No automatic exemption for Nepali/Gorkha communities in Nagaland: NSF clarifies on ILP rules

The Inner Line Regulation Commission (ILRC) under the Naga Students’ Federation (NSF) has issued a clarification to dispel what it calls a “long-standing misconception” regarding ILP exemptions for Nepali/Gorkha communities in Nagaland.

In a statement, the ILRC asserted that contrary to popular belief, Nepali/Gorkha citizens whether Indian nationals or foreign citizens are not exempt from obtaining an Inner Line Permit (ILP) to enter or reside in Nagaland.

The clarification states that the Bengal Eastern Frontier Regulation (BEFR), 1873, mandates ILP for all non-natives within ILP-notified areas, including Nagaland. The only legal exemption applies to non-indigenous persons who were already settled in the Naga Hills before Nagaland achieved statehood in December 1963.

The Commission said that the Indo-Nepal Treaty of Peace and Friendship, 1950, is often misinterpreted as granting ILP exemption to Nepalis. However, the treaty’s provisions regarding residence, movement, and trade are governed by the domestic laws of each nation, meaning India’s protective regulations—including Article 371(A) and BEFR—remain fully enforceable.

The statement further clarified that the ILP is a protective mechanism rather than a citizenship-based system. Its purpose is to regulate entry into tribal and protected territories, and therefore applies equally to all non-indigenous residents unless specifically exempted under pre-1963 provisions.

The ILRC urged the public to avoid spreading misinformation and reiterated that Nepali nationals are also subject to additional immigration laws beyond ILP requirements.

To ensure effective implementation, the Commission announced that it will conduct surprise checks across various locations to enforce compliance with ILP regulations.