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In
the militancy-affected India's North-East,
New Delhi’s containment policy of the last
four decades has produced a peculiar
equilibrium, one in which democracy and
authoritarian governance coexist with
disturbing ease. The paternalistic
carrot-and-stick approach—routine use of
military force with development money spread
about in the ‘backward’ region—assumes
an imperious "foreknowledge of the
destiny" of the North-East. Indian
policy must respond with constitutional
reforms that respond to the region’s
history which animates the insurgencies. It
must conduct a democratic dialogue involving
the peoples of the Northeast and not rely on
secret negotiations between bureaucrats and
insurgents. But then will that be allowed by
a system that appoints generals as
governors?
Isn’t there a brigadier in Shillong?”
This was how Sardar
Vallabbhai
Patel
,
India
’s
deputy prime minister responded in 1949 to
reports that the “native state” of
Manipur might be reluctant to merge fully
with the Indian Union. In September of that
year, the governor of
Assam
,
Sri Prakasa, accompanied by his adviser for
Tribal Areas, Nari Rustomji, flew to
Bombay
to apprise Patel of the situation. The fate
of Manipur and other indirectly ruled
“native states” presented a significant
constitutional problem when British rule of
India
ended in 1947. Indeed, the decision of the
Kashmiri Maharaja to accede to
India
was the beginning of the
Kashmir
conflict between
India
and
Pakistan
.
Patel and other senior Indian officials
might perhaps have pondered more on the
potential difficulties that could arise from
decisions by major `native states’ like
Kashmir
and
Hyderabad
on the postcolonial dispensation in the
Subcontinent. But the thought that tiny and
remote Manipur on
India
’s
border with
Burma
,
might hesitate about fully joining
India
had probably never crossed their minds. The meeting
of Sri Prakasa, Rustomji and Patel was
brief. As Rustomji recalls in his memoir,
Enchanted Frontier, apart from asking
whether there was a brigadier stationed in
the region, Patel said little else. It was
clear from his voice what he meant, wrote
Rustomji, and the conversation did not go
any further.
Within days the Maharaja of Manipur, on a
visit to Shillong, found himself virtually
imprisoned in his residence. The house was
surrounded by soldiers and under the
pressure of considerable misinformation and
intimidation, the Maharaja—isolated from
his advisers, council of ministers and
Manipuri public opinion—was made to sign
an agreement fully merging his state with
India. When the ceremony to mark the
transfer of power and the end of this
ancient kingdom took place in Imphal on
15 October 1949
,
a battalion of the Indian army was in place
to guard against possible trouble.
The circumstances attending Manipur’s
merger with
India
haunts the politics of the state to this
day. A number of insurgent groups regard the
merger as illegal and unconstitutional, and
many among the Manipuri intelligentsia are
bitter about the way it was affected. While
Manipur today has an elected chief minister
and an elected state legislature—like
other states in the Indian Union—there is
also a de facto parallel structure of
governance directly controlled from
Delhi
that manages counter-insurgency operations.
Visitors to Manipur cannot but notice the
strong military presence. Even historic
monuments such as the Kangla Fort of the old
Manipuri kings, and parts of the complex in
Moirang that commemorates the rebel Indian
National Army, are occupied by Indian
security forces.
It is not hard to see why there is such a
massive security presence in the state.
Manipur, today, has numerous insurgent
groups with ethnically-based support among
Meiteis, Nagas and Kukis. In recent years,
smaller ethnic groups such as Paites,
Vaipheis and Hmars too have formed their own
armed organizations. The official count of
lives annually lost in insurgency-related
incidents in Manipur in recent years is in
the hundreds. And somewhat independent of
the activities of these insurgent
organizations is the ethnic conflict between
Nagas and Kukis and, more recently, between
Kukis and Paites. Many of these conflicts
appear intractable and some of them are
attributable to the profound social
transformation that these societies are
undergoing. Yet unless one believes that a
coercive state is a necessary instrument to
manage change, it is hard to avoid the
question: were the symbols and practices of
the traditional Manipuri state—despite the
significant erosion of its authority and
power under British colonial
rule—better-equipped to achieve social
cohesion? Was Patel’s readiness to use
force—just as the rest of India was
setting off on a path of democratic rights
and liberties—an early acknowledgement
that Indian democracy in the Northeast would
necessarily have an authoritarian accent?
Manipur is not unique. Except for Arunachal
Pradesh and Mizoram, five of the seven
states of
Northeast
India
today—
Assam
,
Manipur, Meghalaya, Nagaland and
Tripura—have insurgent movements of
varying levels of activity and intensity.
Some of them, such as the United Liberation
Front of Assam (ULFA), Nagaland’s National
Socialist Council of Nagalim (NSCN), now
divided into two factions, and the Manipur
People’s Liberation Front (MPLF), which
consists of the United National Liberation
Front (UNLF), the People’s Liberation Army
(PLA) and the People’s Revolutionary Party
of Kangleipak (PREPAK), have separatist
agendas. Other ethnically based groups are
typically dressed up as national fronts
defending this or that minority ethnic
group.
As a response to those insurgencies and to
Pakis-tan’s Inter Services
Intelligence’s (ISI) inclination to fish
in these troubled waters, there are many
more brigadiers in
North-East
India
today than Patel could have imagined.
Military formations much larger than
brigades—corps headed by lieutenant
generals and divisions headed by major
generals—are now stationed in this part of
the country. In Vairengte, a Mizoram
village, there is even a Counter-Insurgency
and
Jungle
Warfare
School
for training officers to fight the
militants. And the Indian Army is only one
of the security forces deployed in the
region. Other paramilitary units controlled
by the central government, such as the
Central Reserve Police Force (CRPF), the
Border Security Force (BSF) the Assam
Rifles, various intelligence bureaus and the
police forces of each state, are also
involved in counter-insurgency operations.
And overseeing these operations is a
parallel political structure that works
outside the rules and norms that govern
India
’s
democratic political institutions.
Political violence—murders, bombings,
kidnap-pings, extortion by militants, and
killing of militants by security forces in
actual or staged encounters—has become a
routine part of news from the North-East.
True, there is also news of elections,
cease-fires and talks—or prospects of
talks—with insurgents. But the two kinds
of news and images co-exist with disturbing
ease. No one finds the image of democratic
elections being conducted under massive
military presence anomalous. Nor does anyone
expect talks with insurgents to bring about
sustained peace. Indeed in some ways,
insurgencies themselves have become
incorporated into the democratic political
process. Good political reporters of the
North-East know the precise role that
insurgent factions play in elections or the
ties that these factions have with
particular mainstream politicians.
For politicians, the use of the army to
fight insurgencies has now become something
of a habit. For instance, in the spring of
2000, after attacks on Bengalis by tribal
militants in Tripura, political parties
belonging to the state’s Left Front
government observed a 12-hour bandh to
pressurize the central government to send in
the army to deal with the situation. Chief
Minister Manik Sarkar complained that even
though 27 police station areas in the state
had been declared “disturbed”, the
Indian army had not yet arrived. One would
hardly guess from such statements that the
law that these democratic politicians were
relying on—the law that permits army
deployment in “disturbed” areas—is a
law that contravenes all conceivable human
rights standards.
According to the Armed Forces Special Powers
Act (AFSPA), in an area that is proclaimed
as “disturbed”, an officer of the armed
forces has powers to: (a) fire upon or use
other kinds of force even if it causes
death; (b) to arrest without a warrant and
with the use of “necessary” force anyone
who has committed certain offences or is
suspected of having done so; and (c) to
enter and search any premise in order to
make such arrests. Army officers have legal
immunity for their actions. There can be no
prosecution, suit or any other legal
proceeding against anyone acting under that
law. Nor is the government’s judgment on
why an area is found to be disturbed subject
to judicial review.
As Ravi Nair of the South Asia Human Rights
Documentation Center in New Delhi has
pointed out, the AFSPA violates the Indian
Constitution’s right to life, the right
against arbitrary arrest and detention, the
rules of the Indian Criminal Procedure Code
relating to arrests, searches and seizures,
and almost all relevant international human
rights principles. There was a time when
reports of human rights violations in the
North-East were taken seriously. But most
Indians now regard human rights
organizations as being at best naïve, or at
worst, sympathizers of insurgents
masquerading under the flag of human rights.
The violation of human rights in the North-East
is seen as the necessary cost of keeping the
nation safe from its enemies inside and
outside.
Thus in 1991, when the United Nations Human
Rights Committee asked the Attorney General
of India to explain the constitutionality of
the AFSPA in terms of Indian law and to
justify it in terms of international human
rights law; he defended it on the sole
ground that it was necessary in order to
prevent the secession of the northeastern
states. The Indian government, he argued,
had a duty to protect the states from
internal disturbances and that there was no
duty under international law to allow
secession.
State within a state
In the insurgency-hardened North-East,
democratic
India
has developed a de facto political system,
somewhat autonomous of the formal
democratically-elected governmental
structure. This parallel system is an
intricate, multi-tiered reticulate, with
crucial decision-making, facilitating and
operational nodes that span the region and
connects
New Delhi
with the theatre of action.
The apex decision-making node is the Home
Ministry in
New
Delhi
housed in North Block on Raisina Hill. The
operational node which implements the
decisions consists of the Indian Army, and
other military, police and intelligence
units controlled by the central and state
governments, and involves complex
coordination. This apparatus also involves
the limited participation of the political
functionaries of insurgency-affected states.
Elected state governments, under
India
’s
weak federal structure, can always be
constitutionally dismissed in certain
situations of instability. But
New
Delhi
has generally preferred to have them in
place while conducting counter-insurgency
operations. Since the insurgencies have some
popular sympathy—albeit not stable or
stubborn—the perception that the
operations have the tacit support of elected
state governments is useful for their
legitimacy.
Consequently,
the command structure may include some
state-level politicians and senior civil
servants. This is perceived to be the
weakest link in the chain because of the
fear that the presence of these ‘locals’
might potentially subvert the
counter-insurgency operations. Consider the
following news reports:
1.
In December 2000, the central
government asked the Manipur government to
investigate links between at least five
ministers and insurgent groups. The Home
Ministry forwarded a report to the state
authorities that included evidence of such a
nexus between the ministers and insurgents.
Manipur’s caretaker chief minister
Radhabinod Koijam, just before the fall of
his government last month, dropped six
ministers from his cabinet. Koijam was in
the middle of a political battle for
survival, and there were other reasons for
their removal. But he defended his action
saying that their names appeared in the Home
Ministry’s list of “tainted”
politicians.
2.
In January 2001, the Union Home
Ministry proposed the setting up of a
judicial enquiry commission to probe into
the allegations and counter-allegations of
the insurgent-politician nexus in the
northeastern states.
3.
In the May 2001 elections just
concluded, former chief minister Prafulla
Kumar Mahanta repeatedly accused the
Congress party of having a nexus with ULFA.
The Congress party dismissed the charge as
election propaganda and claimed that its
victory proved that the electorate did not
believe the accusation. In the elections of
1996, the roles were reversed: the Congress
had made similar charges against Mahanta’s
party, the Asom Gana Parishad (AGP).
There
are, of course, many reasons why
democratically-elected politicians of a
region, where insurgent groups and
mainstream political parties may share the
same social, political, and cultural space,
would sometimes know and have ties with each
other. Pervasive corruption also leads
politicians to cultivate ties with insurgent
groups. They, like others with a reputation
for making illegal money, consider it
prudent to try to keep the insurgent groups
happy by sharing parts of their illicit
income with them. Rather than a hard
boundary separating insurgents and
mainstream politicians, in these
circumstances, a nexus between some of them
becomes inevitable, despite the fact that
such ties may cost these politicians in
terms of their credibility as far as
New
Delhi
is concerned.
A
former home minister of Nagaland, Dalle Namo,
who had been part of the Naga
‘underground’, once movingly
acknowledged his debt to the pioneers of the
movement for Naga independence. He told
journalist Nirmal Nibedon that he is
conscious of the fact that he lives “in
this big bungalow because men like Phizo and
Imkongmeren and many others once lived in
caves. All these chandeliers and lights [are
there] because for them the stars were their
only light; [I have] these expensive
wall-to-wall carpets because they walked on
moss and grass.” Nibedon recalls this
conversation in a foreword to Namo’s
autobiography, The Prisoner from Nagaland.
Of
course, such sentiments connecting
insurgents with mainstream politicians are
far from universal. It is unlikely, for
instance, that Prafulla Kumar Mahanta of
Assam
or Nagaland’s present
Chief
Minister
,
S.C.
Jamir, whom militants have tried to kill
more than once, would share similar
idealized views about leaders of the
Assamese or the Naga ‘underground’.
However, even these leaders have not always
been free of ties with militants. The
Khaplang-led faction of the National
Socialist Council of Nagalim, for instance,
is reputed to enjoy the patronage of Jamir.
This
is the paradox of counter-insurgency. On the
one hand, it must draw on the legitimacy of
the elected establishment. On the other, it
must protect itself from this
establishment’s susceptibilities. Namo’s
account and the repeated charges of a link
between north-eastern politicians and
insurgents underscore why
India
’s
security establishment would want a parallel
structure of governance that is as
autonomous as possible from the democratic
politics of the state in question. For
instance, in the case of the Indian
government’s allegation of a nexus between
the five Manipuri politicians and
insurgents, if the Home Ministry had
provided evidence of such a nexus to the
“authorities” in Manipur, it is
unlikely, that this report would go to the
elected members of the state
government—some of whom were themselves
the object of suspicion. The most likely
person to have received that report from
New
Delhi
,
one can reasonably speculate, was the
Governor of Manipur.
Bending
the rules of constitutional democracy, and
building and maintaining a parallel
structure however, are not always easy. Not
all elected state governments have been
willing to give up their constitutional
prerogatives. For instance, in
Assam
,
thanks to the consent of former chief
minister Mahanta, counter-insurgency
operations since 1997 has been conducted by
a Unified Command under which all forces
including the state police come under the
operational command of the Army. Tarun Gogoi,
in one of his first statements as
Assam
’s
chief minister, following the Congress’
election victory this May, said that he
would like to see the
Assam
police play more of a role in the Unified
Command because of its superior knowledge of
local conditions. It is unlikely that Gogoi
will seek to end the use of Uniform Command
structure in
Assam
.
On the other hand, elected politicians in
Manipur have so far resisted pressures from
the Indian Home Ministry and the Indian Army
to have a Unified Command structure. Former
chief minister of Manipur, W. Nipamacha, for
instance, had maintained that since legally
speaking, the army was deployed in the state
only to assist the civil administration; it
should remain under the command of the state
government.
Such
potential conflicts between the compulsions
of the civil dispensation and the concerns
of the security establishment make the
governors of these states crucial nodes in
the counter-insurgency network. The
management of this difficult equation, in
fact, confers on the governor’s office a
role that far exceeds the more ceremonial
functions it is constitutionally restricted
to elsewhere and in normal circumstances.
The career profiles of the incumbents in the
Northeast provide an index of the importance
of the gubernatorial office to the parallel
political system. All the seven governors of
the northeastern states today have either
occupied high and sensitive positions in
India
’s
security establishment or have had close
ties to it.
Arunachal
Pradesh: Arvind Dave, former chief, Research
and Analysis Wing (RAW)
Assam
:
Lieutenant General (retired) S.K. Sinha
Manipur:
Ved Prakash Marwah, retired Indian Police
Service officer
Meghalaya:
M.M. Jacob, former central minister and
deputy chairman of the Rajya Sabha
Mizoram:
A.R. Kohli, former businessman with
political ties
Nagaland:
O.P. Sharma, retired Indian Police Service
Officer
Tripura:
Lieutenant General (retired) K.M. Seth
Two
are retired military men, two are retired
police officers, and one is the former head
of
India
’s
espionage agency, RAW, engaged in
clandestine operations abroad and at home.
Of the two without any ostensible ties with
the security establishment, M. M. Jacob,
governor of Meghalaya, was once Minister of
State for Home Affairs in
New
Delhi
;
and A.R. Kohli, recently appointed governor
of relatively peaceful Mizoram, who had a
career in business, has strong ties with the
RSS, suggesting proximity to Home Minister
L.K. Advani. The fact that all the
appointees have had fairly intimate
connections with the security establishment
cannot be mere coincidence. As appointees of
the central government and as facilitating
agents in the counter-insurgency regime,
such antecedents serve very practical ends,
particularly in ensuring that the demands of
security override the rules of democracy in
the event of a conflict between the two.
Governor
as judge
Instances
of gubernatorial interventions point to the
role they play in insulating
counter-insurgency operations from
democratic processes and scrutiny. Governors
often act in ways that not only stretch
constitutional propriety but also sacrifice
democratic procedures at that altar of
security expediencies. A case of what can be
called counter-insurgent constitutionalism
took place in
Assam
in 1998 when the Governor, Lt. Gen Sinha,
intervened to stop the Central Bureau of
Investigation (CBI) from prosecuting then
chief minister Mahanta on a serious
corruption charge. Mahanta’s acquiescence
in the Unified Command structure was clearly
important to the security establishment. At
the same time, the legal pursuit of a
credible corruption charge against an
elected chief minister could have
significantly raised the legitimacy of
India
’s
democratic governmental institutions in the
public eye. There was a choice between two
sets of values: the perceived political
requirements of counter-insurgency versus an
opportunity to raise the public esteem of
India
’s
democratic institutions in a region where
those institutions lack legitimacy.
The
corruption charges against Mahanta went back
to what is commonly referred to as the
“Letters of Credit scam”, involving at
least INR 200 crores between 1986 and 1993.
Mahanta was not chief minister at that time.
Fake letters of credit were issued by the
state’s animal husbandry and veterinary
departments to draw money from the treasury,
and a number of politicians of both the then
ruling Congress and the opposition AGP, were
implicated. It was also suspected that a
part of the money found its way to the ULFA.
The
CBI investigated a number of politicians.
The case against Mahanta was that the
kingpin of the scam, Rajendra Prasad Borah,
had paid him INR 40 lakhs during the 1991
elections and that Mahanta’s air travels
during the campaign had been financed by
Borah. According to the CBI, in that
election, Borah had distributed
house-building material to purchase votes in
Mahanta’s electoral constituency. Bank
drafts distributed by Mahanta, in his
electoral district, according to the CBI,
were paid for by Borah.
For
a governor—a former military general—to
make a legal judgment on whether a chief
minister should be prosecuted pushes the
limits of constitutional propriety. To be
sure, this power of Indian governors is not
limited to the Northeast and as the
Delhi-based magazine India Today pointed out
in an editorial, “there is something
profoundly undemocratic about a mechanism
which requires the governor’s permission
to even begin legal proceeding against a
chief minister seen as corrupt”. In the
Northeast, given parallel power structure in
place, the potential for abuse of that power
—or, perhaps its use—as a means of
securing support for the security regime
from a corrupt chief minister is enormous.
The
governor’s reasons for disallowing the
CBI’s prosecution of Mahanta, involved a
number of legal rationalizations. Sinha
pointed to the lack of evidence, and
questioned the reliability of the witnesses
who formed the basis of the CBI’s case.
The CBI, according to the governor, had not
established Mahanta’s “criminal
culpability”. The governor rejected the
charge that Mahanta had entered into a
criminal conspiracy with Borah to defraud
the state claiming that “no evidence of
such conspiracy has been provided’’.
Obviously,
governors enjoy extraordinary powers to
influence chief ministers in the interests
of the parallel regime. In this particular
case, it is difficult to avoid speculating
on a very obvious connection. In
Assam
since 1997, the Unified Command structure
has been possible because of the consent
given by Mahanta. That was a year before the
governor was called upon to make this
crucial judgment in the corruption case. Was
there a quid pro quo in the governor’s
decision to protect Mahanta from legal
prosecution so as to ensure his continued
support for the Unified Command structure?
Did the perceived needs of
counter-insurgency trump the value of
achieving greater transparency in
government? More importantly, what has this
entire edifice and its strategies achieved
by way of ending insurgency and restoring
peace?
Why
is peace so elusive?
This counter-insurgency apparatus and its
modus operandi are geared fundamentally, and
more or less exclusively, to containment. So
long as insurgencies are only contained, and
no sustainable peace processes are in place,
democracy in the North-East is likely to
continue to co-exist with the use of
authoritarian modes of governance. With the
significant exception of the Mizo movement,
most insurgencies in the Northeast have been
transformed, or are currently transforming,
into long-term, low-intensity conflicts. The
perceived need for counter-insurgency
operations never seems to go away. Even in
Mizoram, at least if one goes by military
presence in that state, the end of the
insurgency has not meant that the state
within the state has been dismantled.
There
are three reasons why most northeastern
insurgencies turn into protracted conflicts
of attrition: (a) the goal of
counter-insurgency is limited to creating
conditions under which particular insurgent
groups or factions surrender weapons, come
to the negotiation table on the
government’s terms and make compromises in
exchange for personal gain; (b)
counter-insurgency operations do not
dramatically change the conditions on the
ground that breed and sustain the insurgent
political culture and lifestyle; and (c) the
political initiative that accompany and
supplement counter-insurgency operations try
to utilize former militants in the war
against insurgents, thus creating a climate
of mistrust and a cycle of violence and
counter-violence between anti-government and
pro-government insurgents.
The
need for a powerful security presence can
hardly disappear under these conditions.
Assam
’s
growing violence—which includes a large
number of secret killings by death
squads—exemplifies the results of a
counter-insurgency strategy which in fact
transformed an insurgency into a wider and
long drawn-out conflict. The bloody
elections of May 2001 in which scores of
people lost their lives is at odds with Lt.
Gen Sinha’s euphoric claim of the
“ballot having won against the bullet”.
The
Mizoram exception, of course, is important.
In 1986, Laldenga, the leader of the Mizo
National Front, signed an accord with Prime
Minister Rajiv Gandhi, and this remains the
only instance of an accord successfully
bringing about an end to insurgency in
North-East
India
.
Laldenga became the chief minister of
Mizoram and when he lost elections two years
later, there was no call for a return to
insurgency. Among the factors that accounted
for the successful end of the Mizo
insurgency were the following: the
undisputed leadership of the insurgency in
the hands of a single individual who was
willing to compromise and who could deliver
his part of the deal; the feasibility of
offering Laldenga the chief ministership of
Mizoram in exchange for ending the
insurgency; the existence of large and
organized church-related civil society
institutions that were actively involved in
creating and supporting the consensus for
peace; and a political climate in New Delhi
during the Rajiv Gandhi years that was
relatively open to making significant
political compromises with insurgents.
But
to date, the Mizo case has been the only
exception, and insurgency refuses to die
down despite the sophistication and
resources of the counter-insurgency
establishment and the leeway given it to use
the governor as political administrator. In
seeking to understand why peace continues to
elude
Northeast
India
,
it is important to study how insurgencies
are able to sustain themselves in the face
of such enormous military action. It is
important to keep in mind the fact that
while the security establishment runs
parallel administrations that circumscribe
civil administrations politically, insurgent
movements run similar parallel fiscal
administrations at the ground level through
illegal tax collection and extortion.
One
perspective on the longevity of armed civil
conflicts focuses attention not so much on
the grievances that are articulated by
insurgent groups but to the ability of these
groups to finance their activities. For
example, economist Paul Collier in an
article, in a recent volume, Managing Global
Chaos, looking at the global patterns of
armed civil conflicts, concluded that the
most significant factor of civil conflicts
is the ability of rebel organizations to be
financially viable. He also found a strong
correlation with a specific set of economic
conditions such as a region’s dependence
on exports of primary commodity and low
national income.
It
is not that poverty breeds armed civil
conflicts, Collier surmises, but that
certain economic conditions are conducive to
the mobilization of revenue by armed
insurgent groups. Primary commodities are
highly lootable, primary production centres
located in conflict-zones are easily
accessible, and production cannot be moved
elsewhere. Unlike a manufacturing unit,
which is not worth much once production
ceases, owners and managers of such centres
continue to be dependent on existing
production sites, making them vulnerable to
extortion. Low national income, Collier
argues, is co-related with armed civil
conflicts not because the objective
condition of poverty sustains rebellion, but
because in a context of poverty and
unemployment, an insurgent group that is
able to raise enough money can recruit new
members quite inexpensively.
The
Collier thesis is useful to explain the
resilience of the Northeast insurgencies. It
draws attention to the conditions that
permit illegal tax collection. For instance,
in those areas of large countries where the
state’s presence is weak, it is easier for
rebel organizations to establish illegal
taxation structures that resemble official
ones. The availability of foreign material
support also becomes an important factor in
explaining the persistence of armed civil
conflicts. The civil war in
Sierra
Leone
perhaps most dramatically supports the
Collier thesis: the control over diamond
mining and international diamond smuggling
is clearly what has allowed the armed rebels
to continue the fight.
While
northeastern
India
is no
Sierra
Leone
,
it is nevertheless striking that the region
is both poor and a primary
commodity-producing region—factors that,
according to Collier, make an area conducive
to illegal tax-collection and to the
persistence of armed civil conflicts.
Indeed, the production and transportation of
primary commodities that Northeast India
produces and exports—tea, timber, coal and
so on—have been a major source of legal
taxation by governments, a source of
extortion by officials, and the favorite
source of illegal taxation by insurgent
groups, and increasingly by pro-government
insurgent groups that collaborate in
counter-insurgency operations, like
Assam’s SULFA (former members of ULFA who
have “surrendered”, and hence the
‘S’).
Indian
taka, Naga taka
During
1994-95, Sanjoy Ghose, the social activist
who was kidnapped and killed by ULFA in
1997, traveled extensively in the Northeast.
His travel diaries have been published
posthumously as Sanjoy’s
Assam
.
In his travels through Nagaland, Ghose found
a formalized system of tax-collection
imposed by the NSCN. ‘Every-body’ paid,
and in the case of the state government’s
Public Works Department (PWD)—perceived as
highly corrupt—Ghose found that there was
a progressive system of illegal taxation in
place. Those of the rank of executive
engineers and above paid one-third of their
net salary. This percentage may seem high to
someone unfamiliar with the culture of
corruption in the region, but the fact is
that the formal, departmental salary is only
a small part of the actual income of an
engineer. A senior police officer of
Nagaland confided to Ghose that even though
he himself was not paying, most of his
colleagues did “contribute”. Such
stories about systems of illegal
taxation—perhaps not equally formalized
everywhere—are heard all through the
Northeast. Indeed it is not merely insurgent
organizations, but mainstream political
parties, student organizations, corrupt
officials; all resort to coercive and
illegal modes of “tax collection” from
businesses—big and small.
Pervasive
corruption and the preponderance of
‘outsiders’ in the economy of the region
make the climate especially illegal
taxation-friendly. Indeed, as Sanjoy Ghose
found in the case of PWD engineers in
Nagaland, unlike government tax collectors
who could target only what is officially
declared as income, insurgents—drawing on
popular perceptions and credible rumor—can
impose higher taxes based on more realistic
assessments of income. It is in no one’s
interest to report extortion demands and
payments that involve mostly illegal income
to law enforcement officials.
Krishnan
Saigal, a former Indian civil servant who
was Assam’s Planning and Development
Commissioner and who is familiar with the
process of development finance in the
Northeast, has written about the way
development funds allocated to the region
are a bonanza for a group of contractors and
license holders—mostly from outside the
region—whose “main ambition is to make a
fast buck and get out of the area as quickly
as possible”. As the Indian state has
increased development expenditures in
response to the voices of discontent in the
Northeast, he writes, there has been an even
“quicker siphoning off of funds to the
heartland with the few benefits accruing to
those in power through the usual corrupt
forces”. Saigal believes this has led to
increasingly corrupt regimes in the
northeastern states. And the people of the
region, he believes, even see them as
representing central power in order to keep
their state underdeveloped.
The
perception that
New Delhi
is throwing money away in order to buy peace
gives an aura of legitimacy to tax
collection by insurgents. The manifesto of
the NSCN is a case in point: “The pouring
in of Indian capital in our country for
political reasons has shattered the Naga
people into a society of wild money,”
creating a parasitic, exploiting class of
“reactionary traitors, bureaucrats, a
handful of rich men and the Indian
vermin”. Such a view of the politics
underlying
New
Delhi
’s
development expenditures allows Naga
insurgents to take the moral high ground: it
is only fair that such ill-gotten wealth be
shared with an organization that works for
the greater good of the Nagas. To give
another example of the consequence of this
perception, in Nagaland it is said that
during elections when political parties
distribute money to buy votes, acceptance of
that money is seen as legitimate since it
involves only “Indian taka” (Indian
money), not “Naga taka” (Naga money).
In
order to discredit militants in the eyes of
their supporters, military and intelligence
officials have in recent years started
speaking about the luxurious lifestyles of
insurgent leaders or of the insurgents being
nothing more than bandits seeking “easy
money”. While all this is not news to
anyone living in the Northeast, whether such
statements from security officials involved
in counter-insurgency operations increases
the legitimacy of governmental institutions
vis-à-vis the rebels, is a different
matter. Despite some highly publicized
successes such as unearthing evidence that
one of India’s major business houses—the
Tatas—were providing support to Assamese
rebels, it is doubtful that the focus on the
expropriative aspect of insurgencies has so
far led to any systematic change affecting
the illegal tax-collection capacity of
insurgent groups.
Here
are two recent newspaper reports that
illustrate how routine the taxation systems
of insurgent organizations are and how
impervious they have been to decades of
counterinsurgency operations:
In February 2001, the NSCN (Issac-Muivah)
announced, and Indian newspapers routinely
published the news of, a “tax break” for
industries. According to The Times of India,
the NSCN (I-M) announced an exemption of
“loyalty taxes” for two years on certain
categories of businesses—some of them even
state-owned businesses. Quoting the
organization’s Information and Publication
Secretary, V. Horam, the news report said
that the tax break was given in order to
boost economic activities in the Naga areas
of the Northeast. The “tax exemption”,
said the notification, applied to
enterprises that were less than two years’
old. However, the taxes on other businesses
and the income tax on salaried people would
continue.
In
March 2001, militant groups demanded INR 40
lakhs from eight Christian missionary
schools in Manipur’s capital city, Imphal.
When the schools expressed their inability
to pay, the militants imposed a fine of INR
2 crores and ordered them to close down. The
matter was raised in the Manipur State
Assembly. The press reported that security
in and around the missionary schools was
increased. The chief minister of Manipur
told the state legislature that cases were
registered with the police in connection
with the extortion demands and were being
investigated. But no one expected such
investigations to go very far. Last month,
three Christian missionaries were murdered
by militants apparently because of
non-payment of those levies.
There seems to be little evidence that in
these two states, years of
counter-insurgency has had any significant
impact on the conditions that have bred and
sustained insurgency, i.e. the relative
incapacity of civil administration to
provide protection (despite its strong
military presence) and the continued ability
of insurgent organizations to collect
illegal taxes. It appears that insurgent
groups can guarantee security and collect
tax better than the state can. It is hardly
surprising then that many
people—politicians, traders, government
officials and even major corporations—make
their uneasy peace with insurgent groups,
just as they learn to live with
counter-insurgency operations without high
expectations of an end to the fighting.
What
then accounts for this fundamental failure?
It must be that
New
Delhi
’s
Northeast policy has yet to come to grips
with the dense social networks of
northeastern societies and the ideas and
values that animate the insurgencies.
Passionate
about history
How
can the Northeast ever hope to get out of
this quagmire, in which a larger democracy
lives comfortably with the most arbitrary of
powers in “disturbed” areas? There might
be occasional doubts in
India
about what counter-insurgency itself can
achieve. But one idea that enjoys widespread
acceptance is that once the problem of the
region’s economic backwardness is taken
care of, the main source of political
turmoil will go away. Indeed it would
probably be hard to find a more diehard
group of economic determinists than Indian
bureaucrats and politicians engaged with the
Northeast.
This
faith in economic development contrasts
sharply with the vision of insurgent groups
in the Northeast. While those who try to
solve the “insurgency problem” mainly
talk about economic development and
modernization, the insurgents hark back to
history. Thus ULFA speaks of Assam’s lost
independence when the Yandabo Treaty was
signed between the British and the Burmese
kings in 1826, Manipuri rebels raise
questions about the constitutionality of the
merger agreement of 1949, and Naga rebels
query “how these long stretches of
frontiers which were neither Burmese nor
Indian territories could simply disappear
into India and Burma after 1947?” (Kaka D.
Iralu, Nagaland and
India
:
The Blood and the Tears, 2000).
True,
militant groups, political parties and
public opinion in northeastern states do
complain about the region’s economic
underdevelopment but their primary grouse
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