No guarantee that Article 371A will be kept intact — Speakers

Dimapur, Aug. 6 (EMN): Taking a cue from Kashmir experience, resource speakers were of the view that there is no guarantee that Article 371A would be kept intact when even an article signed between two sovereign entities like that of 370 could be abrogated easily.

The resource speakers made this remarks during the 16th Morung Dialogue organised by the Naga People’s Movement for Human Rights (NPMHR), Delhi, through a webinar on the theme “Asymmetric federalism and the role of the Governor of Nagaland” on August 5. The event was a follow-up of the earlier dialogue on ‘Naga peoples’ aspiration and law and order’ in light of the Governor’s letter to the chief minister of Nagaland.

The resource speakers included Tapan Bose, human rights defender, screenwriter and documentary filmmaker; Chanmayo J Aier, administrator of Charis High Academy, Chumoukedima; and Anuradha Bhasin from Kashmir Times.

An update from the convenor of NPMHR Delhi Sector Guangpuanang Kahmei stated that

Bose set the ground for the discussion by revisiting the Governor’s letter. He said, ‘the governor has painted the Naga issue as a law and order problem and used words and phrases like armed gangs, criminals freely roaming around doing all kinds of illegal activities.’ Pointing out that the Governor even went on to warn the state that he would control allocation of development funds, writing assessment reports etc. thereby taking control of governance, this, according to Bose, is reducing ‘Democracy to Governor’s Rule.’

Bose said that ‘asymmetric federalism’ is enjoyed by about 11 states in India. Like 371A is for Nagaland, other states enjoy certain special rights under different articles of the constitution. Some of the rights under 371 A included Nagaland's right to decide what kind of central law extends to the state, complete control over customary laws, culture, language etc. He also stated that under Article 371A, a criminal can also be tried according to the customary law of the land adding the same constitution under Article 371 A (1) (b) also provided special responsibility to the Governor that undermines the elected representatives.

He went on to state that under the current dispensation, there is no regard for the constitution. Even as article signed between two sovereign entities like that of 370 could be abrogated easily, Bose was of the view that there is no guarantee that Article 371A would be kept intact. According to Bose, the Governor’s intention to take over day-to-day function of the state shows the inability of the Indian government to proceed with the peace process.

Chanmayo J Aier expressed inability to comprehend how the interlocutor could also be the Governor. She stated that the double-role of Ravi has compounded problems instead of solving the issue. She queried as to how the governor would ever parley with Naga political groups again whom he has painted as ‘armed gangs.’

The ultimatum to sign the agreement in three months’ time in 2019 was painful and does not inspire confidence, she said adding the Kashmir issue has created even more doubts. “The notion that the fate of 370 will not happen to 371A despite many assurances, is hard to trust,” Aier stated.
Despite all the problems and issues faced by the Nagas today, Aier was still positive that the Naga people would rise to the occasion. This, she said, is exemplified in how people and the villages are responding to the Covid-19 pandemic. As the government struggled to contain Covid-19, the Naga public joined hands together and has been very resilient, she shared.

According to her, the people still trust the leadership even after so many rounds of talk and the general public not knowing what exactly is being negotiated. She hoped that the Covid-19 pandemic would be taken as an opportunity to bring about unity between all the Naga political groups.

Anuradha Bhasin related the Kashmir experience to the situation prevailing in the Northeast in general and Nagas in particular. According to her, what happened in Kashmir last year would have a bearing on the rest of India particularly the Northeast as it has similar history of armed conflict and aspiration of the people to protect the local identities and resources.

In the lead up to the abrogation of Article 370, Bhasin said, “the Government tried to dis-empower the people politically, socially and economically” and shared how there was a sudden pause to talks, the Governor’s power was increased, and the centre encroached in local politics. He stated that the local governments too were dissolved less than a year prior to the abrogation and subsequently the legislature was dissolved giving all power to the Governor and all democratic spaces were closed down.

It was followed by locking up the entire mainstream leadership and crushing and trampling civil liberties and in one year since the abrogation, many laws were amended, Bhasin said. One such change, according to her, was the recent domicile law that allowed outsiders to buy property and settle down, enter state services and institutions and vote in assembly elections. She stated that people who celebrated the creation of the union territory of Leh and Ladakh are today becoming more anxious, wondering whether their tribal rights and land would be protected. She stressed that the J&K experience should be a lesson especially for the people of North-East. “The diversity in Northeast is used by the centre to divide the people more,” Bhasin added.

The speech from the resource persons was followed with an interactive session. On the question of drawing the Kashmir experience to discuss the undercurrents of the Naga issue, Bose, taking cue from Bhasin’s remark, pointed out that New Delhi used different communities in J&K to politically exploit the people right from the beginning. According to him, the same had happened in Nagaland by promoting differences between tribes and the different political groups. He added saying that, “After the Abrogation of 370, they removed the provision that protected the people of Kashmir and today anyone can settle in Kashmir with land entitlement. The big corporates are brought in by the government in the name of development and the locals cannot compete with the big corporates. Today, Nagaland enjoys similar provision under 371 A. Patkai hills are known to be extremely mineral rich and the rain forests are commercially very attractive. Collapsing of the peace process can bring about removal of 371 A.”

Bose was concerned that the same could be done to Nagaland. Stating that the government is virtually bankrupt with corruption, he said the only thing the government could provide to their masters (i.e. industrialists and corporate) are resources and virgin forests. He, therefore, suggested that the political groups, civil society organisations and the people should strongly organise itself to make sure that the government does not repeat a Kashmir in Nagaland.

Aier supplemented by stating that attempts were made to give away the land, resources and forest to the big corporates. She insisted that it is important for the Naga people to keep a vigil by carrying out their duty with diligence.

Chuba Ozukum, former president of the Naga Hoho, also expressed anguish of the public that have heightened in the midst of the Covid pandemic due to several recent incidents such as the intrusion of the state into the private affairs of the Naga kitchen and dictating what should be consumed and the profiling of state government employees being conducted.

A question was put forth by a participant on whether a President’s Rule is mandated due to systemic failure of all sorts in Nagaland, where the elected representatives do not have any control, the prevalence of rampant mismanagement of public funds, back door appointments, illegal collection of taxes etc.

To this Bose responded with a Bengali proverb which says, “Build a canal, bring in the crocodile and then you cry.”

He cited an example of a boy killed in Kohima apparently for extortion. According to Bose, he should have been arrested and not gunned down. By doing that, the Governor has subverted the peace process and created a Frankenstein's monster, Bose said. He alleged that the massive extortion and taxation happening in the Naga society today was created by the Indian government by empowering various political groups.

Bose categorically stated that President's Rule would not solve the issue but make the issue worse. Bose was also concerned about people in society who compromise for the love of power beyond their due.

“Society at large should be cautious about such individuals,” he warned.
Any kind of constitutional guarantee is not a permanent guarantee under the current dispensation, according to Bose. As the peace process is still in a good lane, he urged the civil societies to support in unequivocal terms.

“The constitution and the flag are more than cultural symbols and represent the struggles of the Nagas. The agreement should form the constitution of Nagaland. This can form the architecture of a more democratic governance model of the state as well as the relationship between the Centre and Nagas. It even holds the hope of being a model that others may learn from,” Bose said.

The dialogue concluded with closing remarks from Aier saying, “The Nagas should harness the spirit of love and respect for each other and live together.” Bose was hopeful that the long struggle of the Nagas would bring forth its fruit.