Disturbed Area: Centre overruled State – Rio

Dimapur, July 19 (MExN): Hoping to calm the war of words between the Naga People’s Front and the Congress on the extension of the Disturbed Area Act in Nagaland, Chief Minister of Nagaland Neiphiu Rio today said the Central government seeks the views of the state government on the matter, but always overrules it. For this reason, Rio said in a letter appended by him, let the issue be, and not use it for political mud slinging and ‘false accusation’.
The chief minister noted the “lot of newspaper reports” and “some critical observations of certain political leaders” about the continued extension of the declaration of Nagaland state as disturbed area under the Armed Forces Special Power Act 1958 (AFSPA).
The chief minister explained in it his letter – “Before renewal of declaration of the disturbed area under the Act, the Central Government seeks the views of the concerned state government. However, in view of the ongoing peace process and the improving law and order situation, the Government of Nagaland has repeatedly been conveying to the Central Government that it is not in favor of the declaration of the state as disturbed area under AFSP Act. However, despite the opposition from the state government, the Central Government has been extending the declaration of Nagaland state as disturbed area from time to time, ostensibly on the ground that Naga political insurgency for secession and political sovereignty is still continuing till today.”
Although the Centre seeks the views of the state in the matter, “it has always been overruling the views of the state government, and continue to declare Nagaland as disturbed area every year,” the CM rued. “The last such declaration has been made by the Central Government extending the period for one year beyond 30.6.2011. Therefore, let this issue not be used anymore for political mud slinging and false accusation of the government of India in declaring Nagaland as a disturbed area under the AFSP Act,” Neiphiu Rio stated.
In the first place, the chief minister said, the Armed Forces Special Power Act of 1958 was enacted in 1958 essentially to facilitate the Indian Army in fighting armed insurgency movement in the Northeast.
The CM stated – “At that point, of time, the only notable armed insurgency movement in the North East Region was Naga insurgency, which is often referred to as the ‘mother of all insurgencies in the North East’. Therefore, it can be said that the immediate motive of the government of India in bringing out the AFSP Act 1958 was essentially to deal with Naga armed insurgency whose avowed objective was sovereignty and secession from India.”
 Section three of the Armed Forces Special Power Act, empowers the Central Government to declare any area within the state or Union Territory to which the Act applies as ‘Disturbed Area’ by notification in the Official Gazette. “Only after such declaration, the special powers conferred on the Armed Forces under AFSP Act can be exercised by them. It may be noted that the declaration of all or part of Naga inhabited areas of Assam, Manipur as disturbed area under the AFSP Act has always been in operation ever since 1958, even before Nagaland state was born. It was always there even during the regime of Congress Ministry in Nagaland,” Neiphiu Rio said.
Sometimes in the past, the disturbed area was declared only covering a 5, 10 or 20 kms belt along the state’s border, Rio said. “However, for quite sometime now, the disturbed area has been declared throughout the state, perhaps due to presence of armed Naga nationalist all over the state,” the CM said.
The chief minister acknowledged that in the past, many innocent Nagas were tortured, and killed, their houses and granaries burnt, and women were raped under the cover of the ASFP Act and Disturbed Area.
“However, for the last few years, due to the improved law and order situation in the state, the people of the state are not being subjected to undue hardship anymore, although the act and the declaration of disturbed area continue to be on papers,” the chief minister stated.



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