PROTECTED AREA REGIME (PAR)
1. Context
On December 17, the Union Ministry of Home Affairs (MHA) reimposed the Protected Area Regime (PAR) in the States of Manipur, Nagaland, and Mizoram to restrict and monitor the movement of foreigners. From now on, foreigners visiting the three States would have to seek prior permission and Protected Area Permits (PAP) from the government. The circular stated that the relaxation provided to the three States under the Foreigners (Protected Areas) Order, 1958 was being withdrawn with immediate effect.
2. What is the protected area regime?
The Protected Area Regime (PAR) in the states of Manipur, Nagaland, and Mizoram is a special legal framework implemented under the provisions of the Foreigners (Protected Areas) Order, 1958. This regime is designed to regulate and monitor the movement of foreign nationals in certain sensitive border areas, ensuring security and cultural preservation
Key Features of the Protected Area Regime (PAR)
- The Foreigners (Protected Areas) Order, 1958, mandates that all foreigners (except citizens of Bhutan) require a Protected Area Permit (PAP) to visit these states.
- Indian citizens are generally not required to obtain a permit, although they may need an Inner Line Permit (ILP) under separate provisions like the Bengal Eastern Frontier Regulation, 1873
- The entire states of Nagaland and Mizoram, and certain parts of Manipur, are covered under the PAR.
- The protected area regime also applies to other sensitive regions in India, particularly in the Northeast and border areas, such as parts of Arunachal Pradesh, Jammu & Kashmir, and Sikkim
- Foreigners must obtain a Protected Area Permit (PAP) from the Ministry of Home Affairs (MHA) or designated authorities such as Indian missions abroad or state governments.
- Special provisions are sometimes made for groups of foreign tourists visiting under approved travel plans
Objective:
- To address concerns related to national security, particularly in areas bordering other countries.
- To preserve the distinct cultural identity of tribal communities in these states
3. What does the 1958 Order entail?
- The order stipulated that no foreign national is allowed to enter or stay within a protected area without a permit issued either by the Central Government or an authorized official.
- This permit must specify details such as the entry point, place of residence, and duration of the stay.
- The regions designated as Protected Areas include the areas between the Inner Line and the international border in certain states and Union Territories: parts of Himachal Pradesh, Jammu and Kashmir, Ladakh, Rajasthan, and Uttarakhand, as well as the entirety of Manipur, Mizoram, Nagaland, and parts of Sikkim (classified as both protected and restricted areas).
- Additionally, a separate order issued in 1963 categorized the entire Andaman & Nicobar Islands and specific parts of Sikkim as “restricted areas.”
| On December 30, 2010, the Protected Area Regime (PAR) was eased across the entire states of Manipur, Mizoram, and Nagaland due to improved security conditions and to encourage tourism. Initially, the relaxation was granted for one year but was later extended in increments of 1-2 years until 2022. In that year, the relaxation was further extended for an additional five years, set to last until December 31, 2027. However, on December 17, the relaxation was revoked for these states |
4. Withdrawal of Order
- The decision was made against the backdrop of increasing security challenges in the border areas of these states.
- Manipur, which shares a border with Myanmar, has been grappling with ethnic clashes between the tribal Kuki-Zo and the Meitei communities since May 3, 2023.
- Following a military coup in Myanmar in February 2021, an influx of undocumented migrants occurred, with over 40,000 refugees seeking shelter in Mizoram and around 4,000 entering Manipur.
- These migrants, part of the Kuki-Chin-Zo ethnic group, have cultural and ethnic ties with the local communities in Mizoram and Manipur. India shares a 1,643 km-long border with Myanmar, spanning Arunachal Pradesh, Nagaland, Manipur, and Mizoram.
- The Free Movement Regime (FMR), which permitted unrestricted movement for residents within 16 kilometers of the border, was suspended by the Ministry of Home Affairs in January
The Free Movement Regime (FMR) is a unique bilateral arrangement between India and Myanmar that allows unrestricted movement of people residing within 16 kilometers on either side of the India-Myanmar international border. This policy is rooted in historical, cultural, and ethnic ties between border communities, many of whom belong to the same tribal groups and share familial, cultural, and economic relationships
Key Features of the FMR:
- Facilitates cross-border interactions for traditional, social, and economic purposes.
- Ensures the preservation of the close ethnic and cultural ties between communities on both sides of the border
- The FMR applies to border regions in the Indian states of Arunachal Pradesh, Nagaland, Manipur, and Mizoram, which share a 1,643-km-long border with Myanmar
- Under the regime, residents within the specified 16-km zone are allowed to cross the border without the need for passports or visas.
- Individuals can stay for a maximum period (usually stipulated at 72 hours) and are expected to carry identity documents recognized by both governments
6. Way Forward
Permits can be obtained through Indian missions, the Ministry of Home Affairs (MHA), district magistrates, resident commissioners of a state, Home Commissioners, or the Foreigners Regional Registration Office (FRRO), among other authorities.
As before, citizens of Afghanistan, China, and Pakistan, along with foreign nationals of origin from these countries, must secure prior approval from the MHA. Additionally, all foreign visitors to these states are required to register with the Foreigners Registration Officer in the state or district they visit within 24 hours of their arrival. Myanmar nationals, who were previously exempt from obtaining a Protected Area Permit (PAP) when holding an e-tourist visa or other types of visas, are now required to register with the FRRO within 24 hours of their arrival.
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For Prelims: Free Movement Regime, India-Myanmar, Naga Students' Federation, Treaty of Yandaboo, COVID-19, Kuki-Chin-Mizo communities, Mizoram, Naga Land, Act East policy, Rohingya refugee crisis
For Mains:
1. Discuss the implications of the Indian government's decision to fence the India-Myanmar border and reconsider the Free Movement Regime (FMR) in light of security concerns. How does this decision balance the need for security with the cultural and historical ties between communities? (250 Words)
2. Discuss the challenges faced by the Indian government in balancing national security concerns, particularly related to the presence of extremist groups, with the humanitarian aspects of the Free Movement Regime (FMR). (250 Words)
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Previous Year Questions
1. With reference to India's projects on connectivity, consider the following statements: (UPSC 2023)
1. East-West Corridor under Golden Quadrilateral Project connects Dibrugarh and Surat.
2. Trilateral Highway connects Moreh in Manipur and Chiang Mai in Thailand via Myanmar.
3. Bangladesh-China-India-Myanmar Economic Corridor connects Varanasi in Uttar Pradesh with Kunming in China.
How many of the above statements are correct?
A. Only one B. Only two C. All three D. None
2. Consider the following pairs: (UPSC 2018)
Which of the pairs given above is/are correct? (a) 1 only (b) 1 and 2 only (c) 3 only (d) 2 and 3 only
3. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (UPSC 2022) (a) This would prevent the transfer of land of tribal people to non-tribal people. Answers: 1-D, 2-B, 3-A Mains1. What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs)? (UPSC 2017) 2. Why are the tribals in India referred to as ‘the Scheduled Tribes’? Indicate the major provisions enshrined in the Constitution of India for their upliftment. (UPSC 2016)
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Source: The Hindu
