The imposition of Armed Force (Special Powers) Act 1958 recently in the state is totally unwarranted and a decision not properly thought of, vis-à-vis the political movement of the Nagas is concerned.
The Government of India (GoI) has imposed so many draconian laws in Nagaland since 1955 and yet the Naga issue could not be tempered nor extinguished and as such the issue is still hunting not only the Nagas but also the GoI as a whole. The Indian Armed Forces also have the opinion and tendered that this Naga issue can’t be solved by force (gun) alone but requires political approach. This position was fully appreciated by the then Prime Minister Shri Jawaharlal Nehru. Accordingly, he initiated with utmost sincerity to bring about a permanent solution to the Naga Political Issue. Keeping this in mind, he carved out the present Nagaland from Assam and NEFA. In short, the Naga people still salutes Jawaharlal Nehru for his foresighted wisdom which was immensely demonstrated in his Lok Sabha debate on the Nagaland Statehood Bill. I recall one of his letter to the Chief Minister of Assam Shri Bishnu Ram Medhi, where he stated in Para 7, I Quote “But we have always remembered that the real solution will require a political approach and an attempt to make the Nagas feel that we are friendly to them and that they can be at home in India” Unquote.I understand that this was the basic idea of Jawaharlal Nehru while dealing with Nagas and their political issue. Unfortunately the great Prime Minister of India Jawaharlal Nehru has gone. His daughter Indira Gandhi after taking the responsibility as Prime Minister, too gave her utmost best and sincerity to find an amicable solution to the Naga issue. It will be too long to quote all these potential political action by these two leaders only in this column. Perhaps many concerned citizens are well versed on all these episodes and therefore let me not elaborate further. According to me the successive PMs/government were not as sincere as these two National leaders. Having said all these things, if we have to look on the cease fire agreement with the NSCN(IM), (K) etc I am of the firm opinion that the GoI is not in the line with opinion propounded by the great Prime Minister Jawaharlal Nehru.
The cease fire agreement with NSCN(IM) entered in 1997 and with NSCN(K) in 2001, perhaps with Federal and NNC were in existence since mid 60s, besides the infamous Shillong Accord. The people of Nagaland were told that there is a negotiation going on between the GoI and NSCN(IM) but the people are still in the dark about what are the agendas/points they are discussing nor opinion of the Naga people were ever asked.
The other day in my maiden speech i.e, 23rd July 2015 in the Nagaland Legislative Assembly, I have stated that the abrogation of Cease fire by NSCN(K) is quite right and I support it, further I stated that I will not be surprised if the NSCN(IM) also abrogate the ceasefire tomorrow. The Naga political issue is one of the oldest political issue in the world alongside the Middle East issue, but Naga issue and Middle East Issue are different in nature as well as in reality. It is always my stated position that keeping a issue pending for 6-7 decades is by no means an achievement for any given government. Today, ceasefire agreement with different factions of Nagas were entered by GoI and continuing it for 10-20 years but never explaining the position of GoI in the relevant context I feel that the GoI is not at all sincere vis-à-vis Naga politics. I come back to the same letter of Nehru to Medhi dated May 13, 1956 Para 4 I quote “More particularly of course Pakistan takes advantage of them”. Para 6 quote “Apart from affecting our reputation both in India and abroad”.
It was Jawaharlal Nehru, the then Prime Minister of India who introduced AFSPA by an ordinance on 22nd May 1958, which was ratified or approved on 11th September 1958 by the Parliament to contain the Naga upraising mentioning the state of Assam and Manipur, perhaps Manipur was only a Union Territory at that time; in other words this AFSPA 1958 was specifically meant for Nagaland. Nehru’s letter to Medhi and the AFSPA is perhaps contradictory to each other anyhow after having introduced this draconian law against the Nagas, Nehru has not changed his basic approach on the Naga issue.
During the late 50s and early 60s, Jawaharlal Nehru has given his utmost best by applying the policy of ‘carrot and stick’ in the process as he emphasized in his letter to BR Medhi, he had almost won over the heart of the Nagas. Perhaps his daughter Indira Gandhi was more compassionate vis-à-vis the Nagas. At least he has granted statehoood for the Nagas and further kept open the negotiation.
Without going further, I would like to state that the present imposition of AFSPA is totally unwarranted, uncalled for, illogical and hysterical. Among the many other draconian laws prevailing in India, this AFSPA is one, which can’t be defined in any civilized society as far as the fundamental rights and its liberty is concerned. AFSPA Section 3 speculates that it is in aid of civil power, but Section 6 of the Act has the overwriting authority of all laws and civil administration, I quote “No prosecution, suit or other legal proceeding shall be instituted except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the power conferred by the Act.” In Section 4 a, b, c, d has given the operative portion which was sanctified by Section 6 of the Act. More so this Act was upheld by the apex court of country – the Supreme Court of India in November 1997 and therefore there is no scope left for the Naga people to defend their lives and its liberty. The NLA is the only legitimate and mandated organ to speak out its right and liberty against this suo-moto imposition of draconian law – the AFSPA.
As stated at the outset, several draconian laws were imposed in Nagaland by GoI but the Naga Political issue remains steadfast. The Armed Forces Establishment in India has time and again given their considered opinion that gun alone will not solve the problem, which was explicitly accepted by the then Prime Minister Jawaharlal Nehru and Indira Gandhi. Today in this 21st Century, if anybody in Delhi wants to push back the Nagas to the 19th Century, it will be very unfortunate and posterity will not agree. Lifting and withdrawal of AFSPA from Nagaland is an immediate requirement on the part of the GoI and taking up the Naga political issue on right track is the need of the hour.
Issued by MLA Imkong L. Imchen
