Customary law is critical to Naga ‘social integrity’ Urgent - TopicsExpress



          

Customary law is critical to Naga ‘social integrity’ Urgent need for Nagaland State government to constitute State Law Commission: TR Zeliang Minister for planning & co-ordination, evaluation and geology & mining, T.R. Zeliang, today asserted the urgent need for the State Government to constitute a State Law Commission for complete review and reform of State laws, besides justifying course for correcting laws and procedures for suitably incorporating traditions and customs as part of the legal regimen. “This will offer lawyers and law students a platform for continuous research on this subject,” the minister said while addressing the 33rd parting social cum magazine release of the Kohima Law College at the State Academy Hall. The minister also opined that a Special Assembly Committee must be constituted to trace Naga customs for codification and wider dissemination. For this, he suggested the Committee co-opt various Hohos, lawyers, judges and law students for more efficiently carrying out its task. Lamenting that the Indian Constitution, which is the lengthiest in the world, despite recognizing Naga customs, has no chapter on the principles and values of the customary laws prevalent in “our pluralistic society,” the minister suggested law colleges develop a curriculum on customary laws as well as train youths in the basic postulates of Naga customary law. “If need be and if it is in overall interest, efforts must be made to steadily codify the customary law for being prescribed as a subject of study in our legal institutions,” he maintained. He stressed on the need for reorienting legal education in the country which lays emphasis equally on training men and women to become better judges. Opining that the quality of justice in the country is far from satisfactory, he felt it the responsibility of all State governments and State legislatures to pass appropriate resolutions for immediately inducting merit into the higher judiciary by prescribing fair, objective and merit based selection of judges. The minister pointed out that Nagas, who have adorned the High Courts and the Supreme Court of India, at different points of time, have marked the annals of Indian Jurisprudence with distinction. Nagas who are members of the Bar in Kohima and in other states are also leaving a distinguished trail of merit, competence and hard work. In Naga society, he said, more than law, customs play an integral role. “To my mind, justice in a tribal society like ours is based upon the trust we place in our leader, the chieftain, who is closely knit to us by blood, by kinship. We do not allow third party interventions for justice.” “On the other hand, in law, in the modern world, utmost faith is placed in third party intervention since, in the modern world, closeness by blood has no place, only strangers seek to adjudicate,” he said. Also stating that customary law is critical to social integrity, Zeliang commented that more the modern laws and legal procedures are thrust onto tribal societies, more the chances of their disintegration. In this, he asserted that time has come that all those conscious of reliving the customary order must reunite to reignite the glory of our heritage. The minister also released a magazine of on the occasion. Earlier, Kohima Law College Principal Akang Ao exhorted the students while Wekhrope Marhu delivered the presidential address.
Posted on: Thu, 14 Nov 2013 07:01:48 +0000

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