Wokha, July 25 (MExN): Wokha District Legal Services Authority (WDLSA) and Wokha Bar Association in coordination with Deputy Commissioner of Wokha conducted workshop with Dobashis and Gaon Buras (customary court) at Town Hall, Wokha on July 25. The participants were sensitized on civil and customary procedural aspects by eminent Lotha lawyers, informed a press release from Nagaland State Legal Services Authority (NSLSA).
Deputy Commissioner Dr. Manazir Samoon, IAS, in his inaugural address stated since DBs and GBs are government servants appointed by the government to look into law and order situations within their respective village or jurisdiction they should practice effectiveness of justice through perception and not be biased because of clanism or communalism so as to bring harmony in society.
Stating the difficulty faced by administrative officers in dealing with the people because of the traditional practice and customary usage of the Nagas, he said the Personal Assistant to the administrative officer should assist the administrative officer in executing works within the district.
Seyielenuo Mezhu, NJS, JMFC cum Secretary WDLSA in her keynote address said though Nagaland is a unique State because of traditional practices and customary usages, which is protected by Article 371 (A), the DBs and GBs are encouraged to follow the procedural aspects as in CrPc and CPC in delivering justice to the people as the concept of justice is based on equity, good conscious and state of mind which is very relevant to the present society.
Eloe Hoho chairperson in her short speech sought co-operation from GBs and DBs while working for the welfare of the women and children in the society.
Advocate Stephen Yanthan, speaking on civil procedure code in the administration of justice, enlightened the gathering on the various procedural aspects of a civil suit starting from filing a plaint, submission of written statement, framing of issues, evidence stage, argument and passing of judgement.
Speaking on criminal procedure with special reference to women and children, Advocate Rianbow Ngullie emphasised that customary courts are important because of their connection with the grassroots level. He further noted that women are subjugated to sexual, physical, economical and social exploitation by the society, by their own husband, brothers and sons. However, due to social stigma and customary subjugation, they are not coming forward, he added, according to the release. Maintaining that society cannot grow or develop without the participation of women, he stated the GBs and BDs must also encourage the women to come forward to address their grievances.
He also stressed that section 125 of CrPc entitles the women to claim compensation from their husband and sons. With regard to child, he stated the principle idea of juvenile in conflict with law is not punishment but reformation and rehabilitation. And for juvenile in need of care and protection, the DBs and GBs should inform the JJB, CWC or WDLSA for any kind of assistance, Ngullie added.
Advocate Oren Humtsoe, speaking on the topic ‘Customary and traditional practice of Lotha/Naga’ emphasised that record keeping is very important while passing judgement at customary court. While passing judgement by a village court, he said, a detailed written record of the facts and statement and reasons for the judgment/order is very much required. He further requested the BDs and GBs to cooperate with the civil court when a local commission is set up by the court in civil cases in a district court.
