We shouldn’t become prisoners of our traditions — Rio

Our Correspondent

Kohima, Aug. 18 (EMN): Nagaland Chief Minister Neiphiu Rio on Wednesday urged the tribal hohos to take the issue of reservation for women in Urban Local Bodies (ULBs) in the right spirit and resolve it so that the elections could be held at the earliest.

He was delivering a keynote address at the consultative meeting with 14 Naga tribes at the State Banquet Hall in Kohima.

The state government had convened a meeting to discuss several pressing issues including reservation for women in ULBs and boundary demarcation of Peren and Dimapur districts.

‘The issue of reservation for women in ULBs has unfortunately turned into an ugly controversy which has drawn sharp emotive reactions,’ stated Rio, adding that some were of the opinion that reservation of seats for women in ULBs is ‘something which impinges on the traditions and customs’.

The consequence, he said, was not being able to hold elections to the ULBs since 2008 and the last effort of the government in 2017 to hold elections resulted in a widespread agitation to the extent of serious law and order problems.

He also informed that the government had in August 2018 constituted a Cabinet sub-committee to study and suggest ways to resolve the issue. However, there was no meaningful progress, he said.

By withholding the ULB election, it is unable to provide town dwellers a meaningful say on important issues impacting their daily lives besides being deprived of substantial grants under the Finance Commission for undertaking developmental activities, he said.

Rio pointed out that towns and cities came into existence only after the British established administrative headquarters. Quoting the senior additional Advocate General of Nagaland, he said, “Municipality is not a traditional customary institution of the Nagas. Hence, the contention that reservation for women in municipality is violative of the rights guaranteed to the Nagas under the article 371-A of the Constitution is devoid of any legal justification”.

“There are some arguments that say the traditions do not allow women in decision making bodies, and therefore, constitutional exemption similar to that granted for our village bodies should be given,” he said, adding that requirement for “33% reservation of women in the ULBs is embedded in the constitution of India by the 74th amendment of the Constitution of India in 1993”.

He said that unlike 73rd amendment dealing with women’s reservation in rural local bodies, there is no exemption for Nagaland or any other NE states.

Rio also highlighted that for a society to progress, it needs new institutions like ULBs.

“We cannot become prisoners of our traditions or let them stand in the way of good modern practices to come in,” he said.

“We cannot on the one hand say that the status of women in Naga society is very good or high and on the other hand say that we will not allow steps to address the near nil representation of women in our decision making elected bodies,” he added.

He also reiterated that everything needs handholding in the initial stage and pointed that women reservation is one, and urged the participants to understand that ‘a time would come, when there will be no need for women reservation in any elected body’.

Further, he pointed out that the Central government had already initiated consultations on the Constitutions (112th Amendment) Bill to enhance women’s reservation up to 50% in the municipalities and was stated to have sought comments from Nagaland.

‘However, it is not in position as 33% reservation for women is yet to be resolved,’ he stated.

Demarcation of boundary

On boundary demarcation between Dimapur and Peren districts, the chief minister said that it is a long-pending need that should be settled amicably. He pointed out that lack of clarity on account of boundary demarcation had been adversely affecting the administration as well as development in the border areas.

He also stated that keeping the issue pending was definitely ‘not in the interest of the people’.

He maintained that the government had in August 2019 constituted a Cabinet Sub-committee headed by the Health minister S Pangnyu Phom to meet all stakeholders, and the committee after due deliberation, had suggested an administrative boundary. Yet he said that reservation was expressed on the proposed demarcation from the people on both sides citing customs and traditions.

He pointed out that the 16 Point Agreement (Clause 8) provides for the tribal council to be an appellate authority for customary laws. In this regard, he maintained that the 14 tribal hohos of Nagaland had been entrusted to meet, discuss and resolve the issue.

He then appealed to the 14 tribal hohos to put in place a mechanism and work with the spirit of unity and understanding to amicably resolve the issue in the greater interest of the Naga people.

Naga Tribunal

Citing the provision given in clause 8 of the 16 Point Agreement, the CM opined that bodies consisting of experts in customary law can help settle many cases that are complex in nature, which would not be easily decided in modern courts.

“This is also an urgent need for documentation and codification of our traditional laws,” he stated, adding that Chakhesang tribe already had it and other tribes also need to do in order to provide clarity on where traditional laws can be invoked.

He added that it would help codify customary laws urgently to avoid any possibility of confusion or overlapping of cases in the wake of the state having a likelihood of its separate High Court.

He maintained that the Naga Tribunal once established would provide a roadmap for the state government on the way forward.

Implementation of RIIN

Recalling the meeting held earlier on April 16 this year, Rio said that Register of Indigenous Inhabitants of Nagaland (RIIN) needs to be implemented to protect the interests and the rights of the Nagas.

“At the same time, we need to ensure that all the rightful citizens of India should not be denied what are justifiably their rights,” he stated.

He pointed out that the decision should not cause any panic, chaos or harassment to anyone or community.

Further, he said every Naga can trace their roots back to their native village and the ancestry will be verified through a four-tiered verification mechanism, after which the person will be registered as an indigenous inhabitant of Nagaland.

He also informed that those non-Naga tribes — Kacharis, Garos, Kukis and Mikirs — who can trace their ancestry to a village, established before Nagaland’s statehood (December 1, 1963) would be entitled to register as indigenous inhabitants of Nagaland.

Whereas for those Indian citizens, who had settled in the state before statehood, most of whom would be in Dimapur, and had continued to live there, would be eligible for permanent residence certificate on the basis of documentary evidence of their stay prior to statehood.

They would be eligible to possess immovable properties and Pre-1940 Gorkha settlers would also be categorised as permanent residents without any denial or deprived of benefits that they were enjoying, he informed.

“The area which was outside the ‘Inner Line’ system in Dimapur district (the Dimapur sub-division of the then Kohima district) was constituted as a tribal belt only on November 21, 1979 by the state government.

“For those residents of Dimapur district who had settled between December 1, 1963- November 11 1979 in the area outside the ‘inner line’, their rights to own immovable property in Dimapur area would need to be protected; and we may issue them temporary resident certificate as well as exemptions from ILP requirements on a case-to-case basis. We may also issue ‘work card’ or ‘work permit’ to those who work long term or business in Nagaland,” pointed Rio.

He also maintained that the state-level committee and district-level sub-committee had also conducted meetings for deliberations on the recommendations of the RIIN Commission.

Institution of Gaon Buras

Rio said that Gaon Buras (GBs) were introduced in Nagaland by the British and appointed under the rules for the administration of justice and police in Naga Hill district, 1937 with defined roles and responsibilities.

He pointed out that the GBs were appointed by the DC of the district to assist in the administration of the village with the term ‘Gaon’ meaning village and ‘Bura’ meaning elders. Yet, he pointed that in the state, as urban centres developed, mostly adjoining to the parent village, the tradition of appointing a GB for these centres also came into being and GBs were appointed in all towns and municipal areas, and they assist the DCs in many ways besides collecting annual house tax.

While appreciating the system of governance, he stated that the role of GBs can’t be the same as in rural villages, which have a homogenous population, and where the GBs are part of the village council. He stated that the nomenclature of Gaon Bura in town itself was an anomaly. Maintaining that house tax collection was revenue, which should go to the municipality, he mooted for relooking into the same for urban areas.

Meeting was progressive – Kronu

Minister Neiba Kronu said after the meeting that the state government had a marathon discussion with civil society organisations, including Eastern Nagaland Public Organisation, Central Nagaland Tribes Council and the Tenyimi Public Organisation.

A press conference was called by Kronu, Advisor Mmhonlumo Kikon and Principal Secretary Abhijit Sinha in Kohima after the consultative meeting which was chaired by Chief Secretary J Alam.

The house discussed all the agenda in the list but no concrete decision was arrived at, it was informed.

Kronu maintained that the views shared by the tribal body representatives were taken note of and would be discussed in depth in the near future. Terming the meeting as “very progressive”, he said formation of civil societies based in Nagaland and political issues were also deliberated.

He said the idea of forming a mass-based civil society in Nagaland was mooted by the participants as it had become a necessity.

While maintaining that the legislators had become ‘closer’ after instating the opposition-less government, he said, “We are all trying our best”.

Kikon also stated that the idea of forming an Apex Naga Hoho was mooted and a decision would be taken in the next meeting.

When asked about discussing women’s reservation without a women representative, he maintained that Wednesday’s meeting had various other agenda and the government’s intent was to have a meeting with all the tribal bodies to begin a series of consultative meetings.

He said that representatives from focus groups, civil societies and stakeholders would be there in the next meeting.

Kronu informed that the government would have proper consultation even with women groups on ULBs. He however reiterated the desire of the government to frame the state’s own modalities and passed in the NLA as an Act. This, he said, would be ‘better’ as both men and women would be given a chance and none would be discriminated against.

On RIIN, it was informed that the tribal hohos had sought more time to study the Banuo Commission report. Abhijit Sinha said that a state-level committee was formed comprising representatives from CNTC, ENPO and TPO and also four non-Naga Schedule Tribes.

He informed that 10 out of 12 districts had held meetings and more meetings would he convened before finalisation.