A panel discussion on “Article 371 A” was organised by Kohima Sümi Students’ Union (KSSU) on Saturday at the auditorium of Mount Olive College, Kohima.
The panellists for the discussion were City Law College Dimapur, principal, P. Leonard Aier, Gauhati High Court Kohima bench, advocate, Zhekheli Zhimomi, former Delhi University professor, Kekhrie Yhome and Kohima Law College, assistant professor, T. Limanochet Jamir.
Kekhrie Yhome said Article 371 A was closely tied to the Naga political movement and it was complicit to the creation of Nagaland state under the 13th Constitutional Amendment Act in 1962.
He said apart from Jammu and Kashmir, Nagaland was the only other Indian state that enjoys exclusive Constitutional Rights outside the purview of parliament of India. Yhome said Article 371 A was like a mini- constitution.
Yhome, who had specialised in “History of thoughts and contemporary continental thoughts system from JNU New Delhi”, said as per the committee report initiated by Farooq Adbdullah in 1999, the constitution of Jammu and Kashmir has been severely stripped of its powers. He said out of 395 Articles under the Constitution of India, the constitution of J& K was obliged to follow 260 Articles.
In regard to Article 371 A, Yhome said whether Article 371 A would have any legal or constitutional powers was a matter of concern since it would hugely redefine Naga rights over their land and resources and protection of cultural practices.
P. Leonard Aier while citing an example of Titanic said it was considered unsinkable but it sank due to negligence of crew members, he said such mistake could happen in regard to Article 371 A if Nagas are not cautious.
Referring to Article 371 A, he said ignorance of the law cannot be an excuse and added that there was a need to know the background of the article as it gives special rights to the Naga people.
For a society to progress he there was a need for economic development, however, Aier said that the economic would never progress if the society was conservative in nature. He said the use natural resources should be for the benefit of the people.
He then termed Article 371 A as a very important article for Naga people as it gives Nagas rights over their land and resources. Aier also deliberated on historical background of Article 371 A in the constitution, application and other related articles.
T. Limanochet Jamir also expressed the need to safeguard Article 371 A as the article can be repealed by the parliament. He said people should protect the Article least gets diluted by different factors.
Zhekheli said that many people including laymen and legal experts have misinterpreted, exploited and misused the Article 371 A in various ways.
She said people should not be carried away by momentary emotional action. Zhekheli also highlighted the various special provisions under Article 371 A, its limitations and applicability.
The programme was chaired by Inakali Zhimomo, invocation prayer was said by Mt. Olive College, Khekali Aye, presidential address was delivered by KSSU president, Hikavi H Kinimi, special song was presented by Mughalivi Chishi, brief highlights in HIV and AIDS was given by NSACS assistant director, Ainato Yeptho while vote of thanks was delivered by KSSU general secretary, Alokito V Awomi. Ngukato K Tsuipu was the programme moderator.