Request for imperative aspect of normative ethics in administration order

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The world of Nagas based on the Naga Customary Laws does not align with the current trend of Nagaland history. The concept we had through the privilege to observe represents the very human ordeal since the seeding of human origination in Nagaland that has given us the opportunity to seek out for an amiable solution with the Customary Laws of Nagas. It is the element for the tribunal, where in lies our salvation or exodus from justice. It is the indispensable vision and indisputable facts that fills up our senses.
Thus, the Gaon Bura(GB) were appointed by the Government without pay and allowances except Khajana ( House tax) & commission of rupees 5- only per house. They were not given the specified duties and functions. GB’s are known as village Chief/ Head in some villages without the root history. However, we mostly take GB’s abbreviation as Gaon Bura meaning “village elder. This cadre has no root of its own history and is inappropriate to be use in the Naga Customary Laws of the land.
But during the British Government rule, since GB cadre were required for administration in the village, the British government had adopted a principle of one GB/Elder per King in the village level to assist the King without promotion. And it should not be treated equal to the King’s cadre because GB /village elder have no history in the village establishment as per the Naga Customary Laws. The cadre was only for the purpose to assist settlement of any cases. Village elders were given custom provision offer to assist the King and therefore, The British Era administration order should not be kept in the Naga Customary Laws of the land. As we are no longer under the administration of the British set up. It is harmful to a village in the long run to be ruled as a King without history of first settlers.
In other words, the Government is responsible for the welfare of the village as to whether it is worth protecting the GB’s institution or should it be abandoned like the institution of area council or tribal councils. But instead of solving village problems, it is creating unwanted malady by proclaiming Chief / Head GB in the village of custom ruled which has created more complex issues in the village. As there was no provision for GB/Village elder to be entitled as Kingship in the Naga Customary Law. Therefore, the immediate application of normative imperative administration order is the need of the hour.
However, if people cordially deal & will , to keep assisting the King, it may be kept as per the abbreviation of the village elder of the village. But, it should not be for the purpose of creating The King post. In this day and age GB/village elder are proclaimed Head/ Chief GB without knowing the meaning of the village elder which has no meaning at all to be inherited whereupon. However, the government is appointing GB to ensure administrative purposes. Since, the government is appointing, it should also give salary otherwise, appointment without scrutiny of the village history is illegal and is creating infractions in administration malfunction. Yet concerns arise regarding the stability of government with proclaim Head/ Chief GB cause questioning that to whom they are upon head king of the village? When they don’t have the root source how can the GB’s become Chief/Head/Kings of villages without normative imperatives. It is conflicting the functions of the Customary Laws of the land. It is the fact that during the British regime, Gaon Buras were issued red blanket shawls to assist the Kings in order to convince Nagas and to withdraw Supports from Japanese for their administrative convenient. The British Government issued red blankets to GB’s does not mean appointment of Kings, as matter of fact outsiders have no power to appoint the Kings, it is not their look out. And GB’s posts are not meant to inherit in normative imperatives in the Naga Customary Laws of the land. Their service length may be up to the age of 60 years old like any other employees in general and should be given pay and allowances like employees, as they were also appointed by the Britishers and the State Government.
Thus, GB’s appointed by the British and State Goverment are inapplicable to be named as King of the village, as they were not the first setlers/ village establishers and only the establishers can become King. GB’S and the Kings differs in historical status. The world of Nagas are no more under the disturbances of British. So, administrative orders may be issued to abandon. As of now, Nagas are not under the administrative convenient of British regime, albeit, once they came to Nagaland and lived together under the circumstances cordially dealing as friendship. But did not long disturb the world of Nagaland. For instance, the practice of forgiving or compromising in many occasion in the name of being Christian does not conform to the acceptable norms of modernity, whereas rule of laws should be the criteria.
In those days appointment order for King were not issued but only issued of red blankets were made annually for the GB’s. In this day and age appointing orders are issued by the State Government provided it does not hampers the Naga Customary Laws of the land, they may also be given salary to assist the King accordingly like as per during British era they issued blankets, GB’s received privileges such as house tax- commission of Rs 5/- only annual blankets, exemption from house tax payment, free insurance of guns and license, land allotment in towns and even employment opportunity for family members in certain cases.
But, it does not mean that they were the first village establishers nor first setlers of the village. They are inapplicable to become the King of the village. In some village, during the establishment of village, there were verdicts that there shall be no appointment of permanent for head Kingship in particular clan or individual among the first setlers in the village. However, among the Kings whoever be the elder and the other Kings would be the head of the Kings as per terms of life period. This was done for the purpose of sharing equal privileges and to live in harmony among the inhabitants of the clan in the village. When the Britishers came to know the fact about the laws of first settlers they appreciated the Naga Customary Laws and did not disturbed the Naga Customary Laws.
So, declaring anyone to be the Chief /Head is inapplicable imperative as per the Naga Customary Laws. However, the British trusted in their declaration of GB. Today, neither the public nor the government authority have confidence in government appointment of GB’s Albeit, if the person is not matured enough and under age he is inappropriate to be counted as village elders and should not be appointed as GB. A GB must acts as Gaon Bura under the guide line of King and has a responsible verdicts to assist the Kings.
Kihito Chishi, Sumi
Senior citizen, Kohima
Nagaland.