Who is the Violator of Article 371(A)?

Jonas Yanthan

Nagaland is the only State in the Union of India where the people, and not the State Government, are the owners of land and its resources. Article 371(A) is an assertion of this right. Unfortunately, Nagaland Government’s Modality on Oil and its Nagaland Petroleum & Natural Gas Regulations, 2012 & Nagaland Petroleum & Natural Gas Rules, 2012 (NP&NG Regulations & Rules) instead of performing its duty as a custodian/guardian of the people the regulations and rules were framed to deprive its people of their legitimate customary right to ownership of land and the resources which compelled the Lotha Hoho to seek legal protection. The Lotha Hoho PIL did not come about over night with the installation of the present Lotha Hoho office bearers but a result of long drawn years of threadbare deliberations at various levels of the Tribe ever since the issue of oil exploration cropped up. However, despite patient and persistent appeals through representations to the Government, the State government, instead of listening to our legitimate demand, did not even care to reply. Left with no choice, Lotha Hoho had to seek remedy from a court of law. Today, realizing the importance and legitimacy of the LH’s PIL for the tribes of Nagaland CNTC and NTC has endorsed their paramount support. Below are some major facts that every Naga must know. They are:- 1. A Public Interest Litigation (PIL) is no child play. For a PIL to be admitted in a court of law the Honorable Court must be fully satisfied that the litigation is of great public importance and interest. And for this reason, the Supreme Court of India has ruled that no PIL once admitted in a Court of Law can be withdrawn. 2. NP&NG Regulations & Rules page 4 of para-4 clause- (2) asserts itself as land owner No-(iii) by saying, “the State Government that own wells and/or lands in a Zone.” Whereas, it is a known fact that, as of now, Nagaland Government does not own any wells or land in Changpang and Tssori villages and hence by assuming that in future oil or mineral may be struck in government purchased land and so start claiming 50% of the Landowners’ share from now is a total disrespect and a violation of Article 371(A) of the constitution. 3. Revenue sharing mode does not recognize the ownership rights of the people. It is apparent that the State Government has come up with this devious idea, despite knowing that revenue sharing is against Government’s Financial Rule, to cover up its ownership claim to land and its resources. The only standard norm that recognizes ownership of land and resources is Royalty. LH PIL demands payment in royalty and not revenue sharing. 4. Environment issue is vital but the Government’s Modality and its Rules & Regulation is extremely vague on the matter. Leave alone seriousness on environment issue, Nagaland Government’s lackadaisical attitude can be best depicted in their least concern on the oil spillage at Changpang and Tssori oil fields after the ONGC left the area which in itself is a clear violation of National and international standard of operation of such minerals. 5. On economic issue, the State Government’s Modality on Oil and the NP&NG Regulations & Rules has not specified anything concrete for economic development of the affected villages and the District. As per economic norms, it is the bounden duty of the Government to develop those areas which has the potential for economic activities. Whereas, the State Government only wants to suck the resources dry at the expense of the people of the area it has no intention to develop the District. 6. NP&NG Regulations & rules that gives paramount importance to Naga Hoho and ENPO and not the concern Tribe Hoho where mineral operation is to be done is in itself against the people of concern Tribe. ENPO has its own territory while Naga Hoho has nothing to do with the State of Nagaland because it is a “Pan Naga” organization which includes members from other States who are outside the purview of the Article 371(A). 7. The propaganda that Lotha Hoho PIL is against the Article 371(A) and that LH PIL is going to infringe on the Article 371(A) is purely a figment of imagination. Lotha Hoho PIL is purely for safeguarding Naga customary ownership of land and its resources guaranteed in the Article 371(A). 8. Lotha Hoho PIL has in no way made Government of India a respondent. It was in the wisdom of the Honorable Court that the Secretary to the Government of India, Ministry of Petroleum and Natural Gas was made respondent No. 8. It is pertinent to mention here that ever since Nagaland Government passed NP&NG Regulations & Rules the Union Petroleum Minister objected to the move of the State Government. The recent counter affidavit filed by the Union Government is only an assertion of that objection. Hence the assumption that the Lotha Hoho PIL is a threat to the Article 371(A) does not arise as it was filed only on 5th Oct. 2015. In conclusion, the Lothas know what we stand for and we know well that the truth we stand for is for dignity and honor of every Naga.