Red letter day and landmark judgment, says Advocate for VGs
Morung Express News
Kohima | November 23
The Kohima Bench of the Gauhati High Court (GHC) has passed a judgment increasing the salary of Village Guards in Nagaland State from Rs. 1,500 per month to over Rs. 15,000 per month (15,600).
The judgement was made on the basis of a writ petition filed in the Kohima Bench of GHC and decided by the bench. The final judgement, however, was passed by Justice S Serto on November 9 at the Itanagar (Arunachal) Bench, of GHC. The GHC is the High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh and a judgement of GHC can be passed in any benches of these states.
As per the judgment, the Village Guards’ salary was enhanced in accordance to the salaries of the Home Guards as per Home Department notification which raised the salary of the Home guards from Rs. 150 per day to Rs. 520 per day on April 3, 2017.
The advocates for the Village Guards (VGs) were Senior Advocate Taka Masa Ao, Advocates Alemwapang Imsong, Arenlong Longkumer and Khrievono.
Advocate Alemwapang Imsong termed it a “landmark judgment” and a “red letter day” for the people of Nagaland and the Village Guards.
The VGs in Nagaland, who are paid a fixed monthly wage of Rs. 1500 per month, ration allowance of Rs. 25 per day while on duty and yearly clothing allowance of Rs. 500 had filed a writ petition in March 2017 (by the Village Guards Association Nagaland) to enhance their salary. When the VGs are promoted to NCOS rank they are paid Rs. 50 as rent allowance per month. VGs are entitled for regularization in service only from the rank of Jamadar.
Village Guards in history
The VG is one of the oldest forces in Nagaland dating back to 1956 when the Naga Hills were part of Assam. It was raised to provide security to villages from attacks by armed groups. The composition of the force was purely voluntary. In 1982, JB Jasokie, then Chief Minister of Nagaland, issued .303 rifles in place of muskets to improve fire power. This outdated rifle is still used by VGs today.
The force was initiated by Major R. Khathing, IFAS, M.C., OBE, and former Chief Secretary of Nagaland who initiated a case for raising 300 Nagas to be armed with 12 bore guns with the name Tuensang Frontiers Division Scouts. Later it was renamed Village Defence Guards (VDG).
At present there are 9579 VGs in Nagaland posted in the districts of Tuensang, Longleng, Kiphire, Mon, Phek (Meluri). Till date the VGs in Nagaland have earned 24 gallantry awards of Ashok Chakra series from the President of India besides other awards. It may be noted that among the security personnel in Nagaland, the VGs are the highest recipients of the Ashok Chakra.
A village guard’s duty: Exploited and underappreciated
“Our work compared to our salary is not equal,” said TA Ngamlao, VG from Mon and President, Village Guards Association Nagaland (VGAN). He maintained that VGs are given responsibilities beyond their capacity. The most important role of the VGs is to ensure security and protection of their own villages against violence.
Besides guarding the village, VGs are assigned the responsibility of settling disputes in villages; monitor the carriage of illegal items in their villages such as alcohol and ganja; election duty; guiding the paramilitary forces at international borders.
Stressing further on election duty, Kiukhenthong, VGAN General Secretary and VG from Kiphire noted that during elections they are sent for polling duty. “No matter how far, we are sent to other constituencies like other police personnel. We receive Rs. 25 as Ration Allowance (RA) which is not even enough to buy a mineral water bottle,” said Kiukhenthong adding that there is no TA provided.
W. Vent, Executive Chairman, VGAN from Meluri, expressed that the VGs undergo immense hardship especially in the international border areas. “Sometimes it takes three days to travel to the international borders with the Assam Rifles.”
The VGs also face discrimination while applying for BPL and APL rations. “It is difficult for us to get access to these benefits because the others will accuse us of coming under the government service since we are a uniformed group,” adds Vent.
“Our lives are at risk especially when we guide the paramilitary forces at the international border duty,” said Ngamlao informing that starting from 2009 VGAN had sent several memorandums till this year with no response from the government which led them to file a writ petition at the Gauhati High Court Bench.
Too meager, too little and nothing less than exploitation: Justice Serto
In a 23 paged judgment order, Justice Serto stated that though the service of the VGs is supposed to be voluntary, the duty to which they are called upon indicates otherwise. “Therefore the service rendered by them in no way is inferior or lesser than the service rendered by Home Guards of the State. In fact as stated already the nature of their duties involves more risk to live. In the case of VGs in Nagaland, it appears that though their services and sacrifices are acknowledged by words and awards they have not been compensated adequately in terms of wages and allowances. It is difficult to imagine how a man in that kind of situation would look after himself, his family and at the same time continue to render such selfless service to the nation,” stated Justice Serto.
Citing the sum of Rs. 1500 per month plus with Rs. 25 per day and Rs. 500 as annual dress allowance of the VGs, the judgment noted that the salary is too meager and too little to meet the basic minimum needs of a person even in the remotest village of Nagaland.
“Viewing from all angles nobody will deny that the VGs existing wages and allowances is too meager and too little. Therefore, the State Government should examine and raise the same to a reasonable level but no less than that of the Home Guards of the State. Since VGs have waited for such a day too long a time, the exercise should be completed within a period of two months from the date of receipt of a copy of this order. Such increase in the wages and allowances should be made effective from 01.01.2017 since they have suffered for so long,” stated the order.
(An earlier website and the print version of the article gave an impression that the case was filed and decided in Itanagar Bench of Gauhati High Court (GHC). It is clarified the judgment was made on the basis a writ petition filed in the Kohima Bench of GHC and decided by the Bench while the final judgement was passed in Itanagar (Arunachal) Bench, GHC on November 9. The GHC is the High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh and a judgement of GHC can be passed in any benches of these states. This is a corrected version updated on November 24, 2017)
