Indo Naga Peace Talk : Part II

Dr. Th. Suresh Singh *

Shushil Kumar Shinde, Okram Ibobi Singh and Thuingaleng Muivah :: Pix - TSE

The 1st article was published in 8 editions simultaneously starting 31st Dec., 12/1st January, 13 simultaneously i.e. 3 editions of Huiyen Lanpao, 2 editions of Sangai Express, Pokna-pham, Naharolgi Thoudang and Sana Leibak. I am thankful to all the Editors for the same. That may probably be the 1st article to publish in 8 editions. I am also thankful to those who congratulated / appreciated the article.

Happy that-The all party delegation for Chandel incident also took up Indo-Naga Peace Talk.
Sad that -They have not met leading Opposition parties for the same purpose.
Also sad that – No concrete proposal was submitted.

What happened after the 1st article (i.e. what happened in the month of January, 2013) ?

Two important developments took place during this month

1) Chief Minister Okram Ibobi met UPA Chairperson Smt. Sonia Gandhi at her 10 Janpat residence from 10– 11.30 am on 11th January, 2013. Sonia team included her political secretary Ahmad Patel, Home Minister Sushil Kumar Shinde, Defence Minister AK Antony and Finance Minster P Chidam- baram. In the evening the CM met PM Manmohan Singh. According to various press reports – our CM had a healthy heated argument with the Union Home Minister's in front of Sonia Gandhi.

The CM also totally rejected the Home Minister's proposal to apply Sixth Schedule of the Constitution to Manipur. The CM also told Sonia Gandhi the Centre's one sided approach, its secrecy and keeping Manipur in the dark. It is further reported that CM told Sonia team to give in writing about the Sixth Schedule so that he can put the proposal to the people of Manipur; and if the people agree - he has no objection.

It is further reported that Sonia was a little unhappy about what was going on in the present parley. According to one close aid of our CM, the CM was reported to have expressed "January 11 is the happiest day in my life."

2) The 2nd development was the meeting the all party delegation (14 parties excluding NPF) had with the Prime Minister and Union Home Minister on 17/1/2013 at 6.10 am and 1 pm respectively. The Manipur delegation was led by our CM Ibobi Singh. Three clear cut decisions were communicated to the delegate by Prime Minister and Home Minister i.e.
I) no disturbance to Manipur boundary
ii) abolition of unauthorized NSCN (IM) camps in Manipur and
iii) handing over of Livingstone to Manipur Govt.

At present, I am only concerned with the peace talk.

Coming to the peace talk – The delegation submitted a memo to Prime Minister & Home Minister "to amend the Constitution and adding a proviso to Article 3, clarifying that its provisions will not be applicable to the NE States, including Manipur, and that their territorial boundaries will never be altered without the consent of the State legislatures concerned." This should be done before any solution to the Naga issue, the delegation further argued.

3) The other important happening was CPI National Executive Committee decision to urge Central Govt. to include Manipur representatives in the present peace talk. It was taken at its meeting held at Bhubaneswor on 11 & 12 January, 2013.

4) The other development was State BJP leaders' meeting will its Central leaders which included LK Advani, National spokeperson Prakash Javdekar and Opposition leader Sushma Swaraj on 25/1/2013 and their commitment to preserve Mani- pur's integrity at all cost.

5) On 10/11/2013, valley based NGOs issued a statement warning State Government not to sign any solution without the consent of the people of Manipur.

6) UNC continued its repeated demand for an Alternative Arrangement outside the Government of Manipur.

These developments forced me to refer to my 3 options for possible solution at my 1st article ie

1) Sixth Schedule with a rider under article 370 of the constitution
2) More power to the district council
3) Utilizing present NEC with more powers/funds. I am compelled to do a little detailed analysis of this susggestion.

I have the updated reprint of The Constitution of India 11th Edition by PM Bakshi, brought from Supreme Court complex while attending the hearing for the removal of AFSPA from Manipur at the Apex Court; Also got a copy of the District Council Manual, Volume I, published by Planning & Development Department, Imphal, 1972 publication.

1) Power under Sixth Schedule and Kashmir type of rider : There seems to be a conflict of what the all party delegation demanded under Article 3 and the Kashmir rider under Article 370 of the Constitution.

i) The Kashmir specific was made in exercise of the powers conferred by clause (i) of Article 370 of the Constitution and the said was added to Article 3 of the Constitution.

Let me quote the exact words contained in the constitution book referred to at page 418 :-

(1) The Preamble (2) part 1. To article 3, there shall be added the following further provision, namely : "provided further that no Bill providing for increasing or diminishing the area of the State of Jammu and Kashmir or altering the name or boundary of that State shall be introduced in Parliament without the consent of the legislature of that State." This is effective from 26/1/1950.

I am a doctor and not a Constitutional expert. However, common sense tells me that the rider is to be made under clause (i) of the Article 370 of the Constitution and to be added to Article 3. In fact Article 2-Admission or establishment of new States, Article 3- Formation of new States and alteration of areas, boundaries or names of existing States and article 4-laws made under article 2 and 3 to provide for amendment of the First and the Fourth Schedules and supplemental, incidental and consequent matters are closely related. In fact many provision are to be added/deleted to article 2/3/4 and others once the amendment is made under clause (i) Article 370.

Hence it is better to clarify whether the rider is to be done under article 370 or under Article 3.

ii) Sixth Schedule : What is this Schedule ? It contains provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. It contains various wide ranging powers/provision. What we common people should understand is that various Autonomous District Councils for the above mentioned States are made under this schedule. Manipur is not included in this schedule.

2. More power to the District Council : Everyone including self, is misusing its nomenclature. Now that I have a copy of the book and would plead all to use the exact title i.e. – The Manipur (Hill Areas) District Council Act, 1971. It was amended 3 times – 1975, 2006 and 2008. It was not mentioned under what Article and schedule of the Constitution the Act is enacted.

Coming to its specifics – This Act has wide ranging powers. That there is still dis-satisfaction in the hill areas inspite of its 41 yrs. existence is another matter. People's anger and anxiety is due to severe lack of farsightedness, inefficient adminis- tration and corruption by various Governments who run the State from time to time has been pointed out in the 1st article.

If the DC members knew how to use their powers under the Act, there will be a lot of all round development and satisfaction.

3. More power and money to NEC :- There is already an institution and a mechanism. With aging and ineffective bureaucrats running the show, what is required is its activation with a vision. If we can convince the Centre and our Naga brethren, this may be the winning hit in the present fluid situation.

What is the solution now ? My previous proposal stands i.e.:-

1) Kashmir type of rider along with Sixth Schedule :-

During the all party delegate's meeting with the Union Home Minister, Shinde was reported to have told the delegate that amendment of the Constitution may be difficult as it is to be passed in Parliament. That means he is willing to examine the proposal. Hence now is the right time for us to press for this rider. We should not miss this opportunity.

We should tell the Union Govt. what is wrong in converting Sonia & Govt's public declaration into reality ? Why play double policy like AFSPA – i.e. Sonia Gandhi's Commitment for repealing the Act from the entire State of Manipur during her election rally in February, 2005 and Prime Minister Manmohan's historic Kangla fort declaration for amendment of the Act in December, 2006?

Be bold enough to tell them not to alienate the people of Manipur more as that will hasten that disintegration of the entire NE region.

Sixth Schedule : Details have been discussed in preceeding paras. We should not be afraid of this schedule. I have maintained that the contents under this schedule to be incorporated is more important and not the schedule itself. Also we should remember that this schedule is ineffective in Assam as pointed out by its Governor.

We should also remember that ANVC (Achik National Volunteers Council) and KSU are demanding more powers for the Garo Hills Autonomous District Council (GHADC), Khasi Hills Autonomous District Council (KHADC) and Jaintia Hills Autonomous District Council (JHADC) respectively as recently as 6 December, 2012.

Hence our fear is that, once this schedule is implemented, it may serve as a basement for future separate State demand. That will be alleviated if the Kashmir rider is incorporated. If agreed - this schedule is also to be implemented in all Hill areas of Manipur and not the Naga-inhabited areas alone.

2) More power to District Council Act, 1971:-

Various ADC members are demanding more powers to the district councils. This also is supported by other organizations. The members are crying that the DCs are not allowed to function inspite of 2 years after election.

Hence such situations only lead to more dissatisfaction of our hill brethren. Hence the State Government should discuss this all important matter with all concerned including valley based organi- sations and bring a consensus.

3) More power to the NEC : If we put this proposal from our side, I have a feeling that the Centre will be happy and will probably look into it. A majority of the NSCN(IM)'s demand may be incorporated under NEC. This may turn out to be winning hit for the vexed problem.

Lastly 2 solutions are left for pondering solution one - sl. no. 1) above and solution two i.e. combination of sl. no. 2) + 3).

What should we do them?

A) Solution one i.e. Sl.no. 1) above :

i) The all party delegation should fix the next visit as early as possible and take up the Kashmir rider type. The CM should consult a constitutional expert from Delhi and clarify whether the rider be under clause (i) of Article 370 or under Article 3 and modify the memo submitted accordingly, if required.

ii) Regarding the proposed contents of the Sixth Schedule – The all party delegate should consult all – Intellectuals, valley based NGOs, hill-based NGOs etc. and bring a consensus as far as possible.

As the Centre is unwilling to declare the proposed one either to the State or to the all party delegate, they should submit the proposal from our own side after having the common consensus contents.

iii) In the next visit, they also should meet the Opposition leaders and explain in detail the factual position. They should request them not only to support the proposed amendment but also to initiate the same.

B. For solution no. two i.e. combination of sl.no. 2) + 3) above

1. The all party delegate should also meet various Opposition leaders and explain this alternative option in detail to solve the vexed problem. After all, in a discussion/parley, the important one is the contents and the way one communicate it to the other side.

2. For the proposed more power to the DC – bring a consensus as suggested in sl. no. 2) above and submit the same to the Central Govt./Opposition leaders.

3. Regarding more power to NEC- The matter needs thorough discussion with the Centre and the Planning Commission.

What our intellectuals and NGOs should do?

1. Try to have a consensus for the proposed contents of Sixth Schedule and more power to the DCs by repeated discussions. At least let us try to give a framework for this to the all party delegation. If it can be done- we will be doing a great service to the State.

2. Visit of a delegation of civil societies + intellectuals to Kohima/Dimapur to meet our Naga brethren.

3. Formation of a watch body comprising civil societies + intellectual + Church leaders to monitor ongoing works in hills and backward area.

4. Avoidance of provocative action/speech as far as practicable. Last 2 + 3 + 4 has been explained in detail in the last article.

5. Role of Governor Gurbachan Singh: In 2011, six of us, as a delegate met our Governor to submit one memo regarding "How to bring peace in Manipur" theme. To me he seems to be quite a reasonable man. He not only took his copy but also was kind enough to take copies endorsed to Sonia Gandhi, Prime Minister and Home Minister for delivery through him.

One should not look down the Governor as a Central agent only. A Governor has wide ranging independent powers.

Hence it is high time intellectuals, civil societies, Oppo- sition leaders etc. met him and apprise the factual situation and request to take up sensitive issues with the Centre.

Unless and until we reach to him, he cannot come out on his own. We can cite the example of Meghalaya Governor P.S. Moosahari who has come out openly against AFSPA for the last 3 - 4 yrs.

We can engage our Governor to come out openly, like his Meghalaya counterpart, in respect of our many sensitive issues.

In our State where criticism and self destruction is the core and non-appreciation of the good work the theme, I would like to thank, through this column, the all party delegation who went to Delhi to take-up this issue.

The right 1st step had at last been done. A good beginning has been made. I hope the hon'ble delegate members would continue to do the same.

We also should remember that a one-sided view cannot solve any problem. We have to give a face-saving space to Muivah & Co and to the Centre. We should utilize the present situation to the maximum. Manipur cannot afford to lose it.