Kaka D. Iralu
Even before the ball could be set rolling for the extraction of oil in Nagaland, disputes between individual private land ownership and collective tribal ownership had started and was turning ugly. But now with the Government of India declaring through the Ministry of Home Affairs, that Article 371(A) does not guarantee Nagas to do whatever they like with their oil, the internal dispute must take a backseat and Nagas must again address the uncomfortable issue of whether Nagaland belongs to the Nagas or Indians. And as we Nagas await a final verdict from our Indian political masters of the MHA, the Petroleum Ministry and the Law Ministry, let us once again ponder over the meaning and implications of our NNC political stand which is URRA UVIE (Our land belongs to us).
Now some rich Nagas who have purchased a lot of lands and believes that their economic future is secure might think, “Why worry over such an issues when article 371(A) is already there in the Constitution of India?” Yes, the said article is indeed there safeguarding Naga rights to their lands and its resources. This right can be stated as: “Notwithstanding anything in this Constitution, no Acts of parliament in respect of ownership of land and its resources shall apply to the State of Nagaland unless the Legislative assembly of Nagaland by a resolution so decides. (Art.371 A (I.), (a), (iv). This safeguard seems to mean that Naga lands and its resources are safe in Naga hands. It also seems to mean that Naga lands are independent of India.
But as things stands now, we may soon be shown that land independence is meaningless without political independence. After all, in every nation, only the governing political authority of the country has authority over the lands and resources of the country. Therefore even in our context, if Nagaland is Indian Territory, then the Central Indian Government has the final authority to decide what should belong to whom. In the light of these facts, Nagas now must just wait for the verdict of the Ministry of Home Affairs, the Petroleum Ministry and the Ministry of Law, Government of India to see where we stand as far as our land ownership rights are concerned.
As far as I am concerned, this Naga marriage with India through the 16 Point Agreement is but a farcical marriage where so many promises have been made to the bride but no real tangible shares or rights have been actually given to her. For example, under the Fundamental rights enshrined in the Indian Constitution, like the rest of Indian citizens, we are also guaranteed the right to life and freedom of expression; right to property and livelihood, right to settlement etc. On top of this, we also have article 371A with the extraordinary right to ownership of land and its resources. However all these rights and special privileges already stands nullified by Acts and regulations like The Assam Maintenance of Public Order Act 1953, the Disturbed Area Act of 1955, the Armed Forces Special Power Act 1958, The Nagaland Regulation act1962 etc. In this farcical marriage, not to talk of land ownership rights, these heinous acts and regulations have nullified even our rights to life and residing in our own lands. This is a fact because by the orders of the Governor we can be uprooted from one place to the other and even be shot to death on mere suspicion. (For more details see “The Naga Saga” pp 345-352)
Therefore, as for the Naga National Council (NNC), we are for both political as well as geographical sovereignty so that we can extract our own 600 million tones of crude oil and drive our vehicles for Taka 20 or 30 per liter. We are also for extraction of our own coal and production of our own Hydro electricity so that we will not have to send all our power resources to a Central Indian Government pool where we get only 20% with the rest taken away by India. In short, we are for freedom and security of life in our own ancestral lands with full land ownership rights.
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