DIMAPUR, MARCH 22 (MExN): The Nagaland Bar Association (NBA) has submitted a memorandum to Nagaland State Chief Minister, Neiphiu Rio calling for a review of the application of personal laws in Nagaland.
The memo stated that applications of several Central Acts pertaining to personal laws in the State are badly contradictory and opposed to the Naga social customs and practices. Apart from the provisions of Article 371A of the Constitution of India, legislative power in matters of personal law is vested with the State Legislature, it added.
The NBA therefore said that laws contradictory and inconsistent with our Naga social customs and practices, for instance, (1) Indian Succession Act, 1925 (2) Special Marriage Act, 1954 (3) Indian Divorce Act, 1869 (4) Births, Deaths and Marriages Registration Act, 1886 (5) Guardians and Wards Act, 1890, and (6) Family Courts Act, 1984 are required to be substituted by our own State Acts or State Amendments may be made to the relevant provisions to these laws.
Further, it pointed out that the Rules for the Administration of Justice and Police in Nagaland, 1937 may be amended suiting to the state’ as against the provisions of the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973 the application of the provisions which stumbles the proceedings of the Courts for speedy justice.
Another request from the NBA was the creation of a Legislative Cell. The association informed that the Law & Justice Department is functioning without a Legislative Cell. “Bills on legislation, be it either new or amendment and rule makings are to be generated and drafted in the Legislative Cell of the Law & Justice Department to be manned by legal experts well conversant on various matters including social customs and practices of the Nagas,” it pointed out.
The NBA as such said time has come for creation of a Legislative Cell at the earliest so as to assist the Government in the formulation of legislative bills and rule making matters. It reiterated that “reckless application of Central Acts and Rules as ready reckoner in the State, particularly in matters of personal laws may be avoided for smooth administration of justice and for social harmony.”
It further stated that being a tribal state, tribal and inter-tribal affairs dominate the realm of social affairs in Nagaland. “Since commercial, scientific and cyber laws are within the competence of the Parliament, the State is more or less concerned with the local laws, and the role of the Advocate General as the pivotal authority in these matters is unquestionably the highest consultant authority,” the NBA viewed.
It therefore asked that, “without succumbing to any other pressure,” the Advocate General whose appointment is within the CM’s prerogative, “may be appointed from among the members of the State Bar having sufficient legal expertise and social standing.”
Finally, the NBA also asked that the policy making and executive authority of the Law & Justice Department may be continued to be held by the Chief Minister or in any case by a Cabinet Minister and no others so as to “maintain decorum and equal authority with the rest of the other States in the country.”
