Dimapur: The Nagaland Legislative Assembly on Tuesday unanimously passed a resolution for exemption of the state from the proposed Uniform Civil Code.
Moving the resolution for consideration and adoption on the floor of the House on the second day of the second session of the 14th of the assembly, chief minister Neiphiu Rio said Article 371(A) provides for the protection of the religious and social practices of the Nagas and Naga customary laws and procedures unless the Nagaland Legislative Assembly, by a resolution, so decides.
He said the state government’s view is that the UCC will pose a threat to the customary laws, and social and religious practices, which will be in danger of encroachment in the event of its imposition in the state.
He further said in the consultative meeting with various stakeholders on UCC and other matters, organised by the state government on September 1, 2023, the representatives of the various tribal hohos/organisations have expressed their strong resentment and objection to the idea of having a UCC.
Rio informed that the Nagaland government, through a Cabinet decision, had submitted its views to the 22nd Law Commission on July 4, 2023, conveying its opposition to the UCC on the grounds of the unique history of Nagaland and the constitutional guarantee given under Article 371 (A).
The House later unanimously resolved for exemption from the proposed enactment of UCC in its application to Nagaland.
The assembly also deliberated on the elections to the urban local bodies in the state on the day.
Initiating the discussion, power and parliamentary affairs minister KG Kenye mentioned that the issue of reservation has been contentious in Nagaland since the state has its own unique political history and governance system based on tribal and customary practices.
He said many tribal organisations and political parties have been demanding the exclusion of urban areas from the purview of reservation, as they believe it goes against the historical and customary practices of the state. However, the State Election Commission and the municipal affairs department have maintained that reservation is essential to ensure representation of various sections of society, including women and marginalised communities.
The commission and the department have been working towards resolving these issues through dialogue and consultations with stakeholders and went a step further to ensure that the customary law will not be infringed.
In her maiden speech at the assembly, MLA and adviser to industries and commerce department Hekani Jakhalu said women’s reservation is a constitutional obligation under Article 243(T) of the Constitution of India. She stressed that reservation is the only reasonable means, as of today, to help women participate in decision-making bodies.
“If Naga women were never allowed to take part in customary institutions of decision-making, then that alone is a sufficient reason to give them reservation,” she stressed.