The remark made by one of the legislatures during he central executive committee meeting of the ruling Naga Peoples Front party almost turned into another drama between the lawmaker and the a Mokokchung based youth organisation. The supposed allegations by the minister of the high handedness by these unrecognised organisations, though is clarified now by the minister raises another big question. One that asks the difference between recognised and unrecognised organisation in the state.
As previously mentioned in this column, Nagaland is full of organisations either unions or associations starting right from the village level in the form of a clan or a sub-clan as the smallest unit to the apex Naga unions and associations. The Right to form associations and unions is a fundamental right that Article 19 (1) (C) of the Constitution of India guarantees to all the citizens with a condition in Article 19 (4) that the said clause shall not affect the operation of any existing law or prevent the State from making any law to be imposed in the interests of the sovereignty and integrity of India or public order or morality, and imposing reasonable restrictions on the exercise of the right.
From the outside, the unions and associations in Nagaland are no doubt an exercise of one’s right as guaranteed by the constitution of India. However, in Nagaland almost all the associations and unions are actually an extension of the tribal setup with one’s citizenship in the Naga context still intact in one’s village though residing elsewhere and this further effects how one associates with. These associations and unions are unlike the ones related to one’s professions like the trade guilds/unions and it also differs from the other non-profit societies and trusts. The associations and unions in the country have registering authorities that are mandated by the respective Acts of law and its members are bound by respective rules and regulations in the functioning of the organisation. There are also other art and cultural associations that focuses more on the preservation of one’s tradition and culture .
However the unique feature of most of the tribal linked unions, rarely associations, in Nagaland have an unwritten arbitrary power over its members either in the name of the clan, village or tribe. In the village level it may be overlooked by convention since Nagaland has Article 371(A) that empowers the state to apply traditional and customary practices in judiciary, social and religion that is somehow again implied by the presence village councils that are statutory bodies under the Nagaland village councils Act of 1978. The amendment of the Village Councils Act in 2009 extends and gives legal right to the apex bodies like Naga Hoho, ENPO, NMA, NSF and the apex tribal bodies of each tribe. It now has provisions to register these bodies under a department in the government and also to receive financial grants from the government. As it suggests it has almost become a semi-governmental body with powers which left unchecked will undermine rights of its members. Similarly the other tribal bodies, mostly unregistered also enjoy such arbitrary powers to some extend but here are no such provisions under any existing law in the state for such unions and associations.
On the other hand Nagaland is also now witness to newer associations and activism groups that have emerged over the last few years. These organisations also fall under the unrecognised ones as rightly mentioned by the minister. So technically, Nagaland was shaped and modelled by a bevy of unregistered organisations for the last 53 years since statehood. With one of the lawmakers already noticing the difference between the registered and the unregistered organisations the time might be ripe for deliberations and to get some clarity on the subject. Then only can the government formulate laws to control and streamline the number of such organisations that wields power and also identify and legitimise from where the actual power should flow.
