Apropos, a number of articles recently appearing in the print on the issue of banning of NSCN (K) by Government of India under Unlawful Activities (Prevention), Act 1967 and a sense that the time was not appropriate to ban the group. The Naga Mother’s Association (NMA), Naga Hoho and ENPO in the recent past were trying to re-establish communication with NSCN (K) with the aim of getting it on track for a ceasefire. Enough bloodshed has been witnessed again in our Naga villages- the sound of the bullets, wailing mothers, crying children, are re-entering the Naga narrative once again. After decades of peace during the ceasefire period, there was truce between the NPGs and Assam Rifles. The present imbroglio is a pre-cursor to more violence and bloodshed, which a Naga common, like me, can ill afford.The recent instance and insistence of banning of NSCN (K) on 16 September is going to put more hurdles in way to peace and tranquility. The effect of such a one-sided move by the Government of India is a step back towards peace. Delhi could have waited and let the tribal bodies and Hohos, Naga Mothers, initiate a dialogue with Khaplang – a little patience now may have led to a better scenario.
Alas! It was not to be.
That the ban has been opposed by the Naga Legislators Forum (NLF), NPCC, Naga Hoho, NMA and a sense of shock espoused by Naga Political and Social leaders, as evinced in the recent media articles, is indicative of the ‘disconnect’ between Kohima and Delhi. We can now only condemn this, but what is more worrisome are the grave effect of its implementation to the Nagas.
I claim no fame to be a legal wizard as the legality and its legal implication of the ban, but a citizen aware of my rights and responsibilities. Browsing through UAPA 1967, it is evident that there are host of clauses, sub clauses, restrictions, prohibitions etc, all enclosed in the said Act. To act as the ‘Devil’s Advocate’, for sake of imparting same advice to all Nagas, for a minute, it would be amply clear that despite our tribal or any other ¬¬¬¬¬¬¬affiliation, any form of assistance is likely to be misconstrued support to the banned NPG, NSCN (K) and therefore, liable for penal action. So what and how do the family members of NSCN (K) behave and act in such a legal tangle. As a avid net browser, it may be prudent for me to give first a glimpse of the clauses of this Act, to justify my debate.
‘Section 10-Penalty for being member of unlawful association etc sub section (a) (iii)’ – a person who contributes to or recovers or solicits any contribution for the purpose of such association; or (iv) in any way assists the operations of such association – shall be punishable with imprisonment for a term up to two years and liable to a fine.
‘Section 17 – Punishment for raising funds for terrorist act’ - Whoever, in India or in a foreign country, directly or indirectly, raises or collects funds or provides funds to any person or persons or attempts to provide funds to any person or persons, knowing that such funds are likely to be used by such person or persons to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
‘Section 18B – Punishment for recruiting of any person or persons for terrorist act’ – Whoever recruits of causes to be recruited any person or persons for commission of a terrorist act shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
‘Section 19 Punishment for harbouring, etc’ – whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person is terrorist shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine.
It does not require legal acumen to understand the effects of such an Act. NSCN (K) cadres, especially those from Nagaland – Semas, Konyaks Yimchungers, Khiamnungam, Chakesang etc and their families and children are going to be the most affected. Any support in form of money, taxes etc are liable to be illegal; any harbouring/providing shelter is illegal, so is any youth joining the folds of Niki Sumi and Khaplang. Any willful support would be termed as helping the banned NPG and therefore any such persons - villagers, family members etc, liable for punishment with imprisonment upto five years being an illegal activity.
The import of such a decision is vast and not restricted to NSCN (K) cadres in Myanmar, only. The Govt of India waited for almost six months, since the unilateral abrogation of ceasefire by NSCN (K) in March, this year. Probably, Delhi was waiting in expectation for the Naga society, our Hohos, the polity, to convince Baba Khaplang to return to ceasefire, before the ban was enforced on 16 September 15. That the NSCN (K) has not understood the yearn and desire of the Nagas to revoke its stance, goes to show how precarious and tenuous the present situation is and how we, the Nagas, have failed; and thus pay its price now.
We hope the message goes across our hills and mountains to Baba at Taga in Myanmar!
