Government making efforts to streamline customary laws, says TN Mannen

DIMAPUR — Advisor, Law and Justice and Law Revenue, TN Mannen, said on Tuesday that the state government has been making efforts to streamline the customary system of law in Nagaland as recognised under the special provision of Article 371(A).

Speaking during the inaugural of the 40-hour mediation training programme for judicial officers and advocates of Nagaland, which began on October 31 in Kohima, Mannen said that it not only has historical significance but has been present since time immemorial, according to a press release.

Nagas, he said, would lose its significance unless it was streamlined or modified to meet the needs of the changing times.

While observing that the state has been embroiled in one or more issues for over a century, the advisor lamented that the supremacy of the law has yet to be fully established in Nagaland.

He said there is no absolute right or absolute wrong, and therefore, mediation, which is conciliatory in nature, should be appreciated. Solutions, he said, should be accepted by parties through mediators who act as impartial parties.

Mannen also added that the purpose of the law is to mitigate any sense of injustice, not through force but through mutual understanding and mediation.

The training is being organised by the Nagaland State Legal Services Authority (NSLSA) under the aegis of the Supreme Court of India’s Mediation and Conciliation Project Committee (MCPC).

In his inaugural address, Gauhati High Court Judge and NSLSA executive chairman Justice Lanusungkum Jamir said that mediation training serves as an inspiration for the legal system at large to promote the rule of law and the efficient use of alternate dispute resolution mechanisms in the best method.

He noted that the Indian judicial system is unique not only because it is based on a written constitution but also because people have a great deal of faith in it. The same, however, is a complex structure.

Therefore, he pointed out, mediation training serves as an inspiration for the legal system at large to promote the rule of law and the efficient use of alternate dispute resolution mechanisms in the best method in order to provide for the poor and needy people who approach law courts to steadily redress their grievances.

Mezivolu T Therieh, OSD registrar and member secretary, MCPC, Supreme Court of India, opined that mediation, as an alternative to traditional litigation, is not only gaining widespread acceptance but demonstrating its efficacy and cost-effectiveness as a well-established dispute resolution mechanism.

Therieh, in this regard, observed that the success of mediation hinges on two critical factors, which are the willingness of the parties and the skill of the mediator in guiding the parties to a point where an agreement is attainable.

The mediator’s role, therefore, she said, is to facilitate the identification and clarification of issues, foster communication, explore options for resolution, and assist the parties in reaching a mutually acceptable agreement.

The 40-hour mediation training will culminate on November 4.

Dr. Aditi Chaudhury, district judge and director of Delhi Judicial Academy; Nagina Jain, advocate, mediator trainer, Delhi High Court; Harish Dudani, principal judge (rtd.) Delhi; and Jaya Goyal, advocate, mediator trainer, Delhi High Court, are conducting the training.

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