Nagaland-Assam border dispute: A historical perspective

16 Point Memorandum [dropcap]P[/dropcap]ursuant to the resolution passed by the Naga People’s Convention in August 1957 in Kohima, a 16 Point Memorandum was presented to the Prime Minister of India in Delhi in 1960 by a delegation of the NPC. In the course of discussion, the question of creating a separate State for Naga areas emerged and under Point 12 of the Memorandum, the Nagas demanded the return to Nagaland all the Reserved Forests transferred from the Naha Hills to Assam during the British Regime. Under Point 13, the Nagas put their demand for the consolidation of the contiguous Naga inhabited areas to form a part of the new State.The representative of the Government of India pointed out the Naga delegation on behalf of the Government of India that the boundary of the new State have to be stated in the First Schedule of the Constitution if it was to come into being as a State. Under Regulation 6 of 1957 and Nagaland Act 27 of 1962, the 3 Districts of Kohima, Mokokchung and Tuensang were notified in the schedule which will form part of the State of Nagaland without defining precise boundary. Therefore, the delegation was advised to take up this issue under the provision of Article 3 and 4 of the Constitution of India after accepting the State. After discussion, the Government of India had agreed to place on record the following agreements and the Nagas had agreed to accept ‘Statehood’ under these conditions: The Agreement placed on record was as follows: Point 12: “The Naga delegation discussed the question of the inclusion of the Reserve Forests and of contiguous areas inhabited by the Nagas. They were referred to the provisions in Article 3 and 4 of the Constitution prescribing the procedure for the transfer of areas from one State to another.” Point 13: “The Naga leaders expressed the view that other Nagas inhabiting contiguous areas should be enabled to join the new State. It was pointed out to them on behalf of the Government of India that Article 3 and 4 of the Constitution provided for increasing the area of any State, but that it was not possible for the Government of India to make any commitment in this regard at this stage”. The above points 12 and 13 were agreed upon appreciating the position that it would be essential to restore to the Nagas the areas transferred to the plain districts of Assam by the Britishers for their administrative convenience and the neighbouring Naga inhabited areas to join the proposed State of Nagaland. The Naga delegation was prevailed upon to accept the State on the consideration that only after Nagaland became a State, they could take recourse to the provisions of Article 3 and 4 of the Constitution for the restoration of the areas transferred out of Naga territory and allow the Naga inhabited areas to form the new State. It may be mentioned that after coming into force of the Constitution of India, the boundaries between different States were in fact altered by increasing and/or decreasing the areas of respective States by different enactments made by the Parliament from time to time to remove their grievances. There is no reason why in the case of Nagaland, it cannot be so done under the provisions of Article 3 and 4 of the Constitution in accordance with Points 12 and 13 of the ’16 Point Agreement’. It was on the basis of the final agreement arrived at in July 1960, late Jawaharlal Nehru, the then Prime Minister, on 1st. August 1960 announced in the Parliament, the Government of India’s decision to establish ‘Nagaland’ a State of India comprising the territory of the then existing Naga Hills Tuensang Area. The Government of India could not make definite arrangement at that stage, before Nagaland became a State, on the questions of restoration of transferred areas and merger of contiguous areas inhabited by Nagas but the issue was kept open for future settlement under the provisions of the Constitution. After accepting Statehood, Naga people had hoped that the Government of India, according to their assurance given to the delegation, would take immediate action to re-adjust the boundaries between the two States of Assam and Nagaland by returning all the reserved forests and other areas transferred out of the then Naga Hills to Assam. For more than half a century, Naga people have been still waiting without any solution to the problem in sight. The people have become restive and emotionally charged with doubt that the fate of ’16 Point Aggreement’, the very basis of Nagaland Statehood also would meet the same fate as that of the ‘9 Point Agreement’ of 1947. Over the years since India’s independence, there have been sporadic and continuous problems in the border areas. Innumerable instances of harassment of Naga villagers and public alike by the people of Assam under the direct protection of the Armed Assam Police continued unabated. For instance – a large number of Naga households were destroyed in 1965 so also in 1968 and 1970. The Assam Government posted armed Assam Police throughout the borders from Tizit right through to the North Kachar Hills but the maximum harassment was faced by the people in Tizit, Naginimora, Amguri and Merapani areas covering Abhoipur, Geleki, Tiru Hills, Desoi (Tsurang) Valley, Kakodanga, Doyang, Rengma and all parts of Nambor and Diphu Reserved Forests areas to mention few. After the transfer of Naga territory to Assam starting from 1898, the Assam Government continuously imports encroachers by the thousands and settled them in Reserved Forests and destroyed the valuable forests which belonged to the Naga people. These actions of the Assam Government had given the greatest provocation to the Naga people, for, the Nagas consider these forests which were illegally transferred by the Colonial British Government without the knowledge of the people, belonged to them. Amongst other reasons for insurgency in Nagaland, non-implementation of the ‘NINE POINT AGREEMENT’ of 1947 and the refusal of the Assam Government to transfer back to Nagaland the reserved forests that rightfully belongs to them were the foremost. Destruction of valuable forests and deforesting the reserved forests apart, many inhuman treatments meted out to the Nagas by the encroachers under the protection of Assam Police aggravated the current tense situations. In order to stop such inhuman treatment by the Assam Police in collaboration with the encroachers from Assam side, the then two Chief Ministers of Assam and Nagaland Shri B. P. Chaliha and Shri P. Shilu Ao entered into an Agreement in August 1965 to bring about peace and tranquility in the border areas but Assam Government did not observe the terms of Agreement and the problem continued unabated. Recognising the fact that there was serious border problem between Assam and Nagaland, the Ministry of Home Affairs, Government of India appointed an Adviser to the Home Ministry, Mr. K. V. K. Sundaram in 1971 to look into and ascertain the facts of the case. Considering the seriousness of the problem, the Adviser prevailed upon the two States to make 4 Interim Agreements for the maintenance of peace in the border areas in 1972. Nagaland Government strictly observed the terms of the Agreements but the Assam Government did not, thereby creating more provocation to the Naga people. Indiscriminate arrest of Nagas on filmsy grounds, random destructions of Naga cultivations, and forcible harvest of Naga khetis, looting and removal of properties and above all randomly shooting and killing the Naga people at sight continues as we speak. Realising that this state of affairs cannot be allowed to continue, the Chief Minister of Nagaland took the initiative in June 1978 to request the Chief Minister of Assam for discussion. About six months after, the Chief Minister of Assam agreed for a meeting in Kohima on 2nd. January 1979 when both the Chief Minister agreed to extend the provisions of the Interim Agreements of 1972 both in letter and in spirit, throughout the entire border areas of the two States and to take up the border issue between the two States for a final settlement by bilateral discussions between the two Governments. However, systematic and continued harassments, pre-planned executions by Assam culminated in the unfortunate incident on the 5th. January 1979 with loss of life and properties ensued. The Government of the day condemned the incident and proposed that in order to bring peace and tranquility and to restore normalcy in the areas quickly, the two Governments should take up joint action to which the Assam Government agreed initially but few days later refused to have anything to do with the Nagaland Police including joint patrolling. Instead, Assam Government opened many Armed Police Posts along the border areas in flagrant violation of the conditions of the Interim Agreements of 1972 and that of the two Chief Ministers in Kohima on 2nd. January 1979. In spite of that, the Government and the people of Nagaland continued to strictly observe the terms of the Agreements and took the initiative to request the Chief Minister of Assam for another meeting to bring about normalcy in the border areas. A subsequent meeting held on 28th. January 1979 in Shillong in the presence of the common Governor of the two States in which the two Chief Ministers had agreed that the terms and conditions of the Interim Agreements of 1972 would be strictly honoured and the spirit of these Agreements would be extended throughout the entire Nagaland-Assam border from Tizit to North Kachar Hills. The two Chief Ministers had further agreed that all the land originally occupied by the Nagas would be restored to them. Within two months of Agreement, the Assam Government continued to violate even the last agreement entered into on the 28th. January 1979 between the two Chief Ministers. They have opened many more new Armed Police Posts throughout the border areas. Nagas believe in and honour all Agreements. We have strictly observed the terms of the agreements entered into between the two States. While taking full advantage of the inaction from the Government of Nagaland, Assam Government have imported thousands of encroachers, many of them are illegal immigrant, instigating them to continue to harass the naga people under Police protection. This is the state of affairs prevailing in the border areas today and if Assam continues to encourage the insidious calculated provocation, the consequences will rest entirely on her. Enclosed are a list of Reserved Forests and Tea Estates falling within Naga territory, south of ladoigarh, Nagaland and the southern revenue boundary of Sibsagar transferred to and now in possession of Assam in Annexure II and III. (Compiled By Committee of Border Affairs of Nagaland) Part 3/5 Reproduced by Media Cell, UNTABA (to be continued)