Dimapur, November 17 (MExN): The Nagaland Bar Association (NBA) has opposed the demand of the Dobashis to constitute customary courts in the State on the grounds that Dobashis’ courts are creations of law as opposed to customary institutions and customary courts.
In a press release on Wednesday, NBA President Talitsungba Ao and General Secretary V Hukavi Zhimomi stated that while village courts are customary courts and administer justice according to customary law and customary practices for which provisions have been given in the Rules for the Administration of Justice and Police in Nagaland, 1937; it was through the Second Amendment of the 1937 Rules that Dobashis were empowered to administer justice retrospectively with effect from December 1, 1963.
“Proved customs and practices as legal custom are enforced by all courts including the apex court and not necessarily only by customary courts. The nomenclature of a court may be styled as ‘customary court,’ but if it is not a customary institution and only created by statutory enactments, it is entirely a case of misnomer,” the release stated.
