Kiron Paira
Burma Camp, Dimapur
The newspaper publication in The Morung Express on dated 29/03/2025 about the minority communities’ plea for reconsideration of ILP projects the fact that the Minority Community is totally ignorant of the actual fact of the case. It is an irony that the leaders representing the communities have not yet acquainted themselves with the legal aspect of the matter. They did not consult with the Non-Naga tribal community especially the Kachari community who are the actual steward of Dimapur.
Therefore, we are constraint to clarify the matter to the Governor of Nagaland and the Non-Naga communities.
The Regulation, 1873, has an operational part, which means it is applicable to certain area which is expressly mentioned in the Regulation. Beyond the operational area, the Regulation 1873 does not operate. The Regulation 1873 is applicable only in Naga Hills. If it is required to be extended to Dimapur, Chümoukedima & Niuland, the Parliament’s sanction is required.
The Nagaland Assembly, the Governor of Nagaland, and the cabinets do not have power to amend or modify the Regulation, 1873.
In the year 2019, application of Inner line Regulation, 1883, in North-eastern states and Dimapur was extensively discussed in the Parliament.
The Union Home Minister, Amit Shah, expressly stated in the Parliament that the application of Regulation, 1873, is exempted in Dimapur. No member of the Parliament including Nagaland MP objected to it.
Therefore, it is clear that there is no sanction of modification of the Regulation, 1873. At that time, Chümoukedima and Niuland were the sub-divisions of Dimapur. When the Union Home Minister, Amit Shah, said in 2019 that Dimapur will be exempted from application of Regulation 1873, He meant Chümoukedima and Niuland. Chümoukedima and Niuland were bifurcated from Dimapur district in the year 2021.
The points relating to residents staying in Dimapur for a long time and reconsideration on this basis is not relevant at all when the Regulation, 1873, is not at all applicable in Dimapur.
Instead of demanding irrelevant things, the Non- Naga Minority communities of Nagaland should have requested the Governor of Nagaland through the Deputy Commissioner of Dimapur to withdraw the Notification. The Notifications dated 20\9\2024 is ultra virus and legally not sustainable
It appears that there is a fundamental error in the representation of the Minority Communities, therefore, they should submit afresh representation with all the relevant documents requesting the Governor of Nagaland to comply with the decision of the Parliament.
