X Chophika Sumi
The State of Nagaland came into existence not just by chance. Nor was it carved out of Assam for administrative convenience. In fact, it was bought by the blood and sheer sacrifice of our ancestors. The 16 Point Agreement and subsequently the Nagaland State Act, 1962 are the basis on which the State of Nagaland was formed. Though, the patriotic Naga leaders who gave their all to see an independent Nagaland might consider it as a treacherous act, but perhaps, this was the best thing to do considering the Political-Social problem that was prevalent at that point of time and as such, we should honor the wise decision made by the leaders of the yore.
Article 371 A, which was incorporated in the Indian constitution through the 13th Amendment Act guarantees special status to the Nagas of Nagaland in four Primary areas. In order to save space and time, it would be better not to delve into the nitty-gritty of Article 371 A. However, as Sir Ivor Jennings called the Indian Constitution “Paradise of Lawyers”, the Constitution of India considering its vastness could be interpreted by different people in so many different ways. Therefore, we need to be cautious while dealing with sensitive issues vis-à-vis Article 371 A which is considered as a boon for us.
The recent imbroglio with regard to the ULB polls and the impasse between the State Government and the Tribal Hohos could have been averted had the State Government decided to hold proper consultations with the stakeholders before deciding to proceed with the elections. In any civilized society, especially in a democracy, any misunderstanding could be amicably solved between the contending parties through discourse and the same could have applied in our case. But what more could be expected of an ignorant Government, which held its Assembly for just 15 Minutes! The Nagaland Municipal Act (Third Amendment) 2016, which is formulated in line with ‘The Municipalities’ (Article 243 P-Z G) under Part IX-A (74th Amendment) of the Indian Constitution does not explicitly state that it shall not apply to the State of Nagaland unlike the ‘The Panchayat’ under Part IX of the Indian Constitution which clearly states in Article 243 M 2 (a) that “nothing in this part shall apply to the States of Nagaland, Meghalaya, and Mizoram”.
However, given the power under Article 371 A, which reads as notwithstanding anything in this Constitution, — (a) no Act of Parliament in respect of (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides. It clearly states that the 60 Legislative members of the NLA have been endowed with special power. It is thus, the prerogative of the NLA to decide whether any Act of Parliament shall apply in Nagaland or not. Now, coming to the question on whether Article 243 T of the Indian constitution with regard to Women Reservation infringes with the Article 371 (A) or not. Let us have a closer study of Article 371 A. The Tribal Hohos have been advocating that 33% reservation for Women infringes with the customary laws of the Nagas.
However, one aspect that needs due consideration is regarding the Article 371 A 1 (a) i) which reads as “religious or social practices of the Nagas”. Here, the “Social Practices” of the Nagas may be put forth for discourse. The term “Social Practices” may subject to varying interpretations. Oxford dictionary defines ‘Social’ as “Having to do with society and its organization”. The term Practice can be defined as “the usual way of doing something” or “to do something regularly as part of one’s normal behavior” or “follow the teaching and rules of (a religion)”. The question of 33% Women Reservation comes into play here because it is contrary to our practices. Although our society is patriarchal, the womenfolk are neither discriminated nor subjugated. In fact, they have always had a fair share when compared with the mainland women. Reservation only implies that they are not treated on equal footing with the menfolk which is not true in our Naga context. But it is also a fact that not a single woman had been represented in the NLA, not even once, although they have made considerable progress in other spheres. The only iconic figure of Naga Women in politics was Rano M Shaiza who represented the State in the Lok Sabha in 1977. Other than that, there is no mention of any Naga Women in the field of Politics. Since the issue is about the upliftment of our women in Politics, it is time we reconsider this issue. Women should be given chance in politics based on ‘Equity’ and not ‘Equality’. The 33 % Women reservation although implemented in its present form would benefit only a handful who have connections with the higher echelon of society. A serious consultation comprising of the Govt., Hohos, Mothers associations and intellectuals should be held at the earliest without compromising Article 371A.
Now, there are also some proponents of 33 % Women Reservation who are of the view that the very institution of democracy or the government and its institutions are not in accordance with our customary laws or for that matter even Christianity is not the actual practice of the Nagas and as such should be discarded. But, the very fact, that we gave ourselves to the Indian Constitution through the Nagaland State Act, 1962 (13th Amendment) which is also not in accordance with the customs and traditions of the Nagas is a clear indication that Customary laws and any tradition and customs of the Nagas can be subject to change in order to keep pace with the changing world. The customary laws can be amended by our legislators after due consultations with the stakeholders without distorting the rich heritage of the Nagas. However, the step taken by the Naga Mothers Association by filing a writ petition and furthermore SLP in the Supreme Court was a grave mistake. It only tantamount to digging our own grave. Did the NMA even think what implications it would have on Article 371 A? Did they not know that the verdict given by the Supreme Court would definitely be in consonance with the Supremacy of the Constitution of India? Or they were of the belief that they would eventually triumph? If they thought of the latter, either they were misguided or they were blinded by the quest for power because the way in which the present Municipal election would have held. It would have benefitted only the fortunate few. It is also surprising to note that the Cabinet had decided to seek the Prime Minister’s intervention to exempt Nagaland from the Part IX-A of the Indian constitution. This is an absurdity in its purest form. This construes that we ourselves are undermining the Power of Article 371 A. It is in the knowledge of every Naga that the State Machinery has miserably failed to carry out its bounden responsibilities. The Fuel adulteration scam, the Food & Civil supplies scam are some of the glaring examples where the present Government made a fool of its electors but a substantial proof was needed and this time they have left no room to show that they no longer represent the aspirations of the people and as such they should step down without further delay.
The death of the two young souls in this ensuing conflict was very unfortunate and should not be in vain. This issue although marred with controversies has surely opened the eyes of many Nagas. It has brought together all the Nagas which has long been fragmented by tribalism. The Nagas have finally come to the point of realization that there is indeed ‘Strength in Unity’. Perhaps, it is time we realize that the custodians of the sacred Article 371 A should be upright and true leaders. That they do not just become ministers and MLAs but are elected by us. At the end of the day, it all comes back to square one. Would we choose money or principle?
While we are arguing over the issue of women reservation in the ULB election, Tamil Nadu is all set to elect VK Sasikala, the Party’s General Secretary as the next Chief Minister in the next few days. Shouldn’t this be an eye-opener to us!
