February 12, 2017

6

opinion/EDITORIAL

Nagaland Post Vol. XXVII NO. 67 Dimapur, Sunday, February 12, 2017

Collective wisdom needed

A

t a time when people needed a resolution to the current impasse between the DAN government headed by chief minister T.R.Zeliang and the various apex Naga tribe organisations, the Nagaland Baptist Church Council (NBCC), perhaps after much thought, got into the act and managed to have both conflicting parties to sign a gentleman’s agreement on January 30,2017 in Chumukedima.

Leaving aside who should be blamed for reneging on the agreement or who has been misinterpreting certain lines in print; the situation in Nagaland today is indeed more than volatile. After the agreement misfired, there were many who felt that the Church (NBCC) should have been very cautious in getting itself involved in the conflict. This was so because, there was no meeting point unless either of the two sides, agreed to give up their stand. However, instead, the church should have done more and perhaps in the coming days, go further to stamp its impact in the affairs of men. The role of the church in the affairs of men is of paramount importance since the biblical tenets amplify the purpose of the government. Both John the Baptist and Jesus refer to the political concerns of their day. In both the Old and New Testament God’s representatives spoke out against abuse of political power and sought just use of power. On the ongoing issue, the apex Naga tribes have made it clear that they will settle for nothing less than the resignation of T.R.Zeliang as the chief minister of Nagaland on moral ground whose handling of the ULB election issue had purportedly precipitated it into a series of incidents including loss of two lives in police firing on January 31. On the other hand, chief minister T.R.Zeliang remains defiant by maintaining that since he enjoys majority support of the DAN legislators in an opposition-less house therefore, there was absolutely no reason even to consider such a demand. Even here there is clear conflict of perceptions between morality versus constitutionality. The chief minister alone cannot be faulted for countering the issue of “high moral ground” with numbers that matter, at least in politics. The hardening of stand between the two opposing sides do not augur well for Nagaland as it could only further complicate matters and invite unwanted situations. There are many people who continue to pray everyday, some constantly for all sides so that each of them will humble down and agree to disagree but do the best for the rest. It is easy to expect easy and early solution as it appears that the present situation does not offer that opportunity after the failed January 30 agreement.

Resolution is not simple and neither easy but it can still be achieved if a conducive environment can be created. One of the need is for restraint on the part of some people, who express their freedom too freely without a thought to the damage done to Nagaland, its traditional institutions and its people.

Due to the inclination and also influence of such write ups, the Indian mainstream media projected the entire issue as denial of rights to Naga women by the “traditionalist Naga males” who have been accused of even going to the extent of using violence. This is indeed a gross misrepresentation and a disservice to the Nagas, that include both men and women. Every citizen of the state is obligated to give positive inputs to encourage collective wisdom to resolve the matter.

DailyDevotion Is Your Mind Stayed on God?

You will keep him in perfect peace, whose mind is stayed on You, because he trusts in You. —Isaiah 26:3 Is your mind stayed on God or is it starved? Starvation of the mind, caused by neglect, is one of the chief sources of exhaustion and weakness in a servant’s life. If you have never used your mind to place yourself before God, begin to do it now. There is no reason to wait for God to come to you. You must turn your thoughts and your eyes away from the face of idols and look to Him and be saved (see Isaiah 45:22).

Your mind is the greatest gift God has given you and it ought to be devoted entirely to Him. You should seek to be “bringing every thought into captivity to the obedience of Christ…” (2 Corinthians 10:5). This will be one of the greatest assets of your faith when a time of trial comes, because then your faith and the Spirit of God will work together. When you have thoughts and ideas that are worthy of credit to God, learn to compare and associate them with all that happens in nature— the rising and the setting of the sun, the shining of the moon and the stars, and the changing of the seasons. You will begin to see that your thoughts are from God as well, and your mind will no longer be at the mercy of your impulsive thinking, but will always be used in service to God. “We have sinned with our fathers…[and]…did not remember…” (Psalm 106:6-7). Then prod your memory and wake up immediately. Don’t say to yourself, “But God is not talking to me right now.” He ought to be. Remember whose you are and whom you serve. Encourage yourself to remember, and your affection for God will increase tenfold. Your mind will no longer be starved, but will be quick and enthusiastic, and your hope will be inexpressibly bright.

Quotes

Experience is one thing you can’t get for nothing.

~ Oscar Wilde

Nagaland Post, Dimapur Sunday, February 12, 2017

Post-mortem

The actions of the government T to save Article 371-A

1. Article 243-T & Part IX-A of the Indian Constitution by 74th amendment inserted in the Constitution of India from the year 1992 providing 33% reservation for a period of 10 years and extended in 2012 for another 10 years. Nagaland was not exempted from the enforcement of this Act. 2. Central Govt. has directed the State Govt. to implement the Act and accordingly the State Govt passed the Nagaland Municipal Act (NMA) in 2001, however, the 33% women reservation was left out from the Act. 3. In 2004 election under Nagaland Municipal Act 2001 was conducted throughout the State except Mokokchung district and without 33% women reservation since 33% women reservation was not there under NMA 2001.

4. In 2005 Miss Khetoli filed a PIL in the Gauhati High Court Kohima Bench and the Single Bench of the Gauhati High Court directed the State Government to insert 33% reservation in the NMA 2001.

5. The State Government complied the Single Bench Gauhati High Court judgement by amending the NMA (Principal Act) in 2006 and 33% women reservation was inserted in the Act. 6. The 33% women reservation was not implemented because the ULB members who were elected in 2004 was for a period of 5 years and therefore their tenure came to an end only in 2009.

7. The Tribal Hohos and other civil societies opposed 33% women reservation and therefore the Government could not hold the election in 2009.

8. The State Cabinet decided to have a consultative meet with all the tribal Hohos and civil societies on 8.10.2010 at Kisama and divided into 2 groups. Group-A dealt on ownership of land and its resources vis-a-visright of the Government for public properties.

Group-B dealt on reservation to ULB and election thereof.

9. In pursuance to the consultative meeting at Kisama on 8-102010, the State Cabinet directed the Urban Development Department to tour all part of the State for necessary consultations and soliciting the views of people.

10. Accordingly, the Urban Development Department conducted tour to the entire state in April 2011 and compiled the findings and submitted to the Govt.

The Department recommended that since people are not in favour of holding elections with 33% women reservation, recommended for women nominees with voting rights in ULBs. 11. The Naga Mothers Association (NMA), Eastern Naga Women Organisation (ENWO)&

Naga Women HohoDimapur (NWHD) gave a representation to the then Chief Minister to implement 33% women reservation in ULBs by holding election. However, the women group are said to have asked by the then Chief Minister to bring court’sorder if they desired to have 33% women reservation.

12. The NMA filed a writ petition in the Gauhati High Court Kohima bench for implementation of the Nagaland Municipal Council Act 2001 with 33% women reservation in the ULBs as passed by the Nagaland Legislative Assembly in 2006.

13. The Single Bench of the Gauhati High Court WP (C) No. 147(K) 2011 judgement delivered on 21-10-2011 directed the State Govt. to hold election to the Municipal & Town Councils and to complete the entire process on or before 20-01-2012. The relevant portion of the judgement is reproduced below -para 36 of the judgement: “Considering the matter in its entirety, the Respondents (i.e.State Government) are directed to hold the elections to the municipal councils and Town Councils and to complete the entire process on or before 20.01.2012”.

14. The State Government appealed to the Gauhati High Court Division Bench and the Division Bench of Gauhati High Court stayed the order of the Single Bench by judgement order dated 31-07-2012.

15. The women group appealed to the Supreme Court through a Special Leave Petition in 2014 challenging the order of the Division Bench Gauhati High Court and also moved in the form of Additional petition against the Assembly resolution dated 22-092012.

16. The Government on its part constituted a Select Committee on 22-03-2012 headed by the then Parliamentary Affairs and Planning & Coordination Minister and submitted its report on 21-092012. The said select Committee was entrusted to scrutinize parliamentary laws for application to Nagaland also submitted its report on 21-09-2012 as directed by the then Chief Minister and legal Advisor that Article 243-T infringe Article 371-A. Accordingly, on 22-09-2012 the Nagaland Legislative Assembly passed a resolution moved by the then Urban Development Minister on the ground that Article 243-T of Part IX-A is not applicable to the State of Nagaland as it infringes Article 371-A. 17. The Supreme Court admitted the SLP of the women group on 5-4-2016 and stayed the decision of the Division Bench pronounced on 31-7-2012. In the SLP petition that has raised ap-

33% reservation for women 33% reservation for women is very much needed where the girl child and women folks are discriminated and prejudice. It is clearly found that in some Muslim countries and in Hindu dominant states the extremis they prejudice and discriminated the girl child and women folks, even up to the extent of not sending them to schools etc. In such countries or states such reservations are badly needed so that the women folk can voice and save guard themselves.

But in a Christian state or country, such reservation is not needed, why because in Christian religion man and women are equal in the eyes of God, more over God does not allow prejudicsm and discrimination of women or in any form of such. That is why Nagaland being a Christian state, we the women folks enjoys equality with men folks rather the man folks treats us as princess and queens of their heart. In Nagaland we go for talents and qualification. One does not see whether one is man or women but chooses according to talents, qualification and achievement of such person. Our men folks are most happy and willing for qualified women folks to participate and stand for election both in municipal and in general election and work together hand in hand for the glory of God and upliftment of the state and the country.

33% Reservation for women though it is not needed in Nagaland it is found that our respected council have shown courtesy and accepted our Indian constitutional directions for such, why because it is for the goodness of the women folks in general.

Toshirenla Ao, Former Miss Nagaland, National Awardee social works

prehension and fear amongst the Nagas is that the argument put forward by the women group states that 74th Amendment (Art. 243T) supersedes Article 371-A. The setting aside of the Division Bench order by the Supreme Court means the order of the Single Benchof the Gauhati High Court stands and the State Government is bound to call election with 33% women reservation.

18. The Government while fighting the case in the Supreme Court did not seat back but conducted series of consultations with various Tribal Hohos and women organizations. In 2016 alone as many as 14 times consultative meetings with the various tribal Hohos and other civil societies including women group were held by the govt.

19. The Senior Advocate in the Supreme Court appearing for the Government opined that the best option is to arrive an amicable agreement with the women group and withdraw the petition by the women group since the State had enacted Nagaland Municipal Act 2001 and implemented by calling the ULB election in 2004. The Assembly resolution was merely an expression of intention to do something and cannot override the principal Act. The Govt. negotiated with the women group to go ahead with the election with 33% women reservation and on the part of the women group to withdraw the case to which they have already submitted withdrawal petition in the Supreme Court.

20. The tribal Hohos and civil societies opposing/agitating the ULB election with 33% women reservation has compelled the Government to declare the 21st December 2016 election notification to ULBs as null and void.

21. The issue before the Naga people to decide now is that the court direction to hold election with 33% women reservation still stands and if the Supreme Court pass any judgement interpreting Article 371-A from their own perspective it may endanger the sanctity of the Special provision given to the Nagas.

22. The Government effort is to save and protect Article 371-A from the court’s encroachment, however, by declaring the election null and void has given space for the court to take up the issue and pass any order from their own understanding. In the event of the Supreme Court passing any judgment diluting the provision of Article 371-A, in the near future, the tribal Hohos and other civil societies who are pioneering the present agitation should be held responsible by the Naga people.

Issued by Press Bureau of the Naga People’s Front

The river of no return

he unfortunate events currently taking shape in Nagaland calls for calm and cool contemplation with matured wisdom, if we are to avert further disaster from happening all over again. By now it ought to be sufficiently clear to the State Government that the people have determinedly crossed the river of no return. The situation has become extremely volatile because the subject, rightly or wrongly, revolves around a sensitively guarded Traditional Customary Laws and Practices that is protected under Article 371 A. Enough has been debated on it with varied legal interpretations and does not require repetition.

Instead let us take a dispassionate look at our ground realities: 1. The agreement signed between JCC and the Government of Nagaland represented by the Chief Minister and his Home Minister in the presence of NBCC as a responsible third party witness, on 30th January 2017, was a very serious undertaking for all concerned not to childishly be trifled with. It should have honourably been upheld.

Without doubt reneging on this agreement was the spark that set Nagaland ablaze. The beleaguered Home Minister trying to find that proverbial straw to save his drowning Government and his bearded face by saying: (Quote): “On the hindsight, the lapse on the part of all participants was that it was not discussed as to whether the postponement shall cover the entire State or only those towns/municipalities where the people were protesting against ULB election” (Unquote)[Nagaland Post February 10, 2017] is nothing short of a poor pathetic explanation that does not convince anyone. The need for the above hair splitting exercise was absolutely unnecessary for those with gray matter because the very basis for this coordinated meeting centred on temporarily suspending the ULB election process for two months. The fact that it was ‘not discussed’ was for the obvious reason that the subject covered not part but the entire State as a matter of a principle problem across the board. If Chief Minister and Home Minister were really confused as to whether the agreement covered partial or whole State, the responsible thing to do was to have it clarified from the JCC first before arbitrarily taking such a hasty action without honour and vitiate the atmosphere by tactlessly failing to perceive the foreboding current sweeping the shores even at that time. In this, NBCC as the third party witness ought to also explain their understanding of this agreement for public clarity.

2. Chief Minister was a party to this agreement. It was obligatory on the part of his Cabinet to abide by his decision and

not vote against this agreement under the principle of “Collective responsibility”. Technically speaking therefore this was as good as a “no confidence” vote against him. If for nothing else CM should have honourably and gracefully resigned on this one count alone. Reclaiming the endorsement of his Legislators for his continued leadership is of no real consequence when the talk is about “Moral responsibility” for all the unfortunate incidents that had been perpetuated under his watch leading to the death of our three sons. Remember what Mr. David Cameron, the Prime Minister of England, did after losing the Brexit plebiscite that he was campaigning against? He (not being a power/money hungry Naga), accepted the moral responsibility as an honourable man with principles and gracefully resigned on his own volition despite the full support of his majority Party MPs in the House of Commons and had every right to legally continue. That is what decent people term as a respectable sense of ‘honour’. If there is any “Honour” left in Nagaland we the people must stand together for a change and do the best we can to salvage it from the cesspool where it presently resides...before it finally dissolves.

3. The most glaring aspect in the present trying situation is the non-functional status of the Government machinery which has practically come to a grinding halt for the past 10 days signifying a clear breakdown of law and order situation that has spun out of Government’s control with no immediate end in sight.

Coordinating interactive consultations and discussions with the traditional infrastructure including the Tribal Apex Hohos is the urgent need of the hour. However, judging from the determined stand taken by NTAC/JCC with the full backing of all the Tribal Apex Hohos, this is not about to happen as long as MR. T.R clings on to his rickety chair. Ignoring the traditional time bomb with a short ULB fuse that he has arbitrarily lit is going to make normal governance impossible from this point onwards with potential chaos in the making that could very well cause additional loss of lives in the event of his effort to make the Government machinery function. We are witnessing a fullblown Constitutional breakdown.

This is perhaps more than sufficient a reason for the Governor to consider his prerogative and independently recommend PR based on the dangerous ground reality that is waiting to spiral out of control further if nothing tangible is done. Time is dangerously ticking by.

Khekiye K. Sema IAS (Retd), Upper Forest Colony; Kohima, (kksema@gmail.com)

The games people play through the prism of the 33% reservation for women

(From previous issue) These are some of the searching questions the public wanted the state government to clarify before proceeding with the election. The argument about getting generous fund for development of urban areas from the central funding once the reservation process is completed could not convince the people without further scrutiny, if it compromises on their rights affecting every Naga of both the gender.

The cabinet had on 4th Feb.2017, curiously, decided to send a Memorandum urging the central government to initiate a constitutional amendment to this provision contained in Part IX-A, Art.243 (T) cl3. This is a meaningless exercise to buy time, as the process for any constitutional amendment is a very long drawn process and not likely to be considered for the state of Nagaland alone. In any case everyone knows that sending a Memorandum is not a solution to the current crisis between the people and the state government. Such an irrelevant action will only create further suspicion and mistrust.

The Naga civil societies are genuinely worried and concerned how such an Act would be a compromise to their rights and interests of the future of the Nagas. But the adamant refusal to have the dialogue with the people compounded by the subsequent

u-turn on the tripartite agreement was not expected form a person of authority of the government.

It was the last straw to end the TRUST of the people on the present elected government which is supposed to take care of the welfare and protect the interest of the people. The public anger was spontaneous and uncontrollable leading into avoidable bloodshed and the tragic loss of innocent lives.

The mandator y constitutional provision, under the Art243 (T)cl3(74th Amendment 1992)say that;- not less than one-third (including the seats reserved for SC&ST women) of the total seats shall be reserved for woman. The main purpose of this general directive is to ensure adequate representation for the weaker sections like, the SC, ST and woman uniformly in all the ULBs in the country.

How compatible is the reservation provision with the Naga tradition and customary practices. On critical examination, a question may be asked whether an exception can be possible exempting the applicability of this provision in Nagaland state be justifiable in view of the overriding constitutional guaranteed to the Nagas under Art.371 (A) on any matter relating to the Traditional and customary practices, religious practices, administration of civil and criminal justice and the ownership of land, transfer and its resources.

This is a comprehensive right given to the Nagas to protect preserve and regulate their lives in accordance with their traditions and customs. Though the municipality or Town Council is of modern Institution, it is established within the Naga territory and for the regulation of the lives of the Nagas, so it automatically attracts the right guaranteed. However, strict observance by the state government on the provisions relating to the Woman Reservation in Art.243 (T) clause(3), at the time of the last Amendment to the Municipal Act 2001, may have given an impression that the traditional and customary procedure is inadequate to take

care of Legislative requirement in today’s situation. Nevertheless, the procedure adopted in moving the bill for 33 % reservation for women, and subsequent passing as an amendment to the municipal act was inconsistent with the spirit of the rights guaranteed to the Nagas. Because it is considered as interference to the rights provided. Sadly, the adoption of the amendment by a unanimous resolution in the assembly in November 2016 legitimized its applicability in the State of Nagaland unless a corrective measure is taken in reversing the Act. (To be concluded) T.N.Mannen, IAS (Rtd)

Reader’s Post Sir,

End this turmoil

The deadlock between the government and civil bodies is truly affecting the common people. Children have to appear for their board exams in the next couple of days. Some have to take admission online which is impossible because of ban on internet.

The government salaried people are yet to receive their salaries.

Travellers too will face the onslaught from Monday when movement of vehicles (should the bandh be imposed strictly) would be curtailed. Everything in Nagaland is beginning to come to a standstill with no respite from the sufferings. Churches are praying for peace in Nagaland. Let there be an end to this turmoil for the sake of our beloved state.

Benthunglo K Lotha, Duncan Dimapur

Reader’s note: Articles or letters published in any of the columns do not reflect the view of this newspaper nor that of the Editor in any manner.