Nagaland heaves a great sigh of relief. This relief however, as we all know is only interim. The larger and transcending issue still remains unresolved. The logical step to follow could be a series of consultations and discussions. Threadbare discussion can only be meaningful when there is clear understanding and enlightened awareness among the stakeholders. The spell of agitations in the past few weeks witnessed enthusiastic mass participation transcending across age, tribe, and gender. However there still seems to be a distinct confusion over the participants’ level of awareness on the gravity of the issue, even as life returns to normalcy with the impasse diffused and dispersed. As a concerned citizen, I seek to present my personal views and opinion through this write up concerning those core issues identified.
The contentious Act
I am most certain many would agree that a cursory glance at the said act reveals more potentially troublesome provisions in addition to those on taxation. Some of which are as under,
a) Section 2(30) defines “nuisance” which includes “annoyance or offence to the sense of smell”. Silly and frivolous though it may appear, this definition may well be misused to meddle with the cooking pot of any Naga by anyone with a mischievous intent.
b) Section 123 talks about the rate of tax on land and buildings. Despite the 3rd amendment Act of 2016 omitting sub-clause 1(a) of Section 120 and anything related to it, this particular section which saw only a word being substituted only leads to confusion.
c) Section 444(1) provides for regulation of places for public bathing. On skimming through the sub-clauses there-under, it does appear that this particular provision has been designed to suit the needs of a Hindu ritualistic bathing which are quite common in other parts of the country dominated by Hindus. As far as the Nagas are concerned, pardon my ignorance but except for the community fishing and the practise of bathing by the relatives of a departed on a river bank, I don’t think we have any such ritual involving public bathing. And even the aforementioned rituals are rarely practiced today. Almost all the churches have a tank in their premises for baptism.
d) Section 200 provides that the government can exempt any person/property or class of person/property from paying any kind of tax. In addition to nepotism this can be misused to induce feeling of segregation and hatred. Say for instance, the powers that be mischievously decide to exclusively exempt the Ao in Mokokchung, Lotha in Wokha, Sumi in Zunheboto, Angami in Kohima and so on; thus triggering a feeling of alienation and providing grounds to divide and rule.
e) Section 456 provides for “cattle ponds”. Though a Gandhian directive principle, ponds for cattle may not be necessary here in Nagaland where one would rather consume the beef!
f) Section 460(1)(a) ii prohibits carrying of meat exposed to public view. Already in place at most parts of the country including the metro cities; might be in the interest of public hygiene but this provision is an insult to the Nagas to say the least. Meat and its possession hold a symbolic significance in our Naga culture. Some Nagas are even known to be very particular about how the meat pieces should be displayed in public on any given occasion. This provision only serves to fulfil the Hindu mindset of purity and profanity. Even in the UK, the Hindu Diaspora has been successfully rallying against the alleged use of animal fat in the manufacture of Bank of England’s polymer notes. Such is the hypocritical disposition to take undue advantage of liberal civility.
g) Section 460(1)(d) this provision prohibits burial/burning of corpses at places other than the designated places for that purpose. Many Nagas are known to bury the remains of their loved ones in their own premises.
h) Section 460(1)(f) provides that one cannot store cow dung manure without the written permission from the executive officer of the concerned municipality. This could definitely offend the flower enthusiasts and the kitchen gardeners.
I believe there will be more such provisions that not only portend to bring misunderstanding and chaos, but could also provide avenue for corruption and monopolistic practice to any conniving opportunist. It indicates that the NMA, 2001 is the product of a shoddy act of plagiarism, drawn from a one designed for a society definitely alien to the Nagas. Law can be considered mechanical, prone to be manoeuvred; we come across many instances where the provisions of laws are invoked in order to cause harassment even over frivolous matters - and only leading to wastage of time, money and peace of mind. The incumbent commissioner of Dimapur police upon taking up his assignment remarked “all the laws are products of social requirements and exist to serve the people, to maintain peace and order in society.” Indeed it is, but in a heterogeneous nation like ours, regional and ecological constraints also need sincere consideration. Thus for a law to be in consonance with a particular society, it is expected for the intellectuals therein to provide the heart and soul, the bureaucrats and technocrats to provide the flesh and bones, and finally for the legislators to breathe life into it through the process of enactment.
It is my speculation, considering the wave of thought driven by a spirit of misplaced nationalism that currently prevails at the centre and across the country. The present circumstances indicate a precarious situation where we’re looking at a political dispensation driven by right wing ideology laced with cut throat motivation for profit out of a water tight resource consideration. Ecologically constrained laws and safeguards are being looked at as bottlenecks on the way to economic progress and global invincibility. Unity in diversity is being attempted to be replaced by enforced uniformity. Some may try to dismiss this as frivolous but the constitutional safeguard over ownership of land and property is very much a huge bone of contention for those investors with profit in mind. Ownership over land is perhaps the basis of our identity as a distinct society. Not only the cultural and traditional but also the day to day practices has always been an exotic irritation to the mainstream majority who would be more than happy to rid us all off, the recalcitrant lot. The central government’s agenda to relocate the Hindu refugees from neighbouring countries is another major concern for a region already reeling under threat of socio-economic annihilation at the hands of ever increasing Bangladeshi immigrants. The neglected North-East has always been a soft target for majoritarian interests, much of which is also attributable to the local leaders with questionable character and integrity. Also as an afterthought, say for instance, by virtue of the legal doctrine of precedent, dilution of Article 371-A can be used as the precedent to meddle upon the more juicy issue like Article 370. The dramatic run up in the Parliament leading to the enactment of the Aadhar Act, 2016 is a classic example of the present dispensation’s determination to execute its agenda, which can be both progressive and regressive.
And finally regarding what has been nationally projected as the crux of the present crisis - gender and patriarchy. It is interesting to note that we already have 25% gender based reservation in the VDBs, which of course is very much an internal arrangement outside the purview of PRIs. This shows that there is very much a scope for a gender sensitive institutional arrangement at different levels well within our traditional domain as well as within the constitutional safeguard. Having said this, the lack of space for gender dimension in our social narrative cannot be discounted. There is indeed a terrible paradox of equality, an impenetrable glass ceiling as is remarked. Union of individual man and woman has been solemnized as a single entity by the institution of marriage; such a union hasn’t happened yet at the collective level. Voices and aspiration of women have either been choked or filtered in varying degrees. Some provision in the Nagaland Municipal (First Amendment) Act, 2006 has been looked as a window of opportunity for the women to break this abstract social barrier. Maybe this explains the pseudo feminist response by the Delhi based Naga scholars to the present crisis. And therefore, the Naga society also need to take this crisis as an opportunity to identify and realise the significance of gender dimension and to accord its due space in our social narratives. It is said that we need to know our past in order to understand who we are; also to appreciate where we are headed towards. It is important that we hold on to the values of our tradition and culture. We also need to introspect from time to time where we stand as a civilisation in the changing sands of time and blend accordingly while retaining the distinct flavour.
Naga society as a whole can no less empathise than anyone how it feels to be voiceless, ignored and dominated. We need to look at things from each other’s perspective in order to better understand one another; in order to understand why we’re angry with one another or how we’ve wronged each other. However we must also remember that we’re first a Naga, and then a man or a woman or a Lotha or a Yimchunger or an Ao or Khiamnungnan or Sumi or Phom and so on. Universalism is a luxury for a marginalised society under constant threat from majoritarianism. The preceding lines appear contradictory, but we’re living in an era that believes “honesty with common sense is the best policy”. Our identity is the sole premise of our uniqueness which must be collectively preserved, as long as distinctions exist in this world.
Skirmishes over political and administrative irregularities in the recent past, including the most recent fall out reiterates the despotic tendency of our political leaders. In the pursuit of self aggrandisement by all and sundry, a harried Nagaland stands just a step away from being reduced to an absolute dystopia. Breakdown of the tenacity over Chief Minister’s chair appears as a battle won, but we already are witness to the developments happening around. It is the professional requirement of a seasoned politician to find opportunity in any eventuality; the motivation in our case however is hopelessly parochial. Even as the change of guard happens, public discourses are rife with apprehension. And very rightly so considering the callous, disconnected and elitist attitude of the individuals supposed to be representing the masses. However, I also believe that it is high time for us to stop victimising ourselves in the political rhetoric. We must move beyond our self perception of naivety and be mature enough to acknowledge our shortcoming. We must realise that this crisis of leadership is our own undoing. These legislators with severe public trust deficit are the very same ones whom we put there in the first place to represent us, to be our voice. Throughout the democratic history of Nagaland under the constitution of India, the Naga perception of electioneering has entirely been on the premise of pork, rum, guns, girls, tribal\range\village\clan diktats, money, and of late, harboured immigrants. The exercise of voting and election ought to be understood with great pride and solemn privilege. It is supposed to be an exercise to voice and determine the vision of the people, as a poignant commemoration of those generations of struggle to break free from the shackles of colonialism - of the body and the mind. But unfortunately we Nagas have a very parochial understanding of it, and so elections for us means nothing different from a wholesale market where we sell ourselves to the highest and most forceful bidder. And these “chosen ones” like a shrewd trader, consider themselves entitled having bought themselves their position and power. This is why even during the present crisis we never saw any of the legislators even bothering to visit his constituency to consult with the people whom he represents. All these could have been prevented had we been a little chaste with our right to exercise the universal adult franchise. Why, I believe it would be a virtuous initiative for the churches to sincerely adopt the clean election campaign much in line with the “true love waits” campaign for the youth, emphasizing on the significance, importance and responsibility of the individual right to vote. We already have realised the importance of the immense responsibility bestowed upon a member of the Nagaland legislative assembly by virtue of Article 371-A of the constitution. We now must understand our responsibility as voters to ensure that we choose responsible individuals of integrity with determined vision for the welfare of the Nagas. Individuals wise enough not to dance to the tune of external forces. Individuals of impeccable character bold enough to own up responsibility for one’s undoing instead of cowering behind hapless subordinates operating under the ambit of rules and procedures. Enlightened individuals to control and rebuke the rent seeking self aggrandising unethical public servants.
Much has been suggested already regarding the need of an institutional mechanism to check the conscience and sanity of the beholders of power and authority. If I may also suggest, I believe we need to provide ourselves a pan-Nagaland tribal organisation constituted by the already existing apex tribal organisations, and duly formalised by virtue of Article 371-A. The Naga legal luminaries can explore the constitutional provision for such a possibility. Such a body could not only be the conscience keeper but also could be a potent platform to promote and ensure inter tribal harmony. If this is of any significance, the February 17th deadline ultimatum to legislators announced under the aegis of the tribal committees, and its subsequent reaction, can also be understood as a potential for an umbrella of apex tribal organisations to act as an effective pressure group. As a consultative body it could also potentially, along with the legal bodies, be instrumental in systematically codifying the Naga customs and traditions. We already have the institution of Dobashi courts as formal custodians of Naga customary law at the elementary level, however there definitely seems to be a vacuum beyond this level. With the complexities arising out of the changing nature of Naga society and settlement patterns, I believe there would be many untold instances already, of administrative and legal confusion arising out of such ambivalence. Such an institution could prove to be more effective, potent and democratic than a Legislative Council, which by its design may only lead to more nepotism and elitism, quite like a rag of tiger skin, if not the toothless tiger. However, in this case also the onus of responsible individuals as representatives ultimately falls on the people. Thus, as highlighted earlier, the fate of our society is entirely upon our own hands. A radical transformation of our mindset only can ensure an honourable contract of authority with responsibility accountability.
I believe the opinion on the issue for reservation is still largely polarised. If at all it matters to anybody, as has been illustrated and indicated earlier in the preceding paragraph, I don’t think there should be any problem with institutional reservation for Naga women in Nagaland, albeit with certain conditionality – that of identity. Such a provision would indeed be absolutely a window of opportunity; but we also need to ensure that this opportunity is not hijacked by non Nagas. Hijacking of a woman’s authority and responsibility by the husband is a matter of another debate, the stress here is on the Naga identity. Choosing a partner is a very personal choice which ought to be duly respected. However it should be the responsibility of the individual as well as the community to ensure any repercussion that threaten to pollute and annihilate are avoided. A thorough study of how the 59 ST Nagaland legislative assembly seats have been systematically divided amongst the indigenous Nagaland tribes may help to give a formula to ensure only genuine Naga women, by blood and marriage, avails the opportunity of reservation. No doubt, I personally have met and known many Naga women of indomitable spirit, both young and old, for whom I have the most sincere respect and admiration. I must honestly admit that I cannot even imagine myself being even as half as what a woman is capable of. At this point, I really wish I was a progressive minded urban mainstream Indian from a nuclear family – rooting wholeheartedly for unfettered gender equality. As Nagas however we’re just not populous and sufficient enough as yet to over look and tolerate a Sonia Gandhi; so Nagaland needs to have conditional women reservation in my opinion.
Lastly, conveying my sincere gratitude and appreciation to all those who have been selflessly working to keep the issue alive even as the crowd disperses. I don’t know about the rest, but I for one am earnestly hoping that the movement will be the catalyst for that transformation which most have been yearning for. May this event be the unfolding of a new chapter in the annals of the Naga society, a chapter towards a better tomorrow!
Thanks for bearing with me thus far, and as I sign off here’s quoting a few couplets from, a poem by James Russell Lowell.
