To,
The Chief Secretary,
Government of Nagaland, Kohima.
Sub: In Matters Relating to Enforcement of the Bengal Eastern Frontier Regulation 1873 in Nagaland
Sir,
The Bengal Eastern Frontier Regulation (BEFR) 1873, has been on a continuous journey for the last one hundred and fifty years in its period of implementations ever since it was enforced. The Regulation, borne out of enabling Act of 1870, has been one of the longest enforced and living regulations of the Colonial Government which was withdrawn in some areas but allowed to be continued in certain regions even post the nation’s independence and post statehoods of Nagaland, Mizoram and Arunachal Pradesh in North East of India.This significance has attracted people from all walks of life to ponder over the underlying factors that had determined the introduction of this Regulation. In the recent development, the fall out of the Citizenship Amendment Act 2019 gave one of the most interesting benefits which came in the form of declaration of the Bengal Frontier Regulation 1873 in the state of Manipur. Notwithstanding the compelling circumstances and the conditions that originated the BEFR 1873, which has been shared and expressed academically or otherwise, by different eminent personalities, authors, social activists, scholars and people from different walks of life, including the then British officials, the benefits of the provisions of the BEFR 1873 for the Nagas is now a unanimity both in terms of the past and for future of the Nagas. It is in this perspective that a time has come to exigently peruse the provisions of the BEFR in the context of today and make amends according to the necessity.
The NSF acknowledges the fact that many successive Governments of Nagaland have constituted various Committees and Commissions to retrospect and introspect the provisions of the BEFR in the light of the day and these committees have also submitted recommendations to the Government. The NSF acknowledges the efforts of all the Members of various Committees and Commissions, especially, the Non-Naga Members, for their tireless efforts in making inroads to the insights of the BEFR vis-à-vis its functioning in matters of enforcements without any bias. Their sagacious discourse and further recommendations are highly laudable and in fact could have been assets for the Government to ponder upon if sincere approach were made toward the objectives for which the Committees and Commissions were constituted.
The NSF is of a firm and considered stand that grave danger is already looming over the economy of the indigenous Nagas which is threatening the very future of the younger generation. The lackadaisical attitude of the implementing agencies of the Government compounded by the ignorance of the Naga public has only been aggravating the issue. Taking advantage of this circumstance, the non-Nagas have already begun to carve out their areas of economy which is rearing its ugly head. Their hegemonic control over the economy of the Nagas has grown to such a height that even politicians are funded during the general elections and such politicians continue to play politics with obligations to non-Nagas. It should be made pertinently clear that the NSF does in no way object the entry of the mainland Indians into the state of Nagaland. Any citizen of India is welcome to Nagaland. Nevertheless, as much as the citizens of Nagaland abide by the laws of the various states of the India, other Indians also must adhere to the laws of the state of Nagaland without any reservation. All non-Nagas who enter into Nagaland are to consider themselves as guests and should stay in Nagaland accordingly. Nagas are naturally hospitable to guests but if the guests start to behave like the hosts, trouble will surely come.
In the highlights of above, genuine time has come for the Government to allow the Nagas to reap the full benefits of the provisions of the BEFR. The interest of the Naga people for whom the state exists must be supreme. Outsiders cannot be allowed to control the Nagas economically and politically which is sadly happening. Therefore, a strong governmental machinery is paramount to ensure the identity of the Nagas, economically, politically and culturally. These tenets must be safeguarded at any costs. The Nagaland Government must takes a holistic approach and take decision to protect the future of its citizens before the Nagas fall into the hands of immigrants, both legal and illegal. Today, it is the considered observation of one and all that these immigrants have embarked upon Nagaland as their safest havens to survive economically at the costs of the Nagas’ economy. Pathetic to say, but the Nagas are day by day becoming preys to this overwhelmingly unabated influx of immigrants. The booming increase in the population statistic of these immigrants in Nagaland has become too alarming and is threatening the very existence and economy of the helpless citizens. In short, the Nagas may soon become minority in our own indigenous homeland. This is because Nagaland Government has been, in the light of the Yesonu Committee, “facilitative” toward its enforcement of the BEFR unlike Mizoram which is “regimental” in its implementation of the BEFR.
In the light of the above, the Inner Line Regulation Commission (ILRC) NSF, for now, pens this contention that if there is one opportunity to safeguard the future of the Nagas, it is none other than the judicious enforcement of the applicable provisions of the BEFR in the light of today. Regimental enforcement of the provision of the BEFR 1873 is the key to the Economic Independence of Nagaland. Towards the fulfilment, the NSF would like to suggest the following point for initial introduction and further to act as the basisin strengthening the future course of enforcement:-
1. Centralised Database System: The Inner Line Pass (ILP) issued to outsiders entering Nagaland must be stored in a single central location. This will ensure ease of access, consistency and improved security for any outsiders entering Nagaland with vested interest. In thisregard, the NSF appeal to the Government of Nagaland (GoN) to establish a Centralised Database System for maintaining data consistency in the issue of ILP.
2. New Establishments and Strengthening of ILP Check Points: The porous Nagaland borders with Assam is posing a big challenge to the implementation of the Inner Line Regulation (ILR) in the state of Nagaland. The GoN must take cognisance of this issue and establish new check points wherever necessary and also re-strengthen the existing check points. Establishment of new check points must include establishment of ILP issuing office and check points at the Dimapur Railway Station and Dimapur Airport.
3. Creation of a Separate ILP Enforcement Wing: The monitoring system after the issue of ILP is very shallow. Every ILP is issued with specific purpose and once the purpose is met and the period of ILP is over, the ILP holders, if not extended, are supposed to go out of the Inner Line demarcation and apply for fresh ILP if felt necessary to enter Nagaland again. If such adherence is not done, then the ILP holder (s) becomes a defaulter(s). A systematic checking is required in this aspect. Many a time, the onus of such responsibility is taken up voluntarily by various students’ unions which often results in conflicts with the implementing agencies of the Government. Therefore, the NSF request the GoN to create a separate ILP Enforcement Wings in all the district headquarters.
4. Sensitisationsof the ImplementingDepartment and its Field Personnel: A thorough in-depth knowledge of the provisions of the BEFR 1873 is essential for the judicious enforcement by the implementing agencies. The limitations and the exemptions of the ILR must be in the finger tips of the implementing agencies. Over the years, due to various reasons, implementing system and its agencies appears to be ignorant over the methods of application of the ILR. The NSF requests the GoN to organise sensitisation programmes to ensure that there are no loopholes in the process of implementation of the ILR.
5. Transparency in the Collection of ILP Fees: Ever since the grant of statehood, the enforcement of the Inner Line Regulation (ILR) has been in vogue. Fees and fines are being collected and levied for ILP and its defaulters. The NSF would like to request the GoN to declare to the public the amount of money collected from the enforcement of ILR to date, and also the utilisation of the money generated from ILP.
6. Change in the ILP fee Payment Method: In order to bring about transparent and accountable system in the payment and collection of ILP fees, the NSF would like to request the GoN to open a separate account for ILP fees and also introduce Unified Payments Interface (UPI) mode of payment. As far as possible, cash transaction should be avoided. Further, the money generated from ILP fees should be specifically used for infrastructural augmentation like setting up of detention centres and deportations thereof. The NSF also suggest that some portion of this money be used for under-privileged Naga students.
7. Ease in Issue of Inner Line Pass (ILP): The NSF feels that no Indian citizens having valid and universally accepted document(s) should be debarred from being issued anILP. In this regard, the NSF suggest that valid Aadhaar Card or EPIC should be the only basic criteria for documental qualification for issuance of ILP.However, while issuing an ILP, the credibility of the guarantor must be thoroughly examined and further,the onus of responsibility on the guarantor must be made stringent.
8. Scrutunisation of Purpose: The purpose for which the entry is being sought must be thoroughly scrutinised and an ILP should be issued only if the purpose is found genuine.
9. Severity of Penalty for Defaulters: It must be understood that more than hundred and fifty years back, the penalty for an ILP defaulter was put at a minimum of Rs 100/- to a maximum of Rs. 500/-The value of this penalty amount in today context will be tremendously high. This speaks for itself the severity with which the defaulters wereexacted a fine during the Colonial regime. Therefore, the penalty for ILP defaulter should not be less than Rs. 5000/- to a maximum of Rs 25000/- for the first offence and for consecutive offense, the amount should be increased in any fold as deemed fit.
10. No Renewal of ILP: The ILP issued to outsiders entering Nagaland should not be renewed at any cost. It can be only extended to the maximum of two times depending on the circumstances and further extension should not be allowed. On the expiry of the period, the ILP holder(s) must compulsorilyleave the Inner Line Area and apply for a fresh ILP if so required.
Sir, the NSF sincerely bestows upon your kind authority the hope and belief that the above-mentioned concerns will be duly considered with utmost seriousness. The NSF shall await the promptness of the GoN towards its requests and suggestions to be converted into reality and appropriate measures be undertaken. Such response of the GoN will go a long way in winning over the trust of the Nagas in general and the younger generationas well as the up and coming Nagas in particular.
Medovi Rhi, President, NSF
Senchumo NSN Lotha, Chairman, IILRC
