Nagaland Bar Association’s Representation to Member Secretary Law Commission of India
This representation is directed to the views and objections sought for by the Law Commission of India on Uniform Civil Code which has been made available in electronics and print medics, and in this regard, the legal fraternity in the State of Nagaland would like to express as hereunder:-
1. That the agreement made in July, 1960 between the Government of India on the one part and the leaders of the Naga People's Convention on the other part is a revered document for the Nagas, and the provisions of the Constitution (Thirteenth Amendment) Act, 1962, emanating there-from is a sacred Constitutional provision for the people of Nagaland.
2. That the Bar is of the serious view that Constitution of India does not envisage sectarian form of government in view of the fact that the Indian sub-continent does not belonged to an homogenous society. A government democratic in structure, but sectarian in spirit may flog together the heterogeneous societies into homogenous one by codification of civil code uniform for all. However, in such an eventuality, the destruction of the basic structures of the Constitution shall certainly be attracted.
3. That in the case of the State of Nagaland, Article 371A incorporated by the Constitution (Thirteenth Amendment) Act, 1962, which among others, safeguards the social customs and practices of the Nagas is an inalienable and Constitutional right. Since the time immemorial, the Nagas professed democratic society as against hierarchical or class society. In this regard, the Bar would like to reproduce and quote relevant passages from the words of Rev. J. J. M. Nichols Roy (Assam General) during the debate on the draft Sixth Schedule to the Constitution in the Constituent Assembly on 06-09-1949.
Quote: "Among the tribesmen there is no difference between class and class. Even the Rajas and Chiefs worked in the fields together with their laborers. They eat together. Is that practiced in the plains? The whole of India has not reached that level of equality. Do you want to abolish that system? Do you want to crush them and this their [sic] culture must be swallowed by the culture which says one man is lower and another higher. You see "I am educated and you are uneducated and because of that you must sit at my feet". That is not a culture among the hill tribes."…… "I would like very much if Parliament will appoint a committee to see these tribal areas. Perhaps, they will see that in some places they are so far advanced that the whole of India must follow their example. In those areas there is no difference between man and woman; the woman does work, goes to the bazaars and does all kinds of trade. And she is free. In the plains the woman is just beginning to be free now, and is not free yet."
4. That in the backdrop of the classless and democratic society professed by the Nagas right from the time immemorial, the people in the State of Nagaland continues to remain well contented, and any change to these deeply rooted social customs and practices would destroy these inherent and Constitutional rights of the Nagas.
Hence, it is the fervent appeal of the legal fraternity in the State of Nagaland to the Law Commission of India, that while dealing with the job of meticulous legal research for uniform civil code for the country, as for the Nagas, the protection of the Naga social customs and practices conferred under Article 371A may be recommended for protection to the Government of India.
Tali Ao, President
Hukavi Zhimomi, Secretary Nagaland Bar Association
