Shillong, October 28: Expressing serious concern as to the recent suspension of some of the Dollois in Jaintia Hills, Bah John F Kharshiing, Chairman, Grand Council of Chiefs, Ka Dorbar Ki Khlieh Nongsynshar Ka Ri Hynniewtrep, and Spokesperson, Federation of Khasi States, stated that he has been trying since many years now to impress upon the Khasi, Jaintia and Garo Hills District Councils to legislate and codify the Customary and Social laws, the Traditions and Practices, of the Hima/ Elakas and the recent mis-understanding and conflict between the JHADC and the Dolloi could have been avoided if there was proper timely codification of the Customary and Social Laws and Practices, in Meghalaya, and the present state of affairs is due to frustratingly slow progress of Legislation by the three District Councils constitutionally mandated by the Constitution of India under the Sixth Scheduled to codify the Customary and Social Laws under the 54 Hima and Elaka in Khasi Hills, 18 Elaka Dolloi and one Sirdarship in Jaintia Hills and 1400 A King, Nokmas in Garo Hills.
Presently in Jaintia Hills the Customary and Social Laws of the 18 Elaka Dolloi in are yet to be codified, non of the 18 Dolloi plus 1 Sirdarship Elaka’s in Jaintia Hills have seperate Acts and Rules legislated by the JHADC, in fact even in Khasi Hills only about 12 out of the 54 Hima/Elaka have proper and effective Acts and Rules. Ironically the District Councils have been in existence for 64 years 1952-2016.
Bah John F Kharshiing, stated that in the past he met many Chief Executive Member’s in Khasi, Jaintia and Garo Hills to urge upon them to expedite effective codification and legislation and stated that unfortunately they do not have the time as the District Councils are based on Party affiliations and are a contradiction while the Hima/Elaka are based on consensus, referendum and are Partyless, ‘there is no ruling or opposition’ in the Dorbar Shnong, Dorbar Raid or Dorbar Hima/ Elaka.
The delay in codification of the Hima/Elaka/A’king, by the District Councils has brought about much confusion in governance, as bureaucrats are ignorant of the traditional partyless customary governance of Kur, Shnong, Raid, and Hima, ideally a party less District Council would probably have been more effective, and productive given that today the independents form the largest block among the MDCs in the Khasi Hills District Council !.
On 26th October 2016, Bah John F Kharshiing, over phone discussed the recent, matter with Bah Thombor Shiwat, MDC, Chief Executive Member, Jaintia Hills Autonomous District Council, and urged the CEM and the Executive Committee, JHADC, to re-consider the matter as this instability in the Elaka’s could have serious repercussions in the administration of governance at the Elaka level and especially in connection with the customary religious duties to be conducted by the elected Dolloi. During the discussions the CEM, JHADC, promised to look into the matter so as to resolve the mis-understanding at the earliest. .
U Bah John F Kharshiing, Spokesperson, Federation of Khasi States, informed that recently the Federation of Khasi States, submitted a Memorandum, to Shri. Narendra Modi, Hon’ble Prime Minister of India, during his visit to Shillong, relating to the fulfilment of the treaty Instrument of Accession and Annexed Agreement and a copy of the letter from National Commission for Scheduled Tribes, addressed to Secretary, Ministry of Home Affairs,(MHA) Govt of India, advising them to respond to the Memo received by the Hon’ble Prime Minister, from the Khasi States, which according to the IOA & AA, mandates a separate Assembly for the Dorbar Shnong, Dorbar Raid and Dorbar Hima under the Federation of Khasi States.
Given the constitutional anomalies that still exist, added with the continued indifferent attitude by the Ministry of Home Affairs, Government of India as to the Constitutional anomalies within the Constitution of India, it would have been more meaningful, less confusing if representation within the District Councils would have been according to the territorial boundaries of the 54 Hima Elaka in khasi hills 19 Elaka in Jaintia Hills and candidates should be representing Partyless Hima/ Elaka instead of Political Parties for the purpose of completing the much delayed codification by the District councils.
