Dimapur, June 25 (EMN): Naga scholars were of unanimous opinion that Naga women’s rights should be acknowledged not only in the Urban Local Bodies (ULBs) but in other bodies and expressed the need to critically have a re-look at Naga customary laws without dismantling our traditional structures as well as Naga rights enshrined in Article 371A.
This view was expressed at the one-day panel talk and discussion on ‘Gendered practices and emerging discourses in Naga society’ jointly organised by the Naga Scholars’ Association (NSA) and the Heritage Publishing House (HPH) at Elim Hall, DABA, Dimapur, on June 23.
The workshop deliberated on the five broad themes: customary laws and practices; gendered roles in Naga society; Article 371 A and the current debate on 33 percent women’s reservation in ULB elections; adoption and inheritance in Naga customs and women’s voice and participation in decision making process.
Lovitoli Jimo, convenor of the panel talk, gave a brief note and moderated the first session of the panel discussion with various civil societies.
The first speaker P Chuba Ozukum, president of Naga Hoho, traced the origin of Article 371 A of the Indian Constitution vis-a-vis the Naga nationalist movement. He stated that there has been a shift in the position of Naga Hoho on women’s reservation from the initial stance where they thought it was a little premature to give 33 percent reservation to women. However, he highlighted on the need for further deliberation on the issue in relation to the change of time.
Dr. Rosemary Dzüvüchu, advisor of Naga Mothers Association (NMA), asserted that Naga society has an “unfriendly” attitude in relation to women’s issues. She stated that there is a “selective reading of the law and re-interpretation of the section of the customary law” which becomes the “core issue” when it comes to women’s participation in decision making process.
Khesheli Chishi, former NMA president, pointed the need to be cautious and not to generalise the issue as men versus women or all men against women’s reservation. She called for a progressive Naga society where the contribution of both men and women be recognised. Acknowledging the diversity of the Naga community, she stated that to interpret the Naga customary law is very problematic and substantiated her argument by giving an example of a Sumi village having a woman chief.
Kekhrie Yhome, NPMHR, observed that Nagas are people with “wounded pride” and an overwhelming energy of “frustration and anguish” but yet there is a desire for future. He informed the house on the stand of NPMHR that dehumanising of one gender is violation of human rights.
Toshi Wantung, advisor of ENPO, opined that Article 371 A as the outcome of Naga nationalism purchased through Naga blood and must be protected. He stated that they are not against women’s reservation but for protection of Article 371 A. He further stressed on the need to codify the Naga customary laws.
Tsachola Sangtam, ENWO advisor, cautioned on the risk of proxy participation of women in decision making process. On the question of adoption and inheritance in Naga customary laws, she talked about how women were deprived of inheritance when both husband and wife contributed equally.
P Pius Lotha, CNTC advisor, opined that there is gender discrimination in Naga society. With regard to Article 371 A and customary laws, he highlighted on the need for a dialogue inclusive of tribes, government, men and women before placing in front of the larger public. He also called for revisiting the 2001 Municipal Act.
Temsujungla, vice president of Watsu Mungdang, presented a recommendation on behalf of their organisation. Stating that Naga customary laws and practices have done justice, she however said that some of the customary laws and practices need to evolve especially with regards to gender roles with the change of time. She also stressed on the need to codify customary laws and to have uniform interpretation. In regard to adoption and inheritance, she said property of husband and wife should be equally distributed to the children, adding ancestral property should continue as per the tradition.
Dr. Khekugha Muru, ACAUT, said that women’s participation should come through convention rather than law. He also asserted that to call Naga society as egalitarian where both men and women are equal is an overstatement. During the discussion, he said the Nagas need to have a Naga perspective of Article 371A.
The second session, moderated by Dr. Walunir, had an academic engagement with the broad themes.
Speaking on the theme, Khekiye K Sema, IAS (Retd) opined that 371A gave opportunity to the Nagas to exercise their right independently. He added that Nagaland assembly hardly review any act passed by the central government. He concluded that Naga customary laws should be codified at tribal levels while also bringing out commonalities and best practices for common customary laws.
Achumbemo Kikon, NPF spokesperson, opined that Naga customs and traditions are important but it should change as per the changes in time. He added that customary laws should not be an obstacle towards aligning our society alongside the global trends. He also said that India adopted reservation policy being a member to the United Nations.
Peter Rutsa, social activist, shared his experience of being placed in a place where both tradition and modernity exist simultaneously, where is he caught in a dilemma because customary laws remained unchanged in a dynamic society. He acknowledged that change will eventually happen and there is no need to hasten the process.
He cited the example of the Mahila Battalion of the Indian Reserved Battalion of Nagaland, which was introduced as part of the women empowerment initiative which rather has had a negative effect in the domestic sphere.
Nzanmongi Jasmine Patton, NSA, speaking on the themes ‘gender roles, gender voices and participation,’ she said reservation is not a privilege but a long denied right. With different sections of Naga society coming together for the panel talk, she opined that Nagas are ready for a change.
Joshua Sheqi, lawyer, called for a change in Naga mentality with the change of time. According to him, gender issue is the most misunderstood issue. Observing the conflict of customary laws with Indian constitution, he pointed out the difference between ‘constitutional provision’ (243T) and ‘Act of parliament’ (371A).
K Ela, Director Prodigal Home, brought to light the issues and concerns pertaining to adoption. She stated that Nagas neither follow the legal process nor the customary laws. She also highlighted the gender disparity with regards to adoption where girls are discriminated and stigmatised.
Dr. Anungla Aier, Principal of Kohima Science College, stated that “Societies with the history of violence have a tendency to promote patriarchy,” a fitting case for the Nagas. She theorised the citizenship question by taking Naga customary laws where women do not have the same citizenship rights as men, adding it is in this context that reservation for women becomes a necessity.
The concluding remark of the workshop was delivered by Dr. Akum Longchari, Editor of Morung Express. He brought forward the two trajectories of truth in the context of the Naga Society - one ‘as a way” and the other “as revealed.” He emphasised on the need to synthesise the different information and chart a path forward.
He pointed out that if Naga customary law is to be codified, it will also be possible to create a Naga legal system for which we need Naga jurisprudence. He also highlighted on the need to make a distinction between cultural practices, which is ever evolving and cultural values which are not limited by time and space. Speaking on the present challenges in the society, he stated on the need to shift from politics of rights to politics of justice.
