Recognition of Naga Customary Law and Practices in Northeast India: Convergence or Conflict

India is a unique example of unity in diversity. The diversity and variety of the language, caste, culture, tribe and religion is remarkably distinguished as a wonderful mosaic of anthropological splendor. Tribal peoples generally prefer having their disputes determined by the customary courts because their procedures are simpler and cheaper compared to formal law courts. The courts are also located near the public and the justice is available at the doorstep of the people. The courts apply orally transmitted rules and norms while rendering decisions. Village Court in Nagaland is unique not only in the country but also in the world. In India, the national justice system is well structured and independent based on the adversarial system of English Common Law. But the justice system of the tribal peoples in Northeast India, specifically in Nagaland, is quite different. In Nagaland, the tribal peoples have a high degree of integrity governed by their customary laws. Customary laws emerged from the community and through them the socio-cultural identity of the tribal community is preserved. Customary laws in Nagaland vary from tribe to tribe and are largely unwritten. The tribal communities cherish their laws as inherent to their identity. Customary laws and practices in Nagaland regulate certain customary rules of behavior and include enforcement procedures and punishment for violations, turning them into a guardian of tribal values and norms. Many aspects of customary laws are good and need to be preserved, such as simplicity of procedures and preference for reconciliation rather than litigation. In recent years, there have been considerable changes in the contents, interpretation, and enforcement of customary laws. Particularly, this seems to appear in the State of Nagaland where the traditional people give them the strict interpretation and resist changes in traditional laws. This paper examines the constitutional and legislative framework within which the customary law and practices operate.