ILP implementation flaws in Nagaland dissected

Our Correspondent Kohima, Sep. 28 (EMN): The Naga Students’ Federation (NSF) on Friday conducted an intensive regional seminar-cum-workshop on the Bengal Eastern Frontier Regulation (BEFR) of 1873 under which, the Inner Line Pass, or more popularly called the ‘Inner Line Permit’ (ILP) system, is enforced in the state. The day-long programme was held at Ura Hotel in Kohima, where academicians, administrators, lawyers, journalists, police, social workers and members of the high power committee of the NSF and leaders of its federating units engaged in critical analyses on the implementation of the regulation in Nagaland, with comparisons of the same with Arunachal Pradesh and Mizoram. Ineffective implementation of the inner line regulation by the state government agencies over the years was the central point raised by the participants as issues regarding inadequate efforts on the part of the police and districts administration in matters regarding ILP dominated all sessions. Establishing the actuality of this situation, Jumyir Basar, a professor at the Arunachal Institute of Tribal Studies, Rajiv Gandhi University, who was a resource person at the event, expressed her surprise over the leniency at the check gate in Dimapur when her team arrived Friday morning in an Arunachal Pradesh registered vehicle. “We stopped in Dimapur when we saw a check post, but we were not checked (of our papers). We expected to come across check posts in Kohima but we did not see one. In Arunachal Pradesh, there are check posts everywhere where there is constant checking of ILP,” the academician asserted. That the enforcement of the regulation had loopholes was also acknowledged by none other than the government’s own committee, constituted to work out modalities in streamlining the issue of ILP in the state in 2015. A panel discussion on the report of the committee was held in the day. “The implementation on ground has not been enforced properly and the state has seen a steady increase in population of a community who are suspected to be illegal immigrants from Bangladesh. This trend, if continued unchecked, would have the effect of changing the demographic character of the state and in the future, the indigenous inhabitants of the state would be reduced to the status of a minority as has happened in Tripura,” the committee, which included the commissioner Nagaland, secretary Justice & Law, joint secretary Home and the DCs and SPs of Dimapur and Kohima, stated in its report submitted to the government in 2016. It also made several recommendations to the state government including setting up of a special cell for ILP whose task will be to issue ILP, suo moto trial of ILP defaulters, offences and tracking along with regulation of PAP permits while also conducting periodical checks and verification on ILP. Suggestions toward plugging the loopholes and setting up a robust mechanism were also raised during the sessions. P Leonard Aier, principal of City Law College Dimapur, also had strong views in this regard as he pointed out that the dilution of effectiveness of the Inner Line Regulation was being apprehended by the majority Naga people. “Only an effective and stringent enforcement of the Inner Line Regulation throughout the state of Nagaland with immediate effect, will go a long way in making Article 371 A of the Constitution of India positively more meaningful for the tribal Naga peoples of Nagaland. “The BEFR 1873 was in force in erstwhile Naga Hills Tuensang Area immediately before the 1st December, 1963, and as the regulation has not been altered, repealed or amended since statehood till date, it was incumbent on the government of Nagaland to have enforced the regulation in the whole state of Nagaland without any area being left out from its operation. Failure, negligence, and omission by successive governments of Nagaland to bring the whole state within the legal ambit of the regulation is proving to be detrimental to the indigenous people of the state of the benefits of statehood,” Aier stated. He expressed that in the absence of any other deterrent and effective law at present to check the ongoing unabated influx of illegal migrants into the state, and taking a serious note of the concerns shown by leaders of the state in the past and considering the further anguish and the expressed apprehension of the indigenous people of the state of more overwhelming influx into the state due to the non registration of illegal migrants in the National Register of Citizens (NRC) update in the state of Assam, “the state government must stringently implement and enforce the BEFR 1873 immediately in the whole state of Nagaland.” He suggested that the state would go a long way if steps were initiated at the earliest to ‘effectuate’ the Citizenship (Registration of Citizens and issue of National Identity Cards) Rules, 2003, framed under The Citizenship Act, 1955, and prepare the NRC for the state of Nagaland for the genuine indigenous citizens of the state. Earlier, Basar had observed that development was needed in Northeast states, but it comes at a price in terms of ownership of land. She highlighted that ‘land compensation’ has become a sort of business in Arunachal, which brings to fore the threat of ‘landlessness’. Towards this, she said the citizens were pressing for free education and healthcare under corporate social responsibility (CSR) from the major firms that were undertaking huge projects in AP. While expressing concern that some sections of the BEFR could not be helped, she highlighted that the state governments should monitor and regulate people who come from outside to document areas that are under ILR. She asserted that a government should come up with policies that ensure indigenous copyright and warrant taxes come back to the community. Meanwhile, in Mizoram, it is said that community-based organisations were utilised by the government towards effective implementation of the BEFR. It was learnt that the Young Mizo Association used to conduct trainings in order to minimise requirement of outside skills and to promote work culture among the youth. Describing the situation in Mizoram, R Lalrinkima, an associate professor at the Government Hrangbana College in Aizawl explained how the civil organisations such as the Mizo Zirlai Pawl (Mizo Students Association) assist the government agencies in checking the influx of illegal migrants to their state. Suggestions and ways forward The day’s deliberations underscored the need for an urgent comprehensive guideline for enforcement of Inner Line Regulation that extends to the entire state of Nagaland, including Dimapur and the foothill areas, with special clauses for deportation and penalty; state government must set up a dedicated special cell for ILP in all the district headquarters; proper maintenance of ILP data and influx of migrants and immigrants; Election Commission of India must review state’s E-roll periodically; need to create awareness and sensitisation of administration personnel by including BEFR in probationary courses for EACs and Dy. SPs; educate both local and non-local citizens and all stakeholders; immediately review all PRC issued to non locals; local citizens should immediately stop providing patronage to non-locals; reframe and restructure the Village Council Act; state government must initiate NRC exercise in Nagaland as early as possible; need for inclusion of BEFR in the syllabus of schools and universities; need to identify the entry and check points in the border areas and ensure strict manpower. The NSF officials announced that they would sit with their high power commission and deliberate further on the points that raised during the day’s discussion and come up with a concise submission to the state government for necessary action.