P Pius Lotha
The State of Nagaland was created through the 16 point agreement arrived between the Naga National Council (NNC) and the government of India (GOI) in the year 1960 thereby inserting Article 371A, a special provision in the constitution of India which reads as follows;
1. Notwithstanding anything in this Constitution; - (a) no act of parliament in respect of (I) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;
On analyzing the special provision under Article 371A, all other laws of the land are applicable in the State of Nagaland except those enunciated in clause 1 (i-iv). In other words, any other laws other than those stated are enforced in the state of Nagaland. It is an irony that except in theory there is no codified Naga customary law and procedure till date although our rights are protected by the constitution of India; hence, demand for accountability from those persons who have acquired disproportionate properties without known source of income can be evaluated. Therefore everyone should be aware of acquiring disproportionate wealth which is not healthy in a welfare state to invite attraction from the masses.
Nagas in general with exceptions are very hardworking, clean hearted, charitable, accommodative, hospitable and are religious. Naga populace in general with an exception to few are Christians.
The ethos of Christian practices are not adhered in both letter and spirit by the Christians and as such Nagaland is taking a back stroke. Nagaland over all development is lacking in terms of the funds allocated by the central government. Every State in North-East has well equipped Hospital and Medical colleges with the exception only in the State of Nagaland. Road communication is poor and some villages are not having proper road connectivity, Government Schools are in dilapidated conditions with excess of teachers but showing nil results when matriculation results are declared. It is a saving grace for the state to have many private institutions which is standing as the back bone for the students and the young generation. Presently Nagaland state is one of the highest unemployed rate in the country as reported in the media. The State machinery need a lot to ponder to rectify.
When we talk of individual development and assets, Nagaland in 2022 has many billionaires in terms of both immovable and movable assets. Most of the billionaires has acquired their wealth through illegal means which are answerable to the public. It is due the corrupt practices of some individuals the public money is siphon off in collusion with the second party. On this ground both the person occupying the chair and acting with the second person are both liable in the commission of the offence and accountability arises to all involved in the commission of the offence. Ultimate dispensation of justice for such crimes is seizing the money and property acquired by illegal means which cannot take the shelter of protection under Article 371(A)1. The Nagas started a humble, hard working and honest way of life. No magic wand existed in Nagaland to become very rich except by transparent hard working. In spite of 58 years of Statehood there has not been any much progress in the State in all fronts except development of individual properties. Naga people are peace loving, dedicated Christians trying to avoid any form of misunderstanding with anyone. This resulted in the siphoning of the public money by few individuals by corrupt means. Democracy is a government of the people, by the people, and for the people “Abraham Lincoln “. However in Nagaland the public are mute spectators since all are Christians with a sobriquet “Nagaland for Christ”. Christian ethos is forgiveness but truly speaking it should not be at the cost of squandering the benefits mean for public. Hence it is the bounden duty for every individual to raise the issue of corruption. Public silence is encouraging the guilty people to commit more offences with impunity.
The high magnitude of corruption reported in the State of Nagaland has invited the “Anti Corruption Council of India” (ACCI) to step in and dig out the corruption taking place in various organs both in government and public sectors. The ACCI will expose the corruption taking place in the State which is under survey from all sources. The ACCI is committed to serve the people and therefore appeals to the public to share information in the media when ever any corruption takes place to enable the ACCI to act upon it.
The writer is Chairman, North East, Legal Cell Anti Corruption Council of India
