Kohima, October 27 (MExN): Kohima District Legal Services Authority (KDLSA) organized a legal awareness programme on ‘Tribal Rights’ with the village functionaries on October 26 at the District Customary Court, Kohima. Rovilato Mor, IAS, Deputy Commissioner, Kohima in his key note address lauded the KDLSA for untiringly rendering voluntary services to all sections of people in the form of educating the masses about the provision of the law and the implications of ignorance of law, through which the society has benefitted immensely.
He stated that special rights and protection for the state of Nagaland was extended through Article 371A whereby the customary courts have drawn its power. He emphasized on the need and importance of documenting the customary practices so as to preserve our rich traditions and customs for coming generations. He urged the Dobashis to adjudicate the matter with fairness and equity in administering justice, which will help strengthen the mechanism of the Customary Courts. Failure to perform such duty shall render common people losing faith in customary courts.
Nino Iralu, NJS, member secretary, Nagaland State Legal Services authority (NSLSA) and special Judge Vigilance spoke on ‘powers and functions of the Dobashis.’ Iralu said that a lot of issues which were confronting the society today were problems which were not prevalent in past, therefore the customary courts, while tackling such issues should deal the matters with due diligence and application of mind. She also emphasized the importance in following prescribed procedures while adjudicating cases to prevent from setting aside of such judgments by the appellate courts.
Some of the procedures which are to be strictly observed- Framing of issues; Documents should be supplied to the other party; Statements of witnesses to be recorded on oath; Judgment/Order should be supplied to both the parties. She also shared her views that juvenile cases and other child related issues should be referred to Juvenile Justice Board (JJB) and Child Welfare Committee (CWC), considering the best interest of the child. Further matters related to loan and other money suits should be referred to Lok Adalat for compromise between the parties and speedy disposal of the cases. In conclusion, she congratulated the KDLSA for their outstanding performance and in winning the best District Legal Services Authority (DLSA) 2016 in Nagaland from amongst the eleven districts and wished them the best for the Zonal and National level.
Kekhriengulie Theunuo, Retainer Lawyer, NSLSA spoke on the topic ‘Rules for administration of police and justice, 1937. He explained the hierarchy of the courts under the constitution of India and how customary courts were established. He further stated, through the 2nd amendment of the Nagaland Code, the Dobashis had acquired the jurisdiction to adjudicate matters relating to civil and petty criminal matters. He discussed the procedures provided in the Nagaland code for the adjudication of matters by the customary courts. He mentioned that Part IVA of the Rules of 1937 in the amended rules pertaining to the district customary courts is not operative since government is yet to notify. He mentioned that till such time, the dobhasis courts are to exist as trial customary courts and not sit on appeals. He cited some Supreme Court decisions pertaining to customary court cases in Nagaland.
During the interactive sessions, among several doubts and issues being deliberated at length, in depth discussion on Nagaland Money Lenders Act was done. It was informed that so far four individuals have come forward to register under the Act. Also way forward for the Dobhasis was discussed. The awareness programme was chaired by Zekuseto Natso, Panel Lawyer, KDLSA and was attended by Executive officers & Judicial officers of the district, KDLSA Panel Lawyers, Dobashis and other officials.
This was stated in a press release issued by KDLSA Panel Lawyer, Thejapfutuo Khezhie.
