“All human rights should be enjoyed by all at all times, and no one set of rights can be enjoyed at the expense of other rights” – Amnesty International
Government of India has ratified the following international covenants.
• The International covenant on civil and political Rights
• The International covenant on economic, social and cultural Rights
• The International Covenant on the elimination of all forms of discrimination against women.
Under the constitution of India under article 371 (A) special provisions safe guarding the Land, property and cultural Rights of the Naga people are safe guarded till date. Even article 300 (A) safe guard Rights to property for all. According to the clause on the ‘Right to Property’, “No person shall be deprived of his property save by authority of law”.
But deliberately, by the then political un-mandated government passed the Nagaland Municipal Act 2001 violating both Article 371-A and 300 A of the Constitution.
During that time the guardian and protector of the Constitution, the then Governor gave assent to it, and Nagaland Municipal Act 2001 had been hiding from the eyes of common people in including majority of the law makers (MLA)
Somehow, a copy of the Nagaland municipal act 2001 could be obtained by the citizens of Mokokchung through an official source. Since then, after thorough reading and study of the act and through deliberation, people of Mokokchung submitted a series of memorandum both to the Governor and Chief Minister, including all the members of Nagaland Legislative Assembly.
But the government has given deaf ear to all the memorandum and appeal as if the people of Mokokchung are anti government and anti development.
Ironically, the present Governor recently refused to given assent to the first amendment bill of Nagaland Municipal act 2001 on the ground that Nagaland municipal act 2001 violates the article 243- R and 243- T of the constitution, which means that it is the violation of the international covenant on the elimination of all forms of discrimination against women. The Governor also stated that present formations of municipal bodies are partially illegal and unconstitutional.
But the Governor also failed to see the violations of the international covenant on civil and political right, the international covenant on economic, social and cultural Rights and article 371 A and article 300 A.
Whereas the DAN government has ignored and violated all these rights, but ironically on the questions of delimitations, the DAN government has passed a resolution in support of all these rights during the recently concluded assembly session. As for delimitation, it can be determined basing on the size of population and geographical features.
And where as the DAN government is extending support to the ongoing Indo- Naga political talk, on the other side it fails to protect the rights of the people, in the name of urbanization and high sounding development.
Therefore the pertinent questions are:
• Who is or are the guardian of constitutions and law?
• Government is for whom?
• Can the guardian of constitution violate constitution on his own sweet will?
• On what grounds the violations of human rights and violations of the constitution and law by the custodian of law makers (MLA & MP) can be justified?
At present people of Nagaland are ridiculing the citizens of Mokokchung town, but time will prove in which side you are as stated by Noble laureate archbishop Rev. Desmond Tutu (of South Africa and former president ANC).
“Are you on the side of right or the side of wrong? Are you on the side of justice or on the side of injustice? Are you on of freedom or oppression? It is very clear”.
Once we realize and accept this reality, then it is only a question of whose Rights and for whom?
Moa C. Longkumer, Member
Imkongchuba, Member
Amnesty International
