Y. Merina Chishi
Most of think that we know what law is, but are not aware of our legal rights. Law is not just a mere set of rules and regulations that govern us; it is our privilege that must be recognized and utilized.
In Nagaland, most cases are civil and criminal in nature and of the two, criminal being higher up. One huge misconception about criminal cases is regarding bail. Bail is a legal right. When an accused is granted bail, it does not mean that the person is free of charges. On the contrary, the charge sheet is filed and the case begins to build up. Moreover the accused is not a convict until proven guilty by the court, but some people are hell bent on proving the accused guilty even before the trail begins. Also the procedure of law is very lengthy and this is perhaps one factor why people deter from bringing matters to court. However, we need to realize that numerous cases come up every day and it is not possible to concentrate on one case alone at length. An uninteresting fact is that, sometimes a charge sheet may take up to two years to file. Civil cases are easy to dispose. Nagas generally prefer the customary law to settle civil cases, e.g. property and land disputes. In rural areas, cases of almost every nature is taken up and dealt with as per customary law. However, disputes between different tribes are difficult to resolve because each tribe has its own customary law. Unless there is a codified law within the customary laws, there will always be problems, and we should also consider adapting with changing ties. Nagaland also needs courts to settle disputes according to the nature of the case like elsewhere.
For those who profess the law, law is duty. But more often lawyers are a generalized lot, often misunderstood and sometimes over rated. Nagas are compromising species. Many cases are brought to the court and even before the case can be filed, the parties to the dispute compromise. There are also some unrecognized courts that take up cases, and so there is no room for the lawyers to perform. We also tend to let go of many horrendous cases in the name of Christianity. This does not mean that we go around head hunting, but law should also prevail.
Nagaland is also in dire need for the separation of judiciary from the executive. Unless there is independence of judiciary, lawyers in Nagaland will remain inert. The Centre has supposedly passed an order for its separation, but even law officers are unaware of it. The salaries and emoluments of the lawyers here in Nagaland are meager compared to their counterparts in other states. The lack of infrastructure and modern facilities is also another drawback. Without computers and other hi-fi utilities, it is double the task in a profession like law where uncountable files and paper work need to be managed. Recently the Chief Justice of India had asked the State Judiciaries to spend 10% of revenue for infrastructure, but it probably won’t apply to Nagaland for all the obvious reasons.
Most recognizable faces outside Nagaland in the law profession are from the Bench. The Judicial Deputy Commissioner, in real terms should be known as a Session Judge. When the nomenclature itself is altered, there is hardly any chance of recognition outside the state. Cases here are confined to the court complex; even Guwahati does not know what is going on here. We have the manpower but lack the infrastructure. The City Law College in shambles. Although there are lot many practicing lawyers who alumni of the college, the college itself is a fiasco. The Government needs to pay closer attention to the college’s development in all aspects in order to usher a new wave of dynamic professionals.
For all that has been said, the biggest challenge for the fraternity of lawyers is for an independent judiciary. Unanimously agreeing on this, the lawyers have the last say “once the judiciary is separated from the executive, then you’ll see the ‘new wave’.”
