Nagaland
CNTC reminds Law Commission of ‘safeguards’ under Article 371A
“The Constitution of India recognises diversity and plurality among the people of India and therefore, Uniform Civil Code in its present form is against the idea of India,” – The Central Nagaland Tribes Council (CNTC) representing the Ao, Lotha and Sumi tribes has reminded the Law Commission of India
DIMAPUR — The Central Nagaland Tribes Council (CNTC) representing the Ao, Lotha and Sumi tribes has reminded the Law Commission of India that Nagaland is the only state in India that was borne out of political agreement – 16-Point Agreement – signed between the Government of India and the Naga People’s Convention on July 26, 1960.
Based on this agreement, special provisions in the form of Article 371A was inserted in the Indian Constitution by Constitution (13th Amendment) Act, 1962, which provides safeguards to the state of Nagaland including religious or social practices of the Nagas, Naga customary law and procedure and administration of civil justice and criminal justice involving decisions according to Naga customary law, CNTC stated.
In a representation to the Member Secretary, Law Commission, CNTC stated that the constitutional safeguards provided to Nagaland is the “umbilical cord” that connects Nagaland with the Indian Union and that any law which override these constitutional safeguards will “sever the connection that has been painstakingly developed over the past six decades on the blood, sweat, tears and sacrifices of the people to protect our identity and way of life.”
The council also maintained that despite the unresolved Indo-Naga political issue, Nagaland as a tribal state has so far managed to progress under the Indian Union owing to the diverse and vibrant nature of the country.
“Different tribes in Nagaland have their own customs, culture and traditions that have been practiced for centuries bounded by personal laws without any conflict with one another. Imposing untested laws alien to the tribal communities will have severe repercussions. Of late, the pitch for ‘uniformity and conformity’ is creating deep insecurity particularly among the ethnic, cultural, linguistic and religious minorities that inhabit different parts of the country,” CNTC said.
The council also pointed out that when the 21st Law Commission was referred by Ministry of Law and Justice on in 2016 to ‘examine matters in relation to Uniform Civil Code,’ the commission had brought out a ‘Consultation Paper on Reform of Family Law’ on August 31, 2018, wherein in Para 1.26, it had stated that, “Article 371A contemplates a different treatment to the part of Nagaland in view of the difference between the needs of the social conditions in Nagaland and the various stages of development in different parts of the country.”
The council went on to state that the 21st Law Commission, while examining matters in relation to UCC, received substantial response from stakeholders and had finally summed up its report in 2018 by terming Uniform Civil Code as “undesirable and unnecessary,” and instead recommended that rather than enacting UCC, family laws of every religion must be reformed to make them gender-just based on uniformity of rights rather than laws.
Unfortunately, the Union government is yet to take any action on recommendations made by 21st Law Commission for the past five years, it stated.
“The Constitution of India recognises diversity and plurality among the people of India and therefore, Uniform Civil Code in its present form is against the idea of India,” CNTC added.
Will not accept imposition of UCC in Nagaland — WSKH
The Western Sumi Kukami Hoho (WSKH) has said it opposes the attempt by the central government to implement Uniform Civil Code (UCC) and that the hoho would not accept imposition of the UCC in Nagaland.
“The Law Commission must understand that implementation of UCC would infringe upon Article 371 (A), a special provision granted to Nagaland and its people and therefore Nagaland should be exempted from it. The law if enacted would have a serious effect on religious, customary practices and traditions of the Nagas,” WSKH stated in a press release.
Stating that India is a secular country where nobody can interfere in the religion and religious practices or customs and traditions of any person, the hoho urged the Law Commission to carefully examine the feasibility of UCC throughout country. Otherwise, it could seriously threaten the unity and diversity of the country, it stated.
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CPO joins chorus of dissent against Uniform Civil Code