Dimapur, December 1 (MExN): The Inner Line Regulation Commission (ILRC) under the Naga Students’ Federation (NSF) has clarified that Nepali/Gorkha citizens are not exempted from the purview of the Inner Line Regulation (ILR) in Nagaland and are required to obtain an Inner Line Pass (ILP) under existing laws.
In a press statement, the ILRC said a long-standing misconception has led many to assume that Nepalis/Gorkhas do not require an ILP to enter or reside in Nagaland. It stated that the assumption is “incorrect and unsupported by law.”
According to the ILRC, under the Bengal Eastern Frontier Regulation (BEFR), 1873, “the ILP is mandatory for all persons other than the natives staying within ILP-notified areas, including Nagaland.” It noted that only non-natives settled in the Naga Hills prior to the formation of the State of Nagaland in December 1963 are exempt from the provision.
The Commission pointed out that misinterpretation of the Indo-Nepal Treaty of Peace and Friendship, 1950 has often been cited as a basis for the misconception. It said while the treaty, particularly Articles VI and VII, provides reciprocal privileges relating to residence, movement, trade, and property, these are subject to domestic laws. “India’s protective legislations, including the BEFR, 1873, Article 371(A), and other constitutional safeguards for indigenous communities, remain fully applicable,” it stated. The ILRC asserted that the treaty “does not override the Inner Line Regulation or any protective mechanisms followed in Nagaland.”
The Commission added that the ILP is not based on citizenship but is a protective regulatory mechanism governing entry into tribal and protected areas. “Even Nepalis/Gorkhas who are Indian citizens are required to obtain an ILP unless they fall under the pre-1963 settled category,” the statement said, while adding that Nepali nationals, as foreign citizens, are also subject to immigration regulations in addition to ILP requirements.
“In light of these facts, the ILRC–NSF urges the public and all stakeholders to refrain from spreading or relying on incorrect assumptions regarding ILP exemptions.” It further stated, “The legal position is unequivocal: only non-indigenous persons settled in the Naga Hills prior to 1963 are exempted and Nepali/Gorkha citizens—whether Indian citizens or Nepal nationals—are not automatically exempt from ILP requirements in Nagaland.”
