Naga Customary law

NAGA CUSTOMARY LAW

Constitution of India: Article 371 (A)

Overview: Article 371 (A) specifies that certain laws do not apply to Nagaland unless decided by the Legislative Assembly.Key Exclusions Under Article 371 (A):

  • Religious or social practices of the Nagas.

  • Naga customary law and procedures.

  • Administration of civil and criminal justice per Naga customs.

  • Ownership and transfer of land and resources.

CONTENTS

Part I: Introduction

Customary Law - Meaning: Traditional rules accepted over generations.Customary Law - Criteria:

  • Ancient

  • Continuity

  • Uniformity

  • Reasonable

  • Non-immoral

  • Certainty

  • Common Application

  • Public Welfare

  • Community Usage

Part II: Constitutional Provisions

Constitution (Thirteenth Amendment) Act 1962: Incorporation of Article 371 (A).Impact: Preservation of customs and protection against Central Government laws.Historical Foundation of Article 371 (A):

  • Scheduled District Act 1874: Promoted non-interference in Naga customs.

  • Frontier Regulation II 1880: Excluded Naga tribes from general regulations.

  • Government of India Act 1919: Further protected tribal customs.

  • Naga Club: Advocated for Naga political identity; submitted a memorandum in 1929 against inclusion in Indian governance.

  • Legislative Assembly Powers: Can reject or modify acts of Parliament that contradict Naga customs.

Part III: Social Structure and Administration

Structure of Naga Society:

  • Kinship/clan lineage with a patriarchal system.

  • Village governments operate as independent republics.

Functions of Clan Heads:

  • Decision-making for clan welfare, land ownership, and social duties.

Land Ownership: Categories include village community land, clan land, and family land.Customs of Inheritance: Patriarchal structure favors male heirs for property while daughters receive gifts only.

Part IV: Ancestral Rules of Social Control

  • Crime and Offences: Definitions for acts like murder and theft.

  • Social Justice System: Methods for resolving disputes without formal courts.

  • Morality and Conduct: Penalties for immorality defined by the community, including compensation and social reputation loss.

Detailed Notes

Customary Law - Criteria Details:

  • Must be ancient, show continuity, have uniformity, be reasonable, adhere to moral standards, have clear rules, apply widely, benefit public welfare, and reflect community usage.

Implementation of Article 371 (A)

  • The Legislative Assembly can reject or adjust acts of Parliament impacting Naga customs.

  • Delegation to customary courts for law interpretation led by local leaders.

Village Government System

  • Democratic with variations per tribe.

  • Example: Sema Tribe as a functioning republic; Konyak Tribe as a monarchy.

Responsibilities of Clan Heads:

  • Handle social, political, and religious duties. Decisions aim to preserve clan integrity.

Naga Customary Law in Practice

Systems Developed For:

  • Marriage: Predominantly monogamous with specific inheritance customs.

  • Child Fosterage/Adoption: Related to kinship support.

  • Dispute resolution emphasizes traditional practices respecting non-violence.

Conclusion

Naga customary law deeply intertwines with social structure, culture, and governance. Article 371 (A) commits to protecting these traditions while enabling self-governance.