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DIMAPUR — The Ex-Parliamentarian’s Association of Nagaland (Ex-PAN) has expressed grave concern that should the Uniform Civil Code (UCC) become law, then it would have far-reaching consequences on the Naga society.
The EX-PAN in a representation to Justice Ritu Raj Awasthi, Head of Commission, 22nd Law Commission, stated that application of UCC to the state of Nagaland will contravene and negate the provisions of Article 371(A) and Naga way of life.
[bsa_pro_ad_space id=1]While urging the commission to maintain status quo on UCC, the association stated that since time immemorial, the people in every Naga village have been governed by laws based on their unique traditional customary laws.
This customary legal system of the Nagas have been appreciated and recognised, so much so, that it has been enshrined in the Constitution of India under Article 371 (A), which provides special guarantees to the Nagas in respect of religious or social practices and Naga customary law and procedure, it stated.
The association also reminded that the 16-Point Agreement through which the State of Nagaland was created, has many provisions including a special provision for continuation of the ‘Naga Customary Law and Procedure,’ which was incorporated in the form of Article 371A in part XXI of the Constitution of India.
“The Nagas believe and trust upon this provision of the Constitution of India and have abided by this Agreement that created the State of Nagaland. It would be sheer disregard, disrespect and contempt of the solemn agreement that was signed between the Nagas and the Government of India, if we implement a UCC that would over-rule and destabilise the existing status quo,” the association stated.
Besides, the issues UCC would principally focus upon - individual and community (social) rights and duties, matters of land and property, marriage and divorce and disputes encompassing adoption, inheritance etc –all have been amply taken care of within the gambit of customary laws, it stated.
It also informed that every Naga village has an established council of village elders or a Gaon Bora Court to deliberate and adjudicate the cases. At the higher administrative level, there is the Dobashi Court to deal with appeals under the customary laws.
It went on to state that the decisions taken in DB court have been upheld by the High Court as well as the Supreme Court of India.