Hopeful note at consultative meet

August 19, 2021 28 Views No Comment

CM CLEARS GOVT STAND ON RIIN, WOMEN RESERVATION IN ULBS, NAGA TRIBUNAL

Correspondent KOHIMA, AUG 19 (NPN) : A marathon consultative meeting of almost six hours was held between the government (including NPF) and various apex Naga tribal bodies at the State Banquet Hall in the chief minister’s residential office here Wednesday to solicit views and support on various issues.
Delivering the keynote address, chief minister Neiphiu Rio read the agendas of the meeting and shared a brief background of the Nagas since coming in to contact with the British in 1832. It was learnt Rio also spoke at length on some of the important issues and the steps taken to address them. These included inter-district border demarcation, Naga Tribunal, RIIN implementation, women reservation and ULB elections, etc.
Dimapur-Peren boundary: On demarcation of boundary between Dimapur and Peren district, Rio said the long-pending demarcation of the administrative boundary between Peren and Dimapur districts needs to be discussed and settled amicably.
He said a cabinet subcommittee headed by Health minister Pangnyu Phom after due deliberations and looking into every aspect and the ground situation, suggested an administrative boundary. However, there have been reservations expressed on the proposed demarcation from people on both sides citing their customs and traditions.
He therefore, appealed to the 14 Trial Hobos to put in place the mechanism and work with the spirit of unity and understanding to amicably resolve the issue in the greater interest of the Naga people.
Naga Tribunal: Rio said there was an urgent need for documentation and codification of the Naga traditional laws. He cited as an instance, the Chakhesang community who have already codified their traditional law.
He said that as per the 16-point Agreement, a Naga Tribunal at the State level can act as an Appellate Authority for the cases to be decided according to customary law. This would consist of those who have expertise in customary law to help settle cases which are of a complex nature, and which would not be easily decided in modern Courts. He also stressed on the need for documentation and codification of the traditional laws as it will provide clarity on where the traditional laws can be invoked, and where other laws– Central or State laws –would need to be invoked. With the likelihood of having a separate High Court in the near future, there is a need to codify the customary laws urgently to avoid any possibility of confusion or over-lapping of cases, he added.
RIIN: Rio said citizens of India should not be denied their rights, and therefore, decisions on RIIN should be well thought out and should not cause any panic, chaos or harassment to anyone or community.
He summarized the view of the government which included– that every Naga should trace their roots back to the village and the ancestry will be verified through a four-tiered verification mechanism after which he or she will be registered as an indigenous inhabitant of Nagaland.
Similarly he said, non-Naga tribes whether Kacharis, Garos, Kukis Mikirs who can trace their ancestry to a village established before Nagaland’s statehood ie, before 1 December 1963 would be entitled to register as Indigenous Inhabitants of Nagaland.
For this, he said the authority to certify inhabitants of villager lies with the concerned Village Council. He, however, cautioned that any wrong or faulty certification will attract punishment as per the customary law.
For those Indian citizens who had settled in Nagaland before 1 December, 1963, Rio said most of who are in Dimapur and had continued to live here, would be eligible for Permanent Residence Certificate on the basis of documentary evidence of their stay here prior to statehood and they will be eligible to possess immoveable property and would not require an ILP for movement within the state.
Rio also said that the pre-1940 Gorkha settlers would also be categorized as Permanent Residents without any denial or depriving of benefits that they are enjoying now and for those residents of Dimapur district who had settled between December 1, 1963 upto November 21, 1979 in the area outside the ‘Inner Line’, their rights to own immovable property in Dimapur area would need to be protected and may issue them ‘Temporary Resident Certificate’ as well as exemption from ILP requirements on a case-to-case basis. “Work card” or “work permit” can be issued to those who have long term work or business in Nagaland, Rio informed.
Women Reservation and ULB polls: Rio said that women reservation in ULBs had unfortunately turned into an ugly controversy, drawing sharp reactions while some opined that reservation for women in Urban Local Bodies was something that impinged on the traditions and customs.
Since the ULB polls were not held since 2008, Rio reminded that by not holding the elections, the state was denied substantial grants under the Finance Commission for undertaking various developmental activities.
He said the Senior Additional Advocate General of Nagaland, had in his legal opinion, clearly stated that Municipality is not a traditional customary institution of the Nagas hence the contention that reservation for women in Municipality is violative of the rights guaranteed to the Nagas under Article 371-A of the Constitution is devoid of any legal justification.
Further, Rio said the requirement for 33% reservation of women in the ULBs was embedded in the Constitution of India under 74th Amendment and unlike the Constitution 73rd Amendment dealing with women reservation in rural local bodies, there was no exemption for Nagaland, or any of the North Eastern states.
He requested the tribal hohos to take the issue of women reservation in the ULBs in the right spirit and to resolve the matter so that UBLB can be held at the earliest.
Institution of Gaon Buras: Rio said GBship was introduced in Nagaland by the Britishers under the Rules for the Administration of Justice and Police in Naga Hills District 1937 with defined roles and responsibilities.
Rio said the needs of urban settlements were quite different from rural areas and villages. He stated that the nomenclature of Gaon Bura in a town itself was an anomaly and that there was a need to look at the role and need of a Goan Bura in urban areas.
Deputy Chief Minister Y. Patton in his address said efforts to resolve the boundary issue between Dimapur and Peren was made but regretted that it had not been successful.
On the issue of women reservation, Patton said provision for providing reservation of seats for women in ULBs was there in the Constitution of India and it is considered an important instrument for achieving women empowerment and achieving gender equity.
He also echoed the same views highlighted by the chief minister on the institution of Gaon Buras
On implementation of RIIN Patton said with the meetings at both the State and District level and with more rounds of meetings, the final contours of the modalities would be arrived at soon so that we are in a position to implement RIIN smoothly.
NPF legislature party leader TR Zeliang also reportedly spoke at the meeting, which was chaired by chief secretary J Alam. Besides the 14 Naga tribes, Rajya Sabha member KG Kenye also attended the meeting.