Understanding the rule of law is quite essential while drawing the distinction between legality and legitimacy. For instance, the Laws and Policy of Apartheid were considered to be legal by the government of South Africa, and yet their legitimacy was not accepted by the international community. The same can be said about the Armed Forces Special Powers Act (1958), which is legally recognized by the Indian State, but whose legitimacy is being contested by the people themselves. Indeed, the tensions between legitimacy and legality are clear and it has caused a dilemma for the notions of truth, both philosophically and practically. This has resulted in the creating parallel realties that distort the truth.
According to Mahmood Mamdani the two kinds of truth are, ‘truth that brings unresolved tensions to light; and truth that obscures, hides veils, masks the unpleasant facet of reality.’ Tragically a status quo of power promotes and constructs a truth which obscures and suppresses unpleasant aspects of reality. This becomes extremely difficult in the context of conflict where even the issues of conflict are contested.
The Naga context is also faced with the dilemma of legitimacy and legality. Because of the transitionary nature and the protracted political issues that Nagas are faced with, most people are living in between legitimacy and legality. It would not be wrong to say that many people may perhaps choose legitimacy over legality in the Naga context, because of the social relations, the community life and the political aspirations.
However, it is in the chasm of legality and legitimacy that Nagas too are faced with the two kinds of truth that Mamdani talks about. Nagas must choose either the truth that brings unresolved tensions to light, or the truth that obscures the unpleasant facets of reality. Tragically, most Nagas uphold the truth that obscures, rather than the one that gives light. Consequently, this has compounded the problems and has obviously limited the role and capacity of truth as a moral or ethical and political force for transformation. In doing so, the aspects of legitimacy are weakened, and legality begins to receive undue recognition, and further compromises legitimacy.
Rediscovering truth as a light force that scrutinizes everything is critical, because truth is the key to transformation; and truth is what gives legitimacy. It further brings to public expression the consequences of human subjugation and the inequalities that are further intensified by the initial injustice. Truth is not an outcome, but an underlying virtue existing within a process to ensure that all the core issues of contention are addressed in a positive way, so that the ideals of a shared humanity becomes possible. Truth is that attribute which is necessary to create accountability, to enable closure of the past, and to sow the seeds of a justpeace.
For the Nagas, will the truth set them free?
