INTRODUCTION
Unlike the then premier of Assam, Gopinath Bordoloi, who “was known to be very kind and sympathetic to the hill people, had been respected by the hill tribe”, Shri N. Biren Singh reminds of Shri Kuladhar Chaliha of Assam who once gained his notoriety amongst the hill tribals for insulting that “giving of too much autonomy to the tribals, would result in creation of tribalstan”.
Rejecting his argument, however, Shri Nichols Roy observed, “the measure of self-Government will make the tribals feel that the whole of India is sympathetic with them and nothing is going to be forced on them to destroy their feeling and culture. He asked why should the tribals not be allowed to develop themselves in their own way. He reminded that to keep the frontier area safe, these people must be kept in a satisfied condition. If force were to be used on them, more harm would be done as no advancement can come through force” (Framing of the Sixth Schedule). As though humanity hasn’t learnt any lesson from the countries plagued by ethnic conflicts such as Rwanda, Burundi, East Timor and Fiji, for they all have but one thing in common, they all “lack the foundation for protecting minority rights”.
Manipur might either become another Somalia to be the world’s most dangerous country for minority communities as per the new global survey conducted by the Minority Rights Group International (MRG), or it might follow the Sámi parliament of Finland which is internationally referred to as model “for indigenous self-governance and participation in decision-making that could inspire the development of similar institutions elsewhere in the world”.
As the High Commissioner on National Minorities for OSCE rightly opined, “Accommodating minority interests should not be interpreted as political correctness or pandering to special interests groups. Nor should it be diminished through tokenism or short-term concessions. Instead there should be a genuine commitment to protect the identity of national minorities and create conditions for the promotion of that identity (Emphasis added)” (Multi-ethnic States and the Protection of Minority Rights).
The preposed bill vis-à-vis the original act: The existing power of HAC/ADC
The hyper-kneejerk response of the valley-based civil organizations that the Hill Areas Committee (HAC) has no power to recommend the proposed Manipur (Hill Areas) Autonomous District Council Bill, 2021 is absolutely misplaced. Making such initiatives and proposals is rather the essential legislative function of the Hill Areas Committee (HAC) as provided under Paragraph 4(3) of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972. Again, the proposed Bill only attempts to make explicit what is already there in the original Act and in no manner, it makes any attempt to take away anything from the plain revenue districts. Excepting the provision for second appeal to the Hon’ble Supreme Court in election matters as proposed under Section 20B, there is nothing new in it as substantially different from the existing scheduled matters.
Even the proposed Hill Secretariat under Section 4A is not a new concept as it only attempts to elucidate the existing functions played by the Department of Tribal Affairs & Hills. The proper power limits of the Hill Secretariat being left unclear, the proposed Bill may on the contrary unintentionally strengthen the grip of the State Government and more so as Section 3 of the Bill robs in the role of the State Government as contrary to the original Act and the existing scheduled matter “Public Health” being further proposed to be omitted.
As per the Second Schedule to the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972, the following scheduled matters, namely, inter alia, “allotment, occupation, or use, or the setting apart of land for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose”; “constitution, power and functioning of ADCs”; “management of any forest not being a reserved forest”; “establishment of Village Committees or Councils and their powers and other matter relating to village administration”; “appointment or succession of Chief or Headman”; “regulation of the practice of Jhum or other forms of shifting cultivation”; “use of any canal or water course for purposes of agriculture” and “inheritance of property”, are within the legislative purview of the Hill Areas Committee (HAC) and the corresponding administrative/executive function thereto being conferred upon the Autonomous District Councils (ADCs) under Section 29 of the Manipur (Hill Areas) District Councils Act, 1971.
In terms of Paragraph 4(3) of the said Order, the primary function of the Hill Areas Committee (HAC) is to consider and pass such resolutions recommending any legislation or any executive action in respect of the “Hill Areas” even in matters of pure general policy and as per Paragraph 4(2) thereto, every Bill other than Money Bill affecting the “Hill Areas” is mandatorily required to be referred to the Hill Areas Committee (HAC) for consideration and report to the Assembly. Thus, no legislation in respect of the scheduled matters can take effect unless the same is routed through the Hill Areas Committee (HAC) as provided.
(To be Concluded…)
Sira Kharay is an advocate
based at Ukhrul, Manipur.