Kuolachalie Seyie
Under the directive principles of the state policy of Indian constitution, Art 44 provides that “The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” This directive principle is not amendable and cannot be erased or repealed under any circumstances so as to safeguard the interest of all. The objective behind this state endeavour as enshrined in the constitution is only to address discrimination against vulnerable, diverse, religious and different ethnic groups and to harmonise various cultural groups within the country. The uniqueness of the Indian situation is unity in diversity. The question therefore is whose family laws or cultures are to be codified as uniform civil code for the whole country to avoid plurality of family laws? It is impossible to have a common civil code without Govt coercion and intolerance.
The directive principle aforesaid should never be used to impose or force the cultural, social, religious, and customary practices of the mainland majority of India over the minorities under the cover of establishing a uniform civil code. It will inevitably end up in the suppression of the vitally important family laws and cultures of this minority peoples for the political agenda. The ultimate outcome of such imposition of mainland cultural practices, if brought about, over the minorities, will be costly and dangerous. Barack Obama’s Govt in the US tells Christian Ministers to perform same-sex weddings or face jail terms and criminal fines, on ground of discrimination, if they decline to officiate same-sex marriage ceremonies; after all, the matter has been manipulated and legalised by the abuse of power for political interest. One cannot permit such similar madness of other forms to happen. The Govt exists to protect and respect our freedoms, not to attack and end them. The Govt cannot erase these fundamental rights, freedoms as guaranteed in our constitution and replace them with its coercion and intolerant agenda based on the culture of the mainland majority at any cost.
The disputed claim of Nagaland by the new independent India on the basis of unilaterally drawn map she has inherited from the British when their empire ended was furiously resisted with spontaneous and vigorous fights till date by the claim of the Nagas that they are not Indians and their territory is not a part of the Indian Union. Only a certain unauthorised group of people itching for soft chairs went to New Delhi on their own in the name of ‘Naga People’s Convention’ entered into an agreement with the Govt of India in July 1960. As such, without authority the present state of Nagaland came into being as a part of the Indian Union, under the 13th Amendment Act of 1962 of Indian constitution, whereby the constitutional guarantee and protection of the Naga social, religious and customary practices, land and its resources are thus enshrined under Art 371A of the constitution. Further, the Indian constitution says that no Act of Parliament shall apply to the state of Nagaland unless and until the same has been approved by the Nagaland State Legislative Assembly. Therefore under any circumstance, the Naga people shall not accept the proposed probable Common Civil Code of mainland India. The Nagaland State Legislative Assembly members must fully understand their serious responsibility to protect the political and legal position guaranteed by the Art 371A provision which is the unique fact of their history.
