John Anar
Kohima
I do not have wide knowledge regarding the Articles mentioned in the Indian Constitution, but I do know the content of what is exactly written there in Article 371(A) and also Inner Line Permit (ILP) Regulation 1873. So to begin with; let us start with the Art 371 (A) of the Indian Constitution which is specifically meant for the State of Nagaland.
371-A. Special provision with respect to the State of Nagaland
(1) Notwithstanding anything in this constitution:-
(a) No Act of Parliament in respect of-
(1) Religious or social practices of Nagas,
(2) Naga customary law and procedure,
(3) Administration of civil and criminal justice involving decisions according to Naga customary law,
(4) Ownership and transfer of land and its resources , shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland so decides. (ended)
Bengal Eastern Frontier Regulations BEFR- Inner Line Permit (ILP) 1873
ILP is an offshoot of Bengal Eastern Frontier Regulations (BEFR) 1873. It is an official document issued by Govt of India (originally introduced by the British in 1873), which prohibits any Indian citizen travelling inward to the protected areas or states without a valid pass to be issued by the respective Deputy commissioners of that protected State(s)/Areas/district.
The State Cabinet of Nagaland has claimed that Nagaland is protected under Art 371 (A) of the Indian Constitution and so called BEFR (ILP) 1873. Anyone who is of sound mind and literate can see and understand what is mentioned there in clause (1) to (4) of the Article 371 (A). Citizenship Amendment Bill CAB 2016 and the provisions mentioned in the Article 371 (A) does not relate in any manner theoretically or practically. Therefore, the Cabinets’ claim is totally ridiculous and misleading for every one of us. Let me clear my view with further illustrations.
If Nagaland is really immune to such act of the Parliament as claimed by our State Cabinet, then Nagaland is more or less the same as Jammu & Kashmir (J&K), which has its own constitution and that no Act of Indian Parliament is applicable to it (J&K) except in case of Emergency (external aggression or War) or unless its Assembly decides so. For example, Right to Education Act (RTE 2009) is not applicable to J&K, whereas, it got automatically affected in Nagaland. Again, the GST Bill 2016(one nation, one tax regime) which came into effect on midnight of 1st July 2017 did not get immediate effect in J&K on the same date/time as other Indian states did.
So let me remind you my dear Cabinets of Nagaland, CAB 2016 is just like any other bill like RTE 2009 or GST Bill 2016. And this bill will also have its auto effect in Nagaland. As such, your so claimed Art 371 (A) or BEFR (ILP) 1873 will not be able to shield Nagaland from this Act. Don’t be educated fools; Art 371 (A) is only about our rights in (religious, customary laws, administration in civil and criminal justice, ownerships of land and resources etc.) and nothing more than this. Similarly, BEFR (ILP) 1873 is only about issuing valid permit in order to visit or roam around in Nagaland State with exception of Dimapur or any other protected areas in Indian states or Country. Therefore, please stop trying to divert few ignorant Nagas when there is much more of us who can interpret which one is right and which one the left.
To my fellow Nagas, I believe we have every right to question our leaders at the times like this when they are intentionally drawing us to pit. We elected them and it is their obligation that they must answer us honestly. Once the CAB 2016 is passed in Rajya Sabha and the President’s assent is confirmed, then no matter in what style we dance or demonstrate our resentment, nothing can be undone. And once the bill becomes an Act, the illegal immigrants will become legal and we won’t be able to raise our fingers to them either. Slowly we shall all be slaves and beggars in our own begotten land. Therefore this is my earnest request to all the learned and wise Naga community to start raising our voice together for the right thing, because our habit of staying aloof despite knowing everything is making our leaders aggressive and arrogant. And this is the reason why Nagaland is becoming more corrupt day after day and year after year. Remember what happened in the beginning of the year 2017 the ULB issue, the people of Nagaland stood up like never before and it crippled everything. This incident shows us who has the real power. Today we choose to remain silent on the issue like this and tomorrow your children and children’s’ children will bear the burden because today we chose stayed as mute spectator. The decision of the NSF to boycott the Republic Day to show resentment against CAB 2016 is quite laudable. Hats off to NSF! And I wish even the apex public bodies like NTC, CNTC, Naga Hoho, ENPO or other strong units like APO, CPO etc. come together in one platform to fight against this bill before it is passed in Rajya Sabha. I see this bill as a threat to our very state, our people and of course our future generations. Dear Naga brethrens PLEASE DO SOMETHING ABOUT THIS.
May God Save my Nagaland
