Post Mortem

Kenye on why he voted for CAB

By Nagaland Post | Publish Date: 1/16/2020 11:40:08 AM IST

 (From previous issue)

Today, along with the rest of the world, India too is undergoing drastic changes in recent times for better or for worse; unfortunately Religious fundamentalism and communalisms are raising their ugly heads. Hard core Religious ideologues are dictating their terms in the corridors of the powers that be, fanaticism is the order of the day and the onslaught continues. This is a highly risky position since power keeps changing hands, different political parties with different ideologies and policies exchange the reign of power ushering in leaders with varying mindsets and outlook on life. Looking at the national scenario from this perspective we are but a hopeless minority both inside the Parliament and in the country. Even clubbed together the 8 N.E States together form a bare 5% of the national census thereby, reducing the numerical strength of the M.Ps in both the Houses of the Parliament to an abject minority. Therefore, in a situation where we cannot influence the policies and determine the future course of actions to be followed in the nation, we live in uncertain times.

Under the given circumstances with no options left we focused our efforts towards the inclusion of the ILP Bengal Eastern Frontier Regulation of 1873 and restore its full powers and position in the Constitution through an Enactment of the Citizenship Act in the 9th Amendment Bill of 9th December 2019.

In pursuance of the Action Plan I led the debate on the motion of thanks to the Presidential Address in the Monsoon Session in June/July 2019 in the Upper House (Rajya Sabha) and have suggested working out certain modalities and mechanism for each State respectively in the North-Eastern region due to the different situation and history. This was followed by a series of protest outside the Parliament of India. Hectic parleys, lobbying and consultations continued also with the Nagaland Team on the 3rd of December 2019 in New Delhi and it continued till the new Bill was rectified in the last minute to incorporate the Inner-Line (BEFR 1873) as Sec.6B clause 1-4 when it was placed in Lok Sabha on the 9th of December 2019.

Finally, responding to the determined stand, the Union government yielded to our pressure by rectifying the old CAB 2016 and incorporated a special Section 6B clause 4 which reads “ Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the sixth schedule to the Constitution and the area covered under “The Inner- Line” notified under the Bengal Eastern Frontier Regulation,1873” in the new redrafted Amendment Bill on the 9th of December 2019 which have been passed by both the Houses of Parliament and has now become an Act in the Constitution of India. Therefore, the two most important Essences which were missing for the last 64 years have now been addressed which are 

i) Subjecting and binding the provision of the ILP (BEFR of 1873) on all citizens of India under “Restrictions and Conditions” in the Principal Citizenship Act of 1955. 

ii) Ensuring the permanent extension and coverage of the ILP (BEFR 1873) Regulation in the referred Tribal Areas (Nagaland). Thus, giving it a permanent nature which cannot be scrapped by a mere Union Government Notification / Memo/order. And Unlike the earlier position, the ILP-BEF Regulation of 1873 cannot be challenged in any Court of Law which otherwise was dragged to the Supreme Court of India (ref: Writ Petition Civil No.(s) 594/2019 Dt.2/7/2019 Supreme Court of India)

As such, taking into account and examining the fate of all the Refugees waiting for grant of Indian citizenship and the fall-out of whether being granted or rejected, the relevance to our State may be examined as below.

1. (a) For those who will not be granted Indian Citizenship they will have to be deported out of the country in the shortest possible time and

(b) For those granted citizenship through naturalisation with the latest CAA 2019 they will not become super citizens of India but will only be normal citizens of India. Therefore, the provisions of ILP-BEFR 1873 will be applicable to them.

2. For those Foreigners coming as a Tourist visitor he/she will be granted the “Restricted Area Permit” (RAP) from the Ministry of Home Affairs (MHA) and also the grant of ILP by the State Govt.of Nagaland where both the provisions thereof will be applicable to them. 

3. For those citizens of India belonging to any State of India but not from Nagaland, they will be granted the “Inner-Line Permit” (ILP) and the provisions thereof will be applicable to them. But if the ILP is not granted to them and the person has illegally infiltrated into Nagaland, the penalties as mentioned in the provisions of the ILP will be imposed.

With all these options available to the State Govt.of Nagaland, the onus rests on us whether to strictly implement or loosely implement or not to implement at all. The choice and decision remains within ourselves as a domestic affair of the State and its people.

Why I voted in support of CAA 2019.

Though all the Opposition MPs from North Eastern States were protesting against CAB 2016 shoulder to shoulders inside or outside the Parliament, the demands and reasons are different from one State to State. For instance, Manipur was demanding for extension of ILP in the entire State, Meghalaya was also demanding for full coverage under ILP by scrapping the Sixth Schedules, Mizoram was also demanding for extension of the ILP in the entire State and Assam was demanding for cut off of year of 24th March 1971 and the West Bengal is demanding for Inclusion of Muslims and different reasons in different parts of the country.

I understand that the fall-out and consequences of any decision by any authority in any part of the world does not bear the same affect on everybody and my heart goes out to the communities who are adversely affected by the negative impact of this Enactment but for me the Interest of my State and our people remains my priority. So fully understanding that our demand was met by inserting the protective “PROVISIONS”, as rectified and incorporated in the redrafted Bill of 9th December 2019, I extended an “Issue based” support when the Bill was placed in the Rajya Sabha on the 11th of December 2019. 

Whether the infiltrators be illegal immigrants or Foreigners or mainland Citizens of India henceforth, the State Govt. Of Nagaland must strictly enforce the Provisions of ILP Regulations and should the need arise even legislate more provisions to safe-guard our territorial integrity and Identity while also preserving our Ethos as a people for as long as we remain under this Union as a State. But interestingly Nagaland has almost assumed the status of a semi sovereign State after the latest Enactment of Parliament where the ILP equals to a VISA which is the only permit granted by all Foreign Nations to any class of people required for entering their country. 

To bolster and fortify the ILP Regulations, it may be worthwhile for the Govt.of Nagaland to explore for creation of an “ILP Enforcement Directorate” having Subordinate District and Sub-Divisional level “Enforcement Squads” across the State since it is now bestowed with sweeping powers. It must also work out modalities and mechanism to ensure stringent enforcement of the provisions as provided to deal effectively with all threats confronting us today and also to strongly secure our future which comes along with the population influx from outside of the State.

 I take this opportunity to place on record my gratitude to the Government of the United kingdom(Great Britain) on behalf of the Naga people and all the Indigenous Tribal communities inhabiting the North-Eastern Region who have immensely benefitted under the protective shield of the ILP-BEFR 1873 ever since its inception for the last 147 years. I also thank the Union Government of India for incorporating the ILP-BEFR 1873 into the most appropriate Act of the Constitution of India under the “Principal Citizenship Act of 1955” through the latest Amendment. 


K.G.Kenye, M.P 

(Rajya Sabha)

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