T. Nungsang Ao
It is rightly said that elections in Nagaland had betrayed and desecrated every value we Nagas held dear in the past. Elections have ruined family and social amity and harmony, created satanic influences in the churches and most individuals have lost their sense of balance, decency and principles. The most recent casualty in the mayhem of electoral vices and abuses is the one sacrosanct Naga customary heritage including customary institutions, laws and practices particularly in Mokukchung district. I, for one, hide my face in shame on daily observing or reading about election-related violence in my home district and among my own tribal kinsman.
Agreed that election can never be totally fair and free especially where supposedly enlightened people exhibit barbaric traits and irrational mentality every time election takes place. However, things have gone beyond the sane limit in most areas of the district. In other districts, the worst kind of electoral mal- practices manifest in the form of proxy voting, mostly verbal intimidations and unfair inducements, monetary and otherwise. But in Mokukchung district, killings, physical attacks, mob violence, arson and wholesome booth-capturing have become rampant. The single biggest cause of such absolutely undemocratic practices in democratic elections is the abuse, distortion and misinterpretation of the essence and spirit of the customary laws and practices. To elaborate, vested interests in many villages, for instance employ the routine method of securing the sanction of the customary institutions or authorities either through persuasion and inducements or by force to declare support or opposition to certain candidates. Side by side, they organise the ‘youths’ (a euphemism for people of all ages who are ready and available at the price to resort to any illegal or criminal act) and employ them to elect or defeat this or that candidate by any means, hooked or crooked. The groups brandishing customary sanctions and youth power call themselves the ‘village parties’ and terrorize those for fair and free elections. The invariable fall out is pre-poll and poll violence, rigging and booth capturing, thus reducing democratic elections to a meaningless charade. This malaise knows no political colours as it affects almost all parties and entities across the political spectrum- Congress, NPF, BJP, independent, et al.
It is relevant to mention here that many villages in the district having ‘official village candidates’ as well as several have declared certain candidates ‘persona-non-grata’ in the village concerned, thereby effectively preventing many candidates and their supporters from exercising their democratic rights as guaranteed by the law., both customary and constitutional. Paradoxically, the manipulators invoke customary sanctions and privileges for virtually subverting and suppressing natural, customary, constitutional and legal rights of individuals during elections. The saddest part is that respected intellectuals and educated, enlightened and progressive members of the community as well as church leaders have chosen to remain silent on the matter which is tantamount to acquiescence with, if not abetment, to illegal activities that being disrepute and disgrace to the community as a whole. It is also ironical that some of the villages reputed to be among the most advanced socially and intellectually. To drive this point home, take the case of Changki, arguably the most advanced village in the district in the field of education with the people hitherto known for their culture and their educated conduct in life. Unfortunately not only for the village but also for the Aos and the Nagas in general, the village credited with several firsts in different walks of life apparently has fallen victim to the malaise of short sighted politicking to settle personal scores and internal issues by mixing customary issues with the modern day electoral arithmetic. The point is, if purely customary issues can be raked up and used as justification for trampling upon democratic principles in the modern election at Changki, the leader in education and a pioneer in Christianity, what else can we expect from the other villages?
The invocation of Ao customary laws and practices to forcibly deprive the twenty-first century individuals of their democratic rights can never be justified nor must it be condoned. The customary laws, practices and usages, evolved and developed since the primeval ages through head hunting, pre- education and pre- Christianity eras, have gone through a lot of adjustments, modifications and even changes in keeping with the relevancy and requirements of the changing times in a dynamic world. Secondly, and more pertinently, the statehood of Nagaland came into being on the basis of the 16 Point Agreement and Article 371 which provides for the protection of Naga customary laws and practices, shall apply to Nagaland unless it is ratified by the state legislature. Acts of parliament pertaining to election has nothing to do with Naga customary laws and practices. Conversely, elections in Nagaland are not conducted as per the provisions of customary practices and usages. Then, the acts or laws governing elections are automatically deemed to have been ratified by the state legislature since elections are the very basis of the existence of the legislature. Thus, the claim by vested interests that customary laws and practices over- ride electoral or constitutional laws and norms is downright preposterous. It is high time that vested interests exploiting and misusing customary institutions and authority for forcibly paralyzing sections of law and beginning from this election, any attempt to undermine electoral rules and norms on the pretext of exercising customary privileges must thwarted by making maximum administrative and security arrangements. Side by side, these vested interested who deny abuse of customary privilege may be made to make good their denials before a high level enquiry. Meanwhile, since some sections of the Naga label the state assembly elections as ‘Indian elections,’ are the government of India, the Election Commission and the Central Observers taking note? Or, are they apathetic and callous as usual to let everything Naga drag, drift and deteriorate to ensure that Nagas commit self-annihilation.
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