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Arunachal Assembly passes AFR Bill to strengthen traditional village councils

“This is the first attempt to strengthen our customary laws and traditional village councils, and fast-track the justice delivery mechanism”

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Itanagar: The Arunachal Pradesh Legislative Assembly on Thursday passed three important Bills, including ‘The Assam Frontier (Administration of Justice) Regulation (Amendment) Bill, 2023’, following a detailed discussion.

Responding to members’ observations and suggestions, Chief Minister Pema Khandu, who moved the Assam Frontier (Administration of Justice) Regulation (Amendment) Bill 2023 on on Monday, said this is the maiden attempt by his government to modify the pre-Independence law to strengthen the traditional village councils as well as the justice delivery mechanism. The Bill seeks to amend the Assam Frontier (Administration of Justice) Regulation, 1945.

“This is the first attempt to strengthen our customary laws and traditional village councils, and fast-track the justice delivery mechanism,” Khandu said, while pointing out the ‘pressing’ need for speedy justice delivery system given the pending cases with various courts of law.

Making it clear that the proposed legislation does not have any connection with Article 371H of the Constitution which gives special powers to the Governor with regard to law and order in Arunachal Pradesh, the Chief Minister said, this amendment Bill is to safeguard the indigenous customary laws.

Acknowledging the members’ concerns over the ‘warm’ red coats being worn by GBs and HGBs all throughout the year irrespective of all seasons, Khandu said, “Warm clothing is just a matter of policy decision; no need to correlate with the Bill. GBs, on their own, gave ‘modern touch’ to their red coat, funds for which are placed under respective deputy commissioners,” he said, while adding that, this will be brought to DCs’ knowledge in days to come.

On the members’ suggestion on changing the nomenclature of Gaon Burahs, Gaon Burihs and Head GBs, giving them local names, the Chief Minister told the House that, this being a social issue will be discussed in a larger platform.

To members’ submission to incorporate the traditional ‘chieftainship’, prevailing in eastern Arunachal among the Noctes, Wanchos, Singphos, Khamtis and the Tutsas, in the proposed legislation, Khandu, also the Minister in-charge of Law, Legislative and Justice, insisted the Bill be passed in its present form, while pledging to include the same along with various other provisions in days to come.

“Article 371H of the Constitution is the special provisions in respect of the State of Arunachal Pradesh. However, in the said Article there is no constitutional safeguard for protection of age-old local traditional customary laws, ownership of land, resources and religious or social practices and administration of civil and criminal justice involving decision as per the customary laws of indigenous people of Arunachal Pradesh as is given under Article 371A to the State of Nagaland and Article 371G given to the State of Mizoram,” the Bill statement said.

The proposed legislation gives statutory safeguard to the indigenous people of Arunachal Pradesh 

for protection of age-old local traditional customary laws through the institution of ‘village authority’.

Village authority shall include members of traditional village council or inter-village territorial council or Apex Council by whatever name called as defined in clause (f) of section 2 and Head Gaon Burah, Head Gaon Buri, Gaon Burah and Gaon Buri institutions, Khandu said.

Later, the House passed the Bill by voice vote.  

The Assembly also passed ‘The Arunachal Pradesh Goods Tax (Amendment) Bill, 2023’ and ‘The Arunachal Pradesh Drinking Water Catchment Area Protection Bill, 2023’ following a brief debate.

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