Article 371(A), a Victim of Nagaland Assembly

Nowhere in India people enjoys as much right over land and its resources than the people of Nagaland. Our time immemorial customary right over our land and resources, inserted as a provision in the Constitution of the Country as Article 371(A), is the soul and spirit of our existence to live in dignity and honor. Our political movement for self determination spanning six decades now has its firm foundation on this inherent right in the form of a Memorandum called the “Memorandum to the Simon Commission” submitted on 10th January 1929 signed by the humble but noble signatories, majority of who were illiterate. Our Customary Rights provisioned in the Article 371(A) of the Constitution is so sacrosanct that it is the envy of all other States of the country and any new political arrangement will demand for its extension to all Naga inhabited areas.In contravention to this time tested truth, it is very painful to note that DAN Government has mindlessly misconstrued and massacred the people’s right to ownership of land and resources guaranteed in the Article 371 (A) and reduced it to a mere decorative piece through an Assembly resolution that led to fermentation of a notorious regulation called Nagaland Petroleum and Natural Gas Rules & Regulation (P&NG Rules & Regulation) 2012. And the worst concern is either the politicians are not aware of the crime they have committed or they have purposely legalized it prompted by their insatiable greed and vested interest. Both ways, it is sheer stupidity. And the most brainless part of it is stupor of the rest of the Nagas except few who, understanding the severity of the matter, had been fighting against this nonsense regulation and modality of the State Government ever since.
The fundamentally wrong contentions in the P&NG Rules & Regulations for the public to analyze are pointed out below. There are various issues which needs rectification but the following are the most fundamental in the context of this write-up.
(1) Nagaland Government claiming itself Land Owner No-3 in its modality saying, “Wherever Government owns land” is extremely presumptuous and illogical because lands purchased by the State Government still belong to the people customarily. The claim is absurd for the simple reason that just because the State Government has purchased a plot in a village for putting up an office building it does not become co-owner of the village properties. MLAs must understand that the State Government, being a welfare government, will continue to purchase land as per need for further welfare activities but that does not right the Nagaland Legislative Assembly to claim ownership over land and its resources that inherently as well as legitimately belongs to the people. Tribes of Nagaland are supreme as far as ownership of land and resources are concern unlike citizens of the other erstwhile princely States where the Government is the supreme owner of land and its resources.
(2) The P&NG rule which talks about ‘Revenue Sharing’ instead of ‘Royalty’ disgracefully scrapes and nullifies the customary right to ownership of land and resources of the people. Through a devious act of swapping the word ‘royalty’ with ‘revenue’ in the P&NG Rule, Nagaland Government has divested the people of their ownership of land and resources but alas except a few none seem to have understood the unforgivable blunder. ‘Revenue’, as is known, is government’s money/wealth while ‘Royalty’ is an acknowledgment of ownership of land, resources etc. No royalty, clearly means, no ownership. Royalty is the only guarantee to ownership. Revenue is purely Government’s income for further development of public welfare and hence sharing it with private or individual will amount to glaring violation of Government’s Financial Rule. No sensible Cabinet/Government will make a rule which violates another of its own rule.
Nagaland Cabinet’s journey of nullification of the Article 371 (A) began with formulation of Cabinet Committee on Oil and Natural Gas in 2009 which gave contract amounting to Rs. 64 lakhs to a Consultant called Thorntorn, who knew little or nothing about Naga Customs or System of ownership of land and resources to come out with a modality on petroleum and Natural Gas. The Government, in 2010, then basing on this faulty modality adopts a resolution under the shadow of Article 371(A) merely to give a legitimate face but the contents were far from the rights enjoyed by the people. And in 2012 Nagaland Petroleum and Natural Gas Rules and Regulations was approved. After approval in the Assembly, it called for a State Level Consultative meet on ‘Transfer of Land and its Resources’ of all the Tribal Hohos adorned by top Naga legal luminaries at Kisama during the same year. At the meet, immediately after the speeches by the empanelled speakers led by then Chief Minister was over rather than inviting the delegates for deliberation, the then Chief Secretary who chaired the meeting stood up and read out four resolutions one of which said, “Nagas are owners of land but their ownership is only the top soil.”
This was shocking to me and my companion but what was more shocking was the utter dumbness of the various Tribe Leaders who rather than reacting against it clapped their hands in acceptance. What a way to honor our time immemorial custom!! If I am not wrong, the Tribal leaders are supposed to be defenders of our customary practices and ownership of land and resources. This was the pre-lunch drama. After lunch, two groups; the other on consultation on 33% women reservation, came together and on assembly a question was raised from one of the delegates who was in the 33% Women Reservation group as to whether any resolution was made on land and resources to which the then Additional CS, who chaired the session, reluctantly read out the resolutions again. An opportunity being opened for challenging the ridiculous resolution, my companion responded with outmost intelligence on the fallacy of the resolution and to which the chairperson wisely observed that the day’s resolutions aren’t worthy of a resolution but at the most considered as a suggestion or recommendation only.
The schizophrenic mentality of our politicians and the Hoho officials did not end there. In continuation of the Government’s persistent effort to legitimize the illegitimate P&NG Rules and Regulation, another State Consultative Meet with the Tribal Hohos, and political leaders of various parties was held on 6th November 2013 at Capital Convention Centre on the Article 371 (A) along with deliberation on the Rules of Executive Business. At the end of the speeches by the top leaders and the legal luminaries on the subjects it was interesting to observe, at least for me, that the same people who had unquestioningly resolved against the ownership of land and its resources enshrined in the Article by resolving that “Nagas are owners of land but only the top soil” resounded with shouts that they would even stage dharnas at Delhi to safeguard the Article 371(A). What an ingenious way for our leaders to safeguard its people’s rights!! This type of reasoning or no reasoning or behavior of persons is termed by our forefathers as having a “goat’s brain”. (sakoli laka timak)
In conclusion, the above elucidation glaringly exhibits that the NP&NG Rules and Regulation and the Modality have not been framed and passed by Nagaland Legislative Assembly in the best of minds. The regulation outrageously demeans the fundamental customary ownership of the Nagas on which rests our sustenance and dignity as a people enshrined in the Article 371(A). For the sanctity of the Nagas, the Regulation and Rule be rectified in the true spirit of our customary right, or be scraped forthwith. The greatest doubt and apprehension today is when our present leaders cannot reason and abide by the minimum laid down customary rights in governing a small State like ours which requires only a minimum common sense and honesty what kind of contribution will such leadership give to the Naga political issue is the biggest question.

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