I was privileged to attend a Seminar hosted by Madame Principal Dr. Visakhonu Hibo, of Japfu Christian College, Kohima, on the 29th.and 30th.of September, 2017. The Seminar, entitled, “The Japfu Conclave”, on the theme, “Re-Thinking Naga Customary Laws: A Critical Outlook”, was conducted under the aegis of the Indian Council of Social Science Research, Shillong; and was an immeasurably important part of the necessity to collate and codify Naga Customary Law. This need is of the utmost importance because The Constitution of India gives us the freedom to practise our Customary Laws whereas, in reality, the overwhelming majority of Nagas have no clue as to our Tribal Customs and Laws; this is also the case with our Doabashis, Village Council Chairmen and Members, and Kukamis and Anghs (in the case of the Sumis and Konyaks, respectively).
I bring this up because the recently concluded Assembly Elections have highlighted the worst aspects of our Village Administrators, and how we Nagas abuse our “Customary Law” to pass faulty judgements and commit atrocities on fellow Nagas, on issues which have nothing to do with Naga Customs and Traditions.
In my opinion, the recent cases of expelling/exiling/physically punishing members of the village who contest polls or vote against the will of the more powerful/majority of the villagers have no legality under Naga Customary Law; and certainly not under The Constitution of India. I challenge the Village Authorities, from all Tribes, who have done so, to answer me as to how exactly the Customs or Traditions of your particular Tribe were violated by some member of your village deciding to contest or cast votes in defiance of the diktat of some? Which Tradition, Custom or Law of which Naga Tribe states that a certain member of a village can contest in the Assembly Elections, but another member of the same village cannot? Which Tradition, Custom or Law of which Tribe states that a villager must cast his vote for a particular candidate and no other?
The need for unity among Nagas, of a particular Village, arose from the need to protect each other from marauding head hunters from other Villages; the danger of losing one’s head led to the Custom of stressing unity above everything else. But the context of losing one’s head no longer exists, and thus this Custom cannot be stretched to force obedience from all villagers on all issues, especially democratic ones. So, unless there is a clear and present danger of one or some of one’s fellow villagers being killed, because one contested or cast votes against the wishes of others; under Naga Customary Law, the Village Authority has no power to force its villagers to back down from contesting, or casting his vote, in any manner he pleases.
This is just one instance where our Customs and Traditions have been abused to further the selfish ends of a few, many more such abuses take place, which fail to grab public attention. It is imperative on the part of Naga Academics and the Educational Institutions in Nagaland to follow the lead of Japfu Christian College. We must collate the genuine Traditional Laws of our Tribes if we are to stop this abuse of Laws and Citizens. We may look askance at the atrocities committed under the guise of our Customary Laws, but keep in mind that it is not the Village Authorities who are responsible for them; they are just the instrument used by the rich, powerful and educated elite of our tribes to further their selfish agenda. The Government will not take any noticeable or effective action against these abusers of our Customary Laws, because it, the Government, is controlled by the very people responsible for the crimes. It is only if the Naga is aware of his Rights under his Tribal Customs, that he can protest and put an end to such atrocities.
