The Constitution of any country is drafted by the people of that particular country based on the history, culture and worldviews of the country concerned. Also, in writing the constitution of country, other important factors like religious beliefs, legal systems and land ownership systems etc are written into the framework of that particular country’s constitution. Based on all these facts and factors, a country’s constitution is drafted by its own people for the governance of its own people. The constitution of a country therefore embodies the thoughts and the social systems of a nation. Every country therefore has their own constitution conforming to their own peculiar historical, political and cultural realities and it is unthinkable for one country to be under the constitution of another country. Now, to live under the constitution of another country is to live under the thoughts and systems of another nation. To live under such a condition is to live the rest of one’s life according to somebody else’s thoughts and systems. Such an existence is not living in freedom and liberty but subject hood and subservience.
In the context of Nagaland and India, the constitution of India was not written by the Nagas or by the Indians for the Nagas. In the first place when option was given to the Nagas to either join Pakistan or India, Nagas refused to join either of them because they were neither Muslim Pakistanis nor Hindu/ Muslim Indians. Consistent with this same stand, when the Sub-Committee of the Indian Constituent Assembly met in Shillong in 1946 and the then President of the Naga national Council (NNC) was invited to join the Indian Union, the then President, T. Aliba walked out of the meeting saying: “We, the Nagas, cannot sign our names to be under India. We do not agree with it and we resign.” When the same Committee again visited Kohima in May 1947, the NNC again refused to join the Indian union. They told the Committee that they were already drafting their own Constitution and that they would not subscribe or surrender to the constitution of any other country.
Thus, refusing to be under the constitution of India, Nagas boycotted the first two Indian general elections. And following these events, India, militarily invaded Nagaland and forcefully occupied our lands. However, India was unable to conquer us constitutionally. But tragically some of our own fellow Nagas ran to the constitution of India with their 16 points proposal and got themselves en-grafted into the Constitution of India. As a result, Nagas were condemned to live under the constitution of a foreign country called India with all its heinous laws like the Disturbed area Act, the Armed Forces Special Powers Act etc for all these years.
Now to negotiate for a special status under the Constitution of a foreign country is a most bizarre and even incongruous activity on the part of any people or nation on earth. It is a shameful activity that should be condemned and shunned by any people who have any sense of dignity and self respect. However, in the case of many Naga leaders, they seem to think that India owes them a special and even extraordinary status within the constitution of India. Quite surprisingly the Indian government also under Nehru granted some extra-ordinary privileges under the constitution of India to some of our fellow Nagas . These privileged Naga leaders have enjoyed both protection and positions for all their lives. But there still appears to be some more Naga leaders who are again pleading for even better special privileges than the ones their former colleagues have enjoyed. All such leaders however should remember that the constitution of India was not written for the special existence of the Nagas within the Indian Union. Some of these Naga leaders even seem to think that India owes them an integrated greater Nagaland with special safeguards and even a special flag of their own. These Naga leaders however must remember that long before Article 371 A was INSERT IGNOREed into the constitution of India, there were already other articles in the Indian constitution that had already spelled out that no state boundaries of any state can be altered without the approval and sanction of the state concerned.
Therefore to negotiate or even agitate for a special Naga status of Naga integration within the constitution of India is to waste one’s own time as well as a make a fool of oneself before both the people of India as well as the world. India owes us nothing under her constitution and we also cannot hope to get anything there however much we wriggle or wrangle with the Indian leaders. We should rather, Instead of wasting our time and energies in such wasteful pursuits, turn to our own constitution (Yehzabo) and assert our own rights as a nation before the community of nations. If we do this, we have all the prerequisite political and legal actions in place like the submission of the six memorandums to the British before the transfer of Power in 1947, submission of the ten memorandums to the Indian leaders before modern India was born on 15th August, 1947, declaration of our own independence on 14th August, the Plebiscite of 1952, the adoption of our constitution on Jan.14, 1956 and the establishment of our Federal Government on March 22, 1956. On top of all these records, there is also the unblemished record of our national heroes who have defied the invasion forces of both India and Burma for the past 62 years without surrendering neither to the military might or constitutional powers of either country. With all these stupendous achievements behind us, surely there is a way to our country’s liberty and freedom if we will, but stand united and fight with one common vision and commitment.
In summing up, the following facts must be stated for record:
1. Like any modern nation states in the world, Nagas also have their own Constitution and Government which was established on 14th Jan.1956 and 22nd March 1956.
2. The first article in the Constitution of Nagaland states that “The territory of Nagaland shall comprise of all the lands inhabited by the indigenous Naga tribes…” This territory is over 100,000 sq Km and inhabited by over 54 major tribes and some other sub tribes.
3. Nagas do not recognize any other boundary lines drawn by any other foreign nations across their ancestral lands.
4. The creation of the Indian state of Nagaland by Jawarhalal Nehru and 19 Nagas in 1963 is neither a Naga national act nor wish.
5. The sooner this 16 tribes-16 points-16000 sq Km India’s puppet state of Nagaland is de-recognized by the Naga people and the Indian public, the sooner will dawn a political settlement between the true Nagas and the true Indians.
6. To fight for Naga national rights from within the Constitution of India is to belittle Naga history, geography and rights and make all these noble causes an Indian internal affair under the Indian Government Home Ministry.
7.The place to fight for Naga national rights is not from inside the Constitution of India or the 16 Point Agreement or Article 371A but from outside all these suffocating boxes.
In the context of Nagaland and India, the constitution of India was not written by the Nagas or by the Indians for the Nagas. In the first place when option was given to the Nagas to either join Pakistan or India, Nagas refused to join either of them because they were neither Muslim Pakistanis nor Hindu/ Muslim Indians. Consistent with this same stand, when the Sub-Committee of the Indian Constituent Assembly met in Shillong in 1946 and the then President of the Naga national Council (NNC) was invited to join the Indian Union, the then President, T. Aliba walked out of the meeting saying: “We, the Nagas, cannot sign our names to be under India. We do not agree with it and we resign.” When the same Committee again visited Kohima in May 1947, the NNC again refused to join the Indian union. They told the Committee that they were already drafting their own Constitution and that they would not subscribe or surrender to the constitution of any other country.
Thus, refusing to be under the constitution of India, Nagas boycotted the first two Indian general elections. And following these events, India, militarily invaded Nagaland and forcefully occupied our lands. However, India was unable to conquer us constitutionally. But tragically some of our own fellow Nagas ran to the constitution of India with their 16 points proposal and got themselves en-grafted into the Constitution of India. As a result, Nagas were condemned to live under the constitution of a foreign country called India with all its heinous laws like the Disturbed area Act, the Armed Forces Special Powers Act etc for all these years.
Now to negotiate for a special status under the Constitution of a foreign country is a most bizarre and even incongruous activity on the part of any people or nation on earth. It is a shameful activity that should be condemned and shunned by any people who have any sense of dignity and self respect. However, in the case of many Naga leaders, they seem to think that India owes them a special and even extraordinary status within the constitution of India. Quite surprisingly the Indian government also under Nehru granted some extra-ordinary privileges under the constitution of India to some of our fellow Nagas . These privileged Naga leaders have enjoyed both protection and positions for all their lives. But there still appears to be some more Naga leaders who are again pleading for even better special privileges than the ones their former colleagues have enjoyed. All such leaders however should remember that the constitution of India was not written for the special existence of the Nagas within the Indian Union. Some of these Naga leaders even seem to think that India owes them an integrated greater Nagaland with special safeguards and even a special flag of their own. These Naga leaders however must remember that long before Article 371 A was INSERT IGNOREed into the constitution of India, there were already other articles in the Indian constitution that had already spelled out that no state boundaries of any state can be altered without the approval and sanction of the state concerned.
Therefore to negotiate or even agitate for a special Naga status of Naga integration within the constitution of India is to waste one’s own time as well as a make a fool of oneself before both the people of India as well as the world. India owes us nothing under her constitution and we also cannot hope to get anything there however much we wriggle or wrangle with the Indian leaders. We should rather, Instead of wasting our time and energies in such wasteful pursuits, turn to our own constitution (Yehzabo) and assert our own rights as a nation before the community of nations. If we do this, we have all the prerequisite political and legal actions in place like the submission of the six memorandums to the British before the transfer of Power in 1947, submission of the ten memorandums to the Indian leaders before modern India was born on 15th August, 1947, declaration of our own independence on 14th August, the Plebiscite of 1952, the adoption of our constitution on Jan.14, 1956 and the establishment of our Federal Government on March 22, 1956. On top of all these records, there is also the unblemished record of our national heroes who have defied the invasion forces of both India and Burma for the past 62 years without surrendering neither to the military might or constitutional powers of either country. With all these stupendous achievements behind us, surely there is a way to our country’s liberty and freedom if we will, but stand united and fight with one common vision and commitment.
In summing up, the following facts must be stated for record:
1. Like any modern nation states in the world, Nagas also have their own Constitution and Government which was established on 14th Jan.1956 and 22nd March 1956.
2. The first article in the Constitution of Nagaland states that “The territory of Nagaland shall comprise of all the lands inhabited by the indigenous Naga tribes…” This territory is over 100,000 sq Km and inhabited by over 54 major tribes and some other sub tribes.
3. Nagas do not recognize any other boundary lines drawn by any other foreign nations across their ancestral lands.
4. The creation of the Indian state of Nagaland by Jawarhalal Nehru and 19 Nagas in 1963 is neither a Naga national act nor wish.
5. The sooner this 16 tribes-16 points-16000 sq Km India’s puppet state of Nagaland is de-recognized by the Naga people and the Indian public, the sooner will dawn a political settlement between the true Nagas and the true Indians.
6. To fight for Naga national rights from within the Constitution of India is to belittle Naga history, geography and rights and make all these noble causes an Indian internal affair under the Indian Government Home Ministry.
7.The place to fight for Naga national rights is not from inside the Constitution of India or the 16 Point Agreement or Article 371A but from outside all these suffocating boxes.
Mission Compound Kohima, Nagaland
