Dimapur District Legal Services Authority (DDLSA) on Saturday opened a Legal Aid Clinic (LAC) at Aoyimkum village community hall Dimapur and also organised an essay competition on “child rights” on October 25 at Herbert Spencer High School Dimapur.
According to a release by DDLSA, inaugurating legal aid clinic, chief judicial magistrate and secretary DDLSA, Ajongba Imchen, spoke on Article 371 (A) vis-à-vis Village Council Act. He said the article must constitutionally not be understood in isolation but as part of the constitution of India since Indian constitution was a living document.
He said Article 371 not only included the written words but also in spirit.
Imchen said the article must be safeguarded on one hand and the essence of the constitution must be preserved on the other, therefore its interpretation must be in tune with inherent changing nations of time and not as a set of words set in stone.
While pointing out the Article stats about “religious or social practices of the Nagas” and “Naga customary law and procedure”, Imchen said that the “special provision” enjoyed under the Article by the people of Nagaland was subject to a wide scope and varying interpretation.
Therefore, he said that the question arises as to what makes for the religious or social practices or customary law and procedure of the Nagas.
Imchen stated that these had evolved over a period of time closely intertwined with Nagas tradition and culture and added that religion wise, Nagas had evolved from animists to predominantly Christians.
With the change in religion, he said came changes in social practices to some degree where customary law and procedures had largely remained the same even though it had undergone much change over the years, pertaining to problem of non-codification of many Naga customary laws and practices.
He also said that this was why there had been a subject to much personal or group interpretation at the village level at various times thereby creating a situation of uncertainly in law.
Over the years, Imchen said Naga society had evolved into a blend of tradition and modernity and with it a set of practices which was a mix of ancestral and Christian values found way into Nagas laws and procedures.
He said that thus, Nagas were governed by the multiple aspects of religions, social, customary and legal notion.
On ownership and transfer of land and its resources, he said that by virtue of the Article, Nagas had the privilege over land and resources, however with regard to forests and wildlife there was a need for greater degree of uniformity in conservation and management as animals know no safe or unsafe zone.
He lamented that the lack of uniformity was a threat not only to the environment but also to the Article. Imchen therefore said that Nagas needed a pragmatic approach towards Article 371 A where interpretation of the Article should be done in the light of present generation while preserving indigenous identity at the same time.
He said that in a state like Nagaland where at times things are taken for a ride, Article 371 A was no exception and that people should make sure that the essence of this Article as enshrined in the constitution of India was not eroded or diluted by their pursuit to bring development at any point of time.
Panel lawyer DDLSA, Sentimenla, spoke on legal aid clinic, Zuchempeni Ngully spoke on domestic violence, Moachila spoke on NALSA schemes 2015 and 2016 and invocation was delivered by Pastor Aoyimkum village. Around 160 members of village council, church, women organisation, youth organisation and villagers attended the programme.
HSHS Dimapur: Dimapur District Legal Services Authority as part of the common action plan and as per directives from Nagaland State Legal Services Authority (NSLSA) organised essay competition on “child rights”.
In his keynote address, chief judicial magistrate Dimapur and DDLSA secretary, Ajongba Imchen, spoke on the importance of child rights and how free legal aid has been provided to the weaker sections of the society by not denying justice to any citizen.
He further spoke on persons eligible to receive free legal services like members of ST/SC, victims of trafficking, women and child, and persons having annual income of one lakh per annum and senior citizens whose income is below two lakhs would be able to avail these services.
The programme was chaired by panel Lawyer DDLSA, Zuchumbeni and welcome address was delivered by HSHS Dimapur headmaster, Robinson Singh. Altogether 34 students participated in the competition. Dipika bagged first position with certificate, Md. Aslam bagged second position and Jakar Akhtar bagged third position with certificate.