The kind of rage and violence unleashed by the anti-reservation movement simply shows that the Naga tribal bodies are just making a desperate attempt to maintain the status quo in their society. If they take the help of the same women to mediate peace talks between the militants and the Government, why cannot they allow them to enjoy 33 per cent reservationIJ
The recent violence that took place in Nagaland against the 33 per cent reservation given to women is not only sad, but it would certainly hurt the holistic development of the entire State. The Naga tribal organisations are up in arms against their womenfolk availing such reservations in the stalled elections of the urban local bodies (UlBs) of the State. Simply put, all these bodies are advocating that the traditional Naga society preaches and preserves the ethos of an absolutely egalitarian society. Their women have been getting the due, and, hence, offering reservation to them would be in a way coming in direct conflict with the Naga Customary laws (NCls). Also they say that such reservations would defeat the underlying provisions of the Article 371A (1) of our Constitution, which provides protection of religious and social practices, customary laws and procedures of the Nagas. The central focus of the entire rage is that if women reservation is required, the political parties should nominate 33 per cent women for such elections, and it should not come through any constitutional mandate. Therefore, the protesting organisations are targeting Article 243T which provides reservation to women in the UlBs.
To be precise, the NCls are no other than constructed procedures of justice by the community. They cannot be taken to an extent which will block a constitutional provision under Article 243T. The frontline organisations like the Naga Hoho should offer a logical explanation how Article 243T affects Article 371A(1). logically, the election of men and women to the local bodies has no connection with the NCls. The Nagas have no tradition of elected governance system even by men in the past. If Article 371A(1) protects the NCls as the agitators say, then nomination is the way forward for all the public offices. And this will lead the Naga society to the ancient system of village republics.
The Nagas have a very solid patriarchal system in their society. Women do not play a significant role in the decision-making process. As of today, there is no single woman legislator in the Nagaland Assembly. Why is it soIJ The same organisations should have long raised the banner of protest in the past for enough representation of women in the Assembly. Today it so happened that under extreme pressure from the Nagaland Tribes Action Committee (NTAC) and the Joint Coordination Committee (JCC), the Naga People’s Front (NPF) Government of TR Zeliang had to declare the elections of the UlBs null and void. But the Government should not have done so. And further, the NPF Government has already sent a request to the Union Government to exempt the State of Nagaland from the mandatory provision of giving 33 per cent reservation to women in the UlBs. Both these decisions indicate that the Government has badly surrendered to the agitating bodies, sensing that it may lose large chunk of their voters who are seriously involved in the whole movement. If the Government does not take any immediate step, it will simply mean it is not showing enough respect to the long-standing customary laws of the Naga society. This will help the NTAC and the JCC branding the Government as simply anti-Naga. And the Opposition parties in the State will get enough material to fight the next election in the State against the NPF Government. Therefore, all these have mounted pressure on the Zeliang Government and it has just conceded to the demands of the protesters.
It must be underlined here that it is the complete failure of the State Government. As the tribal bodies have been sending signals from the day the Government had announced the UlB elections with 33 per cent reservations, and subsequently demanded the withdrawal of such notifications, it should have taken all necessary measures so as to contain violence across the State. The Nagaland Government’s vacillating stand on women reservation and failure to read the mood of the tribal bodies have finally snowballed the entire crisis. Otherwise, in the garb of safeguarding the Naga culture, traditions and customs, these organisations would have not risen to such heights to claim the resignation of the Chief Minister.
Besides, what has been aired across by various tribal bodies is that the Indian Government is forcefully trying to impose an alien political and economic system over the Nagas. And, this will eventually dilute the very unique Naga identity, so to say. However, these are years old apprehensions that prevailed across all the North-eastern States which directly or indirectly shape the worldviews of the majority of the people of the region towards the Centre. Simultaneously, many in other parts of India also are not equally aware that there exist potential historical accounts in the region which shows rich contribution by the North-easterners in shaping the grand identity of the “idea of India”. Therefore, the Naga tribal bodies should always avoid spreading such fears that an alien system will be imposed on them. Even if they do not manufacture such weird views, they are always respected among their people and will remain so.
Meanwhile, there has been enough pressure on Zeliang and he may give way to change the guard at the top. The NPF legislators who have 48 members in the 60-member Nagaland Assembly may have to replace him as the protesters have been demanding the same since the beginning of the current standoff in the State in January. Another development which is complicating the entire situation is that the central media and press bureau of the NPF made it public that some of the Government servants of the State are even funding the agitation, which is unbecoming of Government employees. If it is really the case, it is unfortunate, as this will not help the Government to bring an immediate solution to the current crisis.
It would be of great benefit for the whole State if the reservation is extended to women in the UlBs. In fact it is totally unfair for the tribal bodies to deprive their women from getting the mandatory reservation facilities given by the Constitution to them. It needs to be remembered by the agitating bodies that Nagaland is very much within the territory of India, and, hence, any constitutional provision that is applicable for the other parts can equally be valid for them as well. The Union Government or the State Government of Nagaland cannot have the luxury to have a separate arrangement for their women unless an amendment is made to certain parts of Part IX-A of the Constitution. But then when the entire country is following the 33 per cent reservation formula for women, why the Naga tribal bodies are opposing itIJ Is there an ulterior motive behind to topple the NPF Government in the StateIJ Is it so that the patriarchal tribal bodies do not want their other half to come on equal footing with menIJ The kind of rage and violence unleashed by the anti-reservation movement simply shows that the Naga tribal bodies are just making a desperate attempt to maintain the status quo in their society. If they take the help of the same women to mediate peace talks between the militants and the Government, why cannot they allow them to enjoy 33 per cent reservationIJ The Naga women, once armed with this reservation, will have a say in grassroots governance from where major policy decisions are taken. If the NCls are all about preserving the dignity and traditions of the Naga society, the tribal organisations like the NTAC and the JCC must respect the constitutional mandate prescribed under Article 243T as this will add an edge to their women only. The road lies ahead for Nagaland is nothing but a confused political scenario and this will simply herald more unease in society. Now, the ball is in the Centre’s court whether to make an amendment or to maintain the status quo. let’s wait and watch.
(The writer teaches sociology at OP Jindal Global University in Sonepat)