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On the Dispensation of Justice by Customary Courts in Nagaland

Customs and usages have been the sole means by which any kind of disputes were adjudicated in the Naga society. It is highly appreciated for it is simple, speedy and does not involve expensive litigation. The British Raj continued this system of settlement of disputes by enacting legislations exempting the application of technical procedural laws enforced in other parts of the country. After the Indian independence, the Constitution of India provided special provisions recognizing the whole realm of Naga customary law. However, with the growth of society, the requirements of the people change and the age old customs may not cater to the current needs in many cases. Similarly, some customs and practices may conflict with the rule of law and other provisions of the Constitution. Thus, in such transitional period, the governmental organs of the state have been casted with a special responsibility. This paper endeavours to study the customary courts and its structure, functioning and authority in settlement of disputes and administration of justice. The paper also endeavours to study the customary courts vis-à-vis the formal laws in contemporary times with help of judicial decisions.

Keywords: customary courts, Constitution, Article 371A, Dobhasi, Gaon Bura.