Aizawl, July 27: Constitutional laws versus Mizo customary laws ? the old debate was stoked again at a discussion organised by Mizoram health minister R. Tlanghmingthanga yesterday. While the Central Young Mizo Association (CYMA) argued in favour of customary laws, the Mizoram Bar Association upheld the sanctity of the law.

The CYMA, represented by its general secretary C. Zoramliana and other senior members, cited Article 371G of the Constitution as sanction to use customary laws in place of the Indian Penal Code (IPC). The article pertains to clauses dealing only with Mizoram and was included in the Constitution after an amendment following the signing of an accord between the Union government and the then underground Mizo National Front (MNF).

However, the lawyers argued that the clauses were only safeguards against any attempts by the Centre to make changes in the customary laws without the sanction of the state Assembly.

Zoramliana referred to the Mizoram Gazette where the Mizo customary laws had been notified. But the lawyers countered that it was only a notification and if customary laws broke the law, then the notification could be scrapped.

The lawyers further pointed out that mob action had never had the sanction of chiefs and therefore, could not be said to be customary laws. The lawyers hoped that since the CYMA leadership was an educated one, it would be able to discern between customary laws and customs.

?Mob action during the chieftain period in Mizo history has never been customary law and are, therefore, void. They cannot be used as a law by which a society or organisation can fight society?s evils,? Aldrin Lalrinliana, a lawyer, said. He asserted that no customary law could come above any law enacted in accordance with the Union list, state list or concurrent list of the Constitution.

The discussion, which had originally been meant for the Mizoram Journalist Association and the Mizoram Bar Association, was attended by the CYMA and some drugs inspectors on the special invitation of the minister.