Extension of Inner Line Regulation and Excluded Areas in the Lushai Hills

H Thangtungnung *

Section 2 of the Bengal Eastern Frontier Regulation of 1873 endorsed the Government of India 'to prescribe, and from time to time alter by notification…a line to be called the Inner Line and to prohibit any subject living outside the area from living or moving therein.'

It also stated that 'the active control of the district officer needs not necessarily extend up to the boundary, but it must, under no circumstances, be carried further. Beyond this line the tribes are left to manage their own affairs with only such interference on the part of the frontier officers in their political capacity as may be considered advisable with the view to establishing a personal influence for good among the chiefs and the tribes.'

Like wise, the Inner Line covered the districts of Kamrup, Darrang, Nowgong, Sibsagar, Lakhimpur, Garo Hills, Khasi and Jaintia Hills, Naga Hills and Cachar.

British rule was extended across the Inner Line and movement of non-officials were restricted continuously. The Line covered a vast area in the later period and only the officials and persons like missionaries, approved by the Government were permitted to enter within the zone.

'This Regulation gave power to the Lt. Governor to prescribe a line to be called the Inner Line in each of the tribal areas beyond which no British subject and certain classes of foreign residents could pass without a license or pass. The pass or license might be subject to such limitations as might appear necessary. Rules were laid down regarding trade, the possession of land beyond the line and other matters which gave the Executive Government an effective control. The Regulation also provided for the preservation of elephants and authorized the government to lay down rules for their capture.'

Under the Scheduled District Act, 1874, the whole of Assam had been declared to be a Scheduled District. A majority of the Hill Districts were however, excluded from the operation of the Acts by Section 14 of the Assam General Clauses Act, 1915, and passed by the Assam Legislative Council. The Montague-Chelmsford Report in 1917 recommended that the typically backward tracts should be excluded from the jurisdiction of the Reformed Council. Legislation for such areas should be in accordance with the Regulations of the Governor-General-in-Council under Section 71 of the Government of India Act, 1915.

The Government of India Act, 1919 stated that the Governor-General-in-Council reserves the right to declare any territory in British India to be a backward area under Section 52A of the Government of India Act, 1919.

Thus, on January 3, 1921, the Council declared almost all the Hill Districts including the Lushai Hills as backward tracts. The Assam Frontier Tract Regulations, 1880 had also empowered the Governor to direct the withdrawal of any enactment in force in these areas.

The Simon Commission discussed the constitutional position of the hill areas once again. There prevailed a strong and lengthy debate on this issue of excluding or including the Hill Areas within the legislative reforms. Hutton, The Deputy Commissioner of the Naga Hills, took the view that the administration of the hill areas, except the Jaintia Hills should be completely separated from that of the plains. N.E Parry, the Superintendent of the Lushai Hills, also strongly put forward his expressed desire for the exclusion of the Lushai Hills from reform schemes on the ground that the Lushais were totally different from those of the plains.

The matter was again discussed by the Government of Assam in 1930 which unanimously recommended the exclusion of the Hills areas with the exception of Shillong municipality. The Simon Commission in general, accepted the recommendations of the Provincial Government and therefore, recommended the exclusion of the 'typically backward tracts' excepting perhaps the Khasi and Jaintia Hills, to be administered through the Agency of the Governor. It was the recommendation of the Commission that the backward tracts should be classified into two- excluded and partially excluded areas.

However, which areas should be designated as partially excluded or not was not clearly specified and the suggestion for its administration was also somewhat complicated. The classification- 'excluded areas' only meant the replacement of the somewhat derogatory term- 'backward areas' for a more colourful aphorism. The proposals of the Government of Assam were not fully accepted by the Government of India. The latter was not in favour of the total exclusion of even the Naga, Lushai and the North Cachar Hills including the three Frontier Tracts. The Secretary of State for India however, did not approve the views of the Government of India and instead, consented with the views of the Government of Assam. The view of the Secretary of State for India was also the desire of the Royal Empire Society, which constituted a committee to consider the recommendations of the Simon Commission. Thus, the White Paper on Indian Constitutional Reforms accepted the proposal of the Simon Commission in 1933, including the classification of the areas into 'excluded' and 'partially excluded areas'. It was contained in the Sixth Schedule to the Government of India Bill, 1935.

In this manner, the Lushai Hill Districts was placed within the 'Excluded' areas of the Government of India Act, 1935. But there was agitation from some sections of the Lushais under the aegis of Rev. Nichols Roy for the inclusion of the Lushai Hills under constitutional reforms.

A memorandum was submitted in this regard on 4th December, 1933 to Sir Michael Keane for representation of the Lushai Hills in the Legislative Council. Another petition followed on the 18th December, and on the 11th February, 1934, fifty three additional sheets of paper, containing 3,882 names were submitted to the Governor. Again in April 1934, the Aijal Association submitted a petition directly to the Governor.

A representative Public Meeting was called by McCall, the then Superintendent of the District on the 26th April, 1934 to make out a case for the representation of the Lushai Hills in the Reformed Council. Here, each signatory was publicly coerced to withdraw his name from the petition.

This eventually put a swift end to the agitation. The inaction of McCall revealed the high handedness of the colonial Government which in no way was different from that of a martial state. Intimidation and suppression by armed force was the common practice of the British officers and coercion, oppression and injustice became the order of days. To quote J. Zairema, 'Thus, the bureaucracy had successfully maintained 'Indirect Rule' in the Lushai Hills.'

Reasons for Inner Line: The Inner Line Regulation Act of 1873 imposed several restrictions beyond the Line. It restricted the British subjects from entering beyond the line laid down for the purpose without obtaining a pass or license from the competent authority. The Regulation also prohibited the tea planters from acquiring lands beyond the inner boundary. Thus the Inner Line segregated the hill tribes from the rest of the country by closing the door to outsiders.

There were several reasons for the imposition of this Act. The first important reason might be their reluctance to administer the vast and unproductive hills.

Second, the policy of the colonial Government based on the principle of least interference and administration through the existing tribal chiefs, would have led to the extension of the Inner Line into the Lushai Hills. Thirdly, the introduction of the Inner Line was to bring under rigid control the 'commercial relations of the British subjects with the frontier tribes.

Fourth, to protect and safeguard the tribals and their lands from possible encroachment by the plain people and to prevent them from annihilation. This would enable the tribals to continue with their traditional way of life. The perception of the British in this regard seems to be lack of consciousness and awareness among the hill tribes vis-à-vis their surrounding plain dwellers in every walks of life. This necessitated the British to take concrete steps to shield them from undesirable disturbances. Economically, the tribals were backward and led a very simple living. Socially, their cultural existence needed protection.

Politically, they were at the disadvantaged positions and lack self consciousness. They had not been involved within the national mainstream and modern political system. They sustained their own aged old village administration and self government. They were educationally illiterate and ignorant. They lacked far behind the nearby Assamese and Bengalis.

The British came to the Lushai Hills which were largely untouched by forces outside the region much later than their entry into the plains. This very reason itself gave rise to what was known as the Inner Line Regulation.

Merits and Demerits of the Inner Line: The Inner Line to a large degree, safeguarded the tribal land and rights. Within the line, they were allowed to live a life of their own undisturbed by outside forces. The traditional structure of governance continued unhindered as also their customary law and practices.

Simultaneously, the Inner Line isolated the hill tribes. This policy of the Colonial Government shut the hill areas from the inflow of political ideas and national feelings from outside.20 While the rest of the country was engaged in the fight for independence, the Lushais remained excluded and even the new political philosophy of the Indian National Movement stirred no ripples—as new ideas were unable to cross the barriers erected by the British. As a result, when India achieved independence, the Lushais (Mizos) or Kuki were left to themselves dispersed both within and outside the national boundary.

The barrier of administrative measures like the ‘excluded area' and the 'partially excluded area' till 1935 prevented the Lushais to struggle their own separate existence.21 As the Lushais, being in the 'excluded areas' were not represented in the state legislative assembly of Assam according to the Government of India Act, 1935, the Lushais remained detached from political movements in British India.

Till India independence, they remained politically backward and unconscious. The leaders of the Indian national movement too, paid very little attention to the hill people and their grievances. As a result, the Lushais were uncertain of their future once the British left the Country in 1947.