Ever since the Lotha Hoho filed PIL as redressal of Naga common grievances in regard to NPNG Rules and Regulations and subsequent backdrop of a High Court order terming the Nagaland Petroleum and Natural Gas (NPNG) Rules and Regulations, 2012 as “legally questionable,” there has been a ‘hue and cry’ from Nagaland Government, Several Organizations and of late the Nagaland GBs Association, with a catch word – to settle in and through “Naga Customary Law” has caught my serious attention, hence this article to shed what I know best.
What we know of “Public-Interest Litigation” (PIL) is litigation for the protection of the public interest. In Indian law, Article 32 of the Indian constitution contains a tool which directly joins the public with judiciary. Therefore, a PIL may be introduced in a court of law by the court itself (suo motu), and not only the aggrieved party or another third party. For the exercise of the court's jurisdiction, it is not necessary for the victim of the violation of his or her rights to personally approach the court. In a PIL, the right to file suit is given to a member by the courts through judicial activism. The member of the public may be a non-governmental organization (NGO), an institution or an individual.
And we see that the concept of Public Interest Litigation (PIL) is in consonance with the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. I repeat – “Filing PIL is to protect and deliver prompt Social Justice with the help of Law!” Yes, PIL, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment. So, then why there is such a commotion within and without when someone is seeking protection and Justice where the public interest is at stake, hence approach the court seeking legal remedy? Can we say an acid test of our mindset is proven to be perverted and our knowledge of right or wrong is blurred?
Nagas retains her time immemorial God given wisdom of customary practices even in the time of British India and now Nagaland as one of the States in India enjoys in the form of Article 371A of the Constitution of India, (however it does not guarantee the State Government to use this Article 371A as permit to become Land Owner and to transfer of land and its resources; and exploitative benefits thereof) and shall continue to hold and practice even after an Independent Naga Country is obtained. This unique rights and practices to which the Nagas holds in great esteem as admirable qualities – the Land Holding System, cannot be done away by any authority on earth except the Nagas themselves so discards it.
In line with this, the Lotha Naga sees that the NPNG Rules and Regulations framed by the Government of Nagaland on the bases of Article 371A and the assertion of Naga special right and status under the provision of Indian Constitution conveyed to the Centre by Nagaland Government is heartily acknowledged and are absolutely on the right direction. However, some of the contents in NPNG Rules and Regulations were in total conceptual separation and utterly distortion of Naga long proud customary practices, especially the Nagas traditional Land Holding System.
From those facts, the Lothas raised the issue to the Government of Nagaland to address wisely and truthfully from its inception of framing of NPNG Rules and Regulations. Time and again, the Lothas with all sincerity and respectfully appealed to the Government of Nagaland and several representations were submitted and a multiple consultative meetings between Lothas and Government were held to redress the serious issue, yet to no avail but falls to a deaf-and-dumb. But to everyone's surprise, Nagaland Government has so far not carried out the basic due diligence till date but determinedly bulldozing its determination.
Therefore, the Lothas has no option left but to seek the help of Law to protect and deliver prompt Social Justice, hence the PIL. And they have the conviction that as long as Nagaland is in India, bona fide litigants of India have nothing to fear but to trust the Judiciary.
Lothas also sincerely advocates that while the Government of Nagaland gives strong signals to the Centre that the provision of Article 371A is undeniably her power in framing any law, the Nagas Rights of Naga’s Customary Practices of Land Holding System and Ownership; and any other noble practices should not be killed. But sadly there were many instances of undeniable arbitrary consequences of their actions. And therefore, it is unacceptable and Nagas, especially the Nagaland GBs Association - the custodian of Naga Customary Law, must stand together with all truthfulness and trust to protect her natural rights without any prejudice and not otherwise..
May I conclude citing Naga Customary Hunting! When Nagas perform a community hunting for a tiger, they always take an outmost care not only in killing the tiger but protect the valorous from all sites from injury. But sadly there were a time where instances of killing the valorous by some few jealous persons who were strongly wanting the valorous’ position and takes advantages of the Valour’s possessions. May the pure wisdom of the readers prevail!
Rev. Dr. L. Tsanso
