Z. Lohe
God’s creation of the relationship between the child in the womb and the mother is the umbilical cord. By this single umbilical cord the child is fed, survives and born alive. Similarly, Nagaland was born of Art 371(A) to be part of the Union of India 54 years ago. So long as this umbilical cord remains intact, Nagaland survives in the womb of mother India. The moment Art 371(A), the umbilical cord, is snapped Nagaland may not necessarily remain in India’s womb. Are there Naga leaders in authority today do understand this constitutional reality? Are the elected representatives valuing the importance of the Article or contemplating to mortgage it for few crores of rupees?
The Special Leave Petition (SLP) of Naga Mothers’ Association (NMA) on 33% women reservation in ULB is found detrimental to Art 371(A). It is best known to NMA as to whether option was unavailable for them to seek for percentage reservation without infringing on any provisions under Art 371(A). At page 84 of SLP “The applicability of Part 1XA Override Article 371A” is found with supporting points of argument beginning from serial A to M for reservation. To keep this self-infringing document valid in the Supreme Court of India will become the basis for future reference against the special provisions in Art 371(A), as I believe. The petitioner attempted to withdraw the SLP and yet the language used in the petition is reportedly unsuitable for the Supreme Court to grant as seen at serial ‘d’ “Now due to circumstances completely beyond our control we regret to inform this Hon’ble Court that we are unable to proceed.........and hereby withdraw the Civil Appeal: 3607 of 2016 and the Writ Petition No.242 of 2014 from this Hon’ble Court”. The NPF and NMA have claimed that the SLP has been withdrawn as seen in local papers. The other version is that because of the defective withdrawal petition, the SLP is still with the court. Better be honest in the interest of the people of the State.
Let me presume that the mother of Osama bin laden died before her son was killed by Seals. This son Osama lived to create much devastation to humanity. The JACWR is dead now but the child SLP born by her has brought immense misery to Nagaland. Had there not been sacrifices of life, of property and inhuman atrocities inflicted on the Nagas by India, there would never had been Art 371(A) which makes Nagaland semi-Independence. A lot can be said even by a layman like myself on this, but in brief we cannot afford to mortgage this Article for 33% reservation for our women. In fact, if the Article is emasculated what Naga women do with 33%.
Being layman, I do not buy the contention of DAN that in order to thwart the Supreme Court passing judgment on the said SLP, ULB elections had to be held so as to save Art 371(A) from being infringed by the court. When 33% reservation is provided by the Municipal and Town Council Act considered to be detrimental to Art 371(A), how the application of the Act prior to Court’s judgement will ensure the insulation of our special provision?
Secondly, others might not have doubt, but I am still doubting as to whether the nullification order issued for ULB is reliable as promised by DAN or the order contains more of oblique and twistable usages as published by Nagaland Post on 10.2.2017 was not as lucid as Morung Express on the same date. Having declared to the public that the ULB elections are now nullified by Govt., the official order to that effect should have been issued by competent authority by now and copies be served to JCC/NTAC for their satisfaction. If the Govt. continues to fumble with a simple task, it gives room for onlookers to speculate that there is dispute between DAN and NPF on the issue that the former is for and the latter is against or vice versa by which the issuance is dilly dallying.
While the people of Nagaland are unitedly fighting with DAN Govt. for its failure to protect Art 371(A), and in the process lives were lost, assets destroyed and deep wound of divisions being created amongst us, personal interests of unscrupulous few creped in to paint the movement of the people politically oriented. I question, when there had been opportunities prior to the present impasse and more opportunities will come later, why those four NPF MLAs brought the cases of MP N. Rio and Imkong Imchen, MLA for revocation of their suspension orders coinciding with JCC/NTAC movement? Also, while Nagaland is burning where each individual is adversely affected by agitations for days together, where lives and properties were lost, where JCC/NTAC/CNTC leaders and volunteers have been sacrificing, where the special provision of Art 371(A) is facing peril in the hand of our own people and its retrieve is most imperative, and while the services of elderly and prominent leaders like the four former MPs are required to find amicable solution to the impasse, how can one imagine their mindset of placing the patch up within NPF above protection of Art 371(A) and the sufferings of the people is simply pathetic. The worst adverse impact of their pleas with NPF leadership for Rio and Imkong at this very moment is denting on the genuineness of peoples’ movement and projecting the revocation of their suspensions as though the panacea. The attempts of these leaders taking undue advantage on the movement of JCC/NTAC is senseless and too selfish. What do they gain if the movement is modified to be the trailer of their political vehicle thereby the principle agenda get diluted without answers? These leaders have given cane sticks to NPF to bamboo the mass movement though it has no parochial agenda definitely. Their actions do justify that their sycophancy overtook them.
Whatever said and done, even when people managed to unseat CM TR Zeliang from his chair, even after a new ministry is installed under another leader, even when suspended animation comes or when the House is ultimately dissolved for Governor’s rule, all the sacrifices made by our people will come to nought lest the followings are achieved.
1. Let there be an emergency Nagaland Assembly Session in which the House resolves to withdraw the Act of Municipal and Town Council.
2. Let the Petitioners, NMA, withdraw the SLP immediately.
3. Let the competent authority, i.e., the State Election Commission issue the nullification order for ULB elections without delay.
4. Let the State Govt. constitute a law Commission or Committee comprising of competent Naga lawyers with limited representatives from spearheading committees of the movement which will go to examine the pros and cons of the Act of Municipal and Town Councils in consonance with Art 371(A).
The above are placed for thought provoking.
