Hopefully, the Naga public are now fully aware of the possible consequences of approving Indian laws and acts without taking due precaution is likely to have a far reaching effect on the Traditional & Customary Law of the land. Incidentally, the only good thing that can be said of 16th point agreement was the special provision provided in Art. 371(A)acknowledging the rights of the Nagas over matters of land and its resources, tradition and its customary practices which cannot be changed by an act of the Parliament except by the approval of the Nagaland Legislative Assembly. It is no coincidence, that a signatory of the 16th point agreement have recently advised the State Government to exercise utmost care so as not to overlook the Naga traditional practices in preference to the Indian system. The GOI while granting special provision under Art. 371(A) was fully aware that this was granted to the Nagas out of compulsion and not out of any other reason. The GOI might also be hopeful that with the passage of time and in the process of amalgamation of the Nagas into the mainstream of the Indian Nation, such special privileges, on Nagas own volition will become redundant in course of time. Though no fault can be attributed to anybody, the Article 371 (A) has an appendage that permits Nagaland Legislative Assembly to approve law which may even be contrary to the constitutional guarantee of Naga rights over its land and resources. In other words, Nagaland Legislative Assembly has more power to change the Naga traditional laws and customary practices than the Parliament.
However While the Naga public remain blissfully ignorant of the special privileges under Art.371 (A), over a period of time from the inception of statehood to date many acts which are likely to have adverse effect upon the traditional rights of the Nagas have come into operation. It may be stated that most of these are the handiworks of the bureaucrats who were often guided by the interest of the department rather than the interest of the public, and the political bosses were often mere rubber stamps. The present attempt to introduce Indian judiciary system, instead of first modernizing and updating the traditional and customary practices is a pointer in this direction.
Therefore, in view of the special status granted to Nagaland under Article 371(A), it is high time that a review may be made on all the acts that have been passed or are in the process of being passed by the Nagaland Legislative Assembly, with a view to protect and preserve the traditional rights and customary practices of the Nagas as envisaged by the Constitution of India under Article 371(A).
T.L Angami, Founder & Advisor
Village Chief Federation
Nagaland and Care Taker
Naga Customary Law
