Mokokchung, 2 July (MTNews): The Central Nagaland Tribes Council (CNTC), representing the Ao, Lotha, and Sumi tribes, has responded to a Public Notice issued by the Law Commission issued on 14 June 2023. The apex body, acting in the larger interest of the people of Nagaland, expressed its concerns regarding the implementation of a Uniform Civil Code (UCC) in the state.
The Council said that Nagaland being the only state in India born out of a political agreement called the “16 Point Agreement” holds a unique position within the Indian Union. The agreement, signed on 26 July 1960 between the Government of India Representatives and the Naga People’s Convention (NPC), led to the insertion of special provisions in the Indian Constitution known as Article 371A, CNTC said.
Article 371A protects the religious and social practices, customary law and procedure, administration of civil and criminal justice according to Naga customs, and ownership of land and resources in Nagaland. It states that no Act of Parliament shall apply to the state unless the Legislative Assembly of Nagaland decides otherwise through a resolution.
The CNTC recalled how the 21st Law Commission was referred by the Ministry of Law and Justice on 17 June 2016 to ‘examine matters in relation to Uniform Civil Code’ and had brought out a ‘Consultation Paper on Reform of Family Law’ on 31 August 2018.
According to the Consultation paper, “Article 371A contemplates a different treatment to the part of Nagaland in view of the difference between the needs of the social conditions in Nagaland and the various stages of development in different parts of the country.”
Moreover, the council also reminded how the 21st Law Commission, after extensive stakeholder consultations, concluded that a Uniform Civil Code was “undesirable and unnecessary”. It recommended focusing on gender-just reforms within each religion’s family laws, promoting uniformity of rights rather than uniformity of laws.
“Unfortunately, the Union Govt is yet to take any action on recommendations made by 21st Law Commission for the past five years,” the council added.
Stating that Nagaland as a tribal state despite unresolved Indo-Naga political issue has so far managed to progress under the Indian Union owing to the diverse and vibrant nature of the country, the council viewed that imposing untested laws alien to the tribal communities will have severe repercussions.
“Different tribes in Nagaland have their own customs, culture and traditions that have been practiced for centuries bounded by personal laws without any conflict with one another,” the council stated and expressed how the pitch for ‘uniformity and conformity’ is creating deep insecurity particularly among the ethnic, cultural, linguistic and religious minorities that inhabit different parts of the country.
In light of these concerns, the CNTC urged the 22nd Law Commission of India to uphold the idea of India based on Unity in Diversity. They highlighted that the constitutional safeguards provided to Nagaland form the umbilical cord connecting the state with the Indian Union. The council also viewed that any law that overrides these constitutional safeguards would sever the hard-earned connection developed over the past six decades, safeguarding the identity and way of life of the people.
The CNTC stressed that the Constitution of India recognizes and celebrates the diversity and plurality among its people and therefore, the present form of the Uniform Civil Code goes against the fundamental principles that define India.
Western Sumi Kukami Hoho Joins opposition against imposition of UCC in Nagaland
The Western Sumi Kukami Hoho (WSKH), adding its voice to the growing opposition against the Uniform Civil Code (UCC), has vehemently opposed the Central government’s attempt to implement it in Nagaland. The organization declared its refusal to accept the imposition of the UCC, emphasizing the need to protect the special provisions granted to Nagaland and its people under Article 371 (A).
According to the WSKH, the implementation of the UCC would infringe upon Article 371 (A), which safeguards the religious, customary practices, and traditions of Nagaland. The hoho firmly asserted that the proposed law would have a detrimental impact on the religious and cultural practices of the Nagas.
Highlighting the secular nature of India, the WSKH emphasized that no one should interfere in the religious practices, customs, and traditions of any individual. It urged the Law Commission to thoroughly examine the feasibility of implementing the UCC nationwide, considering its potential consequences. The hoho expressed concern that the imposition of a uniform code could pose a significant threat to the unity and diversity of the country.