ILP must protect Naga identity while driving development: Nagaland CM

Nagaland Chief Minister Neiphiu Rio on August 29 said the Inner Line Permit (ILP) system should go beyond being a regulatory mechanism and serve as an effective instrument to protect the state's identity, land, culture and indigenous rights while promoting development and economic opportunities.

Addressing a national seminar on the Bengal Eastern Frontier Regulation (BEFR) Act, 1873, at Town Hall in Dimapur, Rio said Nagaland must strike a balance between safeguarding indigenous interests and allowing legitimate economic activities.

“We have to bring a system of using this BEFR 1873 which will protect Indian citizens, indigenous Nagas, and mutual interest for economic development,” Rio said.

The chief minister said Nagaland should not isolate itself but should explore ways to complement others and adopt best practices while ensuring the protection of its indigenous population.

Rio also referred to the extension of the ILP regime to Dimapur, Chumoukedima and Niuland. The move was challenged before the Gauhati High Court by some individuals, but the court upheld the state government's decision to impose the permit system in the three districts.

Describing the verdict as a “big victory for Nagas”, Rio said it also underlined the constitutional significance of Article 371A.

Referring to the provisions of the BEFR, Rio said the law clearly prevents outsiders from purchasing immovable property in the state.

“We must judiciously use this Act, or otherwise, if we misuse and abuse it or try to harm others, it will harm ourselves,” he said.

Rio said the state's pioneers had ensured the continuation of the BEFR in Nagaland while entering into the 16-Point Agreement. He added that customary laws, land and its resources, and religious practices are protected under Article 371A and should be safeguarded without being misused.

Meanwhile, the Inner Line Regulation Commission (ILRC) of the Naga Students' Federation (NSF) submitted a representation to Rio seeking the creation of an autonomous Inner Line Regulation Commission for Nagaland.

The NSF urged the government to establish the commission through legislation and vest it with full powers to formulate rules and regulations for stringent enforcement of the 1873 regulation.

It also sought autonomy for the proposed body to formulate decisions aimed at creating a robust mechanism for the smooth and balanced implementation of the ILP system.

Senior advocate Prashant Bhushan, who also addressed the seminar, raised constitutional concerns over the ILP system. He said Article 29 of the Constitution protects the right of communities to preserve their language, script and culture, while citizens also have a fundamental right to move freely throughout India.

“Nagaland or the North Eastern states where this BEFR is in force, or where the Inner Line Permits are there, are also parts of India. And if every citizen has the right to freely move, how can one create a barrier through this Inner Line Permit?” Bhushan said.

He argued that imposing such a barrier to entry was unconstitutional, even if obtaining an ILP was relatively easy.

Bhushan further questioned the rationale behind using the ILP system to regulate the entry of outsiders into Nagaland and other northeastern states where the system is in force.