GB Union Dimapur urges Nagaland government and courts to uphold Naga customary law over statutes under Article 371A.
Share
DIMAPUR — The GB Union Dimapur (Sadar) has urged Nagaland government and courts in the state to ensure the application of Naga customary law in legal proceedings involving Nagas and to give it primacy over statutory law in accordance with Article 371A of the Constitution.
In a press release issued on Wednesday, the union underscored the need to incorporate Naga customary laws and practices, and use in courts to protect customs and traditions as a form of law.
The union described customary law as unwritten practices regarded as obligatory rules of conduct within a community, which become recognised as law when they have historical longevity, consistent practice and community legitimacy.
It stated that customary law forms an integral part of modern jurisprudence and that courts worldwide, including in India, have held that proven custom can take precedence over statute law.
Also read: Nagaland: Church, government acknowledge ‘disconnect’ over NLTP implementation
The GB Union pointed out that although Article 371A grants special protection to Naga customary law, it is “often ignorantly sidelined” in judicial practice. It argued that there is “no dichotomy” between customary and statutory law, as both are recognised by the Constitution and should be applied by courts.
It also stated that all courts in Nagaland have equal jurisdiction to administer customary law, but “more often than not” they focus solely on statute law, which it claimed causes miscarriage of justice.
To address this, the union called on both the state government and civil society organisations to insist that courts apply Naga customary law in cases involving Nagas and customary issues.
The union listed areas where customary law is particularly important, including ownership and transfer of property, inheritance, marriage and divorce. It added that while Naga tribes have minor variations, their customary laws are largely similar—including patrilineal inheritance, clan-based property systems, prohibition of same-clan marriage, and specific divorce norms.
It further urged the state government to “promptly initiate and push” for application of customary law in all relevant cases, in line with Article 371A, which protects Naga social, religious and customary practices and land and resource ownership unless altered by the state legislative assembly.