ANSAM peeved
Source: The Sangai Express / Newmai News Network

Imphal, April 25 2018: The All Naga Students' Association, Manipur (ANSAM) said today that it "seriously views the Office Memorandum dated 12-03-2018 of Manipur State Government on the procedure for purchase of land by Central Security Forces whereby obtaining the land through village headman/chiefs has been transferred to the State Government through Deputy Commissioners" .

According to the Naga student body, the memorandum "seeks to disown" the real owners, the village councils/headmen/chiefs of their land.

"Further, the Manipur Land Revenue and Land Reforms (MLR&LR) Act 1960 is not applicable to the hill areas in the present State of Manipur and therefore the memorandum is in direct contravention of this protection of tribal lands", the ANSAM added.

The Naga student body pointed out, "Itis veryclearthatthe governing laws in the mainland such as the Indian Forest Act, 1927, the WildLife (Protection) Act, 1972 and Forest Conservation Act, 1980 had never applied in tribal hills areas".

The ANSAM further said that, in the North East, the agrarian land relations have continued to survive because of their fierce struggle against the British and Indian forces for decades.

It has also remained free from other forces of domination before colonialism.

In postcolonial India, this struggle in turn has reflected in a complex set of legal protection for the region, ANSAM also stated.

"These includes Article 371A(Nagaland), 371C(Manipur), 371G(Mizoram), Article 244 of the Constitution and various other especial Central and State laws.

These laws have summarily provided protection to community control over forest, land and territories in the region," the Naga student body added.

ANSAM questioned the "recent actions" of me Forest Department that is taking place in the hill areas and "censures this blatant demonstration of oppression of the tribals" by the department.

"Under Article 3 71C of the Constitution and items No.(3) and (4) of the Rules, 1972 made there under, it is the Hill Areas Committee of the Manipur Legislative Assembly and ADCs which are competent authorities to deal with the forests produce/products of the tribal areas and the Forest Department has no jurisdiction over the same.

"Thus, legally, such move/decision of the Cabinet on land matters and collection of taxes and actions on forest produces in the hills by the Forest Department under the provision of Manipur Forest Rule 1971 is illegal on the following ground: Manipur Forest Rule 1971 is not applied to the Hills Forest in the Hills is governed by customary laws", the Naga student bodymentioned.

According to ANSAM, "tribal forest" in the State of Manipur does not come under Reserved Forest.

"Eastern Bengal (Regulation) Act of 1873 says; Non Tribal cannot purchase or own land in Tribal Areas/ land.

The term Non Tribal includes Government.

That is the reason why section 3 of the MLR/LR Act of 1960 says; it applies to the whole State of Manipur 'except hills'" it added.

The ANSAM also said that establishment of forest check gates in the hills and collection of taxes is a "violation of our rights and hence amounts to day light highway robbery.

"There are tribal customary laws and practices for managing and sustainable usage of their woodlands/forests and nobody can stop the tribals from enjoyingthe benefits there from.

Therefore, State Government has no authority to collect taxes or seize forest products in the tribal areas", the Naga student body added.

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