LAWS(GAU)-1988-5-11

SMTI DORE SANGMA AND ORS. Vs. THE CHIEF EXECUTIVE MEMBER, GARO HILLS DISTRICT COUNCIL & ORS

Decided On May 17, 1988
Smti Dore Sangma And Ors. Appellant
V/S
The Chief Executive Member, Garo Hills District Council And Ors Respondents

JUDGEMENT

(1.) In this batch of cases, common, questions of law are involved. A common judgment is therefore being passed on the question of law. One of the questions relate to the validity and effect of section 11 of the Garo Hills Autonomous District (Social Customs and Usages) Validating Act, 1958, hereinafter the Act, which was inserted by the Garo Autonomous District (Social Customs and Usages) Validating (Amendment) Act, 1972. Sec. 11, whose validity has been assailed in some of these petitions reads follows:-

(2.) To appreciate the later submission, we have note certain provisions of the Act, which was enacted in 1959 to remove doubts which had arisen as to the legal force of the social customs and usages prevails in the District of Garo Hills. The Act was, thereafter anacted to validate those social customs and usages which were not against morality or public policy. Sections 7, 8 and 9 are the relevant provisions of the Act which need be noted. They read as below:-

(3.) To appreciate the rival contentions advanced, it would be appropriate to first acquaint ourselves as to the meaning and significance of the word "Nokma" and "Akhing". The word "Nokma" has been defined in section 4 (8) of the Act as "head of a clan or machong who holds any land as custodian on behalf of a clan or machong." The word "Akhing" has been defined in the Garo Hills District (Jhum) Regulation, 1954, in its section 2 (1) as below:-