Jonas Yanthan
[dropcap]T[/dropcap]here is no second opinion to the fact that ownership of land and its resources is vested in the people as inherent from time immemorial in Nagaland context. In conformity with Naga customary ownership of land and its resources and way of life, the constitutional provision of Article 371(A), which acknowledged our Naga way of life, states that “Notwithstanding anything in the constitution, no act of Parliament in respect of religious or social, customary, administration of civil and criminal justice and ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides” was enacted as the corner stone of Nagaland Statehood. In tune with the Article 371(A), the Parliament amended the Assam Land and Revenue Regulation, 1886 (Regulation 1 of 1886) in 1978 stating “Notwithstanding anything to the contrary in any law, usage, contract or agreement, no person (other than the indigenous inhabitants of Nagaland) shall acquire or posses by transfer, exchange, lease, agreement of settlement of any land in any area or areas constituted into belts or blocks in contravention of the provisions of Sub-Section (1)” in total confirmation of the constitutional provision.The above provisions amply makes crystal clear that the Tribes of Nagaland are the absolute owners of land and resources. The authority and political duty of the Nagaland Legislative Assembly is to study and decide whether any acts of Parliament, in regard to the mentioned provisions can be applied in Nagaland or not. It must be clear to all that the Article does not empower the State Assembly to enact laws, rules and regulations regarding land and resources in the State as it pleases. Therefore, by the fact that people are the sole owners of land and resources, they must be respected and given ample opportunity for realizing their aspirations through their land. And by the fact that the government is not landowner but only a legal guardian should never act as a contractor or broker as it is behaving now. It must be also understood that no Chief Minister or Ministers must think that he or she is the government itself but must work as a role model, leader and defender of people’s rights. The State Government has no other choice but to work within the confines of the Article that protects theirs as well as the people’s rights. Not able to administer or function within this constitutional right is nothing but blockheadedness and inefficiency.
The interpretation of the DAN Government that the Article 371(A) gives full power to the State Assembly in matters of legislation on land and its resources is utterly erroneous for the reason that the State Government is not the owner of land and resources. Any such legislation can be done only by ratification of the people. Nagaland Assembly’s authoritative duty is to work within the rights of the people only. The State politicians must understand that they are elected to protect the interest of the people and not connive with Companies to do business on the land and resources of the people. The function of the Legislative Assembly is to bring development and enact laws that protects and enhances the people’s welfare but not otherwise. Article 371(A) is the basis of the State and hence any elected member who thinks that customary ownership of land is a hindrance to development is not fit to be a leader.
In the true spirit of Article 371(A), Nagaland Government’s first duty, in regard to resources, is to confide in the people about the issue by organizing awareness campaign, educating and sensitizing them as to what is going to come and how to go about. On the contrary, some Ministers and bureaucrats, in the P&NG began hobnobbing with companies for their own share. This being the mentality, modalities on it and its rules and regulation 2012 was approved without any honest consultations and what followed was going ahead with implementation of its decision to launch by force despite people’s genuine protests. What a cowardly and brainless way to lead the Nagas! The State government may defend its position by saying that they had wide range consultative meet with Hohos and NGOs but regrettably their so-called State level consultations were held after the P&NG rules and regulations were passed in the Assembly and worse still the Government, in its first ever consultative meet held at Kisama, brazenly and treacherously attempted to demean the Nagas by trying to resolve that Naga ownership of land is only of the top soil. This is a glaring mockery to all Tribal Hohos, DBs and GBs of the State. The concern Chief Minister and his cabinet should have been taken to task in your Customary Court and punished severely. But alas! This could not take place because they were the participants of the meet that day. This is amazing. I hope the guardians of our customs and traditions will read the Government’s modality on P&NG and discern whether it is an insult or not to Naga customary right to land and resources.
The State Government is the legal guardian but, to our dismay, there were no guardians to protect the innocent and gullible villagers of Changpang and Tssori from the onslaught of companies who went round luring them both in cash and kind. Rather than protecting the interest of the people, the Government went to the extent of dividing tribal Hohos and making Hohos as political wings with an aim to fulfill their vested interests. What a faceless government who cannot honor its responsibility as a legal guardian. Leave alone defending the innocent people from marauding companies; it is very unfortunate that the Chief Minister of Nagaland had forcefully launched the Changpang oil exploitation and continues to even wrongfully defend MOGPL Company despite the serious allegations against it. Isn’t this proof of vested interest and arrogantly poor leadership?
Petroleum or mineral issue is not a Lotha issue, as some may think so, but it is an issue of Naga Customary ownership of land and resources. Oil was struck in Lotha area first which prompted us to study in depth the modalities of the Government and found that it is against the spirit of Naga customary ownership rights because of which we rejected. As the Government gave an opportunity to all the Tribal Hohos to bring in their suggestions, Kyong Hoho came out with certain primary suggestions keeping in mind our custom and the benefit of the whole State but the Government was bent on its vested interest modality. What the government inserted in their modality was the name ‘Naga Oil’ taken from our suggestion. This faulty modality and rule of the Government is not for Lotha area alone but applicable for the whole State and hence needs to be thoroughly amended. Today the issue is oil but tomorrow it is going to be other mineral resources like gold, limestone, coal, precious stones etc located in various parts of the State and therefore all Tribal Hohos, Councils, NGOs and intellectuals of the State must come together and have thorough deliberations on the issue.
The matter must not be left to our politicians or the Nagaland Legislative Assembly alone because we all know their caliber. They have proved not only their inability to handle matter of such importance but also exhibited their incompetence to deliver goods to the people. It appears that DAN’s leadership ability is only to blame the Article 371(A) as hindrance to development. It is time that Tribes of Nagaland wake up to this crisis and set right or be cursed by our generation as brainless and selfish.
