Reiterates Dec 1, 1963 cut-off year
Nagaland Tribes Council (NTC) has appreciated the Register of Indigenous Inhabitants of Nagaland (RIIN) commission for submitting its final report to the state government and also welcomed the decision of the state cabinet to place it before the assembly for further implementation, as reported in the local print media on November 26, 2020.
In a press statement, NTC reminded that Nagaland became a state under the 16-Point Agreement with effect from December 1, 1963, and that for identifying indigenous inhabitants of Nagaland, the cut-off year had already been laid down as “1-12-1963” vide state notification dated April 28, 1997. It asserted that the Bengal Eastern Frontier Regulation (BEFR) 1873/ILP and RIIN were synonymous and therefore there could not be a different date or time of its implementation.
NTC asserted that there was no going back or coming forward from the already laid down agreement and government notification as for the cut-off year as December 1, 1963 to be an Indigenous Inhabitant of Nagaland.
Citing clause 16 of the 16-Point Agreement, which stated that “The rules embodied in the Bengal Eastern Frontier Regulation Act, 1873 shall remain in force in Nagaland,” NTC maintained that the day Nagaland attained statehood, the Constitution of India delegated authority to the state government to enforce the BEFR/ILP throughout Nagaland, including Dimapur valley (now comprising Dimapur, Chümoukedima and Niuland districts).
NTC pointed out that December 1, 1963 was already recognized as the only cut-off year for indigenous inhabitants of Nagaland.
However, it lamented that due to the negligence and casual attitude of successive governments, the law had been kept dormant, thereby allowing unscrupulous elements to take advantage of the complacency of the administration. It alleged that this was adversely affecting land laws, especially in Dimapur valley, which was detrimental to the very existence of the aboriginal people of the state.
The council recalled that far-sighted and patriotic leaders of Nagaland had enacted protective laws safeguarding the land rights of indigenous inhabitants, such as the Nagaland Land Revenue (Amendment) Act, 1978.
It noted that the Act specifically provided that “notwithstanding anything to the contrary in any law, usage, contract or agreement, no person (other than the indigenous inhabitant of Nagaland) shall acquire or possess by transfer, exchange, lease, agreement of settlement of any land in any area constituted into belts or blocks in contravention of the provisions of sub-section (1).”
According to NTC, these protective Acts, rules and notifications were framed in line with Article 371(A) of the Constitution of India, to prevent exploitation of the indigenous people by unseen outside forces. However, it alleged that these provisions were being violated rampantly.
NTC reiterated that there should be no alteration of the cut-off year and date other than December 1, 1963, which it maintained was the effective date for both BEFR/ILP and RIIN in ascertaining indigenous inhabitants of Nagaland throughout the territorial jurisdiction of the state.
It therefore urged upon the state government to promptly implement RIIN and seriously enforce ILP throughout the state of Nagaland.