DIMAPUR, JUNE 9 (MExN): The Nagaland Bar Association (NBA) has expressed reservations about the recently notified Rules for the Administration of Justice and Police in Nagaland (Fifth Amendment), Rules 2025, particularly provisions introducing a three-tier system of Customary Courts. In a letter addressed to Nagaland Chief Minister Neiphiu Rio, the NBA said the amendment significantly alters the administration of customary law in the state and violates traditional Naga practices.
The letterpointed out that the new rules amend Chapter IVA of the original framework and propose the establishment of Village Courts, Subordinate District Customary Courts, and District Customary Courts. These courts, as per the NBA, would be composed and appointed by the government — a move the association described as contrary to Naga customary law.
"The Village Councils have been constituted according to customary practices and usages," the NBA stated, adding that government involvement in forming or removing members of such councils undermines traditional autonomy. "There is no role of the Government in the constitution of the Village Council except for its formal recognition."
The NBA warned that both the Subordinate District Customary Courts and District Customary Courts, as envisaged in the amendment, are entirely new creations with jurisdictional boundaries imposed by the government — a structure that departs from community-based resolution systems.
Customary law in Nagaland is traditionally implemented through Village Councils and Dobashis (customary law assistants to the Deputy Commissioners), with oversight from Deputy Commissioners and, in certain cases, review by the High Court. The NBA cautioned that inserting a formal judicial structure disrupts this flow.
The Bar observed that the powers granted to the proposed Village Courts appear to exceed those outlined in the existing rules governing Village Councils, particularly in relation to fines and punitive authority.
The association urged the state government to reconsider the implications of the amendments and uphold the sanctity of community-based customary practices that have long defined justice delivery in the state.
