Contending that imposition of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 was a big threat to Naga customary law and identity, the Naga Students’ Federation (NSF) on Tuesday urged the state government to pass a resolution under Article 371A of the Constitution in the State Legislative Assembly for barring the applicability of Aadhaar Act, 2016 to the state of Nagaland.
In a memorandum addressed to chief minister, NSF president, Kesosul Christopher Ltu, and general secretary, Imtiyapang Imsong, reminded that Art. 371A exempts Nagaland from the applicability of the Acts of Parliament in respect of religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources.
NSF also reminded that the State Legislative Assembly has a special prerogative to decide whether an Act of Parliament should be made applicable to the State. According to the federation, it was the bounden duty of the State Assembly to defend, protect, uphold and advance the sanctity of special status conferred by the Constitution of India. Besides, it said the right to self-determination was the inalienable right of the Nagas.
Imposition of Aadhaar card/UID number, the NSF said was nothing but a direct challenge of privacy threatening even the idea of Nagas right to self-determination. “Imposing of such drastic nationalising policy upon the Nagas pending the final Indo-Naga solution is thus inimical to the process of Indo-Naga Peace Dialogue,” NSF asserted.
Further, the federation said it has noted that enforcement of Aadhaar was aggressively being pursued only in some selected states of Northeast India unlike in the other mainland Indian states for the reasons best known to the Government of India. In the interest of “defending the sanctity of Naga customary law, identity, culture, privacy and right to self-determination”, the NSF has therefore urged the state government to put in place the following resolution as a matter of priority:
1. Declare the Aadhaar Act, 2016 as inimical to Naga customary law, social identity and practice; and
2. Bar the applicability of the Aadhaar Act, 2016 to the state of Nagaland pending the final Indo-Naga solution by resorting to the exemption clause under Article 371A of the Constitution.