James Pochury
One is not very sure if women's reservation issue could have been the major trigger, for the fierce opposition and boycott calls and the subsequent episodes leading to the cold-blooded killing by shooting of two Naga youth and destruction of public and private property in Nagaland. One feels, though, that during the later stages, other issues like taxation, land, revenue and the undercurrents related to territorial and self determination aspects (self rule rather than being ruled by alien people, institutions and systems) would have been the rallying point for massive people’s mobilisation and assertion. But one thing is sure: that the current structure and system of governance is failing the Nagas. Their aspirations and voices are crushed. We need to come to terms with it. To self-determine the kind of state structure Nagas need that is in line with Naga traditions.
The “democratically” elected Government, whose bounden duty it is to feel the pulse of its electorate, sadly appeared to care two hoots about the clear writing on the wall (the Naga Spring of sorts, minus the ugly violence) and kept asserting its purported Constitutional mandate to go ahead with the Municipal and Town Council elections. Power, it is said indeed, is about Who decides what, when, where and how. Power to execute the Municipal Act of 2001, which is now called the Nagaland Municipal (Third Amendment) Act 2016, legislated by, as some call it the “Indian puppet” Nagaland State Assembly.
Here is the crucial missing link, though, and unless this is addressed squarely and sooner than later, Nagas will invariably continue to assert their rights for justice and oppose perceived or real moves or acts of injustice, inequity and inequality.
In the current format, that is failing the Nagas, we know for a fact that ULB is a law. Any future governments will have to implement it, particularly when money is tied to it – hardly matters if Nagas’ short and long term interests are respected, protected and promoted. But sadly, going by the past rhetoric and the depressing state of affairs, there is but only dishonesty, public apathy and dependence on duty bearers and Govt. doles and handouts to live with. Could we afford to live the way we have in an ailing “State”, with systemic failure of governance on all fronts?
If the following statement is not rhetoric, what is? The Legal Cell of NPF on January 22, 2017 in Morung Express stated that, “there are rumours being spread that anything and everything will be taxed once municipal and town council election is allowed to be held. This is totally misleading and contradictory to what is actually happening on the ground”. Now look at the rhetorical cat that is out of the bag...as it further stated that, “the role of ULBs will be crucial and mandatory with the Smart City in the offing”. Far from it! The role of ULBs will be drastically, if not completely, annihilated.
Under Smart City project, the elite Nagaland state bureaucrats and the multinational corporate representatives would rule the roost, sidelining the elected ULBs. A Special Purpose Vehicle (SPV) would be created and registered as a Company. There will be two conditionalities that would be legally binding. 1. The SPV will have 50% of the seats represented by members of Multinational Companies (invariably with little to no level playing field for Naga entrepreneurs and companies) and, 2. That the state has to give it in writing and sign on the dotted lines that the democratically elected Municipal and Town Council members would have to abide by the decisions of the SPV. In such a scenario, how has the Legal Cell of NPF envisioned a “crucial” and “mandatory” role for ULBs? The SPV will run roughshod as has been the case in Bangalore but thanks to social movements that thwarted Karnataka Government’s experiment to privatise water by bringing in the concept of Greater Bangalore (that included Bangalore city and eight urban local bodies).
The decision-making and implementation of works under the smart city project will be done by a SPV. “As per the provisions of the project, councillors will have to transfer their constitutional rights of making decisions to the SPV. The SPV, which is unaccountable to the people, has been allowed to usurp the powers of the local government (ULB),” said Kshithij Urs, the Co-Convenor of the Forum for Urban Governance and Commons. http://www.thehindu.com/news/cities/bangalore/%E2%80%98Smart-city-project-threat-to-democracy%E2%80%99/article14399871.ece
As of today, legally, all the Constitutional provisions should be read with Article 371-A. Therefore, the Constitutional provisions of the formation of Government of Nagaland, i.e., the Nagaland Legislative Assembly itself have to be reframed so that it is modified as per Naga ethos. The moot question is what kind of state structure do Nagas want that is in line with Naga traditions? Traditional bodies (Hohos and youth organisations) are citing apprehensions that the relevant Municipal Act and CM’s remark that ULB election is a “Constitutional Obligation” would infringe on 371-A (contentious issues like land, taxation, revenue and women as administrators).
The missing link that has to be addressed is that all the provisions in the Constitution should be followed in such a manner that it fulfils or is compatible with 371-A. Otherwise; we will continue to have a representative democracy (accountability rituals limited to election cycles) that does not have any link with the traditional structures of governance. A situation marked by neither the elected nor the electors listening to each other. One can imagine the scene of loot and plunder, of land alienation and diversion, when Smart City project comes.
The irony is that even our tribal councils that are supposed to be organically representing their respective tribes down to the Khel and Clan levels are today not “traditional bodies” in the strictest sense of the term. The elected Hoho/Council leaders are in many instances backed by electoral party politics. This has to change, urgently.
Hereditary bodies, on the other hand, in the case of most, if not all Naga areas in Manipur, have Govt. recognised Village Authorities that are to a large extent organically linked to the village adults of every village household. It is another matter that in Manipur, Nagas are fighting a far repressive, divisive and communal regime.
In solidarity with action, a common Pan-Naga fight for survival and dignity is the need of the hour. Nothing magnificent comes without struggle and sacrifice. May the events unfolding in Nagaland be the sacrificial seed in the watershed moment of Naga history to turn the tide in its favour. Feel the winds of change.
