GUWAHATI, Nov 15 ? North-east?s uncodified customary laws and practices are a unique system of justice administration for the indigenous people of the region to resolve disputes, reports PTI. ?The customary laws of the North-east vary from place to place, village to village, tribe to tribe and also within the same tribe in different places. The laws are not codified and are thus not uniform but are a fascinating study of a unique judicial system?, says Dr Jeuti Barooah, Director of Law Research Institute, Eastern Region, Gauhati High Court.
Since ancient times, the village councils disposed of all cases in the tribal areas of the North-east and even when the British extended its administration to these areas, they neither altered the basic structure of the authorities, which dispensed justice, nor in the general customs related to it. The British prohibited trial of certain heinous offences by traditional authorities and framed special rules for civil and criminal administration for justice called Administration of Justice Rules.
?Though different sets of rules were promulgated in different areas, the provisions were almost identical. Within the frame work of these rules, customary practices in respect of trial of crime and imposition of punishment continued and are still continuing to a considerable extent?, Barooah says.
After independence, the tribal areas of the then state of Assam, except the North East Frontier Agency (NEFA), came under the Sixth Schedule of the Constitution according to which certain categories of offences and civil disputes could be tried by village councils or courts established by the Autonomous District Council.
In Arunachal Pradesh, where there are no autonomous councils, the Rules for Administration of Justice, continue to apply and the same is the case in Nagaland where no autonomous district councils have ever been established, Barooah said.
Manipur, which does not come within the scope of the Sixth Schedule, has enacted its own separate rules for administration of justice in the hill areas, she pointed out. In Tripura during the British rule, the Courts of Hill Tripura dispensed justice according to a primitive system of equality and good conscience and there was no regular judicial procedure.
In 1979, a legislation called the Tripura Tribal Areas Autonomous District Council Act was enacted for setting up of an autonomous district council on the lines of those established in Assam, Meghalaya and Mizoram under the provisions of the Sixth Schedule of the Constitution. Tripura was, however, brought under the Sixth Schedule in 1984.
Mizoram is the only state in the North-east where the customary laws have been compiled by the Autonomous Dirtrict Council in 1956 as the ?Mizo Hnam Dan? and this was amended recently. In Mizoram, there are two streams of justice with one consisting of the Village Court, Subordinate District Council Court and District Council Court while the other comprises the Assistants to the Deputy Commissioners, Barooah said.
There is a broad demarcation between the two streams as laid down by the Sixth Schedule of the Constitution. All cases in which both parties are tribal and involves offence not punishable with death, transportation or imprisonment for five years or more are tried by the District Council system.
As a corollary, all cases in which any one of the parties is a non-tribal and involves offence punishable with death, transportation or imprisonment for five years or more will be tried by the Deputy Commissioners Court system only, she said. The Sixth Schedule of the Constitution has laid the provision that the District Council may constitute Village Councils or courts for trial of civil and criminal disputes between parties both of whom are tribals.
The power of a council or a court to try criminal cases is limited to offences which are not punishable with death, transportation or imprisonment for five years or more. Despite the limitation, the Village Court has the power to try criminal cases falling within the purview of tribal laws and customs, can impose fines and may refer to the competent court in case, in its opinion, the sentence should be more severe than it is competent to issue, Barooah said.
All cases are tried in the open ?Durbar? in presence of three or more witnesses and the disputant parties and the issue is to be decided by a simple majority of votes.