Dimapur, December 15 (MExN): The misinterpretation of customary laws and translation of it at whim are one of the chief reasons Naga women have been brought to subordination in modern times, discussions during a recent seminar in Kohima widely agrees.
The seminar was organized by the North East Network (NEN) and held at Hotel Orchid in Kohima. The seminar was themed “Women’s Representation in decision making process in Nagaland” was sponsored by the National Commission for Women.
Advisor to the Naga Mother’s Association Rosemary Dzuvichu presented an overarching framework of the reservation issue and how the struggle was won after many hardships and impediments. She had argued that the perception that Naga women are more empowered compared to women of mainstream India is a myth and has acted as a shield in preventing attention being drawn to their problems. They do not own property rights, hold no stake in land and are marginalized in the decision making process. Women’s health and education are in bad shape and government schemes like the Janani Suraksha Yojana (JSY) are inadequate in dealing with the peculiar nature of women’s problems. Most often, severe crimes like rape are trivialized by resorting to customary laws. Thus, it is very important that Naga women wake up from their slumber and demand equality with men.
Member of Planning Commission Dr. Syeda Hameed, was vocal in highlighting that every issue is peculiar and has its own requirements which must be addressed differently. Gender equality is no exception and requires a collaborative effort from both men and women. Men must not think that the reservation issue is a women’s issue and does not concern them, she said. She also stressed that Nagaland has not had one woman legislator in so many years. Since it is customary laws that are at stake, the issue is contentious and must be handled with utmost sensitivity.
Monalisa Changkija, Editor and Publisher of Nagaland Page, argued that it is misinterpretation of customary laws that has acted as a key instrument in the subordination of women in modern times. Although Panchayati Raj Institutions under the 73rd Amendment are not implemented in Nagaland, in their place, the Nagaland State Assembly has enacted several Nagaland Village Empowering Laws such as the Nagaland Village Councils Act, 1978, The Nagaland Village Councils Rules, 1979, The Village Development Boards Model Rules, 1980, the Nagaland Communitization of Public Institutions and Services Act, 2002, etc., for the purpose of administrations and development and these laws and rules do not specify the exclusion of women from village councils. She also highlighted that all village councils under these Village Empowering Laws are co-opted as integral part of the state’s governance and are funded by the Government hence women cannot be excluded from actively participating in these village councils. Traditional village councils do not receive government funding.
Lawyer and Human rights activist Vrinda Grover opined that it is a daunting task to comprehend the complexities of the contradiction between customary and constitutional laws. According to Article 13 of the Indian Constitution, anything inconsistent with the fundamental rights will not be applicable like customary laws. However, under Article 371(A), Nagaland’s customary laws cannot be challenged. Thus, Naga women get entrapped in a vicious circle of patriarchal interests and law becomes a cog in the wheel.
Dr. Monisha Behal, chairperson of the network, stressing that in order to successfully implement the 33% reservation of women in Nagaland, it is very important for the media, civil society and government to “come together.” She also said that the time is ripe for Naga women to bring about positive social change.
While the day was marked by heated discussions and pertinent questions were raised by many participants, it was recognized that women are both the biggest support as well as the biggest obstacle in their development. It is thus necessary to unite Naga women across borders and move on from this position. We must remember that nothing has ever come free for women and nor will it ever. So the battle has just begun.
