Protect Nagaland’s special rights, ex-CM tells Centre

Guwahati: Former Nagaland chief minister Neiphiu Rio on Friday said that the Government of India should immediately intervene by asking the state government to listen to the wishes of the Naga society instead of enforcing any Central legislation on them.

Clarifying that Naga society is not against giving reservation to women, Mr Rio, who is camping in Kohima, told this newspaper, “The way it has been imposed has caused this unprecedented mass apprise and unrest in the Naga society.”

Asserting that Naga society was fighting to protect its constitutional rights given under the provision of Article 371-A, Mr Rio, who is also an MP, said, “There is a section which is trying to misrepresent the facts that Naga society was opposing 33 per cent reservation for women. It is not true. The Naga society is unhappy over the way the government has been trying to override the provision of Article 371A by invoking Article 243T. It is simply an attempt to touch the customary laws of the Naga society.”

Pointing out that this issue came up before the state Assembly in his tenure also, Mr Rio said, “We on September 22, 2012, had passed a resolution in the state Assembly proposing that 33 per cent reservation for women and issue of overriding the provisions of customary law should be resolved amicably.”

Informing that he has warned the state government when they decided to adopt the Central legislation in the state Assembly on November 24, 2016, the former chief minister said, “I had written letter to the state government pointing out that Naga society must be taken into confidence before enforcing any such provision on them. The Union home minister called me up today. I have given my suggestion to revoke the imposition of central legislation overriding the provision of Article 371A in the state,” Mr Rio said adding, “I met Nagaland Governor Mr P.B. Acharya also and suggested that sentiment of Naga society must be respected.”

Mr Rio, one of the senior-most politicians of the state, said, “This may have cascading impact on Naga peace-talks also. The Nagaland has given up the demand of independence from India on assurance of getting their culture, custom and tradition getting protected by the constitution. The overriding its provision through article 371 amounts to breach of agreement.”

Warning that such unwise political decision may lead to a political catastrophe and caste shadow over the ongoing peace-talks with Naga civil society also, Mr Rio said, “If given a chance, Naga civil society is capable of resolving this issue of 33 per cent reservation for women in urban local bodies amicably, but the political leadership of the state failed in taking the lead.”

Mr Rio said that there was also meeting between the civil society groups and the government in presence of Church in which government had agreed to postponed the urban local body elections for two months but subsequently government backed out and conducted the elections for Nagaland urban local body on February 1. “It has provoked the civil society the most,” he said.

Meanwhile, in a related development BJP general secretary Ram Madhab on Friday directed the BJP MLAs of Nagaland to continue their support to chief minister T R Zeliang.  In what may lead to a revolt like situation in the state BJP, sources in the Nagaland BJP said that majority of BJP leaders are in a state of confusion as most the decisions are taken centrally in New Delhi, which doesn’t suit them on the ground.

Security sources at Kohima said that situation in Kohima, Dimapur and its adjoin district headquarters was still tense. 

What is Article 371A of Indian constitution?
 The parliament of India passed the (Thirteen Amendment) Act, 1962, and inserted Article 371 (A) on the eve of the creation of the new state of Nagaland. The Amendment was necessitated to fulfill the aspiration of the people of the then Naga Hills — Tuensang Area and to facilitate the creation of the 16th State of Indian Union. The Amendment Act has come into force with effect from 1st  December, 1963, the day the state of Nagaland was inaugurated by the then Hon’ble president of Indian Republic, Dr. Radha Krishnan.

Article 371 (A) of the constitution of Indian inter-alia state as follows:-
(1) Not withstanding 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 decision 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 decides.