N Haisoyi Ndang
Author, Naga script & Zeliang Customary Laws
Many intellectual Nagas aspired of having a common customary law for all the Nagas could be a well thought-out but the challenge ahead seems to be bigger than ever thought-out for the fact of technical implication in various tribal custom and practices that’s akin to my headache pill is useless for your stomach pain.
If that is the fact that we really wanted uniform customary laws then that’s not different from the unsuccessful “Uniform Civil Code” proposal being shelved indefinitely for wants of civil society’s supports. Whereas, the uniform civil code is a term originated from the concept of civil law-code that envisage administering the same set of secular civil laws to govern different people belonging to different religions and region that ultimately superseding the right of its citizens as to subject themselves to different personal laws based on their religion or ethnicity. A common area intended to cover by this act includes; 1. Personal status 2. Rights related to acquisition and administration 3.Marriage, divorce and adoption was ardently opposed by Muslims, Christians, INC, CPI(M) and in consonance to that “The Time of India” said on 13 Oct. 2016 “A Uniform Civil Code is not good for the nation”
Now, considering the historical-baggage of the Naga tribal culture, custom and tradition where each Naga tribe has its own set of unique custom that may not be relevant to other Naga tribes. No wonder, the ancient Nagas lived in a sovereign status of nation, undiluted from any external influence or force. Similarly, retrospection shows that our forefather embraced the faith of paganism; believer of nature “Animism” started setting their own ethical rules and regulation. The evolvement of most custom and practice were heavily laced and infused with fear psycho factors more of natural phenomenal recurrence such as curse and rewards for the bad and good people. These laws are purely verbatim and the elders who administer know them like the back of their palm and apply what is appropriate for a degree of crime so committed and deals accordingly without any prejudice since time immemorial. The institution of customary law is basically based on the fundamental of village authorities comprising of G.Bs. and trusted elders who are not necessarily trained in the profession of handling laws unlike those LLB in the Indian conventional laws nor do they charge fees for dispensing the cases but in a nutshell the customary law dispensers are not less than lawyer themselves.
However this doesn’t mean that those customary laws are flawless in nature but it has survived the test of time where, till date most rural folks opting for this simple but effective set of customary can be attributed to just and fair settlement in time with less or no expenditure. More so, when the country India recognized our intrinsic culture and custom through the ordinance sanction article 371A in consonance with our probity of custom and practice it will be prudent on our part to zealously protect them in the best interest of communities and Nagas as a whole. Therefore it is the right time that all those verbatim records of our forefathers be put to book form in hard and soft as I did for my people and some other few tribes as well.
As for the common customary laws being endeavored by some intellectuals who might as well come up with a set of rules that can raise more question than the answer as “Customary law-review needed? Nagaland Post, Post-mortem on 28-03-2017. Remember, I have certain inherent rights in my own custom and practice which cannot be dispensed by the Ao or Lotha or Angamis nor do can I to them but if person/s from those tribes committed a crime in my jurisdiction they would be prompted with my customary laws and vice versa. However, at this juncture it will be a suicidal to jump to a conclusion with common customary laws for that would create more confusion than solving. Many Nagas tend to jump into bandwagon without understanding the pros and cons but in practical they are more complicate than you ever think and if haphazardly redrawn with a set of common laws and push me to the wall surely there would be counter reaction for the worse.
Therefore, it is my humble suggestion that should there be any remedial needed in their respective customary laws; it should be squarely put through remedial process represented by the D.Bs. G.Bs. Hohos and the author/compilers should there be any. True, there are certain outdated and obsolete laws dying out a natural dead which are no more in use, many more can be rectified and put to codification within that particular tribe if required but I am death sure that no sensible tribe would ever surrender their rights for others’ pleasure for the asking. Our ancestors were good in practicing but poor in preaching and vice-versa we the Nagas today
