India and Myanmar both were colonized by the British, both were British Colonies, born as a result of Post-World War 2 financial restraints that the United Kingdom was going through and hence was unable to administer their overseas colonies. Both countries gained independence at the same time and from the same landmass. However, both countries were destined for different faiths.
India became a part of the British Raj in 1858 through the Government of India Act 1858, and after the failures of the First War of Indian Independence in 1857; while Myanmar became a part of the British Raj way back in 1824 through the Yandaboo Treaty after the Burmese defeat in the Anglo-Burmese Wars, 1824-26. Hence both became British colonies in the 19th Century. Both Myanmar and India were administered as part of the British India from 1858 to 1935. However, with the passage of the Government of India Act, of 1935, Myanmar (then Burma) became an estranged sibling -like the one sibling who is lost in a ‘MELA’ as depicted in the Bollywood Films reconciling after ages.
After Independence, the founding fathers of both Nations left no stone unturned to integrate the reluctant Princely states into the Dominion of India and the Dominion of Burma respectively. In the case of India, the British had signed various Subsidiary alliances and treaties of suzerainties with the princely states which were automatically repudiated once the Indian Independence Act, of 1947 was passed by the British Parliament. The Indian Independence Act categorically states that all the existing treaties (Subsidiary alliances treaties and Treaties of Paramountcy & Suzerainty) signed by the British with the princely states will be terminated with effect from 15th August 1947. The princely states were provided with the option to either join the Dominion of India or the Dominion of Pakistan or to remain Independent states. This very provision of allowing the princely states to remain Independent sowed the seeds of the Balkanisation of India. Former Secretary of Govt. of India V. P. Menon even called the British attitude towards leaving India chaotic as the greatest ‘disservice’. However great Realist Statesmen of our country and the 1st Deputy Prime Minister & Home Minister of India Sardar Patel took it as an opportunity and tactfully used the Chanakya Neeti of Sham (political reconciliation), Dam (monetary Inducement), Danda (force) and Bhed (split) to integrate the 565 princely states which was the only way to ensure the integrity of India and prevent its Balkanisation. Sardar Patel with the help of Secretary V.P. Menon drafted the instrument of accession - a legal document which by signing it, the Princely states would accede to India and become an Integral Part of the Dominion of India.
On the other hand, in Burma, the independence movement was led by General Aung San, the legendary father of the legendary Nobel Laureate Aung San Suu Kyi who led the resistance movement against the Japanese with the help of the British. He on the contrary was an idealist. He failed to recognise and understand the British, US and Chinese interests in Myanmar and their machinations to further their interests. He failed to recognise his opponents especially the members of the Communist Party of Burma which was a Chinese asset in Burma. The British here too in Burma sowed the seeds of Balkanisation of Burma as it did not properly administer the Excluded and Partially Excluded areas. The Excluded and the Partially excluded areas were the creation of the British as envisaged under the Government of India Act, 1935 where certain contiguous areas of Nagaland bordering Myanmar were kept out of reach of the so-called Mainland Inhabitants of India and Myanmar, thus preventing full integration with India or Myanmar, resulting in the birth of series of Insurgencies in the North-East of India and the Hills of Myanmar. After the Independence of Burma (Myanmar) when the question of integration of these hill areas, partially excluded and Excluded areas, especially the Shan princely states, The Karreneni princely States, the Kachins, the Karens the Chins and the other minorities, Aung Sang with the help of Shan Princes called a Conference called the “Panglong Conference” where the representatives from the Shans, Karens, Karreneni’s and the Chins gathered in Panglong and signed the ‘Panglong Agreement’ where they agreed to be part of the Union of Burma for 10 years with the Union of Burma recognising their autonomy. The ‘Panglong Agreement’ also had an exclusive clause recognising the right to “Self-Determination” of these Ethnic Minorities meaning that after 10 years of signing the agreement, these Ethnic Minorities would have the choice of remaining with or coming out of the Union and becoming Independent Entities. This Panglong Agreement was passed by the Constituent Assembly of Burma and as a result, it became a law. The Agreement added fuel to the fire towards the decades-old civil war which still engulfs the Country. In its final form, the 1947 Burmese Constitution recognised special arrangements for certain ethnic groups. The Shan State and Kachin States were created. Kawthoolei (Karen) Region was given a provisional arrangement, in anticipation that a commission would consider the creation of a Karen State. Karenni State was also formed (although at the time it was anticipated this may merge with Karen State). The Constitution also established the Chin Division. There was a constitutional option of secession after 10 years for some of these groups, a provision that generated significant controversy at that time. This one word “Self-Determination” changed the entire course of the history of Myanmar.
Simultaneously, not far from Myanmar but far from the mainland of India, the germ of another Secessionist agreement was taking its shape in the region of Naga Hills (now Nagaland ) in the form of the Naga-Akbar Hydari Accord also famously called the Nine Point Agreement. The 9 Point Agreement was signed between the then Governor of Assam, Sir Muhammad Saleh Akbar Hydari and the representatives of the Naga National Council at Kohima after 3 days of intense discussions deliberations and debates on 28th June 1947. Sir Akbar Hyadari had genuine interests in resolving the issues and addressing the grievances of the NNC. He was truly hopeful that the representatives of the NNC would appreciate the intricacies and nuances of the Pluralistic Democratic system of India and would willingly accept to be part of the Union of India. Little did he know that this accord would lay the groundwork for a decade long insurgency. The 9th point of the Akbar-Hydari accord was contentious as it indirectly granted the right to self-determination to the Nagas after 10 years of passage of the accord, even though the word was not categorically mentioned. But the fate and destiny of India were in safe hands as the Naga-Hydari Accord was not ratified by the Constituent Assembly of India. The Founding Fathers and the makers of the Constitution of India were highly far-sighted as they could see that if the 9th point agreement was ratified, it would definitely lead to the “Balkanisation” of India where taking the example of Naga Hills, the remaining provinces and the princely states will demand similar accords to be signed with them and the enormous efforts of Sardar Patel to integrate the princely states would go in vain. With the Constituent Assembly not ratifying the 9-point agreement, the Naga people under the banner of the Naga National Convention led by moderate leaders like T.Sakhrie, Imkonliba Ao and John Bosco Jasokie demanded a 16-point agreement which was a culmination of policy changes from previous 3 agreements akin to the 16 point agreement. This 16-point agreement ensured the statehood of Nagaland in 1963 under the Constitution of India and protected of Customary rights social, cultural, political, administrative, land, and judicial rights of the Naga people. This agreement acted as a transitional phase from Self-Determination to Statehood and later greater autonomy within the ambit of the Indian Constitution. This 16-point agreement was the precursor of Article 371 (a) of the Constitution of India which gave “special permanent status” to the state of Nagaland and gave permanent Constitutional sanction to the talking points of the 16-point agreement, the Shillong Accord, 1975 the 1997 Ceasefire Agreement and the 2015 Naga Framework Agreement. On the other hand, Burma went through years of civil wars, secessionist movements, turmoil, two weak leaders, Army dictatorships, and tens and thousands of armed ethnic groups be it the Kachins, Chins, Karens, Karenni, Wa, Arakanese, Rohingyas etc, followed by 10 years of nascent controversial democracy with army veto and marked by controversial Rohingya episode which followed the return of army dictatorship and now the recent takeover of Chin areas by the resistant forces.
Meanwhile, in India, the secessionist groups be it the Northeast Insurgent groups have come to the table for discussions and have signed historic peace accords be it the historic Mizo accord which led to the creation of the State of Mizoram and completely ended the Mizo insurgency is a model peace accord to resolve insurgent conflicts around the world. Assam Accords which led to the end of the 6-year long agitation of student groups of Assam and ensured greater participation of local people of Assam in the administrative functions. The special status given to several states under Article 371 further ensures the spirit of Greater Autonomy of States within the Indian Constitution and cements the concept of Cooperative and Competitive Federalism. Articles 371 and 371-A through J provide “special provisions” for specific states, often to give representation to certain religious and social groups and to allow these groups to exercise autonomy over their affairs without interference from the state and central governments be it the likes of Nagaland, Assam, Gujarat, Maharashtra, Manipur, Sikkim, Arunachal Pradesh, Karnataka, Andhra Pradesh etc. The Sixth Schedule of the Indian Constitution further gives constitutional, administrative, judicial, cultural, social, economic, land rights and protection to the Autonomous Districts of the states of Meghalaya, Assam Tripura and Mizoram by creating Autonomous Districts. Schedule 5 of the Constitution of India provides for the creation of Tribal Advisory Councils in the tribal areas of the states of Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Schedule Areas. Recently, the Ladakhi people have also started demanding the Inclusion of Ladakh in the Schedule 6 list as well as in the Article 371 list through Constitutional and legal means. The irony is that the Nagas on the Burma side have not yet fully integrated with the Myanmar civil society while on the other hand, the Indian Nagas have actively participated in the Indian political and administrative system and also with the civil society.
The one word that changed the course of history of the two estranged siblings is “Realpolitik Statesmanship’’. The leaders of India right from the Constituent Assembly to the current dispensation kept the National Interest along with the aspirations of the people of India at the top pedestal and worked relentlessly to achieve that. Whenever it was the issue of National Interest, political parties irrespective of differences and contrasting ideologies have come together to work for National Unity and Integrity. But in the case of Myanmar, right from the day of signing of the Panglong Agreement until now no single entity has achieved to unite the people of Myanmar. Hence to summarize in one line - A single word, idea, decision, action and ideology can change the course of a Nation.
(The author is a student of law. All views and opinions expressed in the article are the author's own)
