Dimapur, August 24 (MExN): The Nagaland Dobashis Association has asked the Government of Nagaland to fully enact the Third Amendment Act, 1984 in the “Nagaland Code” and pave way for constituting customary courts in consonance with the customary practices and usages of the Nagas.
This, it said, would “strengthen the function and essence of the (customary) courts in dispensing justice to the people, and the purpose of establishing Naga Tribunal may not be required.”
Citing Chapter IVA of the Third Amendment Act 1984 of ‘the Rules for Administration of Justice and Police in Nagaland 1937,’ it said that Nagaland State should have three courts—village courts, subordinate district customary courts, and district customary courts. However, it said that, till date, only village courts have been constituted by the state government. On the other hand, Customary Courts in Nagaland have been functioning for over 120 years, safeguarding the age old culture and tradition by adjudicating cases of both civil and criminal of customary nature, although not formally recognized or constituted by the Government.
“As a matter of fact, Nagaland State which was born out of the very foundation of unique customs and traditions has failed to give due acknowledgments to the two institutions which have been instrumental in playing a crucial role in making this far,” it added.
Reacting to reports on the state government’s initiative to establish “Naga Tribunal” at the state level to adjudicate cases according to customary practices, the association held that the views of customary custodians in the State should also be considered before setting up such a tribunal, “as by virtue of the nature of the services the customary courts dispenses, it deserves to be given due recognition in matters relating to custom and traditions of the Nagas.”
With regard to documentation of customary practices and usages, the Association voiced its support for the concept, stating that it would uphold the practices and usages on customs and traditions for the younger generations. It also apprised the government that all tribes of Nagaland have documents on customs and traditions and records which are well maintained by all customary courts. “However, codifications of the customary usages may require wider consultations and insights because once they are codified and becomes Law, the very essence of the customary nature will vanish and end up in the hands of the experts,” it underscored.
