Customary courts in Wokha Dist sensitized on civil n customary procedural aspects

Dimapur, July 26: The Wokha District Legal Services Authority (WDLSA) and Wokha Bar Association in coordination with Deputy Commissioner Wokha conducted workshop with Dobashis and Gaonburas (customary court) at town hall, Wokha on July 25.
The Deputy Commissioner Dr. Manazir Samoon, IAS, in his inaugural address stated that since DBs and GBs are government servants appointed by the government to look into law and order situations within their respective village or jurisdiction they should practice effectiveness of justice through perception while delivering justice and should not be biased because of clanism or communalism so as to bring harmony in society.
He further stated that the difficulty faced by administrative officers in dealing with the people because of the traditional practice and customary usage of the Nagas and so the personal Assistant to the administrative officer should assist the administrative officer in executing works within the district.
Seyielenuo Mezhu, NJS, JMFC cum Secretary WDLSA in her keynote address said that though Nagaland is a unique state because of traditional practices and customary usages, which is protected by Article 371 (A), the DBs and GBs is encouraged to follow the procedural aspects as in CrPc and CPC in delivering justice to the people as the concept of justice is based on equity, good conscious and state of mind which is very relevant to the present society.
Eloe Hoho, Chairman in her short speech sought co-operation from GBs and DBs while working for the upliftment for the welfare of the women and children in the society.
Speaking on civil procedure code in the administration of justice, Advocate Stephen Yanthan enlightened the gathering on the various procedural aspects of a civil suit starting from filing a plaint, submission of written statement, framing of issues, evidence stage, argument and passing of judgement this procedure is adopted there is fair chance of delivering natural justice. However at times the proceedings in the customary court are devout if procedures are misguided and mislead by one party and judgement can be biased at times.
Speaking on the topic criminal procedure with special reference to women and children cases, Advocate Rianbow Ngullie emphasized that DBs and GBs re formed by the Britishers for better communication between the Britishers and villages with the local people and for better administration of justice. The importance of customary court are important because of its connection with the grassroots level.
He further emphasized that women are subjugated to sexual, physical, economical and social exploitation by the society by their own husband, brothers and sons.
He said that because of social stigma and customary subjugation women are also not coming forwards and the society cannot grow or develop without the participation of women, so the GBs and BDs must also encourage the women folk to come forward to address their grievances.
He also stressed that section 125 of CrPC entitles the women to claim compensation from their husband and sons. Further with regard to child, he stated that the principle idea of juvenile in conflict with law is not punishment but reformation and rehabilitation. And for juvenile in need of care and protection the DBs and GBs should inform the JJB, CWC or the WDLSA for any kind of assistance.
Speaking on the topic “Customary and Traditional Practice of Lotha/Naga” Advocate Oren Humtsoe emphasized that record keeping is very important while passing judgement at customary court u birder to face challenges for the emerging and digitized society.
He said that while passing a judgement by a village court, a detail written record of the facts and statement and reasons for the judgment/order is very much required. He also requested the DBs and GBs to cooperate with the civil court when a local commission is set up by the court in civil cases in a district court. (Page News Service)