Mapu Jamir I.A.S. (Retd.)
A.Z. Phizo is no more. But Phizo-ism remains in the heart and soul of the Nagas. We shall not see his likes again. For Nagas, his huge role in Naga history is a source of legitimate pride. For Nagas, since time immemorial, the land and its resources and their culture are their life. They protected their lands and customs tooth and nail against all external forces and remain fiercely independent throughout known history. British encroachment into Naga territories in the 19th century was purely a cosmetic one. They simply allowed the Nagas to continue their primitive life. Phizo stood for the rights of the Nagas over their land and its resources and stood for a separate Naga nation. In course of time the Nagas faltered, blundered and broke into groups and factions each claiming to be the rightful heir to the ideology and dream of Phizo. Today, things and challenges are different. We are generating formidable turmoil over our own nationalism. Today, even the charisma of Phizo, even if it could be reproduced, would not suffice to tackle them.
Nagas have endured the worst military atrocities of the century inflicted upon them. Many lived long enough to witness how simple Nagas were brilliantly exploited by mainland politicians. Nagas could not counter them for lack of moral and spiritual forms of power that could have acted against political tyranny. In the early fifties, Naga inhabited territories were mercilessly dissected and a large junk of territory was handed over to Burma and the area that fall within India was further bifurcated between Assam, Manipur and the then NEFA. Realising the gravity of the situation and to prevent further disintegration and damage to the ethnic Nagas, a reasonable section of the Nagas undertook a moderate path of nationalism. But the NNC under Phizo was not going to accept anything short of a separate Naga Nation.
Despite resistance, moderate Nagas appropriated a separate State called Nagaland from the Republic of India under Article 3 of the Indian Constitution. Yet they did not forget certain elements of Naga nationalism for which the Nagas fought for under NNC – the land and its resources, customs, tradition and taxation. These were incorporated in the Constitution by Indian Parliament without opposition. These became a unique provision under Article 371A of the Indian Constitution. These give respect and identity to the Nagas of Nagaland. Government of India was willing to give anything except sovereignty. This resembled almost a semi sovereign state within the Union of India. Today, Nagaland is alive under the protection of this autonomy. We should not squander away this precious protection otherwise these Naga inhabited areas maybe torn to pieces by land sharks.
Presently, the confrontation is between the Article 371A and the Article 243T of the Indian Constitution and their application over the state of Nagaland. Article 371A is specific to the state of Nagaland. Briefly stated: Notwithstanding anything in this Constitution – (a) no act of Parliament in respect of (1) religious and social practices of the Nagas, (2) Naga customary law and procedure (3) administration of civil and criminal justice involving Naga customary law (4) ownership and transfer of land and its resources shall apply to the state of Nagaland unless the Legislative Assembly of Nagaland so decides. Simultaneously, a separate Act – State of Nagaland Act 1962 based on Article 3 of the Constitution was passed.
Part IX–A comprising Articles 243P – 243ZG relates to constitution of Municipalities in the States of India. This has been INSERT IGNOREed by the Constitution (7th Amendment) Act 1992 and was implemented w.e.f. 1-6-1993. Article 243T (1) is specific to reservation of seats for SC/ST/OBC and women. Article 243T (2) states that not less than 1/3 of the total number of seats reserved under Clause (1) shall be reserved for women belonging to SC/ST. Article 243T (3) states that not less than 1/3 (including the number of seats to be reserved for women belonging to SC/ST) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such maybe allotted by rotation to different constituencies in a Municipality. Article 243T (4) states that offices of chairpersons in the Municipality shall be reserved for SC/ST and women in such manner as the Legislature of the State may, by law, provide. Rules provide that only those SC/ST women elected from the reserved seat shall be entitled to the office of Chairperson and not the SC/ST women elected from non reserved seat.
Now the points for determination are: (1) whether the provision contained in Article 371A overshadow that of Article 243T, (2) whether Article 243T override and infringes into Article 371A, (3) whether the entire geographical area of Nagaland comes under the provision of Article 371A, (4) is there any excluded area in Nagaland outside the purview of Article 371A, (5) how to implement Article 243T along with Article 371A in a unique state like Nagaland, (6) can Nagaland Municipal Act be moulded as per spirit and principle of Article 371A, (7) can Article 243T, being a general provision for all States in India, be applied over a State created with special provision under Article 371A, (8) can women be given reservation or free run over all the seats at par with male members. It is to be noted that reservation means positive discrimination.
These are some of the areas, there may be many more, needs careful examinations by scholars, experts on Constitutional law, eminent jurists and the custodian of Naga customary law and practices and arrive at an implementable solution. Let us avoid confrontation right now. Many critical issues and even mission impossible will be possible for an amicable settlement if everyone has clean and sound mind.
Let us follow the highest Christian ideals: “God’s strength is made perfect in our weakness.” This may sound repulsive in the lips of persons who are materially and physically secure. Let us remind ourselves that fear breeds insecurity and this coupled with arrogance leads to violent methods of operation. This blurs the reasoning power among us humans. Extremists are willing “to cast the first stone.” Shedding innocent blood does not solve problems nor is the answer to achieving political goals or personal ambitions. But keeping the general public at the receiving end for long can be harmful. Do not think that Nagas are immune to sufferings. Beware of third party back lash.
We have suffered enough under military suppression, still suffering under the Armed Forces Special Power Act, Modi’s demonetisation and now the continuous local bandh. Let peace prevail to sort out our differences by invoking the best spirit of Naga customs and traditions. Let all mothers, fathers, young and old, the silent and passivity of the large majority of people and prayer warriors join hands in prayer to Almighty God seeking wisdom. The Church too should carry the Cross of Christ and keep watch over His Flocks.
