Kaka D. Iralu
The Disturbed Area Act (as we now call it), was first promulgated for Nagaland on December 21, 1955 as The Assam Disturbed Area Act 1955. This act was promulgated in order to give a free hand to the Indian army to supress the Naga uprising that errupted in March 1955. As for the reasons for promulgation of the act, the Preamble of the act puts it in the following words: “Whereas it is necessary to make better provisions for the suppression of disorder and for the restoration and maintenance of public order in the disturbed areas in Assam; it is hereby enacted in the 6th year of the republic of India…” The Act was like a mini ASFSPA as it empowered even a Sergeant of the Assam Rifles or Assam Armed Police to shoot to death any Naga even on mere suspicion. This act was later repealed and incorporated into the Armed Forces Special Powers Act 1958. The AFSPA has since been amended and applied to other states of India too. However, since the essential core of the Assam Disturbed Area Act 1955 and the AFSPA of 1958 are almost the same, and also because these Acts were first promulgated in the context of the Indo Naga conflict in the mid 1950’s, let us go back to past history and examine the facts in order to find out who had first disturbed who.Now, if we look back into Indo- Naga history in December 1955 or the 1950’s.
The following facts will emerge:
1. The Naga National Council was formed on Feb. 2, 1946 in order to stake an independent status for Nagaland. The NNC had from its inception adopted a non violent policy to achieve its political goals. This policy was strictly adhered to from Feb. 2, 1946 to March 25, 1955. This non violent period is altogether nine long years. The NNC adhered to this policy despite the fact that the Assam Rifles had started killing Nagas even as early as August 27, 1948 (incident at Mao gate and also in Tuensang region followed by many other incidents right up to March 1955).
2. The first incident of counter violence on the part of the NNC happened in the Tuensang region on March 25, 1955. This act of violence in self defence was launched by the Yimchungers and Changs warriors with only daws and spears at Huker, Kiphire, Shamator and Pang on March 25, 1955. These incidents happened only after 65 villagers of Yengpang were beheaded by Village Guards assisted by the Assam Rifles on Nov.15, 1954. Chingmei village was next destroyed by arial bombardment on Nov 27, 1954 and thenceforth, mass rape torture and murder were rampantly committed in many places of the Tuensang region and even in the Mokokchung district between Nov.1954 to March 25, 1955. For a detailed account of records of the historcal events and atrocity reports, refer to “Uncovering the political lies that have covered Indo Naga history from 1946 to the present,” (authored by the same writer). The historical fact that needs to be noted here is that, it was only after more than 2000 Nagas had been done to death that the Nagas revolted in self defence violence on March 25, 1955.
3. After March 25, 1955, terrible volence engulfed the entire Tuensang region between the Naga Safe guards and the Assam Armed Police and Assam Rifles. But despite this internal violence, at this juncture of the Indo Naga conflict, there exist no record whatsoever that the NNC or any other Naga tribes disturbed any Assamese villages or towns. It is however true that in the early 1960’s, the Naga army disturbed Assamese peace by bombing and shooting Indian trains that were bringing in Indian army reenforcements as well as exiting with war criminals through the train corridor of the Assam valley.
But as for Naga violence or disturbance of Assamese peace in the mid 1950’s, I would challenge any Indian or Assamese historians to produce any evidences to the contrary.
Hence, as the evidences shows, the sequence was clearly one where the Assam Rifles and the Assam Armed Police first brutally provoked the Naga public under the sweeping powers of the Assam Maintenance of Public Order Act 1953 which was promulgated on June 3, 1953. Next, when the Naga public rose up en mass to defend themselves, the two forces, finding themselves unable to face the fury of the Naga public, bleated for assistence. The Indian Government then promulgated the Assam Disturbed Area Act of 1955, The Tuensang Frontier Division (Undesirable persons) Regulation act 1955 and followed it up with the AFSPA 1958 when the regular Indian army moved in, in October 1955.
Thus, the evidences of historical facts clearly shows that there was absolutely no truth or justification on the part of the Indian government to promulgate the Disturbed Area Act 1955 or the AFSPA 1958 in the first place.
As for the Federal Government of Nagaland, ever since the signing of the invalid Shillong accord of 1975, our leaders have shunned the path of violence and have held on to the international ceasefire signed between our two governments on Sept. 6, 1964. The desire and hope of our leaders is that we should settle our conflict through non violence because already too many have died on both sides. If however, the Indian Government will talk only to those who resort to violence, our people’s mandated government might also eventually be compelled to take up arms again to defend our country. However, even in such an eventuality, our government will not resort to promulgation of any Disturbed Area Act or Armed Forces Special Powers Act to protect our Naga army from Indian bullets or bombs. If the Indian governent will choose to invade and occupy our country through violent means, it will be our prerogative right and duty to honorably defend our country against their aggresion. Here, I am sure that every Naga patriot is still ready to face the Indian army again in the battlefield as soldier to soldier and man to man sans any heinous Acts or Regulations under this pretext or that pretext.
