Dimapur, Oct. 28 (EMN): The Chief Judicial Magistrate and Secretary DDLSA Ajongba Imchen speaking on Article 371 A vis-à-vis Village Council Act during the inauguration of Legal Aid Clinic (LAC) cum awareness programme at Aoyimkum village community hall, Dimapur, on Oct 28, said Nagas need a pragmatic approach towards Article 371 A.
The chief magistrate said constitutionally Article 371 A must not be understood in isolation but as a part of the Constitution of India since the constitution is a living document.
He maintained that the article must be safeguarded and the essence of the constitution must be preserved and its interpretation must be in tune with inherent changing nations of time and not as a set of words set in stone.
Pointing out that the article states about religious or social practices of the Nagas and the Naga customary law and procedure which provides for a broader scope and perspective, Imchen said that the special provision enjoyed under this article by the people of Nagaland is subject to a wide ambit and varying interpretation. He therefore said the inherent question arises as to what makes for religious or social practices or customary law and procedure of the Nagas.
Religion wise, Imchen said Nagas have evolved from an animist to a predominantly Christian and with the change in religion came changes in social practices to some degree where the customary law and procedures have largely remained the same even though it has undergone much change over the years, pertaining to the problem of non-codification of many customary laws and practices. This is why there has been a subject to much personal or group interpretation at the village level at various times thereby creating a situation of uncertainly in law, he added.
He also said over the years Naga society has evolved into a blend of tradition and modernity and with it a set of practices which is a mix of ancestral and Christian values which has found its way into our laws and procedures.
Thus, Imchen stated that Nagas are governed by the multiple aspect of religions, social, customary and legal notion for instance in the case of marriage. Ideally Nagas need social sanction of the community, religious approval of the church and a legal certification by a court of law, he said.
On ownership and transfer of land and its resources, the chief secretary said by virtue of the article, “the Nagas have the privilege over our land and its resources, however with regard to forests and wildlife there is a need for greater degree of uniformity in conservation and management as someone’s conservation becomes a prey to someone, for animals know no safe or unsafe zone.”
Imchen lamented that the lack of uniformity is a threat not only in the greater environmental context but also the said article. Therefore, he said Nagas need a pragmatic approach towards Article 371 A, where interpretation of the article should be done in the light of present generation but preserving the indigenous identity of the Nagas at the same time.
The chief secretary also said in a state like Nagaland, where at times things are taken for a ride, Article 371 A is no exception. We should make sure that the essence of this article as enshrined in the constitution of India is not eroded or diluted by our pursuit to bring development at any point of time, he stated.
Panel Lawyer DDLSA Sentimenla spoke on Legal Aid Clinic, Zuchempeni Ngully on domestic violence, and Moachila on NALSA schemes 2015 and 2016.
Around 160 members of village council, church, women organisation, youth organisation and villagers attended the programme.
