Role of Dobashis in Naga Customary Law & Practice

By M Imyu Longchar When Britishers established    their Administration over the Naga Hills,  Dobashi’s and  Gaonburas (G.B) were appointed to assist in their administration. At village level Gaonburas were appointed  to collect the annual household tax and to carry out as  Government agents for all correspondence. Whereas, the Dobashis were appointed as an interpreter to  translate the local dialect into  Assamese, Hindi and vice versa. The term Dobashi is a derivation of Assamess  and Hindi word “DOU-BASHA” that is ,  one who could speak the two languages of  Assamess or Hindi and translated into local dialect.  And with the passage of time Dou-Basha changed  its form to “DOBASHI” and emerged a new vocabulary. Dobashis  were appointed at Kohima, then the Headquarters of Naga hill district, later followed by more appointment at the  others Sub-Division Office like Wokha and  Mokokchung. Initially, the duty of Dobashis were just to interpret, but gradually their duty became  more functions both  civil and criminal cases and  the Administration of justice. Initially, British Officers tried the cases  when any disputes brought before them and Dobashis  interpreted the matter to the Officers, and decided the disputes. The Britishers had  good experiences to deal with the local people and to run the administration of justice wherever they occupied any territory. For example, Warrent Hasting Judicial Plan of 1772 in India, The English Judges had no acquaintance with native Indian language, habits, and personal laws of Hindus and Muslims. The local customary laws of Hindus were written in Sanskrit and Muslim laws were written in Arabic. Then, they  needed the assistant of the local people to run the administration of justice, so, they appointed the Pandits’ to interpret the Hindu personal laws, and Kazis to interpret the Muslim personal laws, which were is known as “ Native Law Officers”. They applied the same idea/strategy while establishing   administration over the Naga Hill district. They appointed the interpreters to assist them  mainly to deal with the local affairs. In the meantime Nagas  has no script nor written laws, but carry-out through verbally or orally and practices the Laws of customs, usages and tradition from forefather’s. . Perhaps, this could be another factor which   compel the British administrators to appoint the interpreter’s  within  their  administrative  jurisdiction who were known as, ‘’DOBASHI. Later on, the Dobashi court was established for  better administration of justice. The Dobashi court was not established through any Act,  but   out of necessity  and by convention.. For example, as per the record Dobashi court at Mokokchung was established in 1^st June 1914. Whereas the Dobashi court of Kohima had been established much earlier. . Gradually, Dobashi service became  an influential and coveted one in the Administrative Service. Nowadays, this  court  is established at every District  Head quarters and its subordinate Administrative Head quarters. The system of dispensation of civil and criminal justice in the Naga Hill district has been further streamlined and has empowered the Dobashi and Gaonbura by “Rule for Administration Justice and Police in Naga Hills District  1937”. Which  has been amended by the State Government of Nagaland from time to time, i.e, first amendment in 1974, second amendment in 1983 and third amendment Act 1984, fourth amendment Act 1987, and received the assent of President of India on 4^th March 1987 (better known as “ Nagaland Act No. 1.1987). Dobashis are salaried Government employees,  it is  another designated service to wear uniform, a waist coat with two colours, red in front, black on the back with black- belt indicating a special official person.  Beside a red blanket provided annually through the District Administrative authority. However, the  Goanburas in village level is not a salaried service, but as a Government agent, paid certain commission on percentage basis out of the annual household tax collection as a remuneration and provided a red blanket annually by the District Administration authority. They are also allowed to wear the same uniform  worn by the Dobashis. Besides, Goanbura’s are empowered in the village administration by the “Rule for Administration Justice and Police in Naga Hills District 1937.”They are part and parcel of village council. Their service is remain  as long as they are found deem fit. The village council members may come and go, but GBs may not, hence they become  another  Guardian of Customary Law’s and Practice in the village level. Today, GBs are appointed even in the urban areas. Thus, G.Bs  have a very important role in the administration of grass root level. Now, the Government of Nagaland provides a welfare scheme for GBs vide Notification No.GAB-1/COM/82/2004 Dated Kohima24th March  2007. The functioning of the Dobashi court is headed by a head Dobashi, however, they have a higher post of Political Assistant (PA) to Deputy Commissioner promoted from the post of Head Dobashi. Here the cases are conducted in summary trial manner. Cases are appealled from village level or can be appealled directly in this court by any aggrieved person or parties, it takes shorter period to deliver the verdict except in casess such as land disputes where the cases can be decided after verifying the spot  according to the  tradition, customary practices and usage. Thus, trial of cases by the Dobashi court/customary court take’s much shorter period and cheaper  in  comparison  with the court of Magistrate  and others higher court where so many legal formalities  are there  then taking more longer time with higher rate of cost. The decision of this court is subjected to higher Magistrate court,  if  the decision given by this court is not satisfactory, the aggrieved  party can appeal in the higher  courts. At present, District Dobashi court is equal in status with that of the second class magistrate court. For example,  reference to Dobashi court at Mokokchung, a good remark of appreciation by Shri D.Pathak then Honourable Chief Justice of Guwahati High Court during his visit on 30-06-1982: “The DB’s Court at Mokokchung was established on 1^st June 1914. My visit to this court in the 30^th June 1982 after a lapse of 68 years is quite an experience. I  am very much impressed by the performance and trouble taken by DB’s court for disposal of the disputes according to the customary law prevailing among the people, having jurisdiction of this court. I expected the disposal of cases quicker and cheaper in this court, I am satisfied after going through some of the records that the performance is quite in order.” Similar remarks of appreciation has beens also there by Shri Madan Lokur, Honourable Chief Justice Guwahati High Court during his visit on 07-12-2010. “It has been a very pleasant experience visiting Mokokchung District and the Dobashi customary court. I have learnt a lot from the officers about their customary law and its implementation and enforcement. That the court has been functioning effectively since 1914 speak volumes of its acceptance and credibility. Such courts should be encouraged because they render justice as the parties accept the vertices.”Perhaps, if they could visit all the District Dobashi Court , they could find out more  reality, the value and principle of the customary practices and usage of the Nagas. The institution of Dobashi Court is as century old, even older than the Statehood of Nagaland. Hence, while demanding Statehood, it included on the 16^th points memorandum Sl.No.7: No Act of law passed by Parliament affecting the following provision shall have legal force in Nagaland unless especially applied to it by a majority of vote of Nagaland Legislative Assembly:-

• The religious or social practice of Nagas.
• Naga Customary Law and Procedures.
• Civil and criminal justice so far as these concern decision according to the Naga Customary Laws.
• The ownership and  transfer of   land and its resource.

The above points were incorporated under Article 371 (A) of Indian Constitution while attained the Statehood of Nagaland Therefore, Dobashi court is the institution of the custody of Naga Customary Laws and usages. As per the customary practice no female is recruited in this service. Besides, this service is quite peculiar in comparison with others departmental services in the state. The posting and transfer has confined only within the respective district. The functioning of Dobashi service can be said an unique one, i.e. ,a three tier system. Their duty is to assist the civil administration, sometimes performs as a Police duty, and to act as a Jury, because, they are the members of judges in the Dobashi  court. So this customary court shows the symbol of a unique identity of Naga  social life. . To preserves the sanctity of customary court, firstly it  depend  on the efficiency and responsibilities of the members of the Dobashis, where as they need  high integrity to its service. Secondly, it is important on the part of Government that recruitment should be strictly adhered to Dobashis service rule 1970, Rule 7. (1)(2)(3) and should not  be interfered in  by politics. Besides, facilities to be provides fully like travelling allowances,   accommodation  of departmental quarter, etc and the pay and allowance should be enhanced  better than the existing ones   by the coming 7 ROP. On the other hand, they are one of the protector of Naga identities. For example, in the Indian judicial service the retirement or superannuation age of Supreme  Court   judge is 65 years, and High Court judge is 62 years. The idea of the higher the superannuation or retirement age the greater is that the  professionalism of the senior members is highly required to dispense public justice, because the seniors  have more expertise more learned and better versed. So it is also good and important to apply the same ideas and principle  equally to Dobashi’s service by enhancing the superannuation age and  not to be counted on the length of service .This would further signifys  the important and value of the Naga traditional and the customary Law and practice.              Nagas are comprised of different tribes having distinct culture, custom, tradition and dialect, and one tribe could not understand another tribe dialect and mostly communicate through  Nagamese or English. When, the administrators posted to any district  whether a Naga or Non-Naga, except the officers belong to that District, he or she may not know the dialect, custom and tradition of that particular tribe or the locals of the posting place. Under such a circumstances Dobashi’s service is very necessary to assist the administrator to deal with the local affairs as well as relating to their custom, tradition and their habit. Thus, Dobashis play an important role in the Preservation of customary Laws and Practices,and this service is  in-evitable to our Naga Social Life.