Ri Rilo Therie
Kohima
The recent press release in Morung Express dated 12th November 2016, “NLA has no power over oil fields and mineral resources: Petroleum Ministry”, has taken me aback if not others and I would like to know if Nagas are ready to allow such claim to subsist.
In the early period of the 1970s, Naga were unilaterally shifted to Ministry of Home (Internal) Affairs from Ministry of Foreign (External) Affairs by the Government of India (GOI).
There is no record of rejection or repulsion in letter or spirit by the Nagas to my knowledge and I still can’t understand why we have ignored or given up. We have suffered a big India’s arbitrary blow and method of treating us by this shifting. It was an open act of betrayal to the 16th Point Agreement and a disrespectful conduct on the part of the GOI. Point No. 2 of the 16th Point Agreement became non-existent and invalid since then. It was not even found its mention in Article 371A.
Nagas are today liable to question why the GOI had directly made a move to challenge the validity of point No. 7 of 16th Point Agreement. I don’t necessarily support the Nagaland Legislative Assembly (NLA) Acts with regard to Nagaland Petroleum and Natural Gas (NP&NG) but, the contest of Petroleum Ministry that, Naga natural resources were directly under the Union list and that it does not fall under State and Concurrent lists thereby, arguing that nothing restricts (not even resolution of NLA is required for) the Parliament to apply any of its law on oil fields and mineral resources in the State of Nagaland is appalling and outrageous.
This is a very witty plot of the GOI to purge the 7th point mentioned in the 16th point Agreement. The argument of the Ministry of Petroleum that Article 371A is not a source of Legislative Power of the State and that it was only plain words to restrict the application of Laws of Parliament is also a total misinterpretation of Article 371 A. The Act reads and I quote, “371A Special provision with respect to the State of Nagaland (1) Notwithstanding anything in this Constitution, (a) no Act of Parliament in respect of (iv) 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;”. This Act was supposed to incorporate all the Parliament acts inscribed in the constitution prior to or after the Agreement came about in 1960 which was later appended to the Constitution of India through the 13th Amendment Act, 1962.
Therefore, Article 371A was supposed to preclude all other Articles in the Constitution of India for imposing in the land of Nagaland.
Nagas must stand together to quash and put to a conclusion the arguments Ministry of Petroleum (GOI). This is a breach of understanding and Agreement. Any natural resources in Nagaland, whether it is on the surface or under the ground belongs to the Nagas and we must assert our right unswervingly. Such application or PIL should never be entertained and should be made illegal in future. They have no right to poke their nose into Nagas affairs as far as Naga resources are concerned. Nagas should not yield and we cannot succumb to this argument because the very existence of our people in our own land could very well be questioned one day and we may be treated as forcible occupants or outsiders, if the attitude of the GOI is to remain the same.
India is full of unabashed and opportunists, yet scheming lots. Nagas are not stupid but we are badly divided. Everybody agrees that we should have unity, but everybody holds onto one’s own stake and is not willing to share or compromise. While this murky state of affairs continues to loom over our people largely, everything has systematically been snatched away from us, right under our nose.
The Petroleum Ministry must withdraw the Affidavit petition. The NLA must immediately pass a resolution to this effect and notify the people. People of Nagaland should be on the war-footing to subjugate this move of GOI lest we become the Arab, and India becomes the camel, like in “The Camel's Nose In The Tent” from the tale of The Arabian nights. Remember the Camel’s Nose is already inside the tent and the storm still hasn’t yet passed through or, why not call for quashing the very 16 point Agreement, revisit its post era discourses and renegotiate since, the GOI has no respect for it at all?
