To,
The Hon’ble Chief Minister,
Nagaland: Kohima.
Sub:- REPRESENTATION ON ENFORCEMENT OF BENGAL EASTERN FRONTIER REGULATION ACT 1873/ILP IN THE ENTIRE JURISDICTION OF NAGALAND/
Hon’ble Sir,
The Nagaland Tribes Council (NTC) is constrained to draw your kind attention on the implementation of the Bengal Eastern Frontier Regulation Act 1873 vis-à-vis Inner Line Permit (ILP) throughout the jurisdiction of Nagaland with effect from 1st December 1963 as the cut-off date and year for favour of your early necessary action.
It is an undeniable fact that the Nagaland State is created out of Political agreement with 16-Point Agreement of 1960 in place. Nagaland is then equipped with the Bengal Eastern Frontier Regulation Act 1873 vis-à-vis Inner Line Permit (ILP) throughout the jurisdiction of Nagaland. Among many others the 16th point of the 16-Point Agreement states; quote: “Rules embodied in the Bengal Eastern Frontier Regulation Act 1873, shall remain in force in the Nagaland”. This Constitutional status provision is enumerated and well documented for enforcement right from the day and time of the creation of the State of Nagaland including Dimapur areas- now bifurcated into Dimapur, Chümoukedima and Niuland Districts. The valued agreement as referred to above cannot be altered or substituted at the cost of the future generation of the people of Nagaland. It is a means for survival of the ethnic Naga Tribes of Nagaland in the long run. On top of it there is standing govt notification to qualify as an “Indigenous Inhabitant” in the state of Nagaland Vide Notification NO. AR-8/8/76 dated Kohima the 28th April, 1977. Quote: “The Governor of Nagaland is pleased to decide that in order to qualify as an “Indigenous Inhabitant” of the State of Nagaland for the purpose of employment as envisaged in the order NO. APPT-16/6/67 dated 6/7/73, a person should have settled permanently in Nagaland prior to 1-12-1963.
(1) His/her name or name of parents or legitimate guardians, in case the person was then a minor should have been entered in the Electoral Roll published on 5-12-1963.
OR
(2) The person or his/her parents or legitimate guardian should have been paying house tax prior to 1-12-1963.
OR
(3) The person or his/her parents or legitimate guardian should have acquired property and Patta on it prior to 1-12-1963….”
The farsightedness of the pioneers in providing Bengal Eastern Frontier Regulation Act 1873 vis-à-vis Inner Line Permit (ILP) and the govt Notification to qualify Indigenous Inhabitant, which is self-explanatory, is to insulate Nagaland and its indigenous inhabitants from undue exploitation and possible suppression by outsiders. From the very day the Nagaland was granted Statehood the cut-off date and year to be indigenous inhabitants of Nagaland has been enforced with effect from “1st December 1963” hence the effective date and year of ILP.
The above mentioned agreement and notification had not extended to Dimapur areas then with the best reason known to the authority alone. The de-reservation of ILP in Dimapur areas in the initial stage had become the anti-thesis of the policy of reservation.
In fact Dimapur areas becomes the safe haven for the massive migration of illegal immigrants besides being launching ground for the explosive activities, and on, and detrimental to the peaceful atmosphere and tranquillity in the state.
That even after having all these weapons of documents as that of 16-Point Agreement and the Govt Notification at hand, Nagaland government determines to enforce two cut-off dates and years ie; 1-12-1963 for the Hill District of Nagaland, and another 21st November 1979 for the plain sector of Dimapur, Chümoukedima and Niuland Districts of Nagaland respectively contrary to the natural law of justice.
The simple fact is that Government by a notification vide NO. LR/2-118/76 Dated Kohima, the 21st November 1979 constituted another “Tribal Belt” inside Tribal Area already exist ie; “Nagaland which is a tribal state”. Quote: “Whereas under mentioned classes of people are predominantly residing in the areas specified in the scheduled given below: – 1. Any Naga. 2. Kuki. 3. Kachari. 4. Garo. 5. Mikirs. And whereas sufficient waste land is available in this special area and it is necessary to constitute Tribal Belt or compact area etc…etc, and demarcated the Boundary of Dimapur Sub-Division”.
Now under the direction of the state govt the Deputy Commissioner of Dimapur, Chümoukedima and Niuland respectively contemplates to enforce ILP with cut-off date and year wef; 21st November 1979. The word “Compact area” is mean for development activities but not for identification of indigenous people and hence unacceptable.
That the Tribal Belt or Compact area Order as referred to above itself violates and contradicts the Order NO.LR/2-118/76 Dated Kohima the 7th November 1979. Quote: “Whereas it is considered necessary by the state govt to adopt protective measures for the under mentioned classes of people who are indigenous inhabitant of Nagaland. etc..etc. 1. Naga. 2. Kuki. 3. Kachari. 4. Garo and 5. Mikirs”.
That justifying the Nagas in Nagaland, state govt has issued a letter Vide No SC-22/Home/1/67 dated 6th July 2009, the “List of recognized Naga Tribes in Nagaland. Namely: 1. Ao. 2. Angami. 3. Sumi. 4. Lotha. 5. Rengma. 6. Konyak. 7. Sangtam. 8. Phom. 9. Chang. 10. Yimchunger (Now Yimkiung) 11. Khiamnungan. 12. Chakhesang. 13. Zeliang. 14. Pochury, and now Tikhir of Shamator District as the 15th Naga Tribes of Nagaland”.
That the entire Nagaland itself is a tribal state and tribal area and therefore, there is no need for another Tribal belt or Compact area to be curved out of the existing tribal area.
It is also a fact that there cannot be two different cut-off dates and years in a tiny State like Nagaland, ie; 1st December 1963 for the Hill District and another 21st November 1979 for the Districts of Dimapur, Chümoukedima, and Niuland. In this connection the Civil Societies are submitting representations after representation to the government since 2014 highlighting the merits of enforcement of 1-12-1963 as cut-off date and year throughout Nagaland on the basis of the standing government Notification NO. AR-8/8/76 dated Kohima the 28th April, 1977, but remains a deaf ear.
That enforcement of BEFR Act 1873/ILP with effect from the creation of the state of Nagaland on the basis of necessary agreement and Notification as that of 1st December 1963 does not necessarily prohibits the genuine citizens for a business activities or stay or trips in the state as what the people of Nagaland does in other states of the country. There are always mechanism/modalities to welcome them. The Nagaland Tribes Council (NTC), therefore, impress upon your benign authority to look into the grievances as aforesaid and take up the issue on top priority and enforce 1-12-1963 as cut-off date and year in the entire jurisdiction of Nagaland on the basis of the standing government Notification NO. AR-8/8/76 dated Kohima, the 28th April 1977 as referred to above in the greater interest of justice.
Yours Sincerely,
Toniho Yepthomi
President NTC.
Nribemo Ngullie
General Secretary NTC
Cc to:-
- The hon’ble Dy. Chief Minister, for Home, Nagaland: Kohima, for favour of information and necessary action.