A case study of MNF movement for independence in Mizoram
Counter-Insurgency Operation and Human Right Violation
- Part 6 -

Dr Th Siamkhum *

Mizo National Front Emblem:: Pix - Wikipedia/

The memorandum of settlement reads:-

Full Text of the Memorandum of Settlement
Preamble:
(1) Government of India have all along been making earnest efforts to bring about an end to the disturbed conditions in Mizoram and to restore peace and harmony

Towards this end, initiative was taken by the late Prime Minister, Smt. Indira Gandhi on the acceptance by Shri Laldeng on behalf of the Mizo National Front (MNF) of the two conditions, namely cessation of violence by MNF and to hold talks within the framework of Indian Constitution. A series of discussions were held with Shri. Laldeng Settlement on various issues reached during the course of talks is incorporated in the following paragraphs.

Restoration of Normalcy:
1. With a view to restoring peace and normalcy in Mizoram, the MNF Party, in their part, undertake within the agreed timeframe, to bring all underground personnel of MNF with their arms, ammunitions, and equipments, to ensure their return to civil life, to abjure violence and generally, to help in the process of restoration of normalcy. The modalities of bringing out all under-ground personnel and the deposit of arms, ammunitions and equipments will be as workout. The implementation will be under the supervision of the Central Government.

2. The MNF party will take immediate step to amend its articles of Association so as to make them conform to the provisions of law.

3. The central Government will take steps for the settlement and rehabilitation of underground after considering the scheme proposed in this regard by the Government of Mizoram.

4. The MNF will not undertake to extend any support to the Tripura National Volunteers (TNV), people's Liberation Army of Manipur (PLA) and any other such group by way of training, supply of arms, providing protection or in any other matter.

Legal, Administrative and other steps
1. With a view to satisfying the desires and aspiration of all sections of the people of Mizoram, the government will take initiative measures to confer. Statehood on the Union Territory of Mizoram, subject to the other stipulation contained in this memorandum of settlement.

2. To give effect to the above, the necessary legislative and administrative measures will be undertaken, including those for the enactment of bills for the amendment of the Constitution and other laws for the conferment of statehood as aforesaid, to come into effect on a date to be notified by the Central Government.

3. The amendment aforesaid shall provide, among other things, for the following :

I. The territory of Mizoram shall consist of the territory specified in Section 6 of the North Eastern Areas (Reorganization) Act, 1971.

II. Notwithstanding anything contained in the Constitution, no act of Parliament in respect of (a) Religion or Social practices of the Mizos, (b) Mizo customary law or procedure, (c) Administration of civil and criminal justice involving decisions according to Mizo customary law, (d) Ownership and transfer of land, shall apply to the state of Mizoram unless the Legislative Assembly of Mizoram by a resolution so decides.

Provided that nothing in this clause shall apply to any Central Act in force in Mizoram immediately before the appointed day.

III. Article 170 Clause (1) shall, in relation to Legislative Assembly of Mizoram, have effect as if for the word sixty the word forty has been substituted

1. Soon after the Bill of Government of Statehood becomes law, and when the president is satisfied that normalcy has returned and that conditions are conducive to the holding of free and fair election, elections to the Legislative Assembly will be initiated.

2. (a) The Centre will transfer resources to the new Government keeping in view the change in Status from a Union Territory to a state and will include resources to cover the revenue gap for the year.

(b) Central assistance for Plan will be fixed taking note of any residuary gap in resources so as to sustain the approved plan outlay and the pattern of assistance will be as in the case of Special category State.

3. Border trade in local produced or grown agriculture commodities could be allowed under a scheme to be formulated by the Central Government, subject to international arrangement with the neighboring Countries.

4. The Innerline Regulation, as now in forces in Mizoram, will not be amended or repealed without consulting the State Government.

Other Matters
5. The rights and privileges of the minorities in Mizoram as envisaged in the constitution, shall continue to be preserved and protected and their social and economic advancement shall be ensured.

6. Steps will be taken by the Government of Mizoram at the earlier to review and codify the existing customs, practices, law or other usage relating to the matters specified in Clauses (a) to (b) of para 4.3 (II) of the memorandum, keeping in view that an individual Mizo may prefer to be governed by Acts of Parliament dealing with such matters and which are of general application.

7. The question of Unification of Mizo inhabited areas of other States to form one administrative unit was raised by the MNF delegation. It was pointed out to them, on behalf of the Government of India, that Article 3 of the Constitution of India describes the procedure in this regard but that the Government cannot make any commitment in this respect.

8. It was also pointed out in behalf of the government that as soon as Mizoram becomes a State:

i. The provision of part XVII of the provision of the Constitution will apply and the State will be liberty to adopt any one or more language to be used for all or any of the official purpose of the State.

ii. It is open to the State to move the establishment of the separate University in the State in accordance with the prescribe procedure.

iii. In the light of the prime minister's Statement at the Joint Conference of the Chief Justices, Chief Minister and Law Minister held at New Delhi on 31st August, 1985 Mizoram will be entitled to have a High Court of its own if it so wishes.

1. (a) It was noted that there is already a scheme in force for payment of exgratia amount to heirs/dependents of persons who were killed during disturbances in 1966 and thereafter in the Union Territory of Mizoram. Arrangement will be made to expeditiously disburse payment to those eligible persons who have already applied but who had not been made such payment so far.

a. It was noted that consequence on verification done by a joint team of officers, the Government of India had already made arrangement for payment of compensation in respect of damage to crop: building destroyed/damaged during the action in Mizoram, and rented charges of building and land occupied by security force. There may, however, be some claim which were referred and verified by the above team but it is not yet settled expeditiously. Arrangement will also be made for payment of pending claim of rented charges or land/building occupied by the security forces.

Sd/-
LALDENGA
On behalf of
Mizo National Front.

Sd/
R.D. PRADHAN
Home Secretary
Government of India

Sd/-
LALKHAMA
Chief Secretary
Government of Mizoram

The MNF, as per the provision of the Memorandum of Settlement laid down arms, ammunitions' equipment etc. and abjured from violence activities from the day of signing the memorandum. It also did not extend any kind of help to any other underground organizations. The MNF was till date, faithful to its commitments, thereby making the memorandum of settlement, the most enduring and the only surviving peace settlement that has ever been signed by the Government of India with any underground organization in the region. The Mizo Peace Accord of 1986 created a peaceful atmosphere in which development works could be carried out without any interruption. Mizoram, now has become the most peaceful and the most developed state in North-East India.

The Government of India also, on its part, has given statehood with special status to Mizoram, suspended counter-insurgency operation and established a Central University after 20 years of signing the Accord. However, there are few areas in which the Central Government has not fully implemented certain provisions of the Accord which are .............

..................There are still pending cases against some former MNF personal inspite of the inclusion in the Accord that "all pending cases against all MNF personal shall be withdrawn, irrespective of the nature of the crimes they committed during the period of insurgency".

....................There are a number of former MNF who are not fully and adequately rehabilitated.

.....................Separated High Court for Mizoram, though agreed upon to be established is not yet established.

In view of the non-implementation of certain provisions of the Accord, the former MNA (Mizo National Army) has warned of a fresh Mizo uprising if the Government of India continued to avoid implementing the Mizo Accord in 1986. They have submitted a memorandum to President of India, Mukherjee, under the banners of Ex-Mizo National Army Association for his intervention for full implementation of the Accord signed in 1986. They demanded the establishment of High Court, withdrawal of pending criminal cases against three former MNF personnel, Rupees 5 lakh rehabilitation for each Ex-MNA cadre or a government job to be given to the family of Ex-MNA cadres.

With the signing of peace Accord in 1986, peace and normalcy has returned and Mizoram has become the most peaceful state in North-East India, but people are yet to recover from psychological wound they suffered from countless atrocities and inhumane treatments meted out to them by ruthless security forces. It is, therefore, for policy makers in Delhi to start the healing process by giving rewards to the people of Mizoram in the form of liberal financial assistance and by implementing the Peace Accord of 1986 in totality. Efforts should be made to make them feel that they are true citizens of India and there is no discrimination against them on the ground of race, religion, customary practices etc., and for that matter, against people of North-East India as a whole. It is for the Government of India, to tender its apology to the people of Mizoram for resorting to air power and other atrocities committed by the army during 20 years of counter-insurgency opperations.

Concluded ....