In an earlier article, I pointed out how we Nagas were prevented from defining ourselves and how we stood in relation to each other, and in relation to the rest of the world, by the imposition of, first, the British Raj and now, the Indian Constitution. The Indian Constitution is, arguably the best, most comprehensive and most complex of all the World’s constitutions. It is so because of the diversity in race, culture, religion and customs of its many peoples; it is also the most widely amended because of the self-same reason of diversity.
To overcome the Naga demand for independence, the Indian leaders of the time incorporated Article 371a into the Indian Constitution. I do not know who drafted it and on who’s demand, whether it was our early Naga leaders or the Indian Authorities; but every time I read it, I am surprised by the wisdom of the people who drafted it and agreed to it. It gives the Nagas the breathing space necessary to evolve our traditions and customs in consonance with the modern world; and protects our land and resources during the process of this evolution.
Any person, with the bare minimum knowledge of nations and laws, on reading this article will be surprised that the Indian Authorities allowed such an article to be included in The Indian Constitution. Short of secession, it give the Nagaland Legislative Assembly, and by default, the Naga people, the power to reject any Indian Law not in conformity with our customs and traditions. But it has come at a great price. It has been purchased by blood, not the blood of our early Freedom Fighters alone, who fought against the imposition of The Indian Constitution on the Nagas, but also by the blood of the many Indian Soldiers who fought to defend the same Constitution. It was the compromise which India agreed on to stop the Naga Movement for Freedom, on the one hand, and the loss of the precious lives of its soldiers on the other. Article 371A has become the tie that binds Nagaland and the Nagas to the Indian Constitution. I owe my allegiance to The Indian Constitution because of this article. Without it, The Indian Constitution becomes just another set of alien laws, drafted by alien people. So I would advise all Nagas, laymen and lawyers alike, and especially the Honourable Members of our Nagaland Legislative Assembly to treat it with all the respect it deserves. Article 371a is not a blanket you bring out every time you feel the need to cover your nefarious activities and discard once you achieve your selfish ends.
Mr. Robert A Silverstein has written an article, “The Majesty Of The Law, But Which Law?”, the subject of which, according to my comprehension, is that the Nagaland Legislative Assembly has the right to make and to revoke any and all of its resolutions, and that the N.M.A. was right in approaching the courts in the matter of implementation of Women’s Reservation; and the Tribal Organisations are wrong in taking their protests to the streets instead of approaching the courts of law. Readers should be aware that I have had extensive correspondence with the abovementioned gentleman, who, in my correspondence, I fondly call Bob. His views and opinions have sharpened me and led to a tremendous growth in my intellectual prowess. Furthermore, he was kind and gentlemanly enough to send me, along with the newspapers, a copy of his article. But I am of the opinion that for all of his wisdom and insights into issues, he has failed to take into account the ground realities of Nagaland, in particular, and India, in general in his article.
1. The Eastern Mirror Editorial was too diffident in saying that the revocation, by the N.L.A., of its resolution of 2012 “sounds like a sell-out”; I firmly state that it was a sell-out of the interests of the people in favour of themselves. Granted, the Assembly has the right to make laws and revoke laws, but they have been elected to make and revoke laws in favour of the common good, not in favour of themselves. Nagaland is a small state, as I pointed out to Bob, in a private letter, with a small population. Everybody knows somebody, who knows somebody. We all knew that the Members of the State Assembly were agreeing to Women’s Reservation, not because they suddenly developed a conscience, but because they needed funds to contest the next general elections and they needed to ensure that their sycophants and minions were present in the various Municipalities and Town Councils across Nagaland.
2. On the subject of Article 371a and the courts, it is my opinion that the courts can only judge as to whether any issue falls under the ambit of the said article or not. If it does not, the courts can pass any judgement on it, in conformity with the rest of the Laws of India. If an issue does fall under the ambit of Article 371a, then it is for the Nagaland Legislative Assembly to decide if it is willing to let the issue be decided in accordance with existing Indian Laws, or whether it will pass news laws to cover the issue in dispute. But in the latter case, the people of Nagaland have every right to protest, in any peaceful manner we choose.
3. On the subject of approaching the courts to undo legislations which we feel infringes on our tribal customs and laws. I feel that Bob, as a lawyer, should know that it is not the laws that matter so much as the way the laws are enforced. India is the classic case of having too many laws and too little enforcement of the law. Look at what the Nagaland Government has done in the matter of “Backdoor Appointments”? The Honourable High Court has clearly deemed them illegal, yet it still carries on in flagrant contempt of the court. So who is to say that once the courts, after a lengthy process, have decided the matter that the State Government will obey its judgement.
And approaching the courts on any matter with regard to tribal laws and customs will only mean the matter will be sent back to The Customary Law Courts of the Dobashis, who in turn will have to summon the parties to the dispute, and their judgements will then be accepted by the higher courts, unless it can be proven that there has been a perversion of Customary Laws and Procedure.
It is incumbent upon the State Legislature to consult the Tribal Organisations on every piece of legislation before it is passed. It should not fall upon the Organisations to protest for a rollback. We have elected them for the sole purpose of making laws to ensure the smooth working of our society; not to import laws that benefit them alone. And it is to emphasise this that the present protests are taking place.
4. I believe, unlike Bob, that the Nagaland State Assembly is obligated to defend Article 371a. It is their sole purpose. We have elected them to be guardians against any Laws that would seek to, unfairly, deny us our rights and to make laws that would seek to ease our way into the modern world. On the issue of Women’s Reservation, the State Government and N.M.A. chose the path of confrontation; the first party by trying to impose an Indian Law, the conditions for which do not exist in Naga Society, and the second party by approaching the courts without first trying to negotiate for an appropriate solution for Nagaland with the Tribal Organisations. The J.A.C.W.R., with its court appeal has give the rest of India the impression that Naga Men treat our women as inferior creatures, just as those in the Hindu Heartland do.
5. On the subject of Bandhs and their legality or illegality thereof; all I can say is that they are a common form of protest across the world. Whereas in developed countries, protesters close down an office or factory by picketing it, we, in Nagaland and India, prefer to close down entire towns using the same methods. No one can tell me that the measures, propounded by Henry David Thoreau and used by Mahatma Gandhi, in the form of civil disobedience, non-cooperation and bandhs, to gain independence from the British are wrong.
It is unfortunate that the issue of whether our Chief Minister foreswore himself or that the J.C.C. Officials misunderstood him led to violence and three deaths. But I stand by my contention that the Tribal Organisations are on the right approach. The issues are debatable but the course is correct; the Naga People have a right to voice our concerns on any issue; our Elected Leaders must first obey the Laws, Rules, Customs, Ethics and Morality that maintain them in their seats of power, then, and only then, can they expect the people to obey them. To paraphrase The Holy Bible, our Legislators must first remove the beam from their eyes before pointing to the mote in the eyes of the Tribal Organisations. And that in the final analysis, any and all laws retain their Majesty and Power as long as they obeyed by the enforcers of the law themselves and are in consonance with the will of the people. Apart from Ten Commandments handed down by Jehovah to Moses; all laws are subject to change with the changing of the times and the wishes of the people.
Whether or not the N.M.A. would have won is moot; though I believe they would have lost, and if I ever have the pleasure of meeting Bob in person, as we both plan; I intend to have a good, long discussion with him on this point. I expect an Intellectual Thrashing; but console myself with the thought that I am younger than he, and can run away without him ever being able to catch me.
