Nagaland’s Protected Area Permit Debate: How PAP Differs From ILP

State demand: Nagaland’s Legislative Assembly adopted a resolution in September asking the Union government to review and withdraw the Protected Area Permit regime and restore the previous relaxation. The issue has returned to public attention ahead of the 27th Hornbill Festival, scheduled for 1–10 December at Kisama near Kohima.

Tourism concern: The state argues that unpredictable permission timelines deter international visitors and reduce opportunities for homestays, guides and artisans. The Indian Express reported that the state wants a lasting solution after the Centre offered a temporary relaxation for the 2025 festival. The state’s request and an operative Union order are distinct steps.

Legal basis: A PAP is an additional authorisation for a foreigner entering or staying in a designated protected area. The historical framework came from the 1958 Foreigners (Protected Areas) Order. Today, Section 11 of the Immigration and Foreigners Act, 2025 and the Immigration and Foreigners Order, 2025, provide the operative framework. The 2025 Order superseded the earlier Protected Areas and Restricted Areas orders.

Administration: The Centre may open specified areas or routes for tourism subject to permit conditions. A Restricted Area Permit serves designated restricted areas. The foreigner’s visa and the area-specific permission serve different purposes.

Who needs it: An Inner Line Permit regulates entry of Indian citizens from outside the areas covered by the Inner Line regime, subject to applicable exemptions. It derives historically from the Bengal Eastern Frontier Regulation, 1873. Nagaland issues ILPs through a state-run system.

Where it applies: Arunachal Pradesh, Nagaland, Mizoram and Manipur have Inner Line regimes. A relaxation of Nagaland’s foreign visitor permit requirements would leave the legal basis of the ILP system intact.

Timeline: The Centre relaxed PAP restrictions for Manipur, Mizoram and Nagaland from 2011. It withdrew the relaxation in December 2024 on security grounds. The temporary 2025 Hornbill Festival relaxation shows that the Union can make time-limited arrangements.

Border context: Nagaland shares an international border with Myanmar. Security agencies consider risks such as unauthorised cross-border movement and illegal trafficking, while the state has an interest in reliable access for legitimate tourists. Risk can vary across locations and routes.

Constitutional protection: Article 371A provides that Acts of Parliament on specified matters, including Naga religious or social practices, customary law and procedure, and ownership and transfer of land and its resources, apply to Nagaland only if its Legislative Assembly so decides. Its scope also includes civil and criminal justice involving decisions according to Naga customary law.

Separate powers: Article 371A protects these specified matters. PAP policy operates under the Union’s immigration framework. Community participation can inform visitor management, and a state resolution can seek a change, while the Centre determines the applicable foreign entry permission.