Dimapur, March 24 (EMN): The Nagaland Bar Association (NBA) has sought the immediate intervention of the state’s chief minister Neiphiu Rio, in matters pertaining to policy making and executive authority of the law and justice department; personal law; creation of legislative cell; and advocate general office.
In a representation, the association has urged the chief minister to hold the portfolio in the policy making and executive authority of the law and justice department in order to maintain decorum and equal authority with the rest of other states in the country.
The association pointed out that applications of several central Acts pertaining to personal laws in the state are contradictory and opposed to the Naga social customs and practices. It added that apart from the provisions of Article 371 A of the Constitution of India, legislative power in matters of personal law is vested with the state legislature. It, therefore, stated that such laws are contradictory and inconsistent with the Naga social customs and practices.
The association has cited instances such as (I) Indian Succession Act, 1925, (2) Special Marriage Act, 1954, (3) Indian Divorce Act, 1869, (4) Births, Deaths and Marriages Registration Act, 1886, (5) Guardians and Wards Act, 1890, and (6) Family Courts Act, 1984 which required to be substituted by our own state Acts or make amendments to the relevant provisions of those laws.
It also urged to amend Rules for the Administration of Justice and Police in Nagaland, 1937 suiting to our own as against the provisions of the Code of Civil Procedure 1908 and the Code of Criminal Procedure 1973. It pointed out that application of the provisions impedes the proceedings of the courts for speedy justice.
Stating that the law and justice department is functioning without legislative cell, the association has urged the chief minister to create the same at the earliest to assist the government in the formulation of legislative bills and rule making matters.
The association has further urged the chief minister to appoint the advocate general from among the members of the state bar having sufficient legal expertise and social standing.
The representation was jointly appended by the association’s president Tali Ao and the secretary V Hukavi Zhimomi.
