DIMAPUR, SEP 10 (NPN): Business Owners Forum (BOF), Nagarjan, Dimapur, has objected to the United Colony Council (UCC) Ward 20 resolution seeking to ban business unions and associations within the colony, terming it arbitrary and contrary to constitutional rights.
In a press release, the forum also condemned what it described as threatening and intimidating language allegedly used by individuals associated with the UCC against business owners and shopkeepers who have voluntarily joined BOF.
Stating that such conduct should stop, the forum asserted that pressure, verbal threats and hostile language had no place in a lawful and civil process.
BOF said it was formed by Naga entrepreneurs and remained open to business owners and shopkeepers who share its interests and objectives. It said membership was entirely voluntary and without coercion or compulsion. The forum maintained that it does not interfere with the council’s local or administrative functions or seek to undermine its role in maintaining order and addressing local affairs.
On the constitutional issue, BOF said the council should distinguish between fundamental rights and Article 371A of the Constitution, which provides special constitutional protections for Nagaland in specified matters. The forum contended that Article 371A protects Naga customary practices and institutions, while the UCC was a modern urban administrative arrangement registered with the government on December 19, 2006. It said the council’s status and functioning should therefore be viewed within the framework of Indian law and the Constitution.
Further, BOF said its formation took place in a commercial setting and not within a traditional Naga village. It argued that traditional village institutions, rooted in customary practices, kinship, lineage and traditional leadership, should be distinguished from modern urban administrative bodies. The forum also maintained that the existence of multiple unions and associations cannot by itself justify a blanket prohibition on lawful collective activity. It cited Article 19(1)(c) of the Constitution, which guarantees citizens the right to form associations.
BOF also urged the council to focus on illegal activities and alleged violations of the NLTP Act within its jurisdiction, rather than targeting a lawful business association. It said local authorities should prioritize enforcement against unlawful activities while respecting constitutionally protected rights.
The forum stated that UCC’s resolution cannot override or extinguish a fundamental right and that any blanket prohibition on voluntary associations would be subject to legal challenge.
BOF called upon the UCC to withdraw the resolution. At the same time, BOF said it was not opposed to local authorities and remained willing to engage with stakeholders to address genuine concerns through lawful and proportionate measures. The forum said it would continue to organise business and shopkeeper interests voluntarily and lawfully, while opposing any action it considered contrary to constitutional freedoms and the rule of law.
