Thursday, October 6, 2022

Nagaland Government ‘Rehabilitation Policy’ 2016

Preamble: The existing policy of the Nagaland Government on the surrender and rehabilitation of militants/insurgents is sought to be revised to make it more attractive for a person who may wish to join the mainstream. Though the policy focuses on encouraging militant cadres to surrender with standard pattern weapons, however, there is nothing to debar a cadre who does not hold a weapon from surrendering to the Government authorities.

  1. Ordinarily, the new policy is to apply only to UGs/militant/insurgent cadres surrendering with arms. However, the policy does not preclude surrender without weapons of active UG cadres. While surrender without weapons is permissible and welcome, the rehabilitation package shall not apply to them. However, in exceptional cases the State Government shall, in consultation with the Central Government and Security Forces, decide on the rehabilitation package of cadres surrendering without weapons on a case to case basis.
  2. This policy shall be applicable only to militants who are Indian nationals. Surrendering foreign militants or cadres will not be eligible under the scheme. These cases will be treated as per relevant laws.
  3. All surrendering cadres/militants/insurgents or civilians would have to undergo a detailed process of interrogation and questioning about their activities and antecedents before a surrender is formally accepted. The Government agencies will conduct separate and joint interrogations/questioning of the surrenderees. (Standard format for questioning).
  4. The initial surrender can take place at any of the authorities which the State Government may decide. However, it is proposed that the initial surrender would be permissible at any SDO or Police station level, ADC or SDPO level or at the offices of the DC or SP/SrSP. Surrenders can also take place at the posts/offices of the Assam Rifles or Security Forces or Central Paramilitary Forces in the State. Surrender can also be accepted by any senior formation of Police or Assam Rifles/SF.
  5. Upon surrender, the official concerned shall immediately inform the counterpart in the Police Department / District administration/Security Forces. The official before whom the initial surrender takes place shall inform the Nodal officers of all agencies in his juris is ion and also the State Level Rehabilitation Office for further coordination.
  6. The District Level Screening Committee shall conduct a preliminary questioning of the surrenderee in the format prescribed as Annexure-II. In particular this Committee shall recommend and comment specifically on whether an individual is an active insurgent/ UG or not.
  7. After initial contact and once the local level agencies have been informed, the District officials of Police/SF shall make arrangements to give protection to the individual, and also transport him to a “State Level Rehab Centre” for ‘holding’ the individual till the time the ‘background checks’ are carried out and “the surrender is accepted” formally. A screening committee headed by IGP (INT) and comprising of nominated Stake holders would conduct the background check before issuance of the Surrender Certificate.
  8. The cadre shall promise “full disclosure” of antecedents at the time of surrender and interrogation. In the event of agencies concluding that the individual had provided false or incomplete information, the Government and agencies may propose reduction/ discontinuation in stipend or the rehabilitation package.
  9. Once the surrender is formally accepted, the State Government will issue a “Surrender Certificate” or “Certificate of Surrender” in such format as the State Government may prescribe. A person who has been issued surrender certificate after his release from the rehabilitation centre shall report to the nearest Police Station once every 3 (Three) months for a period of 36 (Thirty six) months. An entry to this effect shall be made on the surrender certificate.
  10. The process between Sr. No. 5 to Sr. No. 9 above shall be completed within 30 days of the initial surrender excluding the journey time.
  11. Meanwhile, in the intervening period of 30 (Thirty) days, the Police and Security Forces shall, besides carrying out security and antecedent checks, also examine whether the weapons surrendered are ‘Serviceable standard pattern weapons’ and not country-made or spurious weapons.
    Group Surrender
  12. It is proposed to encourage “Group Surrenders”.
  13. When a ‘Group Surrender’ takes place, the individual members in the group shall have to undergo the same procedure for ‘security clearances and interrogation’ as may be applicable to an individual surrender.
  14. The Government will provide additional incentives to the leaders of the groups where “group surrenders” take place. A surrender will be considered as a “group surrender” where the group consists of at least 5 persons. The group surrender policy will also apply to persons surrendering with arms and ammunitions. The leader of the group where specifically identified shall be eligible for an extra cash incentive besides the normal rehabilitation package. Where the leader is not identifiable, the entire group may share the incentive amount equally.
  15. In case of a group surrender where some of the cadres are without weapons, usually the stipend will not be paid to the cadres without weapons. However, such a stipend or rehabilitation package shall only be paid once the identity and involvement of the cadres with the UG factions is established beyond doubt (within 30 days of the surrender).
  16. It is proposed to incentivize group surrenders based on the number of persons surrendering in a group.

Procedure Upon Initial Surrender

  1. A person/group may surrender before the Police, Security Forces or District Administration. He will be produced before the District Level Screening Committee headed by the Deputy Commissioner with the S.P. and Commander of the security forces of the area as members.
  2. The District Level Screening Committee shall examine the case and thereafter send the surrenderee to the Joint Interrogation Centre with its recommendations.
  3. In the case of those which fall in the category beyond its powers (including but not limited to civilian cadres or cadres without arms), the person will be sent to the joint interrogation centre and the relevant papers sent to the state level committee for its decision.
  4. Joint Interrogation Centre or Centres need to be notified by the State Government. A centrally located rehabilitation centre is also required. The Committee recommends the unused Sub-Jail at Jharnapani be immediately notified as the Joint Interrogation-cum-Rehabilitation Centre (JIRC). The Director General of Prisons, Nagaland may also be notified as the State Level Rehabilitation Officer for the purpose.
  5. Since there are a number of UG factions in Nagaland, the relations among whom and their cadres are not always harmonious, the State Government may have to declare other facilities as JIRC so that cadres of different groups are housed separately in different centres.
  6. A surrenderee shall remain at the rehabilitation centre for a minimum period of 6 (six) months after his first arrival at the JIRC and joint interrogation at JIRC provided that the State Level Committee is satisfied that he has adjusted well with civilian life, and that he would not pose a threat to the society or that his life is not endangered if he walks out of the rehab centre. In no case will the surrenderee remain in the rehabilitation centre beyond 36 (Thirty Six) months.
  7. A standardized bio-data cum interrogation format shall be applicable throughout the State. The format would include columns for bio-data, educational qualification, skill education / experience and any preference for rehabilitation etc so that the rehabilitation process can be expedited.
    Rehabilitation of Militants
  8. The rehabilitation package envisaged has the following components:-
    i. Cash component (stipend) for surrender with weapons
    ii. Cash component for surrender without weapons (wherever approved)
    iii. Cash component for surrender of weapon (one time reward)
    iv. Cash component to be paid in lump sum
    v. Kind components under various schemes of GoI and GoN
    vi. Cash incentives of the leader of the group in case of group surrender.
  9. The cash component for surrender with weapons would include a stipend of Rs 5000/- (Rupees Five thousand only) per cadre per month for any cadre who surrenders with a serviceable standard pattern weapon.
  10. In exceptional cases the GoI and GoN may consider a cash stipend for a cadre who surrenders without a weapon. This stipend would have to be concurred with by all Police, Central Security Agencies and SF/CPMF.
  11. The detailed plan for cash component or reward for surrender of various categories of arms and ammunitions is placed as Annexure III. The cash reward will be a one time reward to be paid after surrender and release from the JIRC directly into the bank account of the person concerned.
  12. All the persons who are issued a surrender certificate and who have spent 6 (Six) months in the JIRC shall be eligible for a ‘one-time grant cum rehabilitation package’ in cash to the tune of Rs 3,00,000 (Rupees three lakhs only) at the time of release from JIRC. The amount shall be remitted directly into the bank account of the person. An amount of Rs 50,000 (Rupees fifty thousand only) shall be paid at the time of the surrender certificate being issued. The balance shall be paid in 2 (Two) equal installments, one at the completion of 1 (one) year from the date of issue of surrender certificate and the other at the completion of 36 months after his release from JIRC.
  13. The GoI and GoN may additionally offer or facilitate the surrendering cadres a rehabilitation package by way of other Government schemes dealing with self-employment or vocational training etc. For surrenderees staying in the JIRC beyond 6 (six) months, the expend vocational training shall be borne out of their stipend. The rehabilitation scheme for those opting for self employment can be dovetailed with the various schemes available under different Departments of the Government.
    Some of the schemes are listed below:-
  14. PMRY schemes under Industries & Commerce Department.
  15. Horticulture Department — Floriculture, Cardamon plantation, Vegetable plantation having short gestation period.
  16. Animal Husbandry Department — Piggery, Poultry.
  17. PMKVY (Prime Minister Kushal Vikas Yojana) — Hospitality, Tourism, Hardware, Masonry, Electronic Repairing, Automobile Mechanic Training, Security Guards.
  18. The surrendering cadres shall, for the period of compulsory stay in the JIRC be entitled to free food and ration at a scale laid down in the Annexure IV. The monthly stipend shall not be used to defray the food and ration expenses.
  19. The period for which stipend is to be paid is for 36 months from the date of the issue of the surrender certificate.
  20. However, the stipend and any unpaid amount of the rehabilitation package will be stopped or discontinued if the individual is found involved in illegal or criminal activity as per laws of the land in force at the time of his involvement in such an activity. For this purpose, a mere prima facie report of involvement in a criminal activity shall be sufficient and a conclusive evidence or conviction after trial is not a required parameter.
    All the sittings of the committee to formulate and recommend this policy were attended by representatives of IGAR (N) and SIB who fully concurred with the policy. The representative were Brig M.S Bains (IGAR) and R.R Verma (Jt. Director)/Shri. Rajendra Kumar, Joint Deputy Director, SIB respectively.
    Sentiyanger Imchen, IAS, Commissioner Nagaland
    L. Singsit, IPS, Spl Secretary (Home)
    Rupin Sharma, IPS, Addl DGP (L&O)
    Renchamo P. Kikon, IPS, IGP (Int)
    Ngamjok Konyak, Addl. Secretary Justice &Law
    V. Kezo, OSD Finance
    Incentive for weapon.The following scale of incentives is Recommended for surrendered weapons/ammunitions:-