Who is Jeopardizing the Customary Rights Of Nagas?

Rules and Regulations are basically enacted or made for common good but if any mischief is detected it must be rectified forthwith. Nagaland Petroleum & Natural Gas (NP&NG) rules and regulation 2012 unless amended has serious consequences. It has little or no respect for Nagas’ customary rights. Despicably, though the authors of the Rules and Regulation claim that it has been made in line with the Article 371(A) is, in effect, devoid of vital fundamentals to protect the innocent Naga people’s rights to ownership of land and its resources guaranteed in the Article. The mischief in the NPG Rules springs from a wrong and faulty premise prompted by personal gains at the cost of the innocent villagers.

In 2010, DAN government convened a State Level consultative meet of all the Hohos of the State, stake holders, legal luminaries and Ministers at Kisama on “Transfer of Land and its Resources”. Strangely, there was no consultation at all except one way speeches by the empanelled speakers of the day and at the end of the session the Chief Secretary who chaired the meet read out a four point resolution in which the fourth stated that “Nagas are owners of land but their ownership is only the top soil….. Underneath resources belong to the Government”. Is this not an evident distortion of the Article 371(A) which says that Land and its Resources belong to the people? Nagaland Government’s Rules and Regulation on Petroleum is against the constitutional provision because it is based on this wrong premise that includes usurpation of ownership of the resources by Government derived from a faulty contentious Assembly resolution. To substantiate what is being said here anyone who reads through NP&NG Rules and Regulations will find that State Government is numbered as landowner No. 3 in the list of Landowners and, accordingly in the sharing of profit, Government takes fifty percent of the total share of landowners, it being listed itself as one of the owners.

To be precise, the State Government, after usurping ownership of land fixes a random Rs. 16/- as the share of landowners and out of it takes Rs.8/- and in addition sets aside Rs. 2/- in the name of concern District to be executed through District plan fund which is as good as Government revenue and now what is left for the actual bonafide owners is only Rs. 6/- . This sharing mode can best be described as someone after intruding into someone’s residence and on seeing some valuable things in that house, finds a buyer, sells it without consulting the owner and then takes fifty percent of the proceed and then divides the other portion among the innocent victim’s family members.

Another pertinent question is where is the Rs. 84/- going? Has the government sold our resource to a Company at this price to be given only Rs. 6/- as landowner’s share? These questions make amply clear that transactions made in it are extremely dishonest (criminal in nature) which sufficiently proves that NPG rules and regulation beginning with its modalities is a crime against the customary rights of the Nagas? It is this folly that Lotha Hoho had been voicing its concern against it all along but was given a deaf ear that forced the Lotha Hoho to file a PIL in the Court as a last resort. And for heaven sake the PIL is not for Lothas alone but the whole State. It is upsetting to note that other tribes instead of trying to understand the gravity of the matter, all their Hohos, NGOs and, just a few days back, Nagaland GB Federation; all in the capacity of custodians of our customary rights, listening to stupid and concocted notions that Lotha Hoho PIL is endangering the Article 371(A) when, in fact, it has been raped by the Government and that, the PIL will bring “negative ramifications”, when the so called PNG Rules and Regulations is already a poison for the slow and steady death of our legitimate ownership rights, has been childishly and unwisely appealing the Lotha Hoho to withdraw the PIL. (Sorry for my harsh words but this is the only way to clear the air)

Having thus said three things must be clear in our minds and understanding.

One, the paramount battle of Lotha Hoho PIL is to rectify the wrong PNG Modality, Rules & Regulation that is all out to destroy our established customary right to our land. And as regard to the apprehension that the PIL endangers the Article 371(A) is not only a lie but utterly flimsy because the Prime Minister, Narendra Modi has made it clear in the Parliament that nobody will dare touch, to distort or concoct the constitution of the country because it is the sacred book of the Nation.

Two, Any PIL once admitted in a court of law cannot be withdrawn. This has been reiterated recently by the Supreme Court of India so, stop barking for withdrawal instead use one’s wisdom and honesty for rectification of the crime committed for early take off of the exploration works. In point of fact, this PIL should have been filed by DBs & GBs and village Chairmen Associations and, if not, jointly by all the Hohos & ENPO.

Three, Having made clear the Lotha Hoho PIL’s intent, purpose and the seriousness of the case, all Hohos and NGOs, especially the DBs & GBs claiming to be custodians of our customary practices and rights prevent yourselves from being bullied and used by politicians and individuals with vested interests but rather be the last man standing in defense of our customary practices and rights because in it lies our dignity and honor.
Jonas Yanthan
yanthanjonas@gmail.com