Naga Customary Laws and Women Reservation

I am not a believer of reservation, be it of any kind, not because I am afraid to compete on unequal grounds or to provide special privilege to others, but because I don’t like the idea of imposing inferiority complexes or second class mentality on others, who, ceteris paribus, can always prove to be one among equals.

However, the resurgence of resistance from prominent male dominated Naga civil organizations to the proposed implementation of women’s reservation in the Nagaland State Municipal and Town Councils elections on grounds of Naga customary laws and traditions doesn’t seem to qualify as a valid argument for the opposition of the Act. Rather, it appears that the article 371(A) is again misused and abused with so many politically hidden agendas and socially flagitious intention. 

The contention of the Kohima Village Council that the Act should have been implemented from ‘top to bottom’ and not from ‘bottom to top’ or the argument of the Dimapur District GBs Association that the rotational basis of reservation would invite corruption and create instability appears to be more convincing as such criticisms stems from the deficiencies of the Act unlike the delusory statement of the Naga Hoho that the Act was ‘quite detrimental to the sanctity of traditional land holding system and customary laws’ or the similar voices echoed by others including the Ao Senden. 

The information and publicity secretary of the Naga Hoho earlier stated that the Naga society would be in shambles if they failed to address the 33 percent women reservation. Well, the outcome of the March 16 meeting proved him right; the Hoho failed. The verdict of the meeting sounded more like appeasing its disgruntled members rather than taking control over the situation and providing leadership. With the breaking away of the ENPO, and the on and off relationship of some member, perhaps, the Naga Hoho has presumed the submission of resolution by the Ao Senden as an ultimatum and acted accordingly to safeguard its interest and chose deliberately to turn a blind eye on the issue that demands its attention.

The wisdom of the Naga Hoho stands challenged when it states that the reservation Act “was detrimental to the sanctity of traditional land holding system…” Everyone is aware that women reservation in municipal councils is not about land holding system, nor is it in any way going to affect the traditional practices of the Nagas on land and ownership holdings. The Act itself is not about providing ownership status of land and property to the womenfolk’s but to provide opportunities for the women in the decision making process. And to that end, it is very clear; thus, by bringing an unrelated issue of land holding system as an argument to counter the Act, the Hoho is tantamount to misleading the people by diverting the issue and twisting the facts. 

If our civil organizations are really serious about our traditional practices, at least we can start by being honest, for our forefathers were known for their honesty. If the majority believe that Naga women does not need reservations as they are treated equally, then say it so. If we think that more time is required to debate the issue, convey the message. If we feel that we cannot share power or sacrifice our electoral seats to be given freely to the women, let’s boldly admit that as men. But let us not always superimpose stereotypes or pigeonholes in the name of tradition or article 371 (A).

Recently the ABAM suggested that the government change the name tag given to Mokokchung as ‘the cradle of Christianity and Education”. Well, strictly speaking, Christianity and modern education are the most prominent factors that had affected and altered our customary laws and traditions. So, is the Ao Senden opposed to that as well?. 

Our shrewd leaders knew that we cannot defeat the women reservation Act with our head hunting mentality that women are inferior to men, that women has no right to property, that they were never involved in decision making process; a belief which has been nourished and sustained by the preaching’s of Pastors and Reverends, Priests and Bishops, all males, that God created Adam first. Hence the only option to defeat the bill is to bring article 371 (A) which the hon’ble high court has overruled. Hopefully, the Supreme Court will repeat the verdict if appealed. 

My point is, customary laws should not be misused for a particular cause or issue. Of course, there are good many examples which can be incorporated in today’s legislation and governance. Likewise, there were many unreasonable traditional taboos and practices which we had abandoned long time back. In course of time, our culture has evolved, our faith has changed, our knowledge enhanced, our thinking redefined and our outlooks has expanded.  Hence, what we must question is whether legislation are framed according to the needs of the present society or not, and not to question whether that legislation was there in our society a century back. 

When we speak of equality, let’s remember Aristotle, when he says “there is nothing so unequal as the equal treatment of unequals”. 

N Janbemo Humtsoe
janbemolotha@gmail.com



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