Mokokchung, 28 June (MTNews): The Ao Senden has written to the Law Commission of India stating that the state of Nagaland be kept outside the purview of the Uniform Civil Code (UCC) if it is introduced in India. Ao Senden asserted that its application in Nagaland shall be in direct confrontation and shall undermine the Naga customary laws and practices which was recognized and protected under Article 371 A of the Constitution of India “in view of our unique history.”
In its letter, the Ao Senden said that Nagaland is the only state in India which was established through a political agreement known as the 16-Point Agreement signed between the representatives of the government of India and the Naga Peoples’ Convention. It said the agreement was given constitutional guarantee with the insertion of Article 371 A, special provision with respect to the State of Nagaland by the Constitution (Thirteenth Amendment) Act 1962 w.e.f., 01-12-1963.
“Notwithstanding anything in this Constitution, no Act of Parliament in respect of – religious or social practices of the Nagas; Naga customary law and procedure etc shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides,” the Ao Senden quoted the Article in reference. “It is crystal clear that the Naga religious, social practices and Naga customary law and procedure are recognized and protected by Article 371 A of the Constitution of India. It is pertinent to state that the Naga territory was kept as an excluded area from colonial time till statehood,” the Ao Senden added.
The Ao Senden further pointed out that the Nagas have their own well-established customary laws and practices with regard to marriage, divorce, separation, child custody, and inheritance. These laws and practices have been continuously practiced and preserved since time immemorial.
The Ao Senden also mentioned that the majority of the Nagas are Christians, and that holy matrimonies are solemnized in accordance with Christian beliefs and traditions. At the same time, the Ao Senden said that customary oaths, customary rituals, customary advises are administered to the newly wedded couples and which provides customary recognition to the marriage.
The Ao Senden further said that divorces and separations are rare in Naga society, due to the customary sanctions and censures that are imposed. “Upon deaths and divorces, inheritance, division of properties are effectively administered strictly in accordance with the Naga customary laws and practices till date,” it explained.
The Ao Senden by stating that it is his firm belief that Nagaland should be kept outside the purview of the UCC. He argues that the application of the UCC in Nagaland would be in direct confrontation with the Naga customary law and practices, and would undermine the unique history and culture of the Naga people.
The Ao Senden concluded by advocating its firm belief that, in the event the UCC is introduced in India, the state of Nagaland be kept outside of its purview.