Understanding Local Self Governance in Nagaland

October 10, 2017 27030 Views No Comment

4.1 (a) Village Courts

The Village Council Courts are given full powers to deal with and administer the internal affairs of their villages and to maintain law and order. While a section on ‘administration of justice’ was deleted from the Act, the Villages Councils by tradition and by convention continue to exercise powerful functions when it comes to dealing with disputes or delivery of justice in an informal, yet socially imbedded and acceptable manner.

While there are no traditionally established courts of law, every Naga tribe or for that matter, village has its own laws and regulations that are enforced by the Village Councils according to customary laws, norms and practices. The Gaonburas (GBs) nominated by the Village Council and formally appointed by the government together with the other elders of the village assist the Village Councils in the delivery of justice. The Village Councils therefore act as village courts to settle cases within the villages and the issues may range from laws of inheritance, adoption, marriage, divorce, rape, theft, defamation, murder etc.

Village Councils have powers12 to maintain law and order and to administer justice within the village limits in accordance with the customary laws and usages and as accepted by government. Such provisions have facilitated Village Councils in swiftly dealing with law breakers or amicably settling disputes in a socially relevant manner but also ensuring that both the traditional and modern forms of governance work in tandem.

(b) Putu Menden justice system

The Putu Menden is also a Village Court albeit a different system. The types of issues handled are also the same and delivery of justice equally quick and transparent. When passing judgement, the consequence of both the action and intend are considered and penalty for

11Nagaland State Human Development Report. October 2004. Department of Planning and Coordination. Government of Nagaland. Kohima, Nagaland.

12Section 15(1) of the Village Council Act

offences vary according to the intent or circumstances of the act committed. Minors or mentally imbalanced people are often not punished but the guardians can be held responsible for damages or violations.

Generally, parties are encouraged to settle their disputes amicably but if there is no settlement, the parties approach the Putu Menden for adjudication. As a process, the parties are heard and statements and evidences gathered/inspected and is deliberated upon by the Tatars13. Once a consensus is reached, the decision is announced in the presence of both parties. If an offender fails to pay the penalty, it is the responsibility of the clansmen or the relatives to the pay the same. Although the decision of the Village Council court is considered final, any party if not satisfied may approach the Deputy Commissioner.