Nagaland consultative meet calls for balancing child protection laws with Naga customary practices

Nagaland Social Welfare Secretary Liawabang Jamir on Tuesday, May 19, stressed the need to implement child protection and adoption laws in a manner that remains legally robust while respecting Naga customary practices and traditional systems of care.

Speaking at the State Consultative Meet on the Juvenile Justice (Care and Protection of Children) Act, 2015, the Juvenile Justice Model Rules, 2016, and Adoption Regulations, 2022 in Kohima, Jamir said the framework must be “legally airtight, yet distinctively Naga”.

The consultation was organised by Mission Vatsalya under the Department of Social Welfare and attended by Child Welfare Committees, Juvenile Justice Boards, Child Care Institutions run by government and NGOs, police officials, district administrations, health officials, media representatives and members of the Nagaland State Commission for Protection of Child Rights.

Jamir said that while the Juvenile Justice Act and Adoption Regulations provide a progressive legal framework, their effectiveness in Nagaland would depend on how well they adapt to the state’s unique realities, including customary laws, community-based governance systems and geographical challenges.

He pointed out that the formal legal structure assumes digital connectivity, standardised policing systems and institutional care mechanisms, whereas many remote areas of Nagaland continue to face deep digital divides and rely heavily on customary adoption practices rooted in clan and village traditions.

“What makes Nagaland unique within the Indian Union is the constitutional recognition granted under Article 371A, which safeguards Naga customary laws, social practices and traditional institutions,” he said.

Jamir noted that families, clans, village councils, churches and tribal institutions have historically played a major role in protecting vulnerable children in Naga society. However, he cautioned that informal customary adoptions often leave children legally vulnerable in matters concerning identity, inheritance, education and welfare entitlements.

“Our task is not to dilute the law, nor to disregard our customs, but to implement these provisions in a manner that is practical, culturally sensitive and responsive to the realities of Nagaland,” he said.

Calling for stronger coordination among departments and institutions, Jamir urged the Social Welfare Department, judiciary, police, medical fraternity, district administrations and tribal bodies to work together to bridge the gap between statutory mandates and ground realities.

Director of Social Welfare Tosheli Zhimomi said the consultation aimed to strengthen child protection systems and improve interdepartmental coordination.

Senior Consultant at the Ministry of Women and Child Development, Junaid Ul Islam, said Nagaland was the first state to initiate consultations on proposed amendments to the Juvenile Justice Act and related regulations.

He said the Centre was seeking suggestions from states to make the child protection and adoption framework more effective and responsive.