Dimapur, October 28 (MExN): Dimapur District Legal Services Authority (DDLSA) opened a Legal Aid Clinic (LAC) at Aoyimkum village community hall, Dimapur on October 28. It was inaugurated by Ajongba Imchen, Chief Judicial Magistrate and Secretary DDLSA.
Speaking on Article 371 A vis-à-vis Village Council Act, Ajongba Imchen apprised that constitutionally Article 371 A must not be understood in isolation but as part of the constitution of India.
The article, he stated, must be safeguarded on one hand and the essence of the constitution must be preserved on the other. Therefore, its interpretation must be in tune with inherent changing notions of time and not as a set of words set in stone, he added, according to a press release.
Pointing out that the Article states about ‘religious or social practices of the Nagas’ and the ‘Naga customary law and procedure’ which provides for a broader scope and perspective, Ajongba said the ‘special provision’ enjoyed under the Article by the people of Nagaland is subject to a wide ambit and varying interpretation.
He therefore said the inherent question arises as to what makes for the religious or social practices or customary law and procedure of the Nagas. He opined that these have evolved over a period of time closely intertwined with our tradition and culture.
Religion wise, Ajongba stated, Nagas have evolved from animist to a predominantly Christian one and with the change in religion came changes in social practices to some degree, but the customary law and procedures have largely remained the same.
This is why it has been subject to much personal or group interpretation at the village level thereby creating a situation of uncertainly in law, the Chief Judicial Magistrate further said.
Meanwhile, he said Nagas are governed by multiple aspects of religious, social, customary and legal notion. For instance, in the case of marriage, ideally a Naga needs the social sanction of the community, religious approval of the church, and legal certification by a court of law.
On ownership and transfer of land and its resources, he said, by virtue of the Article, Nagas have the privilege over their land and its resources. However, with regard to forests and wildlife, there is a need for greater degree of uniformity in conservation and management as someone’s conservation becomes a prey to someone, for animals know no safe or unsafe zone, he added.
Ajongba lamented that this lack of uniformity is also a threat not only in the greater environmental context but also a threat to the Article. “We need a pragmatic approach towards Article 371 A, where interpretation of this Article should be done in the light of present generation but preserving the indigenous identity of the Nagas at the same time.”
The DDLSA Secretary opined that in a state like Nagaland, where at times things are taken for a ride, Article 371 A is no exception. “We should make sure that the essence of this Article as enshrined in the constitution of India is not eroded or diluted in our pursuit to bring development at any point of time.”
Sentimenla, Panel Lawyer DDLSA spoke on Legal Aid Clinic, Zuchempeni Ngully spoke on domestic violence, and Moachila spoke on NALSA schemes 2015 and 2016.
Around 160 people comprising representatives of village council, church, women organisation, youth organisation and villagers attended the programme.
