The Animistic Practices: Cradle of Ao Naga Customary Law

Abstract

The Primary Courts and village elders in the state of Nagaland adjudicate disputes by application of customary laws. Animistic based customs and usages that have been in practice since time immemorial are often used in settlement of disputes by invoking providence. This paper endeavors to study the sagacity of a few frequently used animistic practices and usages in the administration of justice as the cradle of Ao Naga customary law. The paper further examines their legal rationality with the help of natural law theory and concludes with the ius positum special provision under the Constitution of India.