Shillong,Nov 01: In the Hima Khasi States there are very important customary and social practices which should be strengthened to protect the indigenous tribal people provided the KHADC, JHADC and GHADC expedites the codification of the Acts and Rules of the 54 Hima /Elaka in Khasi Hills and 18 Elaka Dolloi and 1 Sirdarship in Jaintia Hills and in the 1400 plus A’khin administered by the Nokmas in Garo Hills.
It may be recalled that Laws, Rules and Regulation passed by the District Councils are forwarded to the District Council Affairs Dept, Govt of Meghalaya, which forwards the same to the Governor of Meghalaya, for assent in accordance with para 11 of the Sixth Schedule to the Constitution of India.
The KHADC passed ‘The Administration of Nongstoin Syiemship Rules 2006’ and extended its application over the entire Nongstoin Syiemship.
The above mentioned Administration Rule 2006, was legislated in accordance with Section 13 of the KHAD( Nomination and Election of the Syiem, Deputy Syiem and Electors of Nongstoin Syiemship ) Act 2003.
The above mentioned ‘The Administration of Nongstoin Syiemship Rules 2006 Section 8 clause (a) and (b) states the following (a) A Dkhar shall have no right to settle or cultivate in any part or village within the Syiemship. (b) A Dkhar shall have no right to become the member of the Executive Dorbar or Village Dorbar within any village of the Syiemship.
Similarly in accordance with Section 9 of the KHAD (Nomination and Eleciton of the Syiem, Deputy Syiem, and Electors of Hima Maharam) Act 2006, the District Council legislated the ‘The Maharam Syiemship (Administration) Rules 2009 and Section 10 of this rule states ‘Section 10 clause (6) ‘Non-Tribals are not allowed to permanently settle within any area under the territorial jurisdiction of Maharam Syiemship without valid document issued by the Syiem and Dorbar.’
These District Council Rules which are already in place are very relevant to the current debate and agitation on Influx and hence there is urgent need for synergy between the tribal governing institutions, the three District Councils , and the State Government to effectively implement these laws, and rules already in existence through the Directorate of Infiltration, and Labour Departments so that they can address the contentious issue of Influx. Further extension and notification of these acts, rules in the sensitive and porus areas of the State.
It is therefore apparent that expedious codification of the customary practice through Acts and Rules in accordance with para 11 of the Sixth Schedule to the Constitution of India can be one of the many and multiple approaches that the District Council and the State Government can explore to address the influx issues. (SP News)
