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Article 371- (A), Our Shield

Published on Jun 15, 2016

By EMN

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There is no written record to substantiate (authenticate) the exact origin and history of Naga people and the period of migration to this part of the world. We have learned from elders about our ancestors through folktale/folklore which were passed on to the present generation. lnspite of lack of alphatical and numerical usage Nagas were able to survive and live an honorable life because of ingenuous nature. We take pride in our gene because we are from the blood line of race that was honest, truthful, hard working and hospitable. The greatest compliment of Naga race is that our forefathers were dead serious about taboo words, such as forbidden, shame, lie and oath and so on. Every village is democratically governed by rules set by the community and no one dares to go against it because of the belief that destruction will befall on the defaulters. We heard stories of tragic incident that had befallened to people who defy these taboos. The culture, tradition and customary practices of our forefathers were one of the best unwritten form of democracy system acknowledged by the most advance people, the Britishers. When we compare ourselves in terms of population, economy and education/technology, we are still lacking behind. Nevertheless, we should be proud of our unique lineage and tradition which is the base of our existence as well as take pride in our real identity. There has been much talk on Article 371-A (Indian constitution) since some time for different reasons enlighting about the advantage and disadvantage. People may have different point of view in expressing basing on an event or circumstances taking place. I would put in this way, article 371- A is Nagas shield, a blessing in disguise. Why I say so, because of this article, Naga people are enjoying a special status under the constitution of India as no Act of Parliament in respect of; Religious or Social Practices of the Nagas, Naga Customary Law and Procedure including Civil and Criminal Justice and Ownership and Transfer of Land, its Resources shall remain with the state (means Naga people). Now, let me cite an example, like Nagaland even Jammu & Kashmir enjoy special position under Article 370 in regard to land ownership and transfer. The present central government did try to abrogate Article 370 which was strongly opposed tooth and nail by the people of Kashmir. Once abrogated every Tom, Dick and Harry from main land India shall have the right and liberty to own land in Kashmir. If tomorrow our special status is abrogated and Article 371-A is no more just imagine what will happen to our land. Even further, the central government wanted to introduce Uniform Civil Code in the country which in most probability shall include Nagaland state. If implemented, somewhere down the line the faith we profess (Christianity); the principles we follow shall be superseded and has to be compromised when it comes to the norms of marriage, divorce etc. There are other ruling if enacted definitely shall make invalid the special status enjoyed by the Nagas. In this juncture, it will depend on the Nagas to either protect Article 371-A to safe guard our identity or abandon it to accept/adopt cultural norms which are alien to us. The social set up in Naga society is such that, every member whether men, women or children is treated with respect and dignity. Men and women have their own respective equal responsibilities and support/respect one another. Everyone plays their own part equally, independently which is the key to harmony within the family. There is no instance as such that Nagas practice class system, reservation or discrimination. The assignment is carried out on the basis of physical agility and the nature of work. With the coming of the modern education good things had evolved in Naga society and when it comes to educational knowledge women are excelling much better in recent years. To elevate better living condition of the society equal opportunity should be given, if the person has the caliber to do the job irrespective of gender. Nonetheless, let us focus on our living condition in the midst of modernization. Let us see what is happening around us and analyse with the life style of our forefathers, more importantly in the perspective of behavior and adherence to the laid down laws (customary practices). Our life has become so engrossed in westernized character that, we are losing the good values and revered cultures of our forefathers which were once regarded the most treasured and essence of the Naga heritage. In my opinion, questioning the legitimacy of Naga Customary Law Practices is tantamount to total denial of Naga identity. A person without identity is like a subject which has no dignity of its existence. Can Nagas go on this trend losing all the good qualities and be proud to say ‘this is my legacy’ to oneself and our future generation. Have we thought of the identity that our children will inherit? Many races are living desperate/pathetic life because they have completely lost their culture and are regarded as second class citizen. What we need today is to restore back our true identity least we become people without culture which is cearly referred and mentioned in Naga Memorandum to Simon Commission, British India, 1929 by our past leaders. Nagas should not be self-seeking on a certain issue alone and suffer in the greater nucleus matters related to the whole Naga society. There will be differences in certain issues which should be sorted out by Nagas alone keeping in mind the traditional values and system which is the best method of pure democracy, thereby keeping alive the time immemorial Naga Customary Practices and Culture of our forefathers. If in case, we are hells bend to disown and discard our culture/tradition it will be like the story of two mice and a cat. Where the two mice could not come to terms in sharing a cookie and the cat was assigned to solve the differences. The end of the story was that the cat in the course of solving the problem gradually ate the whole cookie and nothing was left for the two mice. Let us be rational in thinking about the importance of our customs and revive, rely on the legacy which is unsurpassed Naga history and civilization. W.Khiolie Kapfo