Nagaland Deputy Chief Minister TR Zeliang has proposed the creation of a “Basic Naga Law” under a three-tier customary court system to preserve and strengthen Naga traditions. Speaking as the Special Guest on the second day of the 22nd Triennial Conference cum 63rd Anniversary Celebration of the Nagaland Dobashi Association (NDBA) at P Shilu Park, Mokokchung, Zeliang outlined the framework, which would consist of:
Village Council/GB Court: To address local disputes within villages.
District DB Court: To handle cases requiring escalation beyond the village level.
DB Apex Court: To serve as the highest authority for customary adjudication, similar to a Supreme Court within the Dobashi system.
Zeliang also recommended that the NDBA establish Research Committees to document tribal customary laws from all tribes, with the aim of drafting a unified Basic Naga Customary Law. This draft could then be tabled in the Nagaland Legislative Assembly for further discussion and potential enactment.
Building on Zeliang’s proposal, Law & Justice Advisor TN Mannen provided further details on the state government’s plans for customary law reform. Mannen explained that the proposed system, which is under serious consideration, will assign the responsibility of dispensing justice to the GB, Village, and District DB Courts. Customary court cases would primarily deal with disputes concerning traditional affairs, such as land and boundary issues.
Under this framework, the roles of Deputy Commissioner (DC), Additional Deputy Commissioner (ADC), and Sub-Divisional Officer (SDO) would be minimized, with DBs possibly assuming the role of judges, supported by local elders well-versed in customary laws and traditions.
“The government is also considering the establishment of a Customary Law Training Institute or conducting courses for DBs and GBs on customary laws,” Mannen said. “This is to ensure that the provisions of Article 371A, which protect the customary laws and practices of Nagas, are properly implemented.”
Mannen emphasized that the recruitment of DBs should be based on merit and knowledge of customary laws, rather than political considerations. “This will be an important challenge for DBs and GBs, and they must be prepared to serve the public in this regard,” he added.
These discussions were made during the 22nd Triennial Conference and 63rd anniversary celebration of NDBA at P Shilu Park, Mokokchung on January 17.