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KOHIMA — Against the backdrop of suggestions for the Nagaland Legislative Assembly (NLA) to pass a resolution to reject the controversial Uniform Civil Code (UCC), Nagaland Chief Minister Neiphiu Rio said on Monday that the assembly ‘cannot’ pass a resolution ‘to confront’ the central government and instead suggested using the word ‘exemption’ in the resolution.
Participating in the discussion on the UCC on the first day of the second session of the 14th NLA in Kohima, Rio said, “For a small state like us, our assembly cannot pass a resolution to confront the central government, and we cannot protect any other state by our resolution. Therefore, in our language, we will not use ‘object’, ‘against it’, or ‘oppose’ the UCC.”
[bsa_pro_ad_space id=1]Instead, he proposed that the 14th NLA unanimously pass a resolution for ‘exemption’ of the application of UCC in Nagaland and that the state has Article 371 (A) and therefore should be exempted from the proposed UCC.
He, however, said the state ‘will confront (the centre) if necessary’.
“Though we have confidence that because of Article 371 (A) in the Constitution of India, UCC will not affect us but we cannot take a chance and the whole public is against it. That's why we better do our duty and do what is necessary. Let us first protect ourselves,” Rio said, adding that the ruling government in the state is in alliance with the central government led by the BJP.
He expressed confidence in the central government that it would not betray the Nagas and themselves but would uphold Article 371 (A) of the Indian Constitution.
Rio also mentioned a meeting with Kiren Rijiju, the then Union Minister for Law and Justice, during which he was given a draft copy of the Government of India's observations and views on UCC.
"It has been brought out that the introduction of the Uniform Civil Code, which is statutory in nature, should not affect the Constitution provisions and guarantees that Nagaland and its people enjoy," Rio said.
Furthermore, the Union Home Minister, whom he met in July, verbally assured him that the UCC would not affect tribals, northeastern states, or Christians.
"However, keeping in view the consultations with various stakeholders and after examining the apparent spirit and intent of the UCC and taking into account the constitutional guarantees given to the State and its people under Article 371 A, there is a clear urgency for this House, which represents the voice of the people of the State, to convey our explicit position on the subject," he said.
[bsa_pro_ad_space id=1]UCC a direct threat to tribal ethos: Kuzholuzo
Senior NPF MLA Kuzholuzo Nienu stated that UCC is a ‘direct threat’ to the fabric of a communitarian tribal ethos and values, and that to impose it is to dismiss the Naga culture as primitive, uncivilised, and inhuman, and it calls into question the ability to find a solution from within to address human problems, such as rights and equality, and to contribute to nation building at large.
[bsa_pro_ad_space id=1]He mentioned that the UCC is a subject matter propounded by the BJP (RSS), which is deeply rooted in Hindutva, is the foundation for totalitarian rule by a dictator, and they must remember that uniform law and dictatorship are two sides of the same coin.
"UCC will remove pluralism and diversity and thereby it will fulfil BJP's (RSS) one nation, one religion, and one cultural dream, which means the Country is heading for a dictatorship rule if UCC is enforced throughout the Country. Either that will be the end of minorities or disintegration of India, where our rights and equality will be forgone," Nienu cautioned.
Moreover, to impose UCC is to betray the hope and trust of the minorities, particularly the tribal communities, for whom constitutional provisions, such as Article 371(A) or the Sixth Schedule, have been established to protect and promote the customs, values, and practices, things that have provided a sense of identity, worth, belonging, and purpose, he argued.
"It is high time we do away with elements of hegemony and imperialism that only sow seeds of division and distrust," the legislator added.
He further urged the house not to rely on verbal assurances and moved the House to pass a resolution rejecting the bill in toto.
UCC indulges personal law: Dr. Neisatuo
Dr. Neisatuo Mero, an independent legislator who participated in the discussion, stated that the UCC is an indulgence in personal law, such as personal scriptures, marriage, divorce, guardianship, and succession, which violates the right to religion and social practices of the Nagas as well as Customary Law and procedures.
The implementation of the UCC also violates the fundamental rights guaranteed by the constitution, including Article 25 (freedom to profess and practise one's religion) and Article 29 (right to have a distinct culture). It also contradicts the provisions granted to the states of Nagaland and Mizoram, he said.
He proposed a firm resolution opposing the UCC.
Nagas don't need a new code: Dr. Sukhato
LJP (RV) MLA Dr. Sukhato A Sema said that Nagaland is the only state in India that has entered into the Indian Union through political negotiation—by signing the 16 Point Agreement and inserting a new clause in the Indian Constitution, i.e., Article 371 (A).
The Government of India’s representatives of that time, having realised this, were careful enough to insert Article 371 (A) in the Indian constitution to not only protect Nagas’ interests but also to optimise maximum refrain from interfering in the internal affairs of the Nagas, he said.
"For decades, Nagas have lived in mountainous terrain far from the mainland which has allowed us to develop a unique lifestyle, food habits, customs and traditions. These centuries-long habits if tried to be changed or substituted (by external or internal force) overnight would result in chaos and disturbance," he pointed out.
He went on to add that Nagas have their own system of civil code, which has governed society since time immemorial.
"We do not need new code to govern us which is likely to destroy our oneness in the future," he reasoned, and urged the house to pass a strong resolution opposing the implementation of UCC or at least exempt Nagaland from the purview of its applicability.
He further appealed to the house to make the necessary preparations at the earliest for briefing the 22nd Law Commission headed by Chairman Justice Ritu Raj Awasthi about the unique Naga tribal society.
Other legislators, including Minister KG Kenye, advisors Imkong L Imchen, KT Sukhalu, Moatoshi Longkumer, and MLAs Nuklutoshi Longkumer, Picto Shohe, and Achumbemo Kikon, also participated in the discussion.