Silent invasion of Manipur by Kuki-Zo tribes by side-lining the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967
- Part 4 -

Prof. K. Yugindro Singh *

3. Growth of Kuki militant groups in Manipur:

The existence of the hereditary chieftainship has attributed to rapid increase in the number of Kuki militant groups operating in Manipur. The reason for this phenomenon is that the chief of every Kuki village may set up a village army, being the commander of his village army. Only the Kuki chiefs have the monopoly of military, executive, legislative and judiciary power. Therefore, the Kuki chiefs often acted aggressively with impunity towards other ethnic groups living in Manipur in the past.

There were Naga-Kuki clash in 1992-94 and Paite-Kuki clash in 1997-09 before the current crisis with the Meetei/Meitei community. According to an unconfirmed source, there are at present 45 Kuki militant groups in Manipur inclusive of 25 groups who signed the Suspension of Operations (SoO) Agreement. Notably, the SoO Agreement was signed between the Government of India, the Government of Manipur and two Kuki militant umbrella groups namely, Kuki National Organization (KNO) and United People’s Front (UPF) on August 22, 2008 and it has been continuously extended till February 29, 2024. The existing SoO Agreement needs to be revoked immediately for the following reasons, among others:

(i) The SoO Agreement has created a conducive environment to strengthen the militant outfits and they are responsible for bringing in the Kuki migrants, providing them with language / combat training in their camps and also using the illegal migrants as a labour force for poppy cultivation, arms running, drug trafficking etc.

(ii) The acceptance of illegal migrants as soldiers for Kukiland has led to the phenomenon of expanding Kuki militants’ population who are accommodated in available lands such as the Reserve and Protected Forests, protected sites and wildlife sanctuaries giving adequate room for raising encroachment, deforestation and other illegal activities.

(iii) The SoO Agreement paves the opportunistic way to raise funds from narco-related activities, such as poppy cultivation, opium production, drug trafficking etc. As such, the current violence in Manipur is a fall-out of terrorism orchestrated by Kuki militant groups funded by narco money, mediated allegedly by Kuki policy makers and high-ranking officials using Kuki illegal migrants from Myanmar as soldiers in addition to the Kuki militants who are under the SoO Agreement.

IV. CURRENTLY USED DEFINITION OF “HILL AREAS” IN MANIPUR CONTRADICTS THE MLR & RL ACT, 1960

By completely ignoring the presence of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1963, the Government of Manipur re-organised the whole territory of Manipur into 5 districts comprising of 25 Sub-Divisions, vide order No. 20/39/69-D, dated 12.11.1969, as under:

Sl. No.	Name of District	Name of Sub-Division	Area (in sq. km.)
1`.	Manipur North	(1) Mao West	1,258.0
-	-	(2) Mao East	1,118.0
-	-	(3) Sadar Hills	1,041.0
2.	Manipur West	1) Tamenglong (North)	1,078.0
-	-	(2) Tamenglong (West)	1,078.0
-	-	(3) Tamenglong	874.0
-	-	(4) Nungba	1,314.0
3.	Manipur South	(1) Tipaimukh	804.0
-	-	(2) Thanlon	1,291.0
-	-	(3) Churachandpur North (Henglep)	717.0
-	-	(4) Churachandpur	668.0
-	-	(5) Thinghat	1,101.0
4.	Manipur Central	(1) Imphal East	429.0
-	-	(2) Imphal West	479.0
-	-	(3) Bishenpur	530.0
-	-	(4) Thoubal	405.0
-	-	(5) Tengnoupal	970.0
-	-	(6) Chandel	1,019.0
-	-	(7) Chakpikarong	1,386.0
-	-	(8) Jiribam	387.0
5.	Manipur East	(1) Ukhrul North	847.0
-	-	(2) Ukhrul Central	1,235.0
-	-	(3) Phungyar Phaisat	692.0
-	-	(4) Kamjong (Chassad)	1,036.0
-	-	(5) Ukhrul South	599.0

The currently used definition of “Hill Areas” in the context of Manipur is the one defined by clause 2(c) of the Manipur Legislative Assembly (Hill Areas) Order 1972 according to which “Hill Areas” means the areas specified in the First Schedule which reads as under:

“HILL AREAS: (1) Manipur North, Manipur East, Manipur West and Manipur South revenue districts (2) Chandel, Chakpikarong and Tengnoupal revenue sub-divisions of the Manipur Central revenue district.”

The above definition of “Hill Areas” provided under Clause 2(c) of the Manipur Legislative Assembly (Hill Areas) Order 1972 contradicts the definition of “Hill Areas” provided under clause (j) of section 2 of the MLR & RL Act, 1960 as amended by the Manipur Hill Areas (Acquisition of Chiefs Rights) Act, 1967 w.e.f. 20.6.1967 and made applicable to the State of Manipur w.e.f. 21st January 1972 by the Manipur (Adaptation of Laws) Order, 1972.

According to clause (j) of section 2 of the amended MLR & RL Act, 1960, the definitions of “Valley areas” and “Hill areas” of Manipur are the ones enshrined in the Government of Manipur notification No. 19/3/62/Pol dated 10.5.1963 published in the Manipur Gazette on 15th May 1963 according to which the whole territory of Manipur is divided into two areas namely, “Valley Areas” and “Hill Areas” comprising of the following Revenue Sub-Divisions:

Name of Area : (i) Valley Areas
Revenue Sub-Divisions : (1) Imphal West, (2) Imphal East, (3) Thoubal, (4) Bishenpur, (5) Churachandpur, (6) Jiribam, (7) Tengnoupal and (8) Sadar Hills Development Block in Mao-Sadar Sub-Division

Name of Area : (ii) Hill Areas
Revenue Sub-Divisions : (1) Tamenglong, (2) Ukhrul and (3) Mao-Sadar Sub-Division excluding Sadar Hills Development Block

Since both the Manipur Hill Areas (Acquisition of Chiefs Rights) Act, 1967 and the amended Manipur Land Revenue and Land Reforms (MLR & RL) Act, 1960 have been made applicable to the State of Manipur w.e.f. 21st January 1972 by the Manipur (Adaptation of Laws) Order, 1972 and since the amended MLR & RL Act, 1960 was already in force w.e.f. 20.6.1967 before the issuance of the Manipur Legislative Assembly (Hill Areas) Order 1972 which has not supersede the former, the correct definition of “Hills areas” of Manipur will be the one contained in the amended MLR & RL Act, 1960. Accordingly, the “Hill areas” of Manipur would comprise of the regions covered by(1) Tamenglong Sub-Division (2) Ukhrul Sub-Division and (3) Mao-Sadar Sub-Division excluding Sadar Hills Development Block as on 20.6.1967.

Notably, the definition of “Hill Areas” provided under Clause 2(c) of the Manipur Legislative Assembly (Hill Areas) Order 1972 is arbitrary and has no rational basis in terms of the geological mapping and physical map of Manipur. More notably, the “Hill Areas” mentioned in this order of 1972 covers about 92% of the total land area of Manipur implicitly signifying that the remaining 8% of the total land areas of Manipur is “Valley Areas” where the Meiteis have been forcefully confined to live together with all communities irrespective of caste, creed, race and religion including Scheduled Tribes despite the fact that section 19 of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 has already extended the Manipur Land Revenue and Land Reforms (MLR & RL) Act, 1960 to the Hill Areas of Manipur with effect from 20.6.1967.

As such, the current practice of using the definition of “Hill areas” of Manipur as the one specified in the First Schedule under clause 2(c) of the Manipur Legislative Assembly (Hill Areas) Order 1972 would be infructuous, being contrary to laws. Consequently, the existing composition of the Hill Areas Committee constituted pursuant to the provisions of the Manipur Legislative Assembly (Hill Areas) Order 1972 would be defective and not enforceable from the viewpoint of laws.

Clause 3 of the Manipur Legislative Assembly (Hill Areas) Order 1972 lays down the constitution of Hill Areas Committee as under:
“3. Constitution of the Hill Areas Committee - (1) There shall be a Hill Areas Committee of the Assembly consisting of all members of the Assembly who, for the time being represent the Assembly constituencies situated wholly or partly in the Hill Areas of the State : Provided that the Chief Minister of the State and the Speaker shall not be members of the Hill Areas Committee.”. Notably, no explanation of the concept of “wholly or partly in the Hill Areas” is made in the Manipur Legislative Assembly (Hill Areas) Order 1972.

V. DISCUSSION ON THE FLOOR OF THE MANIPUR LEGISLATIVE ASSEMBLY:

The issue of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act was discussed on the floor of the Assembly on 5th March 2024. Shri N. Biren Singh, the then chief minister of Manipur announced on the floor of the legislative assembly that the State Government would consult and take appropriate steps for the implementation of The Manipur Hill Areas (Acquisition of Chiefs' Rights) Act, 1967.

Elaborating on the same, BJP legislator Shri Rajkumar Imo Singh said, "A very important statement was made by the CM that the state government will consult and take appropriate steps for the implementation of the Manipur Hill Areas (Acquisition of Chiefs' Rights) Act 1967. This Act was passed by the Assembly on Jan 10, 1967 to abolish the hereditary chieftainship. The President of India gave assent to the Bill on 14th June 1967.

One can see the exponential growth of villages in these places. Manipur is the only state where this act isn't implemented. Even a state like Mizoram had implemented a similar act for abolishing chieftainship way back in 1954 when it was a part of Assam." However, till date, for reasons best known to the State Government, the Manipur Hill Areas (Acquisition of Chiefs' Rights) Act 1967 is not in force in Manipur.

VI. URGENT NECESSITY FOR ABOLITION OF HEREDITARY CHIEFTAINSHIP:

The existing institutions of hereditary Kuki chieftainship in Manipur are outdated forms of dictatorial authority that affront the basic principles of Indian democracy. By strictly enforcing the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967, the growth in numbers of both Kuki-Zo villages and Kuki-Zo militant groups in Manipur can be checked. The villagers in Kuki-Zo villages do not enjoy the rights of freedom as provided in the Constitution of India.

While the Kuki-Zo chiefs and their children have progressed immensely, most of the common Kuki-Zo people remain below the poverty line and are highly vulnerable to exploitation by the Kuki-Zo chiefs. It is high time even if belated to abolish the institution of hereditary Kuki-Zo chieftainship for ensuring peaceful coexistence among all ethnic groups in Manipur. Once the said Act is enforced in letter and spirit, the same will be a guiding force towards bringing peace and normalcy in Manipur.

With the implementation of ‘The Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967’, the existing traditional system of hereditary chieftainship will get automatically abolished with compensation to the affected chiefs. “The Manipur Land Revenue and Land Reform Act, 1960” will also get simultaneously extended to the hill areas thereby authorizing the State Government to acquire the rights, title, and land in the hill areas.

The implementation of the said Act of 1967 may be regarded as one of the first steps towards democratization of hill administration in Manipur. By placing certain restrictions on the powers of the chief and introducing adult franchise at the lowest level of administration as well, the Panchayat Raj institution may be introduced to democratize the Kuki-Zo society so that the common villagers can become aware of democratic values and practices of the Indian democratic system.

It is an established fact that a huge number of illegal migrants/refugees have entered into Manipur after the merger of Manipur in October, 1949. The National Register of Citizens (NRC) prepared in 1951, after the 1951 census may be used to identify those illegal migrants/refugees who had sneaked into Manipur from Burma (now Myanmar).

Those confirmed illegal migrants/refugees by NRC 1951 may be thrown out from the soil of Manipur using the provisions under (i) The Passport (Entry into India) Act, 1920, (ii) The Foreigners Act, 1946, and (iii) The Registration of Foreigners Act, 1939. The status of ST is entitled only to the bonafide citizens of India under the Constitution of India and not to the foreigners. Whatever Government orders issued in connection with STs are meant only for bonafide citizens of India and not for foreigners.

Notably, in a judgement passed in writ petition W.P.(CRL) 1950/2023 & CRL.M.A. 18031/ 2023 on 9th January 2024, a division bench of the Delhi High Court held that “… foreign national cannot claim that he has right to reside and settle in India in terms of Article 19(1)(e) of the Constitution of India.

Reference be made to Hans Muller of Nurenburg Vs. Superintendent, Presidency Jail, Calcutta: AIR 1955 SC 367 wherein the Supreme Court has observed that power of the Government of India to expel foreigners is absolute and unlimited and there is no provision in the Constitution fettering such discretion. Fundamental Right of any such foreigner or suspected foreigner is limited to the one declared under Article 21 of the Constitution of India i.e. Fundamental Right for life and liberty and there is nothing which may suggest that his liberty has been curtailed in an illegal or unlawful manner.”

Concluded ...

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* Prof. K. Yugindro Singh, wrote this article for e-pao.net
The writer is Former Acting Vice-Chancellor, Manipur University,
and may be reached at yugindro361(AT)gmail(DOT)com
This article was webcasted on May 31 2025.

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