Money lending without license is punishable by law, says Zhimomi

Our Correspondent
Kohima, May 10 (EMN): The Nagaland State Legal Services Authority (NSLSA) in collaboration with the Nagaland Bar Association (NBA) organised a legal awareness programme at Molu Ki in Kohima on May 10.

As part of its year-long golden jubilee celebration, the NBA has started an initiative to create awareness on legal rights in the far-flung areas of Nagaland.

General Secretary of NBA, V Hukavi Zhimomi in his introductory address said the year-long legal campaign was to educate legal rights to the people. He felt that some sections of the society have become complacent and are ignorant of their legal rights.

Except Dimapur district, all other districts have been covered under the one year legal awareness campaign 2019, he informed. He added that the NBA was started by a few in 1969 and paid tribute to the pioneers.

Convenor of GJCC, Akito Zhimomi who spoke on the topic ‘money lending and the law’ said that property issue between family members, husband and wife, and among clans is becoming common in the state. Money lending is a regulated business, he said.

He enlightened the participants on laws relating to property, including the Registration Act of 1908, the Indian Contract Act of 1872, and Nagaland Money Lenders Act of 2005. He said that money lending without license is punishable by law, he said. Violation of the law may attract punishment up to six months imprisonment or fine or both.

Senior advocate Taka Masa deliberated on the topic ‘Article 371A of the Constitution of India.” He said that Nagaland was established through political agreement and had to solve the issue politically and not on legal basis.

There are two diversions of Article 371A –the stance of the 16 point agreement and the contradictory stance on the part of the government of India. According to his analysis, the word ‘notwithstanding’ at the opening line of Article 371A had “cut off the other constitution provisions of Nagaland.” ‘We could not put any mechanism to monitor the implementation of the A371 A,’ he added.

In fact, the Nagaland Legislative Assembly does not have any power to make laws nor does it posses any legislative competency according to A371A, he said. By default of its design, Nagas have not protected A371A, he added. ‘We have not been responsible in protecting our rights.’

He urged the legal experts to ‘seriously examine’ whether it (Article 371A) has legislative competency, or is only a restrictive and negative provision.

Principal district and session judge, and chairperson, Kohima DLSA, Khesheli Chishi appreciated the innovative idea of NBA’s year-long golden jubilee celebration. She acknowledged that the association has produced lots of eminent personalities over the years.

Chishi described legal profession as the ‘most honoured’ in the world as well as ‘very sensitive’ that is not money-centred. She said one should be able to keep the society at peace and not otherwise, and that NBA is an indispensable association that upholds harmony in the society. She also urged the advocates to pursue a separate bench from the government of India for the convenience of the people.

Other topics such as welfare schemes, legal support system, human trafficking and consumer rights were presented by Rainbow Ngullie and Khumchuba Chang during the function.