Dr. Asangba Tzudir
The Nagaland Government has constituted a four-member committee headed by Chief Secretary for compilation of personal customary practices and usages of all the tribes in the state. Wherein, the committee is to submit its report within two months from the date of its constitution. The rationale of the proposed exercise considering the issues of codification in relation to customary laws and practices needs to be given due warrant in the context of Naga customary practices and the mode of dissemination since their beginning of oral ‘history.’
This compilation exercise is based on the need to have a better understanding of the tribes as well as for the purposes of record and references. There are certain challenges however, considering the realities. A two month time frame is given to the committee from the date of its constitution within which the committee has to submit the report. And the first step in this exercise is to have a deliberative meeting with all the presidents of the various tribal bodies along with two representatives each.
Each Naga village was a republic in its own right and had their own set of customary practices and usages. Therefore even within a tribe, for a certain customary practice it varies among the villages of the same tribe. An aspect of customary practice will not only bring out the various versions but also the contesting versions within a single tribe and a shift from oral to the written may create conflicts.
Take the case of adoption among the Nagas. A compilation exercise on Naga Customary Practices of Child Adoption was done by Prodigals Home and was published by the nodal agency, Government of Nagaland. It highlights the various cases and the ways of adoption among the various Naga tribes. A pertinent issue being the future and security of the child which in most cases customary adoption does not provide for. There are cases of such adopted person being disowned due to various reasons. There is another that is worth pondering. “A few decades ago, a one year old boy whose mother passed away was given for adoption by the biological father himself with the agreement, “if the boy survives he shall become our own therefore you should forget him from now,” told the adoptive father. There are limitations and challenges within the customary practices and a further challenge is posed by the need to ‘legalise’ adoption as mandated by CARA (Central Adoption Resource Authority). So, on the one hand, Article 371A of the Indian Constitution provides for certain provisions in relation to customary practices, while on the other, adoption needs to be legalised within a central framework under CARA. Take the case of adoption of non-Nagas by Nagas, and it has created a clash between customary rights and ‘legal’ rights. Likewise, other facets of such customary practices and usages requires due warrant especially in the face of changing times.
Thus, this compilation exercise that would see a shift from orality to writing, need to address not only the differing versions, more so the contesting versions, but also the larger issue of the need to strike a ‘balance’ between customary practices and usages and the legal issues therein. Therefore, if it does not go beyond the simple exercise of compilation, then the whole exercise will prove to be futile.
(Dr. Asangba Tzudir writes a weekly guest editorial for The Morung Express. Comments can be mailed to asangtz@gmail.com)
