Nagaland: GBUDS calls for application of customary law in courts

GB Union Dimapur Sadar (GBUDS) has urged the state government and judiciary to incorporate and prioritise Naga customary laws and practices in the administration of justice, in the greater interest of protecting Naga customs, traditions, and identity.
In a press release, GBUDS president W. Kholie Kapfo and publicity & information secretary Kikhevi Yepthomi, emphasised that customary law consisted of unwritten but obligatory community practices forming an integral part of Naga social, economic, and cultural life.
For a custom to be recognised as law, the union said it must have historical continuity, consistent practice, and be reasonable and legitimate.
GBUDS noted that customary law was a vital part of modern jurisprudence worldwide. It pointed out that courts in India, including the Supreme Court and High Courts, consistently gave precedence to proven custom over statutory law.
The union also pointed out that Article 371A provided special constitutional protection to Naga customary law in Nagaland, yet it was often sidelined in favour of statute law.
GBUDS stated there was no dichotomy between customary and statutory law, adding that both were recognised under the Constitution and applied by courts.
Further, the union stated that all courts in Nagaland have jurisdiction to administer customary law, but they frequently focused solely on statute law, leading to miscarriage of justice in cases involving Nagas.
It asserted that customary law was particularly relevant in matters of property ownership and transfer, inheritance, marriage, divorce, and related issues.
While Naga tribes have minor variations, the union said core principles remained similar: patrilineal society, male-preferred inheritance, clan-based structure, prohibition of same-clan marriage, and specific divorce rules (e.g., wife leaving voluntarily leaves empty-handed; husband divorcing without valid reason grants wife certain rights).
Therefore, GBUDS urged the state government to promptly initiate measures ensuring all courts in Nagaland apply Naga customary law with primacy over statutory law when litigants were Nagas and the issue involved custom, in line with Article 371A protections.
The union stressed that no parliamentary act affecting Naga customary law, social/religious practices, land, or resource ownership should apply without approval by the State Legislative Assembly.
GBUDS asserted that this was essential to safeguard Naga identity, traditions, and autonomy. It urged the civil society organisations (CSOs) to support consistent application of customary law in the administration of justice.