Do you agree that without a Naga Jurisprudence it is not advisable to codify Naga Customary Law? Why?

Do you agree that without a Naga Jurisprudence it is not advisable to codify Naga Customary Law? Why?

Some of those who voted YES had this to say:

• Yes, because before we decide anything about customary law, Nagas need to create a legal system, after which all other things will follow.

• Yes. A Naga jurisprudence has to be the foundation for a codified customary law.

• Yes. Without a Naga jurisprudence, it would be meaningless to try and codify Naga Customary Law. Infact Naga customary law would cease to be customary. If codified in its present form, without a Naga jurisprudence, the present Naga customary law would be devoid of a legal philosophy and would be no different from the CrPC or the IPC.

• The Naga Customary Law which was protected by Article 371 A of the Constitution is the beginning of a sovereign set up and I called it the identity of the state. It shouldn’t codify under any circumstances. Allowing the intrusion into the Naga Customary Law will gradually overshadow our sovereign identity and surely special status to Nagaland which is article 371A will slowly lost its effectiveness. So it is not advisable to codify NCL without a Naga Jurisprudence.

• Yes. Once the Naga customary law is codified it will lose its uniqueness and its sanctity. But if it has to be codified to meet with the changing time, then a competent authority well verse in customary usage and can interpret e it according to the spirit of the customary law is very essential.

• Yes, Nagas must first create a legal system.

• Yes, because all Naga tribes and villages have different customary law, so will be impossible to codify such law. Customary law was good in those days when we did not have pen and paper and jails for criminals, but now it is seeing as a primitive local law, and misuse by some, for their own selfish interest to create disturbance and chaos since it is not a written law.

• Yes. Naga customary law is one of the unique and distinct features of Naga polity. A Naga jurisprudence is required to ensure that the distinct laws of the Nags are protected. Without a jurisprudence, Naga customary law will meet its doom when it is codified by Indian jurisprudence.

• Yes. Every legal system in the world is based on a jurisprudence. Indian law is also based on Indian jurisprudence. Naga customary law will be finished if it is not based on Naga jurisprudence. To protect Naga customary law we need to first develop our own jurisprudence.

 

Some of those who voted NO had this to say:

• No. Naga Customary Law is based on oral tradition, so it is not advisable to codify it.

• No. This will lead to more confusion. Customary law should remain the way it is.

• No, why complicate it. We already have so many customary laws. It is best to codify it so that justice is served.

• The tradition of Naga customary law and practices should be maintained. Especially for the poor people and in traditional matters, this is more effective than any other expensive system of codified laws.

 

Some of those who voted OTHERS had this to say:

• It is laughable that some of our most learned lawyers are asking for codification of customary without first establishing the ethos of a Naga legal system.