Dobashis demand customary courts

October 28, 2021 76 Views No Comment

Correspondent KOHIMA, OCT 28 (NPN) : Nagaland Dobashi Association (NDBA) has appealed to the chief minister Neiphiu Rio for constituting a customary courts in the State. A delegation of NDBA members met the chief minister here on Wednesday morning and submitted a representation in this regard.

Informing this at a press conference at Hotel Crescent here later in the evening, NDBA general secretary R Kimerio Yanthan disclosed that the chief minister had assured them of safeguarding and protecting the unique history and tradition of Nagas.

He said the association’s letter submitted to the chief minister reminded the latter that the institution of dobashi was the oldest and one of the few institutions associated with the customs and traditions of the Nagas.

The letter signed by its president Noklentuba Ao and general secretary R Kimerio Yanthan also pointed out that Nagaland was governed by the “Rules for Administration of Justice and Police in Nagaland 1937”, which necessitated Nagaland to have village courts, subordinate customary courts and district customary courts as per the Third Amendment Act 1984 – Chapter IVA. NDBA said all these had received the assent of the President of India on March 4, 1987. However, NDA observed that only village courts had been constituted through the Nagaland Village Council Acts, 1978.

NDBA also mentioned that all districts of Nagaland have district customary courts managed by dobashis although not formally constituted by the government.

NDBA warned that the special status accorded to the State will lead to conflict and the essence of Naga customs and traditions will vanish if appropriate steps were not taken to recognise/constitute the customary courts. NDBA therefore, appealed to the chief minister to lift the standards of the Nagas to greater heights by constituting the customary courts.

At the press meet, Yanthan said that the comment of the law and justice department on customary courts was not very favourable. However, he said based on the unique Naga history and customary traditions, necessary steps ought to be taken for customary courts.

It may be recalled, that the department of law and justice had mentioned that the nomenclature GBs joint customary court was not spelt out in Rules for Administration of Justice and Police in Nagaland, 1937 and in the amendments, nor in the Nagaland Village Council Act, 1978 and in the amendments. Therefore, the department ruled that joint customary court had no legal sanction to adjudicate on customary cases. The department further stated that Rule 26 of the Nagaland Village Council (Fourth Amendment) Act, 2009 allowed tribal councils to assist the State government only where its assistance was sought and that there was no mention of the nomenclature “joint Customary Court” under the said rule.

The department also pointed out that chapter IVA (iii) of the Rules of Administration of Justice and Police in Nagaland (Third Amendment) Act, 1984 provided for constitution of district customary courts, though Chapter IVA was exempted from notification vide no.LAW-166/83 dated March 14, 1989. Therefore, district customary court or district DBs customary court had no legal sanction to adjudicate customary cases, it ruled. Yanthan said there were about 600 DBs in Nagaland and that they settled over 300 cases in a year in Kohima alone.

NDA vice-president Khunyü Rino and treasurer and PA to DC Lhaliezhü were also present at the press conference.

Source: http://www.nagalandpost.com/dobashis-demand-customary-courts/243256.html