By M. Imyu Longchar
The journey of the Statehood of Nagaland passing through a half century since the attainment of her Statehood. In the course of all those journey different political parties ruling the Government under different leadership.
During this journey, one of the greatest significant events is the recent mass public movement which can be better known as people’s movement by all the Tribal Hoho’s spearheaded by Joint Co-ordination Committee (JCC) and Nagaland Tribe Action Committee (NTAC) demanding the Chief Minister to step down, with some other demands.
Similarly, way back to 1986, there was an agitation called by NSF against some objectionable policies of the State Government at that point of time. However, the agitation was confined only to Kohima where 2(two) students losts their lives due to police firing eventually leading the Chief Minister to demit from his chair.
But the recent public movement is much greater than before affecting the entire State which may go to the history of Nagaland, where 2 (two) youth laid down their lives and another succumbed to injuries in such a prime age, and several others injured in police firing while protecting the rights of Nagas, and consequently the mob burned down several Government buildings/offices and properties.
The agitation was in protest against the 33% women reservation in the ULB election under Article 243T apprehensive to infringe the Article 371A. The immediate causes was due to the violation of the gentleman agreement by the Government on 31st Jan. 2017. The issue of demand is not yet solved.
Though, a number of writers give their views supporting the Women reservation, however majority of people opposed it basing on the Article 371A of the Constitution.
The reason is, Nagas are different with that of Indian mainland of its culture, custom, social practice, tradition etc and with the same way different with those of Schedule Tribe, Schedule caste and other backward classes in the mainland. Whereas the woman status has been never neglected in the Naga Society. Some opined that woman status should bring into changes from the bondage of old custom and tradition. Yes, in our modern days women are equally enjoying the right with the men in many areas like in politics, public employment, education and many other fields.
The idea of women reservation is mainly to facilitate them to become a good quality leader in the decision making body. If we observe carefully, we can find out some defective on technical reason. Article 243T Para 1in the last sentence says, “seat may be allotted by rotation basis to different ward”. In this case, the women member has no chance to continue in the same ward/colony unless another ward offers her the sit for the next term. So it is well understood that there is less chances for women candidates to becomes a good capable and experienced leader.
Secondly, it is totally going against the Naga customary practices and usage, to share with women in decision making body. The meaning of reservation is, “ making a share of some portion or quantity or number’’. Whereas it distorts the principle of equality. But if the woman is elected after contesting the election, then, there will be no objection neither opposing or arising the question of violating Article 371A. It is better to adhere to the Principle of equality where women and men can contest in the election of M.P, MLA and ULB with equal rights. This may be the best policy and should not mix up, twist or confuse the true meaning of the two words of equality and reservation. It is appealed to the Government to amend or pass a resolution especially for the Nagaland without delay.
Now, full implementation of Municipal Act bothers some more burdensome. The Municipal Act part IV chapter I section 120 provides to impose Taxes:
1) Subject to the provision of this Act and the rules made there under, with previous sanction of the Government a municipality may in order to raise revenues for its duties and performing its function under this Act, levy within its limit of municipality the following taxes, fees and tolls or any of them:
a) A tax on land and buildings
b) An octroi
c) Tolls and fees
d) An scavenging tax
e) A tax on advertisements other than advertisements published in newspapers.
f) A show tax (entertainment)
g) A fire tax
h) A tax on vehicles and animals.
As per the provision, there may be more taxes than the existing one. The best example among them is that of the tax on building. Then, who will pay the Tax? The owner may pay the Tax, which will enhance the rates of renting and in return the tenants will pay the rent at higher rate.. In the same way the market price may go up, Where the customers pay and definitely the life in urban areas becomes costlier.
While talking about the Tax, I always remember some events narrated by my father, “ The youth movement was started at Mokokchung Village in 1953. In 1954 the youth movement organised a rally at Mokokchung town and called the youth volunteers from every Ao village, hundreds of youth gathered and went on procession openly with a slogan “No Taxation”. The protest was not to pay the household tax to Government. While, the crowds reached the SDO Civil office, the crowds confronted with the Police forces, while the police forces attacked them with lathi charge most of them ran away. It was only 32 of them who bravely stayed back to face the police action. Police beat them black and blue and took them to Jorhat, Assam and imprisoned them for 7 months at the district jail, Jorhat. One of them died at the Police custody. This record/list of the prisoners can be available at page-73,in the book title, “Unforgettable memories from Nagaland” by Rev. Dr. Mar Atsong Changer. Now it is learned that only four of them are alive, because of God’s grace my father who is also one of the victims is alive till date, but he still suffered from the injuries caused during that time.
Anyway, we are compelled to pay the household tax but exempted from the income Tax. It is due to the wisdom of our former dedicated leaders for our future.
However, it is time to change from the past. we have every right to pay the taxes but let us look at the present economic status of Nagaland. What are we producing and exporting? We are still facing problem for self reliance.
Imagine, our economy is 9o percent depending on the imported goods like foods and other items from other states of India mainland. We have no success to run big factories and industries for large scale production, where the Government also can earn a huge amount of revenue and provide more employment opportunities for both skilled and the un-skilled labourers and facilitate other related job opportunities for the public earning avenue. For example, Sugarmill at Dimapur along with a large areas of farming land areas belonging to the Government vanished, Paper Mill at Tuli also could not be revived. The recent Cement factory at Wazehu is defunct. I hope that only a few people have seen at the time of running those industries and factories. But now it is gone, what a great surprise! Today our economy solely depends on the Government job. Then, how can we uplift our state economic status?
We need the all round development to uplift the economic status of our state, whereas the central Government neglected our economy in many ways. On the other hand, we are well understood that numbers of unavoidable Taxes within us, but our leaders should be well aware, if not, even the income tax may intrude into our pocket without delay and tax away its share.
Whereas numbers of the intellectuals and the legal professional have written and explained about the Article 371A of the Indian Constitution. It is hope that many could understand it. The main contents are:
“ not withstanding anything in the constitution:
a) No act of Parliament in respect of:
i) Religious or social practises of the Nagas
ii) Naga customary Law and Procedure.
iii) Administrative of civil and criminal justice involving decision according to Naga Customary Law.
iv) Ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the members of the
Legislative Assembly of Nagaland by a resolution so decide.
Now, it is clearly understood that theAticle 371A of the Constitution of India empowered the Legislative Assembly of the State of Nagaland to examine or ratify any Act passed by the Parliament pertaining to clause A (i-iv) which can not directly implemented but shall be decided by a resolution or by amendment of its applicability in the State of Nagaland. That, this content is simple but the implication is too wide.
It is the outcome of the 16 Point Agreement Sl.No.7. The aim of our leaders was to protect our unique identity within the Constitution of India. The statehood was born under the 16 Point Agreement signed by the moderate Naga Leaders, then, Naga People Convention (NPC). But now we can say that the Central Government has not taken certain points sincerely. For example, Sl. No. 2,of the Agreement Nagaland shall be under the Ministry of External Affairs. But the Central Government has replaced it and put under the Home Ministry, Sl.No. 12, re-transfer of Reserved forest is not been resolved till date. Sl.no. 13 consolidation of contiguous Naga area has not been solved till date. The elected members of NLA are fully responsible to guard the 16 Point Agreement. As long as we remain as a state within the Indian Union this agreement shall be protected unless and until some political changes take place.
In the context of our present State Government affairs, we are fortunate to have s a party-less Government for the last few years and only recently emerged one lone opposition member out of 60 members, 59 are the ruling members. It can be said that this is the right time to do whatever they like for the government as well as for the public.
But, on the other side such type of Government is doubtful for deliverance of good Governance. It is possible to become an Authoritarian type of Government better known by the political science students. Here most decisions are taken by the top leaders and the members are no dare to oppose or object against any decision due to fearing of any disciplinary action imposes by the top leaders.
At the present juncture, numbers of scams are mushrooming, like backdoor appointment, scam on civil supply, non payment of salaries to teachers, besides JCC and NTAC demands are yet to be solved. The 7th ROP is settled with the Government employees Association, but not yet implemented. However, once the Government stated that the state ROP was implemented on 10 years basis, i.e 1970,1980,1990.and2010.which was published in daily news paper, ‘‘Eastern Mirror” dated March 25 2017. The fact is that Nagaland state employees enjoyed, the Assam ROP since 1963 and implemented the Nagaland ROP in 1975,and ROP1983 effected on 1st April 1981 and ROP 1984 effected on 1st December 1984 and ROP 1993 effected on 1st June 1990 and ROP 1999 effected on 1st June 1998. Thus the State ROP does not get implemented on 10 years basis before the implementations of the central pay ROP 2010 effected on 1st June 2008. It is so surprising that the Government is knowingly diluting the facts and is trying to blindfold the public. Now, one of the serious questions is the backdoor appointment. Let us imagine, since the 2nd public retirement Act 2009, thousands of employees are retiring from the service. if we check the list in the Accountant General office, more then 150 and above of the pension cases are finalised every month. Then how are those vacancies fill up? It is only once that the open examination conducted on 30.10.2010 by P&AR for recruitment to office assistant. on 30.10.2010. Besides, except for the post of secretariat assistant examination conducted by the NPSC from time to time, how many times each and every Department are conducting the open competitive examination? Or sending the requisition to NPSC to conduct examination. But leaving all these norms backdoor appointment is randomly going on. All the educated unemployed or the job seekers are not party workers and their children’s or relatives of the Ministers and bureaucrats. I am citing one example, during the litigation period against the 2nd amendment of Public Employment Act 2009, my article, Titled;-The controversial Bill—2009 was published in the daily paper Nagaland Post dated 22nd August 2009 in post mortem column in the last para, “Today it is hopeless for a person without political support even if the employees retire by the present bill, let us imagine how many applicant can be appointed on merit basis against those vacancies. The student body like NSF should also check the practise of backdoor appointment and age tampering. It is well understood this bill seems to be politically motivated. Let us remember one saying, “politicians are always trying to fish in trouble water”.
Today, it is clearly proved that the random backdoor appointment is true. In this regard we should not mix up the academic qualifications with that of merit in the competitive examination. If such practice of random backdoor appointment continues, Is it permissible or can be justified the image of a good Governance or be tolerated by Naga society?
In my views Nagas today stand; “between the devil and the deep blue sea”. The next election is coming near, everyone likes to be in the ruling party and no one likes to be in the opposition both by the elected members and the general public. So there are two options to be in the ruling party, either to vote for the present ruling party in the State inspite of so many loopholes prevailing in the governance or to vote for the BJP, the ruling party at the centre.
Now, BJP party is deeply rooted at the centre and many other States. Due to PM Modi’s magic and his charismatic leadership, BJP is gaining the power inspite of calling them communal force or party. The Secular Party is the INC which is the oldest and largest party now seen declining at the centre . The best example is that while demonetization was implemented in the last part of year 2016 there were strong complaints by the public all over the country blaming the BJP Government. But now this mission is a success. Whereas the congress party trying to fight tooth and nail to win the public mandate, yet it shows a poor mandate during the recent election in five States, Congress emerged victorious in one State and four others were won by the BJP.
Perhaps, many of us would like to vote for BJP because it is deeply rooted at the Centre and in many States, But BJP is a communal party and it is going against secularism. The best example is the declaration of the Good Friday as “Judge Day”, Fathers Day as “Yoga Day” and Christmas Day as “Good Governance Day”, this year also observed “Good Friday” as “Digital India whereas, Nagaland, Meghalaya and Mizoram were exempted. It hurts the sentiment of Christians and it would be an initial stage of attacking Christian value and ethics.
Besides, the women reservation under ULB election it correct to say that it attacks the Article 371A the protector of Naga identity. Yet, the greater blow will be when Parliament passes the Women Reservation Bill in the near future. Then, whether Article 371A can protect us? Again, BJP Government had a plan to impose the uniform civil code. This may be another blow to distort the Article 371A which protect the rights and identity of the Nagas. Now NPF has a good alliance with BJP under NDA, but in case, if BJP comes to power in our State someday our leaders being Christians but will be compelled to wear even the saffron dress and bow to saffron leaders and this will be unavoidable in spite of attack on the Christian ethics. Unless we are well aware, and alert; Article 371A-the protector of Naga identity may be gradually distorted and will remain like a scrap.
Now the present challenge is, to take action on police officer and personnel as demanded by the JCC and NTAC. The women reservation in ULB election is not solved. It is hope that the issue will be solve under the new leadership of State Government in order to avoid further turmoil.
Besides, religion and politics are opposite to each other, yet it is just the different face of a coin. It is a part and parcel of our social life. Similarly churches play a vital role in our Naga social and political life. The most important is the declaration of the theme, “ Nagaland for Christ”. The origin of this can be traced back in 1960. The Ao CE (Christian Endeavour) convention declared it and wrote in a banner “ NAGALAND FOR CHRIST”. It means life, talents, time, wealth are ALL FOR CHRIST. This message with the banner was proclaimed through out the nook and corner of Nagaland. Later,the church leaders made another declaration to send out 10,000 missionaries. The them Nagaland for Christ is a great dedication of our land, people, life, talent, time, and wealth ALL FOR CHRIST. And the other one is the Great Covenant with God committed for blessing of our land and people for future generation.
Firstly, it is a challenge to everyone to led a life on the Christian tenets in every day life, even our leaders, politicians, bureaucrats and other official if followed in letter and spirit of the theme of all for Christ in daily life in respective profession, there will be no corruption but fairness and justice will prevail. Again, if the general public led a daily life in their works and duty as a true Christian, and then if the churches and its leaders do not go after materialistic gain, but guide and teach the believers to lead a life as per the above mentioned theme and its tenets and there-by sincerely followed by every Christian, then our land, Nagaland will turn into a paradise.
Secondly, Nagaland Missionary Movement (NMM) is initiating and sending a number of committed missionaries to India and abroad. It is believed that committed target will be achieved one day. Then, one day Nagas can win the world not by bullet but by Christian values and moral, and then the world may easily identify who the Nagas are and be recognised by the world and able to shine among the Nations.
The first Naga Political consciousness was formed after the First World War. About 2000 men went to France as labour corp and after returning from Europe, Some of them felt the political consciousness and later, formed the Naga Club. In the 1929 Naga Club submitted a Memorandum to Simon Commission to let the Nagas remain separate in the reform, and it was followed by the 9th Point Agreement where Nagas demanded for a certain autonomy. And then, the 16 Point agreement was reached and statehood was granted, which was strongly opposed by freedom fighters. On the other hand, another one Accord known as Shillong Accord 1975 signed by some representatives which was strongly opposed by Naga national freedom Fighters. Then, the scenario of the Naga political movement changed into a new course since the midst of 1980.
Today, it is very unfortunate to have too many groups and factions. yet, among them, NSCN (IM) signed the ceasefire agreement since 1st August 1997 after having a numbers of Political talks which resulted to sign the Peace Accord on 3rd August 2015. The contents of the accord are yet to be disclosed. Now, the General Public are anxiously waiting for the outcome of the accord. We are expecting the accord to be an acceptable one to all the Nagas.
It would be better to declare the actual contents of the peace accord in order to avoid different propagandas and rumours with diverse notion. It is wished and prayed that the Accord does not bring another blunder like the Shillong Accord.
