NLA to adopt resolution for Nagaland’s ‘exemption’ from UCC

September 12, 2023 46 Views No Comment

CM says cannot use the words ‘oppose’ or ‘object’

Morung Express News
Kohima | September 12

Against the backdrop of the concerns and apprehension surrounding the Uniform Civil Code (UCC), the 60 members of the Nagaland Legislative Assembly (NLA) today proposed adoption of a resolution calling for Nagaland’s “exemption” from the UCC.

At the ongoing second session of the 14th NLA session on September 11, members participating in the discussion proposed for a resolution to ‘oppose/object’ the UCC. However, Chief Minister, Neiphiu Rio, who is also the Leader of the House, stated that the NLA “cannot pass a resolution to confront the Central Government and we cannot protect any other state with our resolution.” “In our language, we will not use ‘we are against or we object or we oppose the UCC,”‘ the CM said.

He instead has proposed unanimously adopting and passing a resolution for “exemption” from the proposed enactment of the Uniform Civil Code in its application to the State of Nagaland.

Sensing the gravity and urgency of the matter, the CM said that the government has, through a Cabinet decision, submitted its views to the 22nd Law Commission on July 4, that Nagaland be completely exempted from the purview of UCC.

The exemption, he said was put forth based on the history of Nagaland which was provided certain protections since the pre-independent British era, such as through the Bengal Eastern Frontier Regulations of 1873; the 9-point Agreement of 1947; and the 16-point Agreement.

Rio said it was made clear in the petition by the State Cabinet that “such an approach is a direct threat to the practice of our customary laws, social and religious practices.”

The CM also pointed out that the UCC will have far-reaching implications across all sections and communities of the State, and therefore, the State Government felt it extremely necessary to have more broad-based deliberations and involve all stakeholders to gather their views and opinions.

Accordingly, a consultative meeting with various stakeholders was held on September 1 with the representatives of the tribal hohos and organizations, where all expressed their resentment and objection to the idea of having a Uniform Civil Code, stated Rio.

Rio pointed out that the apparent objective of the UCC is to have a single law on personal matters, such as marriage and divorce, custody and guardianship, adoption and maintenance, succession and inheritance, across the country, for all communities and religious groups.

This, he viewed “shall pose a threat to our customary laws, social practices and the religious practices, which will be in danger of encroachment in the event of imposition of Uniform Civil Code.”

He also informed the house of his meeting with Kiren Rijiju, the then Union Minister for Law and Justice on July 4, 2023, wherein a copy of the observations and views of Government of India on UCC was presented to him.

During his meeting with the Union Home Minister, Amit Shah on July 5, 2023 on this issue, Rio reminded of Shah’s assurance that UCC will not be applicable to the Scheduled Tribes of Nagaland and of the North East. To this, Rio remarked, “I am confident that the GoI will not betray the Nagas, and will not betray themselves too.”

Also citing the legal opinion on UCC, Rio expressed confidence that Nagaland will continue to be outside its purview. “However, keeping in view the consultations with various stakeholders and after examining the apparent spirit and intent of the UCC, and taking into account the constitutional guarantees given to the State and its people under Article 371 A; there is a clear urgency for this House, which represents the voice of the people of the State, to convey our explicit position on the subject,” stated Rio.
The discussion on this issue was raised by MLAs Kuzholuzo Nienu and Dr Sukhato A Sema.

Opening the discussion, Nienu said, “It is high time we do away with elements of hegemony and imperialism that only sow seeds of division and distrust.”

“As a legislator and representative of a tribal community from Nagaland, I stand vehemently opposed to any threat, be it modern western individualistic or Indian majoritarian values and ethos, which are not only incompatible but also pose a threat to our tribal communitarian ethos and values” stated Nienu.

Members who participated in the discussions are Dr Sukhato Sema, KG Kenye, Imkong L Imchen, Dr. Neisatuo Mero, Jwenga Seb, Achumbemo Kikon, KT Sukhalu, Nuklutoshi and Moatoshi Longkumer.

The house has resolved to adopt a resolution on this issue tomorrow, September 12.