Shillong, March 02: The State Government , KHADC, JHADC, Political Parties and MDCs elect review the Constitution of India and Sixth Schedule to protect the future of the “jaidbynriew”
After having had Twelve Elections to elect Members of District Council (MDCs) since 1952 upto 2019 (67 years) which should have seen only 12 Chief Executive Members (theoretically one in five years) instead the lacune within the Constitution has propped up a total of 39 CEMs in KHADC, similar is the status in JHADC since the division of the United Khasi & Jaintia Hills District Council vide notification No. TAD/R/50/64 dated 23.11.1964 and the taking over of the first JHADC CEM since 11 April 1967.
Inspite of the political circus that continues in both KHADC and JHADC, the Thaditional Chiefs of Meghalaya, in their continued pursuit since last 70years to seek redressal of the constitutional anomaly under the umbrella of the Grand Council of Chiefs of Meghalaya, The Ka Dorbar ki khlieh nongsynshar Ka Ri Hynniewtrep, The Federation of Khasi States – The Dorbar Ki Dolloi -The Council of Nokmas, continue to look forward to the State Government the new MDCs of KHADC, JHADC to discuss indepth the Instrument of Accession bad Annexed Agreement 17 August 1948.
Regretfully till date on the other hand the outcome of the movement has exposed the ignorance and lack of depth of political parties regarding the IOA & AA, and this is what has brought conflicts and confusion to the Khasi, Jaintia and Garo citizens about how to face and overcome the many challenges that are unresolved till date.
Few examples of this is reflected in the conflict between the customary laws with the Forest Conservation Act 1980 which does not acknowledge or recognise the private forest, community forest, clan forest, village raid or Hima forest, and it’s various customary land holding system.
It totally ignored and made the Forest Act/Rules of the UK&JHADC the to the extent that numerous furniture units are closed as the FC Act / Rules mandates such activities only in govt owned industrial estate/areas /zones, causing immense problems to the people when such land is not available especially in the rural areas to even get small wooden window panes, or floor planks to make their houses is extremely difficult as “industrial estates” are not available in the neighborhood.
What is even more disturbing is that an official Resolution of the Assembly to resolve the Forest (Center -State- ADC law conflict) in the year 2000 (as per RTI reply) that this official resolution was not even sent to the Ministry in New Delhi. Further the people are still stuck with conflict on the issue of ownership of minerals, such as coal, limestone, bolder, sand, chips, oil and gas, etc., as central laws were legislated ignoring the treaty terms of the IOA & AA.
In it’s movement the Federation of Khasi States from time to time have tried their best to approach the state and KHADC to address the treaty terms of the IOA & AA of 17 August 1948.
The FKS petitioned the National Commission for Schedule Tribes (NCST), a constitutional body under article 338, and after prolonged hearing it issued favourable directives to the Ministry of Home Affairs, (MHA), Govt of India, to take steps to include the treaty agreement & AA 17 August 1948, within the Constititution of India, communication to this effect was sent to the State Government which sought opinion from the KHADC since 2012.
The FKS again continued with their approach with the MHA in the Center during 2013-14, and the MHA again wrote to the State Government and again the KHADC did not respond to take opportunity of this communication from the Center. Instead the contradictions in the issue of protection of “ka jaidbynriew” is seen with their not taking opportunity to respond to the center on the IOA & AA, instead the KHADC in the last few years proposed /constituted /notifed /passed two notifications and moved three BILLS as bait for the Traditional Chiefs.
The following were moved by KHADC namely (notification) of the Federation of Khasi Traditional Institution vide notification 2nd August 2004, the second was passing of the BIll namely The KHAD (Constitution of the Federation of the Khasi Traditional Chiefs) Bill 2006, then another (notification) Federation of Traditional Dorbar dated 3 November 2015, followed with the The KHAD (Constitution of Council of Traditional Dorbar ) Bill 2016, then the latest was the passing of the The KHAD (Constitution of Subordinate Council of Traditional Chiefs and Headmen) Rules 2018.
Surely the above indicates amply clear that all agree that the traditional institutions need a constitutional traditional partyless political space, however the above bills and notified Committees have had their natural end with the constant instability and lack of seriouness from all concerned including the State Government and also the elected Members of Parliament of Meghalaya as the general perception is that the ADCs is for people to spend their time till such time they climb up the ladder to become an MLA.
The elections MDC 2019 is over and the question that the traditional chiefs have before the elected MDCs and the president /leaders of the Political Parties is what steps will they take to include the IOA & AA within the Constitution under a special article which will enable the Khasi, Jaintia and Garo, people to finally see the definition of Dorbar Kur, Dorbar Shnong Dorbar Raid and Dorbar Hima within Constitution of India under a special Article, and they should desist in moving Bills which are just for fooling the Traditional Chiefs. Said Mr John F Kharshiing.
