continued from... TEA GARDENS The prospects of tea cultivation during the British rule in India led to the indiscriminate illegal encroachment of Naga territory by the foreign power created feeling of acute insecurity. Innumerable instances of violent protest made by the original land holders all along the tea gardens to resist illegal occupation and even the super power of the Colonial Government had to face a lot of problems created by the Nagas within their territory. The slicing out of Naga territory bit by bit in the interest of tea cultivation is supported by documents: *** “…..As early as 1860, the Assam Company took up land for tea cultivation in the Naga Hills, 20 years or more before any other Company was started. Due to occurrence of many clashes between the tea gardeners and the Nagas, the imperial power had to take preventive measures to ease tension along the border by prohibiting any fresh grant south of Ladoigarh which was recognized as the boundary between Naga territory and Assam. The Lt. Governor of Bengal prohibited such fresh grants vide letter No. 2733, dated Fort William, the 13th. June 1871.” Sir Ed. Gait’s History of Assam. The Southern revenue boundary of Sibsagar coincides with Ladoigarh from Jaipur to Gabruparbat and from Gabruparbat a line called the Naga-bund coincides with the southern revenue boundary of Sibsagar which also coincides with the original Inner Line as notified in 1876 up to a point on Doyang. Reference to the word ‘Nagabund’ is found in Alexander Mackenzie’s Memorandum on the North East Frontier of Bengal. Therefore, the Ladoigarh – the Naga Bund, the southern Revenue Boundary of Sibsagar and the InnerLine of 1876 are identical to prove that one and the same line which demarcate the boundary between the Naga territory and Assam. AGITATION OR PUBLIC PROTEST A. The first negotiation by the Naga people with the representative of the then British Indian Government was with Sir Akbar Hydari, the then Governor of Assam in Kohima on 27 to 29 June, 1947. As a result of prolonged discussions, an Agreement known as the ‘NINE POINT AGREEMENT’ was drawn up. It stipulated a modification of the then administrative division by restoring all the forests transferred out of Naga Hills and bring all the Naga inhabited areas under one unified administrative unit. Demand for the restoration of transferred areas and merger of contiguous Naga areas formed part of the ‘NINE POINT AGREEMENT’, showed that Nagas had never compromised with the autocratic actions of the Britishers on the transfer and occupation of their lands by Assam. To implement the solemn agreement in letter and spirit, the Nagas felt that it was the bounden duty of the Government of India to take expeditious step to restore the Naga areas transferred to the plains districts of Assam and other Naga inhabited areas. The Nagas felt completely betrayed when they found that the above solemn agreement made was not carried out promptly. B. Being frustrated on the outcome of the Agreement from thence forward, serious agitation was launched throughout the Naga territory. The first two General Election of the Country were boycotted by the Nagas; the District Council which was set up under the 6th. Schedule of the Constitution was also rejected by the Nagas and the people organized themselves for armed confrontation. Practically all the able-bodied male population of the time went underground. Actual armed confrontation took place when some of the top leaders of the moderate group including Shri T. Sakhrie were murdered by the extremist group in January 1956. In the midst of serious fighting, Naga People’s Convention was held in Kohima in August 1957 where practically all the known leaders from all the tribes were represented by their thousands. The convention in their resolution put their strong representation for the return of the Naga territories transferred out of the Naga Hills to Assam. 16 PONIT MEMORANDUM Pursuant to the resolution passed by the Naga People’s Convention in August 1957 in Kohima, a 16 Point Memorandum was presented to the Prime Minister of India in Delhi in 1960 by a delegation of the NPC. In the course of discussion, the question of creating a separate State for Naga areas emerged and under Point 12 of the Memorandum, the Nagas demanded the return to Nagaland all the Reserved Forests transferred from the Naha Hills to Assam during the British Regime. Under Point 13, the Nagas put their demand for the consolidation of the contiguous Naga inhabited areas to form a part of the new State. The representative of the Government of India pointed out the Naga delegation on behalf of the Government of India that the boundary of the new State have to be stated in the First Schedule of the Constitution if it was to come into being as a State. Under Regulation 6 of 1957 and Nagaland Act 27 of 1962, the 3 Districts of Kohima, Mokokchung and Tuensang were notified in the schedule which will form part of the State of Nagaland without defining precise boundary. Therefore, the delegation was advised to take up this issue under the provision of Article 3 and 4 of the Constitution of India after accepting the State. After discussion, the Government of India had agreed to place on record the following agreements and the Nagas had agreed to accept ‘Statehood’ under these conditions: The Agreement placed on record was as follows: Point 12: “The Naga delegation discussed the question of the inclusion of the Reserve Forests and of contiguous areas inhabited by the Nagas. They were referred to the provisions in Article 3 and 4 of the Constitution prescribing the procedure for the transfer of areas from one State to another.” Point 13: “The Naga leaders expressed the view that other Nagas inhabiting contiguous areas should be enabled to join the new State. It was pointed out to them on behalf of the Government of India that Article 3 and 4 of the Constitution provided for increasing the area of any State, but that it was not possible for the Government of India to make any commitment in this regard at this stage”. The above points 12 and 13 were agreed upon appreciating the position that it would be essential to restore to the Nagas the areas transferred to the plain districts of Assam by the Britishers for their administrative convenience and the neighbouring Naga inhabited areas to join the proposed State of Nagaland. The Naga delegation was prevailed upon to accept the State on the consideration that only after Nagaland became a State, they could take recourse to the provisions of Article 3 and 4 of the Constitution for the restoration of the areas transferred out of Naga territory and allow the Naga inhabited areas to form the new State. It may be mentioned that after coming into force of the Constitution of India, the boundaries between different States were in fact altered by increasing and/or decreasing the areas of respective States by different enactments made by the Parliament from time to time to remove their grievances. There is no reason why in the case of Nagaland, it cannot be so done under the provisions of Article 3 and 4 of the Constitution in accordance with Points 12 and 13 of the ’16 Point Agreement’. It was on the basis of the final agreement arrived at in July 1960, late Jawaharlal Nehru, the then Prime Minister, on 1st. August 1960 announced in the Parliament, the Government of India’s decision to establish ‘Nagaland’ a State of India comprising the territory of the then existing Naga Hills Tuensang Area. The Government of India could not make definite arrangement at that stage, before Nagaland became a State, on the questions of restoration of transferred areas and merger of contiguous areas inhabited by Nagas but the issue was kept open for future settlement under the provisions of the Constitution. After accepting Statehood, Naga people had hoped that the Government of India, according to their assurance given to the delegation, would take immediate action to re-adjust the boundaries between the two States of Assam and Nagaland by returning all the reserved forests and other areas transferred out of the then Naga Hills to Assam. For more than half a century, Naga people have been still waiting without any solution to the problem in sight. The people have become restive and emotionally charged with doubt that the fate of ’16 Point Agreement’, the very basis of Nagaland Statehood also would meet the same fate as that of the ‘9 Point Agreement’ of 1947. Over the years since India’s independence, there have been sporadic and continuous problems in the border areas. Innumerable instances of harassment of Naga villagers and public alike by the people of Assam under the direct protection of the Armed Assam Police continued unabated. For instance – a large number of Naga households were destroyed in 1965 so also in 1968 and 1970. The Assam Government posted armed Assam Police throughout the borders from Tizit right through to the North Kachar Hills but the maximum harassment was faced by the people in Tizit, Naginimora, Amguri and Merapani areas covering Abhoipur, Geleki, Tiru Hills, Desoi (Tsurang) Valley, Kakodanga, Doyang, Rengma and all parts of Nambor and Diphu Reserved Forests areas to mention few. After the transfer of Naga territory to Assam starting from 1898, the Assam Government continuously imports encroachers by the thousands and settled them in Reserved Forests and destroyed the valuable forests which belonged to the Naga people. These actions of the Assam Government had given the greatest provocation to the Naga people, for; the Nagas consider these forests which were illegally transferred by the Colonial British Government without the knowledge of the people, belonged to them. Amongst other reasons for insurgency in Nagaland, non-implementation of the ‘NINE POINT AGREEMENT’ of 1947 and the refusal of the Assam Government to transfer back to Nagaland the reserved forests that rightfully belongs to them were the foremost. Destruction of valuable forests and deforesting the reserved forests apart, many inhuman treatments meted out to the Nagas by the encroachers under the protection of Assam Police aggravated the current tense situations. In order to stop such inhuman treatment by the Assam Police in collaboration with the encroachers from Assam side, the then two Chief Ministers of Assam and Nagaland Shri B. P. Chaliha and Shri P. Shilu Ao entered into an Agreement in August 1965 to bring about peace and tranquility in the border areas but Assam Government did not observe the terms of Agreement and the problem continued unabated. Recognizing the fact that there was serious border problem between Assam and Nagaland, the Ministry of Home Affairs, Government of India appointed an Adviser to the Home Ministry, Mr. K. V. K. Sundaram in 1971 to look into and ascertain the facts of the case. Considering the seriousness of the problem, the Adviser prevailed upon the two States to make 4 Interim Agreements for the maintenance of peace in the border areas in 1972. Nagaland Government strictly observed the terms of the Agreements but the Assam Government did not, thereby creating more provocation to the Naga people. Indiscriminate arrest of Nagas on flimsy grounds, random destructions of Naga cultivations, and forcible harvest of Naga khetis, looting and removal of properties and above all randomly shooting and killing the Naga people at sight continues as we speak. Realizing that this state of affairs cannot be allowed to continue, the Chief Minister of Nagaland took the initiative in June 1978 to request the Chief Minister of Assam for discussion. About six months after, the Chief Minister of Assam agreed for a meeting in Kohima on 2nd. January 1979 when both the Chief Minister agreed to extend the provisions of the Interim Agreements of 1972 both in letter and in spirit, throughout the entire border areas of the two States and to take up the border issue between the two States for a final settlement by bilateral discussions between the two Governments. However, systematic and continued harassments, pre-planned executions by Assam culminated in the unfortunate incident on the 5th. January 1979 with loss of life and properties ensued. The Government of the day condemned the incident and proposed that in order to bring peace and tranquility and to restore normalcy in the areas quickly, the two Governments should take up joint action to which the Assam Government agreed initially but few days later refused to have anything to do with the Nagaland Police including joint patrolling. Instead, Assam Government opened many Armed Police Posts along the border areas in flagrant violation of the conditions of the Interim Agreements of 1972 and that of the two Chief Ministers in Kohima on 2nd. January 1979. In spite of that, the Government and the people of Nagaland continued to strictly observe the terms of the Agreements and took the initiative to request the Chief Minister of Assam for another meeting to bring about normalcy in the border areas. A subsequent meeting held on 28th. January 1979 in Shillong in the presence of the common Governor of the two States in which the two Chief Ministers had agreed that the terms and conditions of the Interim Agreements of 1972 would be strictly honoured and the spirit of these Agreements would be extended throughout the entire Nagaland-Assam border from Tizit to North Kachar Hills. The two Chief Ministers had further agreed that all the land originally occupied by the Nagas would be restored to them. Within two months of Agreement, the Assam Government continued to violate even the last agreement entered into on the 28th. January 1979 between the two Chief Ministers. They have opened many more new Armed Police Posts throughout the border areas. Nagas believe in and honour all Agreements. We have strictly observed the terms of the agreements entered into between the two States. While taking full advantage of the inaction from the Government of Nagaland, Assam Government have imported thousands of encroachers, many of them are illegal immigrant, instigating them to continue to harass the Naga people under Police protection. This is the state of affairs prevailing in the border areas today and if Assam continues to encourage the insidious calculated provocation, the consequences will rest entirely on her. Enclosed are a list of Reserved Forests and Tea Estates falling within Naga territory, south of ladoigarh, Nagaland and the southern revenue boundary of Sibsagar transferred to and now in possession of Assam in Annexure II and III. ANNEXURE - I “No. 89. No. 3386P, dated Fort William, 24th. Dec. 1875. Notification: By Government of India, Foreign Department. In supersession of the Notification by His Honour, the Lt. Governor of Bengal, dtated the 16th. December 1867, the Governor General in Council is pleased to declare the boundaries of the ‘Naga Hills District’ to be as follow: BOUNDARIES OF THE NAGA HILLS AGENCY: NORTH:- From the sources of the Dikhore river in the Rengmah Naga Hills, a line along the summit of the hills from which the Longungtun, Barpung and Tarapung streams take their rise, to the sources of the Dahorijan, thence down the Dahorijan until it meets the Kolliani river, up the later river to its junction with a small stream that flows into it from west, about half a mile below the Aitonia village of Kolliani, from whence in a straight line due east for about two miles until it cuts the Doigurang river, then up the latter river until it meets the path leading from Murphulani to the Nambor, from whence along that path for about a quarter of a mile until it meets the Tarajan, thence along the latter stream to its junction with the Dhansiri river, and from thence up this latter river to its junction with the Doyang river, and finally up along the Doyang river to its junction with the Horipani. SOUTH:- From the sources of the Langting river below the peak about three miles almost due east of Semkhoi a line along the summit of the hills from which the Jinam, Jhiri Makho river take, their rise until it reaches the hill above the Naga village of Ungaluah or Galuah, from whence almost due east down a spur from that mountain until it cuts the Chuline river, from thence down the latter river until its junction with the Barak river and up the course of the latter river until its junction with the Zupoo river from whence up the latter stream to its source in the Burrail range of mountains below the Tenepoo peak, from whence a line of about two and a half miles along the summit of that range to the Khunho peak and from thence down the main feeder of the Zullo river to a spot about a quarter of a mile below where it is joined by the stream which has its source below the Tenepoo peak (and flows between villages of Viswema and Khuzama) and from spot up the small streamlet below the Napu hill, on to the crest of the ridge dividing the Zullo from the Sijjo, and between this villages of Kedima and Phusami, then a line along the summit of this ridge from boundary pillar to boundary pillar for a distance of about a quarter of a mile where it turns off to the east, down the centre of a spur running between the two small feeders of a small stream named the Merori, thence down the later stream to its junction with the Sijjol river, then up latter river for about a mile until it meets a small stream named the Sekharri (flowing into it from the east) which stream then forms the boundary up to its source at Telizo peak. WEST:- A line from the source of the Langting river in the Burrail mountains below the peak about three miles east of Semkhor, down the course of that river to its junction with the Doyang river and from thence down the latter river until it meets the Lamsakhong Nuddi, thence up the latter stream to its point of exist out of the hills, from whence along the foot of the hills (in a succession of straight lines from headland to headland, that is to say, from the foot one spur to the foot of the next in a straight line, and not following all the sinousities of every little bay or valley) crossing the Longkajan and the Dikhrongkhrong Nuddi at their respective points of exit from the hills and until it meets the Dimorujan, from whence down the latter stream as far as the village of Kaki Namsa from which point it turns off to the north, following the path between the latter village and the village of Sakher on the left bank of the Jamoona river, from whence up that river until it meets Samagurijan, thence up the latter stream for about two miles to its point of exit out of the Rengmah Naga Hills from whence a line along the foot of the hills (again going from headland to headland) crossing the Zikok, Digolpani, Solabor, Longsompi and Horghati streams at their respective points of exit of the hills and until it meets the Dikhori river which latter river then forms the boundary up to its source in the Rengmah Naga Hills. The eastern boundary is for the present left undefined. ANNEXURE – II FORESTS: The Reserve Forests which were either transferred from the old Naga Hills or Reserve Forests which were constituted after the territories were transferred from the Naga Hills to the adjoining districts of Assam may be classified into four categories: 1. CATEGORY – I: Prior to the constitution of a separate Naga Hills District as notified in 1867 and 1875, the entire Naga territory was administered from Asaloo, but after a separate Naga Hills District was formed with Samaguting as its Headquaretr, the region around Asaloo was excluded from the main Naga Hills District. But this area was constituted as a separate Sub-division and placed under Kachar District. After these changes were effected, two Reserve Forests were constituted namely (1) Langting Mupa Reserve Forest, and (2) Krungming Reserve Forest. These two forests even though notified as Kachar Reserve Forests were very much within the Naha territory but they were notified as Reserve Forests after the area was transferred from the Naga territory to Kachar. 2. CATEGORY – II: After the old Naga Hills District was formed and the boundary notified in the year 1867 and 1875 as a separate Naga Hills District, the following Reserve Forests were constituted as ‘Naga Hills Forests’: I. Nambor Reserve Forest : NO. 5, Dt. 17/10/1878 II. Addition to Nambor Reserve Forest : NO. 5, Dt. 17/10/1878 III. Upper Daigurung Reserve Forest : NO. 4, Dt. 18/01/1883 IV. Lower Daigurung Reserve Forest : NO. 4, Dt. 18/01/1883 V. Kaliani Reserve Forest : NO. 47, Dt. 05/08/1887 VI. Mikir Reserve Forest : NO. 5, Dt. 17/10/1887 VII. Diphu Reserve Forest : NO. 25, Dt. 13/04/1887 VIII. Rengma Reserve Forest : NO. 25, DT. 13/04/1887 These eight Reserve Forests were perhaps presumed to have been transferred along with the huge territory from the old Naga Hills transferred to the adjoining districts of Assam in the year 1901 and 1903, although there was no separate notification issued transferring these Reserve Forests from Naga Hills. The Chief Conservator of Forests of Assam admitted that these forests have never been officially transferred from Naga Hills to any District of Assam vide the Conservator of Forest report to the Government of Assam. 3. CATEGORY – III: After the transfer of a huge territory from the then Naga Hills District to the adjoining Districts of Assam, the following Reserve Forests were constituted from the areas actually transferred out from Naga Hills. Since the constitution of these forests were effected after the Naga territory was transferred to the adjoining districts of Kachar, Nowgong and Sibsagar, naturally the actual owner of the land, meaning the Nagas could not raise any voice in protest against such Reserves nor could they prefer any claim over their own land. These valuable forests belong to the Nagas, preserved for centuries together and naturally there were no inhabitants in these vast forests, and so the then British Colonial Government constituted these forests as Government Reserve Forests. It is pointed out that these forests were within the territories which were original Naga Hills, but the areas were transferred out of Nagaland to the adjoining districts of Assam without any knowledge of the Naga people in 1901 and 1903. The following are the Reserve Forests constituted in this area: I. Daldali Reserve Forest : Nowgong R. F. NO. 2502, Dt. 22/10/1923 II. Dhansiri Reserve Forest : Nowgong R. F. NO. 3454, Dt. 17/08/1915 III. Langting Mupa Reserve Forest : Kachar R. F. NO. 3454, Dt. 17/08/1915 IV. Lumding Reserve Forest : Nowgong R. F. NO. 3454, Dt. 17/08/1915 V. Desema Reserve Forest : Nowgong R. F. NO. 3454, Dt. 17/08/1915 VI. Kaki Reserve Forest : Nowgong R. F. NO. 3454, Dt. 17/08/1915 VII. Geleki Reserve Forest : Sibsagar R. F. NO. 847R, Dt. 22/02/1918 VIII. Tiru Reserve Forest : Sibsagar R. F. NO. 847R, Dt. 22/02/1918 IX. Kakodanga Reserve Forest : Sibsagar R. F. NO. 367, Dt. 30/06/1910 These Reserve Forests, though notified as Assam Reserve Forests since they were in the area are actually transferred from the old Naga Hills District, the Nagas claims these forests as their own. 4. CATEGORY – IV: In this category, the following Reserve Forests are dealt with separately for certain special reasons: I. Desoi (Tsurang) Valley Reserve Forest : Naga Hills R. F. NO. 235 TR, Dt. 19/02/1918 II. Desoi Reserve Forest : Sibsagar R. F. NO. 45, Dt. 21/11/1883 III. Doyang Reserve Forest : Sibsagar R. F. NO. 28, Dt. 31/07/1888. (1)Desoi (Tsurang) Valley Reserve Forest was notified as Naga Hills Reserve Forest in the year 1902 vide Notification No. 2349R, Dated 19/06/1902. It will be interesting to note that even in the Assam Forest Rule itself vide the Rule No. 85 page 19 of Assam Forest Manual specifically enjoined upon the Forest Officer of Assam that no operation in this forest should be done without order from the Sub-Divisional Officer, Mokokchung. However, for reasons best known to the Imperial Government, the northern boundary of Naga Hills District was revised in the year 1918 in spite of vehement protest even from the British Deputy Commissioner of the then Naga Hills District; this Reserve Forest was transferred in 1924 to Sibsagar District. (2) Desoi Reserve Forest was first notified in the year 1883 as Sibsagar Forest without specifying the boundary of the Reserve Forest, obviously the boundary could not be specified at that time because the area definitely falls within the Naga territory, but because of the availability of the most valuable species of forest in this area, they had to preserve the forest. Having notified the area as Reserve Forest in 1883, it took them nearly 10 years to give the final boundary of this Reserve Forest after shifting the Inner Line in 1882 from the original Inner Line of 1876. The final notification with clear boundary being specified in 1892. Then again, in spite of very strong protest from the local people and the District British Officers themselves, the autocratic Government at the State level constituted this forest and transferred the entire area to Sibsagar District. (3) DOYANG: As in the case of Desoi Reserve Forest, Doyang Reserve Forest was also notified covering a huge area within Naga territory beyond the then Inner Line of Sibsagar District, as Sibsagar Forest in 1888. The Inner Line of 1876 which also coincided with the Revenue Boundary of Sibsagar District covered only a very small portion of this Reserve Forest. It is pointed out here that when this area was transferred from Naga territory to Sibsagar District, the entire Doyang Reserve Forest was shown as transferred from Naga Hills District to Sibsagar in 1903, obviously to rectify an illegal action carried out earlier. LIST OF TEA ESTATES FALLING UNDER NAGA AREAS: Following are the lists of Tea Gardens/Estates that fall under SECTOR – A & B which was listed in early part of eighties. 1. Jamguri T. E.(Tea Estate) 2. Amguri T. E. 3. Nagura T. E. 4. Wokha T. E.(a portion) 5. Gildhari T. E. 6. Mukhrung T. E. 7. Borhaolla T. E. 8. Gurjam T. E. 9. Kalipani T. E. 10. Rajabari T. E. 11. Bosabari T. E. 12. Modhupur T. E. 13. Suraipani T. E.(a portion) 14. Bandarsulia T. E.(a portion) 15. Kherimea T. E. 16. Bahuni T. E. 17. New Hunuwal T. E.(a portion) 18. Desoi T. E.(a portion) 19. Naga Junka T. E. 20. Naginijan T. E. 21. Gabruparbat T. E.(a portion) 22. Laojan T. E. 23. Hulwadaw T. E. Grant NO. 157 24. Rajabari T. E.(Seling) 25. Hulwating T. E. Grant NO. 62 26. Amguri T. E. Grant NO. 12 27. Bonderjan T. E. Grant NO. 96 28. Ahoo T. E. Grant NO. 18 29. Tiphook T. E. Grant NO. 18 30. Namti T. E. 31. Bursala T. E. Grant NO. 21 32. Deopani T. E. 33. Geleki T. E. Grant NO. 21 34. Athkhel T. E. 35. Lakhmi-Jan T. E. 36. Nomemee T. E. Grant NO. 22 37. Ogarijan T. E. 38. Suntook T. E. 39. Cherideo T. E.(a portion) 40. Sufrai T. E. 41. Singloo T. E. Besides these lists of Tea Estates/Gardens under Sector – A & B, there are uncountable numbers of Tea Estates/Gardens under Sector – C & D. We cannot imagine how many Tea Estates/Gardens have been leased out till today starting from 1972 Interim Agreements that covers only few Reserve Forests, moreover, because the Government of Assam have deliberately failed to intimate such leases or contracts if granted to its counterpart, the Government of Nagaland as per the Interim Agreements of 1972 which was further re-affirmed in 1979 by both the Government. Media Cell, United Naga Tribes Association of Border Areas.
Posted on: Sat, 05 Jul 2014 06:18:29 +0000