Resolutions on the Uniform Civil Code (UCC) and amendment to the Forest Conservative Act (FCA) 2023 are scheduled to be adopted at the second day (Tuesday) of the second session of the 14th Nagaland Legislative Assembly (NLA) which began on Monday. NLA Speaker Sharingain Longkumer informed this to the house after the matters were discussed on the floor of the house.
He said the decision was taken after members from various political parties shared their views and opinions on the two issues listed to be discussed under ‘matters of urgent public importance’.
Earlier , giving the concluding remarks on UCC , leader of the house and chief minister Neiphiu Rio said “ keeping in view the consultations with various stakeholders and after examining the apparent spirit and intent of the Uniform Civil Code, and taking into account the constitutional guarantees given to the state and its people under Article 371 A, there is a clear urgency for this House, which represents the voice of the people of the state, to convey our explicit position on the subject.”
He reminded the House that sensing the gravity and urgency of the matter, especially with respect to the people, the state government, through a Cabinet decision, submitted its views to the 22nd Law Commission on July 4, 2023.
Rio pointed out that the government had conveyed its unambiguous opinion on the implementation of UCC in Nagaland and categorically submitted that the state should be completely exempted from its purview on the grounds that the history of Nagaland was provided certain protection since the British era through the Bengal Eastern Frontier Regulations of 1873; the 9-point Agreement of 1947 on assurance of non-interference policy of Government of India in the social and religious practices and customary laws of the people ; and the 16-point Agreement that eventually led to the creation of Nagaland while providing constitutional safeguards for the people of Nagaland in terms of religious or social practices, Naga customary laws and practices, administration of civil and criminal justice involving customary laws and ownership and transfer of land and its resources.
The chief minister said the apparent objective of the UCC was to have a single law on personal matters such as marriage and divorce, custody and guardianship, adoption and maintenance, succession and inheritance, across the country, for all communities and religious groups.
He mentioned that Nagas viewed that such a law would pose a threat to Naga customary laws, social practices and the religious practices, which would be in danger of encroachment in the event of imposition of the UCC. He said this was also made very clear in the petition by the state Cabinet which held that “such an approach is a direct threat to the practice of our Customary Laws, Social Practices and the Religious Practices”.
Rio observed that it was amply clear that UCC would have far-reaching implications across all sections and communities of the state, and hence the government felt it necessary to have more broad-based deliberations and involve all stakeholders to gather their views and opinion.
Accordingly, a consultative meeting with various stakeholders was organised on September 1 with representatives of tribal hohos and organisations where the latter expressed their strong resentment and objection to the UCC.
He recalled his meeting with former Union Minister for Law and Justice Kiren Rijiju on July 4, 2023 wherein the latter shared a draft of the observations and views of the Centre on UCC where it was mentioned that the introduction of the code, which was statutory in nature, “should not affect the constitutional provisions and guarantees that Nagaland and its people enjoy”.
Rio also apprised the House about the meeting between his entourage comprising of cabinet ministers, speaker, member of Rajya Sabha with Union Home Minister Amit Shah on July 5, 2023 where Shah categorically mentioned that UCC would not be applicable to the Scheduled Tribes of Nagaland and the Northeast.
In this regard, he said Shah proposed that the House unanimously adopt and pass a resolution for exemption of the state from the proposed UCC.
Earlier, initiating the discussion on UCC, NPF Legislative Party leader Kuzholuzo Nienu cautioned that while rights and equality of citizens and national integration on the other were important, any attempt to force it on the diverse communities across the country would be futile and counterproductive.
Azo said UCC was a direct threat to the fabric of a communitarian tribal ethos and values and imposing it on the Nagas was to dismiss “our culture as primitive, uncivilised, inhuman, besides questioning our ability to find a solution from within to address human problems including rights and equality and to contribute to nation building at large”.
He termed UCC as a “subject matter propounded by BJP (RSS) which was deeply rooted in Hindutva, it is the foundation for totalitarian rule by a dictator, we must remember Uniform Law and Dictatorship are two sides of a coin”.
Reminding members that in the past, only dictators had enforced uniform law,Azo cautioned that UCC would remove pluralism and diversity and thereby fulfil BJP’s“one nation, one religion and one culture” dream, meaning the country was heading for a dictatorship rule if UCC was enforced.
Although the Union Home Minister had given verbal assurance to the chief minister and his cabinet, Azo still urged members not to rely on verbal assurances and called for passing a resolution rejecting the Bill in toto during the ongoing Session.
Joining the discussion, LJP (RV) legislator Dr A Sukhato Sema observed that since UCC was still in the initial stage of implementation, it would be easier to be prevent the same from being implemented in Nagaland.
Power and Parliamentary Affairs minister KG Kenye asserted that the laws and regulations framed by the British, including the Bengal Eastern Frontier Regulation of 1873, taking into consideration the unique cultural and social practices of Nagas had protected the people for over 150 years.
He maintained that laws meant for the mainland should not affect the tribals and smaller communities in the country.
BJP legislator and adviser I&PR, S& WC Imkong L Imchen admitted that there were some “grey areas” in the UCC where Nagas might face inconvenience once it was introduced.
NPF legislator Achumbemo Kikon, suggested that the House find out the best possible option for the people on sensitive issues like the UCC that needed thorough analysis and put across ideas.
He cautioned that past experiences such as Municipal Act of 2001 which was passed without thorough discussion in the Assembly had to be repealed earlier this year.
Others who also participated in the discussion included- NCP legislator Picto Shohe, Independent legislator Dr Neisatuo Mero, adviser excise, labour & employment and skill development, Moatoshi Longkumer; Adviser FC&S KT Sukhalu and NPP legislator Nuklutoshi.
Discussion on FCA
On the Forest Conservative Act (FCA) 2023, leader of the house and chief minister Neiphiu Rio in his closing remark said the Act was enacted by the government of India with a view to keep a check on rampant diversion of Forest lands by the states for various purposes thereby impacting ecological security.
He said the act amended that the diversion of forest land for any known forestry purpose, prior permission of the central government would be required.
While appreciating all the participants for taking keen interest in the discussion, Rio hoped that although all the members could not speak, everyone was in agreement to whatever had been discussed because for tribals like Nagas, land and forest, known as resources, belongs to the people which had been recognised by the British colonials and also by the government of India which were placed under Article 317(A).
However, he said, because of the Naga political movement, the people were unable to do what they needed to do at home and everybody was talking about politics. But politics without land and resources would land the people in trouble, Rio said.
Drawing the attention of the House to clause 12 of the 16 Point Agreement which speaks about the forest and contiguous areas which was to be transferred to Nagaland, Rio said the Naga delegation discussed the question of the reserved forest and the contiguous areas inhabited by the Nagas.
Displaying a 1925 map to the House, Rio pointed out that Nagas did not agree to the map that was drawn during that time which hasn’t been redrawn even in 60 years.
He said many Naga villages had also come up in the so-called ‘disputed areas’, occupied while administrative centres had also been created, including districts like Niuland had been created.
However, in the displayed map, those areas were outside Nagaland and although all these issues had been discussed time and again at the official level, cabinet, the maps had not been updated.
He questioned the HoDs and AHoDs why the maps had not been updated and why those people incharge were not doing their homework.
Compared to Assam, Nagaland was less in population and therefore had only occupied only a few villages which also were more in number compared to Assam. He said those villages on the other side were occupied not just by the indigenous people but illegal immigrants were also being brought and placed in between to occupy the land.
He said indication issue was a lie but the transfer of forest was not just forgotten but even given up.
He pointed out that there was a Supreme Court case going on in the border issue and therefore asked the border department and bureaucrats about how much documents and record they have on this issue.
CM said he had been talking about this issue on several occasions and that the issue should be taken up very seriously.
He suggested that wherever Nagas had inhabited, the village names should be given along with marking since there were no such markings in the displayed map.
Obituary references: Earlier, the speaker and chief minister made an obituary reference to Noke Wangnao, former minister and current member of NLA who expired on August 28 this year and former MLA Manwai Awang, who expired on July 7, 2023.
The members observed a minute-long silence in honour of the departed soul and conveyed condolences to the bereaved family.