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KOHIMA — Nagaland government will pass resolutions "not to accept" the two controversial laws, Forest (Conservation) Amendment Act 2023 and Uniform Civil Code (UCC), and will bring up a ‘new municipal act’ for discussion in the upcoming State Assembly Session scheduled on September 11.
This decision was taken at the government's consultative meeting with the tribal hohos and civil society organisations in the State Banquet Hall, Kohima, on Friday.
The house 'extensively' deliberated the three contentious subjects -- Forest (Conservation) Amendment Act 2023, UCC and Urban Local Bodies (ULB) elections in the state – at the meeting.
Speaking to journalists at the Secretariat Conference Hall in Kohima after the meeting, Minister of Power and Parliamentary Affairs, KG Kenye said it had "cleared the fog that was hovering over" the three contentious issues in the state.
'After lengthy deliberations, we have reached a consensus on the three subjects. The state government will be moving ahead to prepare for the second session of the 14th Nagaland Legislative Assembly (NLA) on September 11 where necessary formalities will be observed by the state legislature,’ he said.
He informed that the advocate general for Nagaland state K N Balgopal extensively dwelled on the three subjects from the legal point of view and the constitutional perspective of where the state stands.
[bsa_pro_ad_space id=1]In regard to the Forest (Conservation) Amendment Act 2023, he said Article 371 A guarantees the ownership and land resources with the people of Nagaland. More than 95% of the forest land belongs to individuals and communities and the government hardly has 5% of the forest land.
Maintaining the people of the state have expressed their opposition to extension of 100 km from the international borders into Nagaland, as the land and the forest belong to the people, he said the same will be taken up in the coming assembly session and pass a resolution.
The amended Act is "contrary" to afforestation and is for 'destruction' of the forest, he observed.
On Uniform Civil Code
Kenye said that Nagaland being a Christian majority state, the people were apprehensive that the UCC would obstruct their religious practices and rituals.
[bsa_pro_ad_space id=1]‘In this regard, the state government had earlier written to the Law Commission stating the socio-cultural background of the people. In Article 371 A, no act of parliament in reference to our social and religious practices can be infringed upon. Based on that, the state government made it very clear that this is not acceptable to us, which was also endorsed by various hohos and organisations,’ he said.
He added that the tribes and CSOs want a resolution to be passed against the UCC in the coming state assembly session.
Kropol Vistu, Advisor of Prison, Printing and Stationery, underscored the protection given to the Nagas by Article 371A, reiterating that the union Home minister had recently assured the team led by the state chief minister that the UCC would not be applicable Nagaland.
However, for the record a formal document have to be brought up, he said, adding that the land and resources belong to the people and cannot be taken away by others unless the assembly so decides.
New Municipal Council Act
Minister Kenye informed that a new act for the municipal council is on the verge of completion. The final touches to the draft are on, and once finalised, it would be brought up for enactment in the coming assembly session.
The draft proposal could not be presented at the consultative meeting on Friday as it is under "serious review" and yet to be scrutinised by the Cabinet and the panel, he said, adding that the final draft will be prepared before the state assembly session.
'The 33% reservation for women has been more or less accepted by one and all. That, it will be okay if we have the reservation and conduct the elections,' he said.
Other areas of the ULB that were discussed included exclusion, omission and deletion of certain words like 'tax' which did not go down well with the people, he said, adding that it will be rectified and presented in a different way.
The people should understand that, whatever fees or donations collected from them and wards falling under the municipal or town councils, will remain with them and not come into the state exchequer, he said.
There were also suggestions of experimenting 33% reservation for women in the ULB for a certain period of time and reviewed after a decade or so. After addressing the grievances raised, it should be okay. The panel for the draft have taken note of the suggestions and will be sitting to give the final touches, he said.
The draft will not be made public but individuals and tribal hohos who have raised concerns will be consulted, he said while assuring that the document will be in "consonance" with and consent of all the tribal hohos.
Kenye went on to say that the state had been pulled up by the highest court of the country on the matter but the government took drastic step to repeal the central law. For the first time, a chief minister of the state has boldly taken a step basing on legal provisions under Article 371 A, he said, adding ‘this has brought to light many facts which had kept buried for 59 years’.
'We have it with us for so long but no other chief minister gas ever dared to try test it,’ he said.
Kenye added that the people's interest is government's interest.
On concerns being raised on the transparency of the state government on the Eastern Nagaland Peoples’ Organisation (ENPO) issue and the progress of deliberation, he said the government will take up the matter with the tribal hohos and CSOs when the need arises.