REGISTER OF INDIGENOUS INHABITANTS OF NAGALAND
Context
Recently, an apex body of Naga tribes, Naga Hoho has cautioned the Nagaland Government with respect to preparation of the Register of Indigenous Inhabitants of Nagaland (RIIN), seen as a variant of Assam’s National Register of Citizens.
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The Government of Nagaland has decided to set up a Register of Indigenous Inhabitants of Nagaland (RIIN) with the aim of preventing fake indigenous inhabitants certificates.
The RIIN will be the master list of all indigenous inhabitants of the state.
The RIIN list will be based on “an extensive survey”. It will involve official records of indigenous residents from rural and (urban) wards and would be prepared under the supervision of the district administration.
Based on the adjudication and verification, a list of indigenous inhabitants will be finalised and each person will be given a unique ID. The final list or the RIIN will be created and its copies will be placed in all villages and ward.
All indigenous inhabitants of the state would be issued a barcoded and numbered Indigenous Inhabitant Certificate.
It is strictly bound by all the rules of evidence and by the procedure of the Code of Civil Procedure.
It is not bound by the rules of the Evidence Act and the CPC unless the statute which creates the tribunal imposes such an obligation.
It is presided over by an officer expert in the law. It is not mandatory in every case that the members need to be trained and experts in law.
The decision of the court is objective in nature primarily based on the evidence and materials produced before the court.
The decision is subjective i.e. at times it may decide the matters taking into account the policy and expediency.
It is bound by precedents, the principle of res judicata and the principle of natural justice.
It is not obligatory to follow precedents and principle of res judicata but the principle of natural justice must be followed.
It can decide the validity of legislation. It cannot decide the validity of legislation.
The courts do not follow investigatory or inquisition functions rather it decides the case on the basis of evidence.
Many tribunals perform investigatory functions as well along with its quasi-judicial functions.
The process will be conducted across Nagaland and will be done as part of the online system of Inner Line Permit (ILP), which is already in force in Nagaland.
Once the RIIN is finalised, no fresh indigenous inhabitant certificates will be issued except to newborn babies born to the indigenous inhabitants of Nagaland.
In case anyone who is left out of the RIIN, he/she will need to file an application before Home Commissioner who will get the matter verified and take necessary action for updating the RIIN if needed Naga’s Concern
Exclusion of Nagas – If RIIN implemented the identification process with 1st December, 1963 (the day Nagaland attained statehood) as the cut-off date for determining the permanent residents of the State, it is likely to exclude Nagas who have come from beyond the boundaries of Nagaland.
Loss of Property – Naga tribes living in Assam, Manipur and Arunachal Pradesh in India and in Myanmar have a legitimate claim to their ancestral homeland.
o There are thousands of Nagas who have bought lands, built houses and settled down in Nagaland for several
decades.
o In the absence of records such as land pattas, house taxes paid or enrolment in electoral rolls prior to 1st December, 1963 many procedural anomalies will crop up even within the socalled pure Nagas of Nagaland.
Inner Line Permit (ILP)
Inner Line Permit (ILP) is an official travel document required by Indian citizens residing outside certain “protected” states while entering them.
The ILP is issued by the Government of India and is obligatory for all those who reside outside the protected states. With the ILP, the government aims to regulate movement to certain areas located near the international border of India.
ILP’s origin dates back to the Bengal Eastern Frontier Regulations, 1873, which protected the British Crown’s interest in tea, oil and elephant trade.
After Independence, in 1950, the word “British subjects” was replaced by Citizens of India and the focus of the ban on free movement was explained as a bid to protect tribal cultures in northeastern India.
Can Be treated as Illegal – The non-indigenous Nagas could be treated as “illegal immigrants” and their lands and property confiscated. The idea of the Nagas as a people to live together and their aspiration to live with self-determination will be irreparably damaged.