The seizure of a Great Barbet from Porba village has brought the question of Nagaland’s customary practices and wildlife protection into focus, with the Porbami Youth Organisation invoking Article 371A of the Constitution and demanding the bird’s immediate return.
In a press release issued on September 15, the organisation said the Great Barbet was taken from Porba village on September 14 and maintained that the keeping and rearing of such birds has been associated with longstanding traditional and social practices in the community.
The organisation said the birds were traditionally not reared for killing or consumption, but were valued for their presence, companionship and distinctive call, which it described as part of the community’s daily agricultural life.
According to the organisation, the bird’s morning call traditionally signals the beginning of the day’s activities and reminds farmers to proceed to their fields. Its midday call serves as a reminder to pause for rest and lunch, while its evening call signals the approaching end of agricultural activities and reminds farmers to return home.
It further said that for elderly persons, sick persons, children and others unable to accompany farmers to the fields, the familiar call of the bird provides companionship and a connection to the daily rhythm of village life.
The youth organisation argued that such longstanding community practices should not be dismissed without understanding their cultural and social context, citing Article 371A of the Constitution, which provides special protection in respect of, among other matters, the religious or social practices of the Nagas and Naga customary law and procedure.
“Therefore, where an action of the authorities affects a longstanding customary or social practice, the authorities must carefully examine the constitutional and legal implications rather than mechanically applying a provision without considering the specific circumstances of Nagaland,” the organisation stated.
At the same time, the Porbami Youth Organisation said it recognised the importance of wildlife conservation and biodiversity protection, stressing that its demand was not for the destruction or commercial exploitation of wildlife.
The issue arose in connection with the detention and questioning of Porba resident Vezhoto Hesuh by the Department of Environment, Forest & Climate Change, Nagaland, over photographs and videos posted on his personal Facebook page, according to the organisation.
The posts, it said, included a video showing Hesuh offering a sweet to a monkey while in Assam, another showing him admiring a Great Barbet kept in a cage and traditionally reared by a person at Porba, and a photograph of a Spotted Owlet perched on his shoulder.
The organisation questioned whether the posting of such photographs and videos, without establishing the circumstances in which the animals or birds were acquired, possessed or kept, could justify the action taken against Hesuh.
It demanded that if any offence was alleged, the department should disclose the specific provision of law allegedly violated, the facts constituting the violation and the legal basis for the action.
The organisation also alleged that Rs 1 lakh was demanded for Hesuh’s release and called for an impartial inquiry into the allegation. It said any demand for money as a condition for release would raise “grave questions” regarding the conduct of those responsible.
Beyond the individual case, the organisation highlighted what it described as Porba’s longstanding community role in protecting biodiversity. It said the village youth organisation maintains a 24-hour community response and monitoring system against activities threatening wildlife and the environment.
Its volunteers, it said, monitor and discourage illegal hunting and trapping, destructive fishing using chemicals or batteries, indiscriminate collection of forest resources, forest burning, habitat destruction and other activities affecting biodiversity.
The organisation said these efforts were undertaken voluntarily and called for the authorities to recognise the community’s role in protecting the natural environment and biodiversity of its ancestral land.
It has demanded the immediate and unconditional release of Vezhoto Hesuh without any monetary demand and the immediate return of the Great Barbet taken from Porba village.