For the past week, the state of Nagaland, more than every before in recent history, has been confronted with an ideological question. The clash between Naga customary laws and the Indian Constitutional provisions has drawn a line across the state. 

Trouble brewed around the elections of urban local bodies of Nagaland, including the Kohima Municipal Council, which was scheduled for February 1st, 2017. 

The state government decided to conduct the polls with 33% seats reserved for women, in keeping with Part IX of the Constitution, which deals with municipal elections and also 33% reservation for women.

b’There was widespread violence across the state/ Source:PTI’

Widespread protests followed which led to the death of two people while several others suffered injured in clashes between the police and mobs.  For several days groups of people rampaged government properties across the state. 

Why are Naga Tribal bodies protesting against women’s reservation? 

“The Tribal bodies  feel allowing reservation for women in ULBs will infringe on customary laws and also violate Article 371A of the constitution, which grants special status to Nagaland for protection of such laws,” says EM Odyuo of We The Nagas, an online platform which acts as a channel of information for the Nagas, in a telephonic interview with ScoopWhoop News.  

What Does  Article 371 (A) Of The Constitution Say?

Article 371 (A) of the Indian Constitution which says, “Notwithstanding anything in this Constitution, (a) no Act of Parliament in respect of (1) religious or social practices of Nagas, (2) Naga customary law and procedure,(3) and administration of civil and criminal justice involving decisions according to Naga customary law,(4) ownership and transfer of land and its resources, shall apply to the state of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.”

Did the state government fail the people of Nagaland? 

“The present violence and unrest in Nagaland is heart wrenching to witness. No doubt the Government has failed its people, failed people’s trust and failed to protect the identity and rights of the Nagas. But are they solely responsible? Many people have not just blamed the Government but also the Naga Mothers’ Association (NMA) for the present fuss,” says Odyuo. 

b’The Kohima Municipla Council was also torched/ Source: PTI’

What’s Naga Mother’s Association? 

Naga Mother’s Association a non governmental organization working for remedying the social problems of the state. It was formed in 1984 to deal with the drug and alcohol addiction ravaging Nagaland at the time. The Naga Woman’s Association , which has been actively fighting for the rights of women in the state, supported women candidates during the elections. “This is a big blow to us. This is for the betterment of the whole state. we have not elected a woman legislator in the state every since we were granted statehood in 1963,” says Rosemary Dzuvichu, adviser to Naga Mothers’ Association. 

How is Naga Mother’s Association dealing with this? 

In a press release issued on Wednesday, the NMA stated it was unfortunate that the issue of women reservation in municipal election has been ‘misinterpreted.’ It stated that it was aggrieved by the use of force, threats of banishment and ex-communication, including women candidates and forced withdrawal even after filling of nominations.

“Such use of force in a civilized society is condemnable. Joint Action Committee on Women Reservation, which was formed with leaders of NMA, ENWO, WATSU MUNGDANG, NWHD, and TWO demands our constitutional rights as equal citizens as human beings under the constitution and are not confronting or challenging men.

“Therefore, we urge all tribe organizations to ensure that we respect each other and promote a culture of respect for the rule of law and a sense of tolerance for diverse and opposing views.”

Feature Image source: We The Nagas