Following the recent decision of the state Cabinet to implement Nagaland Municipal Act, 2001 and to conduct elections to the Urban and Town council, the Naga Hoho have requested the state Government not to notify the cabinet decision till the issue is resolved unanimously with all the stake holders as it infringes the rights of Naga people which had guaranteed under Art 371(A) of the Indian Constitution. Thereafter, much has been written and views and opinions have been shared by many concerned and valued citizens. The Naga Hoho is also constrained to share our views and opinion with the sole objective to safeguard Art. 371(A) of the Indian constitution in matters relating to Nagaland Municipal Act, 2001 vis-à-vis 33% women reservation in the state.
The Naga Hoho being a mass based organization deem fit to make its views clear that Article 371 (A) which may be viewed as collective view of the Nagas as a whole. Naga society being a free and democratic society in nature, everyone is entitled to air his or her own views but when any subject related to common interest is to be touch upon, it will serve us better if one refrains from making any remarks which may be counterproductive to our adversaries.
In other words, the provision kept for us in the Article 371(A) are neither a sudden outburst of an individual nor an imposition of others will on us but it was a spontaneous flow of collective thoughts and aspirations of the Nagas as a whole. This very provision in our humble opinion should be construed harmoniously with special emphasis on the Naga political history and in the context only. This is because this provision although came along with the creation of the Nagaland State but its concept was enveloped through Political revolution much before the Constitution of India came into being. Another aspect which needs to be understood by all Nagas both young and old is that this particular provision was given to us in order to suit our society because our way of life is much more different from the rest of the people of India in every sense of the term. As a result, the special provision of Article 371 (A) which is meant for our people cannot be interpreted like that of the rest of the provisions in the Indian Constitution. Otherwise it will be of no use to specifically INSERT IGNORE this special provision in the Constitution if it is to be interpreted to serve the interest of other communities living within Indian Union. Knowing fully well that Nagas are distinct in all aspects be it in appearances or landholding system or tradition and religion, etc., the Government of India has INSERT IGNOREed the provision of Article 371(A) with a view of its historical and philosophical perspectives. Perhaps, we do not realize that this very provision belongs to us and not to others. What we need to remember is that as of now this provision is the only bond of relationship between Nagas and Indians and nothing more. The people in the state are the stake holder under the provision of 371 (A). Therefore, any Government of the day must consult with the public organization or civil body while interpreting the provision to safeguard the right of the people. Hence the question of consulting the civil bodies in this regard by the Government is required towards fulfilling the aspiration of the people.
Section 120 of the Municipal Act Provides the power to impose Tax. The said section empowers the Municipality to levy inter alia land and building tax within its limit of municipality; Section 120(1) of the Municipal Act provides tax on land and building. Section 120 (3) of the Municipal Act provides the Government will specified the land and building; Section 120 (4) & (5) of the Municipal Act provides the Government may order upon municipality to levy any tax and if fails to carry out, the Government may levy tax; Sections 123, 125, 144, 182, 193 and 194 of the Municipal Act made provisions for levy tax on land, buildings etc.
Unlike the other States in India, the land holding system in the State of Nagaland is different. In the State of Nagaland, the land belongs to the individual/community and village authority. In other words, the private individuals are the owner of the land. The Government is not the landowner. For initiation of developmental activities, the Government acquired the land from the private individuals by way of purchased / paying compensation.
Except Dimapur Mouza which has been declared as cadastral area, there is no patta system in other Districts in the State of Nagaland. Till date, most of the land even in the District Headquarter which comes under municipality belongs to the private individuals. Many individuals constructed their residential building as well as commercial building over the private individual lands and paying land tax to the original land owners. Therefore, to levy tax by the Municipalities over the private owned land would be unconstitutional and against the Naga Customary practice.
No doubt, the buildings that fall under the jurisdiction of Municipalities, maybe liable to pay building tax as well as the individuals residing under the Government land maybe liable for land tax. The existing Municipal Act pertaining the provisions of land and building tax may be applicable in other parts of India where the land belongs to the Government. However, considering the peculiarity of land holding system in Nagaland, the Government need to amend the aforementioned section of the Municipal Act by exempting the private landowner for payment of land tax to the Government. Naga people must ponder on the question of Land and Building tax with all seriousness.
The 33% Reservation for women is just a component of Municipal Act of 2001 and 2006 and therefore this is not the main bone of contention but the sections in the Act which covers Land and Building tax has to be address properly. Ever since the passing of Nagaland Municipal Act, 2001 and as amended in 2006 & 2007, the Naga Hoho along with ENPO submitted a joint Representation to the Hon’ble Chief Minister on 16th March, 2012 and urged upon for initiating necessary Amendment of the 33% women reservation and Sections (Land and Building tax) which were detrimental to the Naga society so as to protect the rights and aspiration of the Naga people.
In response, the twelfth session of the eleventh Nagaland Legislative Assembly on 21st September, 2012 clearly stated that- “whereas, “Having regard to the views of the Nagaland Legislative Assembly on the 33% reservation of seat for women in urban local bodies that emerged during the discussion on the issue held in the House today. The House, therefore, unanimously resolves that part 1XA of the constitution of India be referred to the Assembly Committee under rule 221 A of the rules of procedure in conduct of business in the Nagaland legislative Assembly to examine whether Nagaland should be exempted from the application of part 1XA of the constitution of India with instructions to present its report within six months”
Accordingly, the Committee to scrutinize Parliamentary Laws for Application to Nagaland constituted under Rule 221-A of the Rules of Procedure and conduct of Business in the Nagaland Legislative Assembly had its in depth deliberations on 4th September, 2012 on the issue of 33% reservation of women as provided in Part 1XA of the Constitution of India and is of the consensus view that the 33% reservation of seats for women impinges/infringes on the social and customary practices of the Nagas, the safeguards of which is enshrined in Art.371A of the constitution of India
The Committee further recommended that the “state Govt may legislate its own laws with necessary amendments suitable and in consonance with the social and customary practices of the Naga people as envisaged by Art.371A of the constitution of India.The House therefore, resolved to exempt the operation of Part 1XA of the constitution in the state of Nagaland under Art.371A (1) (a) of the constitution of India.”
It is undoubtedly true that we could not avail the flow of fund from Central Government in terms of development of Municipality and Towns but we should not look upon the fund alone leaving aside the future ramifications. The Naga Hoho strongly feels that the state govt. has failed to review/amend the Municipal Act in consultation with all stake holders despite the resolution passed in the Legislative Assembly in 2012.
Nevertheless, we want women participation in Naga society in all decision making considering their ability and contributions and therefore the Naga Hoho has advocated more empowerment for women. With the current election scenario in Nagaland involving corruption, manipulation and muzzle power, the Naga Hoho feels that women will be compelled to involve in such malpractices, which will totally lead to social degeneration, as the Naga women have played a pivotal role in keeping the society together. Over and above, we are afraid that genuine, capable, honest and deserving women who can bring changes and development to the Municipal and town councils may not be elected with this current trend of election system in Nagaland. We are sure that no Naga man is against the participation of womenfolk in decision making bodies but the only question is only to find out best ways and means in order to accommodate the womenfolk as desired by masses. Instead of pointing fingers as anti-women, male chauvinist or misogynists and medieval age etc, both men and women should refrain from diluting the issues by bringing gender politics but strive towards hammering out the differences in a manner of give and take policy.
Keeping these in mind, the Naga Hoho is of the view that women may be allowed to participate in Municipality through nominations with voting rights and we are open to any percent be it 33% or even more if Naga people so desires. The most talked about part in Article 371A states- “Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of— (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) 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; Unfortunately, we tend to overlook when the subject matter is not one’s interest. Why not a special Session of the State Assembly be summoned immediately for modification/amendment of the Municipal Act?
Communication Cell Naga Hoho
