‘Article 371 (A) an outcome of political agreement’

Eastern Mirror Desk
Dimapur, May 30: The significance of Article 371 (A), and the complications involved in its interpretation, was one of topics of discussion at a ‘legal awareness’ programme at Police Complex, Chumoukedima on Thursday. The event was part of a ‘yearlong legal awareness campaign’ spearheaded by the Nagaland State Legal Services Authority in collaboration with the Nagaland Bar Association.

Article 371 (A) of the Constitution—which guarantees special provisions to protect Nagaland and its indigenous communities—is the result of the 16-point agreement, according to senior advocate, Taka Masa. Sixteen-point agreement, he reminded, is a political agreement.

When the 16-point agreement was passed, Nagaland achieved statehood; and this, according to Masa, comes under Article 245 of the Indian Constitution, which is the source of power for the parliament and state assemblies.

Article 371 (A) is only a restrictive provision according to the central government, he said.

Advocate Akito Zhimomi, who spoke on the topic ‘money lending and the law’, said that that money lending in Nagaland has become a threat, affecting even family relations.

For land transaction, he said the Registration Act of 1908 was vital. When transactions for immovable property are done, one must register it through a sub registrar and not a notary or magistrate, he said.

Zhimomi cited the Nagaland Money Lenders Act 2005 and said it was compulsory for moneylenders to register themselves under the Act. Otherwise, a person cannot engage in money lending business, he said.

As per this Act, Zhimomi said, the interest rate should not exceed 3% above the banking rate and it should be per annum and not per month.

Those guilty of engaging in money lending business without being registered are liable to be arrested and jailed for 6 months, he said.

When a participant questioned about the practise of issuing sale deeds from the notary level “for which the lawyers were accountable”, the advocates and representatives of the bar association defended that the “first and second party themselves” were responsible as they did not follow the rule.

Advocate Khumchuba Chang spoke on welfare schemes, legal support system, human trafficking, consumer rights, cyber law and law to privacy. Government of Nagaland, realising the issues of construction workers has constituted a “Nagaland building and other construction workers welfare board”, to provide social security for this section of workers by implementing different welfare schemes, he said.

On the topic of human trafficking, he pointed out that root causes vary and often differs from one country to another.

He mentioned that trafficking is a complex phenomenon that is often driven and influenced by social, economic, cultural and other factors.

On consumer rights, Chang stated that the government of India has passed the Consumer Protection Act in 1986, which provides for better protection to the interest of consumers and for establishing customer councils and other authorities for the settlement of consumer’s disputes and matters connected therewith.