Dimapur, April 2 (MExN): The traditional Naga practice of delivering justice the customary way is helpful is resolving some disputes but only within the context of a particular tribe or community that share the same beliefs, says a team of senior advocates from the Supreme Court of India.
The four-member team comprising of advocates Niranjan Bhatt, JP Singh, Sadhana Ramachandran and Zubeda Begum were in Dimapur on Monday, April 1 to attend an interactive seminar on ‘mediation’ held for local village leaders – gaonburrahs, dobashis and village councils. It was organised by the Nagaland State Legal Services Authority.
“We are here just to provide the technical aspects of mediation,” said Niranjan Bhatt while informing that the team was sent by the Chief Justice of the Supreme Court to study the “customary” justice structure in the state, which has earned the recognition of the Constitution of India. Bhatt is also a Supreme Court appointed Mediator on the protracted Assam-Nagaland border row. He was of the observation that mediation as a form of resolving disputes has ever remained or rather has been an integral part of the traditional justice delivery system in Nagaland.
The prevalent justice system has been helpful in resolving some disputes, Bhatt said. However, he noted that it has been useful only within a particular tribe or community with shared beliefs and customs, seldom applying outside of the tribe. “… This is where the problem arises,” he said. It leads to the courts getting over-burdened with cases (of disputes), resulting in minimal disposal of cases.
And to top it off, the process of fighting court cases has become very expensive. It has prompted the Supreme Court to consider alternative means of justice delivery; and from where emerged mediation as a viable avenue, he said.
While the role of the ‘third party’ or mediators in resolving disputes has been acknowledged by the Supreme Court, Bhatt said that the apex court has also felt the necessity to train mediators.
It has, as a result, opened a whole new window of opportunity for employment.
“You will be in a panel of court mediators, paid by the court. It is a great scope… Doors will open for you if you do well,” Bhatt added.
JP Singh, Sadhana Ramachandran and Zubeda Begum while touching on similar lines acknowledged that Nagaland has already a “nice” mediation system in its customary practices.
