Time to regularise customary law: Advocate
Source: The Sangai Express / Mungchan Zimik
Ukhrul, November 21 2017:
Senior Advocate Daniel Ramsam of Manipur High Court has asserted the urgent need to regularise tribal customary laws for better governance at the grassroot level.
Speaking as the key resource person of the two day awareness cum workshop programme on customary laws and preservation of forest and natural resources held today at TNL Hall, Ukhrul, the senior Advocate said that unlike the system of governance in the Valley, every hill village is directly adminis tered by the respective headman or village authority through heredity inheritance, contrary to the State laws.
The Village Act 1956 which was outrightly rejected by Hill peoples violated the inherent rights of headmenship and contradicted tribal laws which is not applicable in our system of governance, he added.
The senior Advocate also dwelt on the need for a systematic approach to reform customary laws.
He said the Central Government reserves special provisions to safeguard or protect the rights of minority and enlightened on Article 371(C), which is the right platform to assert the legal rights of the tribal community.
Rtd.
Chief Justice WA Shishak deliberated on tribal customary laws of delivering justice particularly in the context of the Tangkhul community.
According to him, Nagas have a system of governance, with distinct judiciary and administrative system and added that the Government of India has also recognized the "Unique history of the Nagas" .
Tangkhuls have well defined traditional system of legal procedures to deal with land management, social issues, disputes, marriages, festivals which are all mentioned clearly in our customary laws, added W Shishak.
However, the beautiful customary legal procedures have been abandoned or discarded by the people with many opting to approach other courts for justice, he noted.
W Shishak said that it is due to the mistrust of the public in the guardians of customary laws.
The headmen or VAs should hold greater responsibility in order uphold our traditional judiciary system for delivering justice.
Village headmen, VAs and over 200 people drawn from different social organizations such as TNL, TKS, TSL, TMNL attended the conference.