By James Pochury
Sometimes, during passionate and heart rending TV debates by animal rights activists, in the backdrop of Jalikattu, I used to momentarily feel a sense of indignity…reflecting how some sections might be considering Naga people’s ways of fulfilling their culinary tastes and habits. Just then, I would breathe a sigh of relief recalling how some of these well intentioned but blinkered activists could very well be part of a hegemonic brahminical upper class mindset, and deeply Casteiest and looking down upon the poor in their own spaces and relationships. This irony is manifested in the way Dalits and adivasis continue to be treated as untouchables and primitive committing and unmoved by heinous atrocities on them, dispossessing and alienating them from their ancestral domains and habitats, despite far reaching legislations and fundamental rights guaranteed in the Constitution. One shudders at such glaring double standard and hypocrisy of differential treatment.
Article 371 A (which states that the Indian parliament cannot make laws without the permission of Nagaland legislature), whatever be its flaws and constraints, indeed is the only legal link that binds India and the Nagas in the Indian “puppet” state of Nagaland in a position of power. The Article is itself on a shaky ground and not sacrosanct because Clause b of 371A gives the Governor of Nagaland exceptional and unquestionable powers, thereby declaring at his whims any areas of Nagaland as Disturbed Area, followed by AFSPA. There are also forces at play to bring in a Uniform Civil Code across India. Such an environment cannot be conducive for Nagas to express and exercise their right to self determination and democratic freedom. More than 80 years of forced occupation of Naga areas coupled with utter failure of governance on all fronts, continue to take a toll on the Nagas. But the emerging hope is that political consciousness around resource politics seems to be growing. As is evident in sporadic but violent resistance episodes; ACAUT resistance could be one such and the latest being the opposition to ULB elections that is perceived to be infringing on 371A or has the potential to open the floodgates for other Constitutional provisions and Acts to apply to Nagaland.
The issue is much larger than “contested traditions” and gender justice. It is necessary to understand, see and address the present conflict not as merely a battle against 33% reservation for women in the urban bodies but much bigger, between Naga patriarchy and Naga women on the one hand (which is internal to the Nagas), and between the Indian State and the Naga ethos, values, traditions and customs; manifested by the imposition of governance structure antithetical and antagonistic to Naga existence. Since we have in our Naga collective consciousness the notion that Nagas are equal, therefore our women have every right to seek to put that notion or principle into practice.
And this struggle, for a truly egalitarian Naga society, both, men and women, boys and girls have to work together as partners and not at loggerheads or as one superior over the other. The struggle has only taken an ugly turn that needs to be salvaged to mend broken bridges and breach the high walls of antagonism. The patriarchal basis of Naga society cannot be changed merely by legislations or representation.
Egyptian novelist Ms. Ahdaf Soueif in her “Culture and Meaning” (in Trans National Institute, tni) shares her experience of the Arab Spring, that “Culture” is often regarded – and may be presented by political and religious authorities – as being both homogeneous and static, yet we know that there are always fault lines and voices that don’t get a hearing or are suppressed. We also know that well-intentioned external efforts to address harmful or gender-restrictive traditional practices can have the effect of further entrenching them. How, then, can changes happen and be sustained?”
Soueif says that change happens organically within each community/culture group. The change is for the better – in other words towards more freedom, openness, transparency, etc – when people are confident and not defensive. ‘Outside’ intervention should only ever be at the request and according to the demands and guidelines of trusted and authentic ‘inside’ groups. So a feminist group from, say, Somalia, wanting to work on feminist issues in Norway, would only do so in partnership with credible, rooted Norwegian groups and within their programme”.
It is not only a question of priorities but we need to be much more nuanced and strategic in the way women’s emancipation is sought to be achieved. Because if the issue takes a “men versus women” stance then whatever could be achieved internally and organically, however uphill a task, would get even harder, if not impossible. Therefore, a women-led common struggle is critical to take the Naga men and boys along. To begin with, by recognising the fact that Neoliberal “Reform” agenda (benefitting crony capitalists) is sparing no one as it continues to overpower and surpass democratic institutions and elected local bodies. It is targeting resource-rich tribal lands in Central and Northeast of India and developing nations of the global South. Unprecedented land grabbing and land alienation is happening in the name of Reforms to push Special Economic Zones (SEZs) and Smart Cities. Existing laws are being amended or surpassed by “Reform” policies and programmes, like Act East Policy. Smart City project will deploy a Special Purpose Vehicle (SPV) to kill democracy. Elected town and municipal bodies will be overpowered by 50% representatives of multinational companies mandated in the SPV. Naga entrepreneurs and companies will not have the level playing field to compete with the multinationals.
The priority and clear goal therefore for us ought to be to ensure that democracy is not hijacked by capital with elected bodies becoming the sanctifying bodies for the exploitation of our land, its resources, its people and its humanity.
The Uncontested Facts
- There is no denial that Naga society is patriarchal in its customs vis-a-vis women in the social, political and economic structure. This itself is otherwise antithetical and against the Naga ethos and values of equality, equity, dignity and justice. This needs to be rectified in everyday life of Naga women and Naga society, including in the social, economic and political sphere, especially in the arena of political power at the village and the traditional institutions, including the tribes Hoho. The demand for equal rights to women falls very well within the Naga ethos of justice.
- What was the reason for the 73rd Amendment to state: “243M. Part not to apply to certain areas.-(2) Nothing in this Part shall apply to – (a) the States of Nagaland, Meghalaya and Mizoram”. Is it not to comply with Art.371 A of the Constitution regarding the special provisions? If so, then it implies that this is in recognition of the fact that the subject matter of governance of Nagas fall squarely within the ambit of 371A.
- Article 371 (A) (1) (a) applies to the whole of Nagaland; the urban areas of Nagaland is not exempted from its application. Therefore, any part of Nagaland that is deemed to be urban is not exempt from the purview of Article 371 A. It is to be noted that the Scheduled Areas and Tribal Areas of Clause 1 and 2 of Article 244 are exempted from 73rd Amendment [243ZC (1)] and 74th amendments [243M (1)]. However, such is not the case for the urban areas of Nagaland in the 74th Amendment. It is being argued that the urban bodies as provided for in Nagaland Municipal Act 2016 in accordance with 74th Amendment are not Naga customary institutions which IS true and precisely the point. Ideally, 74th Amendment should have exempted Nagaland from its application; the Nagaland Assembly should have then formulated governance system and structure in the urban areas based on the Naga traditional values and principles in a similar manner as applied in governing villages. Of course, in this equal rights to women should be ensured.
- It is also a historical and legal fact that governance and the structure of government at the State level are not evolved from the Naga traditions, customs, values and principles. There is obviously disharmony between the State government and the Naga Hohos as they are not organically evolved or structurally linked. Of late, these two are on a collision course.
- All these above should be seen within the background of the Naga political history where the political conflict between the Nagas and Government of India has simmered for well over six decades and still awaits a complete political settlement.
- The fundamental difference in the structures and content of governance between the modern state and Naga traditions lie precisely in the fact that the modern state is fashioned to govern a people and the material resource (land and natural wealth) of the State while for the Nagas, the people belong to the land, and the natural resources are the collective responsibility of the people.
- The Naga governance is collective self governance based on participatory democracy (albeit it is skewed in favour of men) while the modern India state governance is based on the government governing the people through the use of representative democracy.
