The contest between customary law and the State’s legal system has created a gap wide enough to be exploited to such an extent that justice is no longer delivered by either. The contest is not so much between the principles of customary law and the legal system, but rather, more at the level of function and interpretation, and their application and jurisdiction. Furthermore, because there is very little public knowledge and public clarity on this issue, there is confusion over the scope and jurisdiction of customary law. For instance, there have been on some occasions where rape cases have been tried by customary law, when in actuality, rape cases cannot be dealt with under customary law, because it falls under the State’s Criminal Procedure Code.
Such inconsistencies have led to the dereliction or gap in how due process is applied that summarily amounts to justice being denied. In order to maximize the two legal components effectiveness, customary law and the State’s legal system need to be perceived and implemented as complementary processes. The differences and the real gap between customary law and the State’s legal system need to be reconciled within practicing legal institutions. The confusion over customary law’s scope and jurisdiction needs to be clarified. Academic law institutions will need to evolve a more vibrant and resilient evolution of customary law that is consistent with principles of universal law.
Customary law in Naga society requires being critically evaluated and transformed into a jurisprudence that is consistent with the values and principles acceptable by international norms. However, it is important that the existing customary law remains founded on values, a jurisprudence, that is relevant to Naga life. Nagas need to be able to take what is good from the past and transform this knowledge into the present day relevance. As Thomas Sankara put it, 'we must be able to take from our past from our traditions - all that is good, as well as all that is positive in foreign cultures, so as to give a new dimension to our culture.' Further, the structures of the Naga legal system too must be consistent with international standards. Through this process Nagas would have the opportunity address their perspective of laws, conduct and institutions within a new comprehensive ethical framework of democracy, restorative justice, equality, respect and dignity.
Considering the community nature of Naga society, the importance of customary law cannot be negated. It is equally important for customary law to be based on a jurisprudence that affirms and meets acceptable standards of law. Once the process for Naga jurisprudence has evolved, the prevailing inconsistencies can be addressed both at the functional, as well as the conceptual levels. Through developing our own jurisprudence, the Naga praxis of justice and liberty will be a steppingstone toward our shared future and a respectful coexistence.
