L. Moayanger Imchen
Advocate
I pen these individual thoughts on the given subject (RIIN) with the view to dispel some misplaced and misconstrued understanding and interpretations on the issue. Nevertheless, this write up being an individual opinion can be rejected by any reader as misplaced and misconstrued.
All Nagas irrespective of geographic and demographic boundaries in unequivocal terms agrees that." All the Nagas are Indigenous in their Ancestral Homeland which is Contiguous". This agreed thought and assertion invariably justifies the rational and logical reasoning that Nagas of Nagaland are Indigenous Inhabitants on their homeland Nagaland and Nagas of Assam, Manipur, Arunachal and Burma are all Indigenous Inhabitants on their respective homelands. It is formidable necessity. If not bounden duty of all Nagas irrespective of their homelands in the Indian enforced boundaries to safeguard their own lands and territory from any and all forces.
It is every Nagas earnest expectation and zealous anticipation that an honourable solution acceptable to all Nagas is brought in by the negotiating parties at the earliest time in a laudable and peaceful manner.
Every Naga is confidently sure that once new political arrangement under the stewardship of negotiating parties is set in the ancestral homeland of Nagas, a new dawn in political and administrative governance will be proclaimed in the entire Naga ancestral lands under the terms of new coined political phrasology “Shared Sovereignty. This is our Hope, earnest expectation.”
However, as it stands from 1st December 1963 and until now Nagaland with its recognised 16 tribes is a full-fledged State under Indian Union. Thus, Nagaland State derives its powers of governance from the Constitution of India and the laws and rules framed there under. Resultantly, we have State Governor, CM, State Cabinet, MLAs, Nagaland Legislative Assembly and all other related functionaries and institutions executing Welfare State duties and responsibilities as permitted and empowered by the Constitution of India.
Situated thus, Nagaland State Government is empowered and assigned by law to formulate and execute its own policies for governance of its people. The present (RIIN) Notification in my considered view is simply a conscious policy decision of the Government Like any other policy decision of the past. It is amenable to the extraordinary writ jurisdiction of the Hon'ble High Courts and the Apex Supreme Court of the country.
The sole objective of present (RIIN) in my personal estimation is to identify and maintain a record relating to (1) who are Indigenous Inhabitants of Nagaland State (2) who are not Indigenous Inhabitants of Nagaland but citizens of India and (3) who are illegal immigrants/migrants/foreigners. lt is also my observation that this identification and maintenance of record of the aforesaid is necessitated in view of the fact that the State Government wants to enforce Bengal Eastern Frontier Regulation, 1873 (which prescribes Inner line) prohibit all (Citizens of India or any class of such citizens) going beyond such line without a pass/permit from officer of such District more rigorously in all the Districts of Nagaland Including Dimapur District. In my own individual view (RIIN) is a long felt necessity and must be implemented in the whole of Nagaland State with all seriousness and meticulous considerations. It is also pertinent to be understood by all stakeholders that RIIN is not even remotely connected with the long pending Naga Political movement nor with the Government of India directed Aadhaar remuneration/registration.
It would be legally tenable, fair and reasonable if the authority while executing the exercise for implementation of (RIIN) the standing Notification Dated April 26,1977 issued by the Government of Nagaland which is holding the field as of today is followed meticulously as required criteria and yardstick for recognition/registration as Indigenous Inhabitant of Nagaland.
(The views expressed are all personal opinion of the writer)
Address of the writer L. Moayanger Imchen Advocate Gauhati High Court Kohima Bench.
Residence & Chamber New Minister Hiii,House No.A/143 Kohima, Nagaland Phone: 08787676523, 09856308274 Email: [email protected]