The ILP requires all the finesse, ingenuity and statecraft of the Government to constitutionally balance competing demands of various segments of the population among the eight sisters

As the situation in northeast India continues to be one of anxiety, the more or less forgotten Inner Line Permit (ILP) regime appears to be poised to assume centrestage in the coming months. For the first time when I reached Itanagar early in 1997, on a posting as the Chief of Police of Arunachal Pradesh, I must confess, I had not even heard of the Inner Line and its importance for the State.

Familiarising myself with the affairs of the State, I had been advised to read Verrier Elwin’s book and some others, too. Though Elwin was not around when the Inner Line regime was conceived, he is considered to be an authority on the subject. He has explained the concept very succinctly. According to him, the significance of the ILP can be understood as: “It was a two-fold attempt to protect both the tribal people and the settlers in the plains. On the one hand, it prevented encroachments on tribal land. On the other, by checking irritations that might incite the tribesmen to rebellion and raids, it protected the tea planters and their labour.” A pressing need for such a regulation was particularly felt after a violent incident with some tea planters of British origin.

Way back in 1873, when the present State of Assam and, in fact, the entire North-eastern region, was a part of Bengal, the then Lt Governor had issued regulations known as the “Bengal Eastern Frontier Regulation.” These were applicable to the erstwhile territories of the districts of Kamrup, Darrang, Sivasagar, Lakhimpur, Garo Khasi and Jaintia Hills, Naga Hills and Cachar. Later, these were also extended to Sadiya, Lakhimpur and Balipara frontier tracts and other such tracts covering the entire territory of NEFA (now Arunachal), Nagaland and Lushai Hills (now Mizoram).

Manipur being a princely State, it never came under its purview.  Subsequently, the territories of Assam and Meghalaya (Garo Khasi and Jaintia Hills) were taken out of the purview of these regulations. At the time of their original promulgation, according to Section 2, all citizens of India or any person residing here was prohibited from crossing the Inner Line unless permitted. Similarly, as per Section 7, outsiders were barred from acquiring any interest in land or the products of land beyond the Inner Line. Though not applied in most cases, there is a provision for stringent penalties for violation of these regulations. 

For all these years, a continuation of the  Inner Line regime has been justified on grounds of preservation of tribal culture and language. Now, in the wake of protests related to the Citizenship Amendment Act (CAA), this regulation that dates back to 1873, has once again occupied the centre stage. The long-standing demand of the State of Manipur has since been accepted and the provisions of the Bengal Eastern Frontier Regulation, 1873, were notified to be extended to the entire State with effect from December 2019, while exempting it from the provisions of the CAA. The Meiteis constitute about 55 per cent of the Manipuris while the tribals account for 35 per cent.

The tribal communities are themselves divided into several factions and have been at loggerheads with each other for a long time. However, they are together as far as opposition to the Meiteis is concerned. Their fear is that the Meiteis might try to get the benefits of the Scheduled Tribes after the ILP is extended to the entire State and not to the tribal areas alone.  Extension of ILP to the entire State of Manipur  can be validated only if it is treated as a tribal area. Otherwise, it would get invalidated being violative of Article 19 (1) (d)(e) of the Constitution.

There are other reasons, too, for such suspicions to have gained strength. The earlier Government in Manipur had passed a few legislations like the Manipur People’s (Protection) Bill and the Manipur Land Revenue and Land Reforms Amendment Bill without taking the tribal communities into confidence. These Bills were reserved by the Governor for the consideration of the President, who did not give his assent. The current scene is one of wait and watch.

The attitude of the tribal communities of Manipur towards the extension of ILP to the State would also depend on the provisions of the Central Government’s accord with the Nagas. In case the calculated risk taken by the Government for the introduction of ILP in Manipur succeeds, then such demands from Tripura and Meghalaya may also have to be accepted.

Simultaneously, the demand for the enforcement of ILP in the entire State of Assam has gathered momentum. Clause 6 of the Assam Accord pertains to the constitutional, legislative and administrative safeguards to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people. The responsibility for its implementation being with the Government of India, a committee had been constituted by the Ministry of Home Affairs to suggest measures to be taken for the implementation of Clause 6.

This committee, chaired by BK Sharma, a former judge of the Guwahati High Court, has reportedly submitted its report to the State Government, though technically, it should have come to the Ministry. There appears to be a distinct possibility of an emerging discord between the Ministry of Home Affairs and the committee as the latter had recommended the implementation of the ILP for the entire State of Assam and the former has some reservations.

Constitutionally, it would be difficult to justify such a measure as tribal areas of Assam and Meghalaya, besides Mizoram, are all covered under Schedule VI of the Constitution with full-fledged autonomous district councils already functioning there. The autonomous Bodoland Territorial Council  was recently inaugurated by the Prime Minister.

The North-eastern region has always given a lot many anxious moments to the nation. This cauldron is at present almost on the boil and would require all the tact, finesse, ingenuity and statecraft  to constitutionally balance the competing demands of various segments of the population among the eight sisters. 

(The writer is a former Governor and Senior Advisor at the Pranab Mukherjee Foundation)