A statutory body for protection of tribal rights

Ashingpou Gangmei *

What is Hill Areas Committee and what are its powers and functions? It is a pertinent question being raised by some educated persons but most of our tribal people are ignorant of this statutory body and its powers and functions. We all know that it is a statutory body enshrined in the Article 371-C of the Indian Constitution.

The primary objective of this act is to protect the lands, property and rights of the tribal people of Manipur. The Act according to Article-311-C Special provision with respect to the State of Manipur.

(I) ‘Notwithstanding anything in this Constitution, the President may by order made with respect to that of Manipur provide for the Constitution and functions of a Committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee.

(2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said Areas.

Explanation - In this article, the expression ‘Hill Areas’ means such areas as the President may, by order, declare to be Hill areas.

Here I would like to explain in this way that the phrase ‘Hill Areas’ is synonymous with tribal areas/lands/districts etc’ because from time immemorial till date the hill areas are predominantly inhabited by different tribal groups and it is their ethnic territories too.

British occupation of Manipur

On the one hand after the last war of Manipur independence being fought between the intruding British forces and the forces of the Maharaja of Manipur the later got a crushing defeat in the hands of the advancing superior British forces on the 24th April 1891 which is also known as the ‘Khongjom War’ in the history of Manipur. Ultimately, Manipur forces surrendered and she came under the British crown since then. After the British occupation of Manipur in 1891 various changes had been brought about in the administration of the State.

Emergence of dichotomy in the administrative affairs of Manipur

One of the most remarkable changes introduced in the State was Reconstitution of Manipur State Durbar that was brought about simultaneously with the assumption of administrative authority of Raja Churachand Singh on 1511 May 1907. Indeed the reconstitution of Manipur State Durbar was a very significant development in the colonial history of Manipur because it reflected the defect of position of the British Political Agent in Manipur over the administrative affairs of the State.

According to this new arrangement the Raja was the President of the Durbar and he was assisted by an English ICS officer as the Vice President. Besides this, there were other six Manipuri members who were also entrusted with different portfolios and ten members were appointed by the Government.

Portfolios like education, medical armed State police were given to the Vice President. Other portfolios like judiciary, works, civil police and jail were entrusted to the ordinary members. After this new arrangement the influence of the Political Agent over the affairs of the Durbar was so great that he got the power of access to every affairs of the Durbar.

It is mentioned that ‘should the Raja, the vice president the Members Incharge of the department concerned not approved of the order passed, he may have the matter referred to the Political Agent who may request the Durbar to reconsider the matter. If the Durbar adheres to its former orders the Political Agent may refer the matter to the Government of India for orders. In such cases action shall be stayed after first reference till final orders are passed’.

And the significant contribution of the new arrangement was that the entire administration of the hill areas was now left in the hand of the vice president who was also an English officer. Since then there grew a dichotomy of administration in the State of Manipur i.e. the hill areas and the plain.

The Hill Areas committee: A colonial legacy

On the other hand, I would like to say that Hill Areas Committee of the Manipur Legislative Assembly under Article 371-C is a colonial legacy. There are logical reasons to prove the Hill Areas Committee as a colonial legacy and that may be summarised in the following ways. Why because the Reconstituted Manipur Durbar Act 1907 had created dichotomy in the administrative affairs of the State. i.e. the vice president of the Durbar who was an Englishman was responsible of the administrative affairs of the hill areas while the Raja who was the President of the Durbar was responsible of the affairs of the plain areas.

Similarly Art-371-C, Special Provision with the respect to the State of Manipur says-(I) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur provide for the Constitution and functions of a Committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hills Areas of that State for the modifications to be made in rules' of business of the Government and in the rules of procedures of the Legislative Assembly and for any special’ responsibility of the Governor in order to secure proper functioning of such committee.

The Controversial MLR & LR Act 1960 passed by Manipur Legislative Assembly in 1988 was shelved by the Governor

This provision of the Constitution empowers the HAC to act as the watchdog in the matter relating to hill areas. It further empowers the HAC, even to nullify bill being passed by the Manipur Legislative Assembly concerning the hill areas if the committee feels that it would be to the detriment of the people of the hill areas. For instant, in the year 1988 when late R.K Joychandra Singh became the Chief Minister of Manipur, he had introduced the controversial Land Revenue & Land Reforms Act 1960 to be operational in the hill areas too.

The bill was thus passed with a thumping majority in the house but there were strong opposition to the bill from different tribal groups in the State of Manipur. On seeing the magnitude of stiff opposition to that bill from the tribal groups, the then Chairman, HAC late Shri I.D. Dijuanang wrote to the then Governor of Manipur Gen. (Retd) K.V. Krishna Rao ‘Urging him not to give his assent to that controversial bill. Accordingly the bill was shelved by the Governor and it has not become act till date.

It was remarkable achievement in the history of Manipur Legislative Assembly. Here the ‘special responsibility of the Governor in order to secure the proper functioning of the committee’ mentioned in clause (I) of the article has been demonstrated in a spectacular manner thereby protected the rights of the tribal people over their land in the State.

In that Reconstituted Manipur State Durbar Act 1907 the Political Agent played the role of the Governor in the present Indian State.

It is mentioned that ‘should the Raja the Vice President, the members incharged of the department concerned not approved of the order passed, he may have the matter referred to the Political Agent who may request the Durbar to reconsider the matter. If the Durbar adheres to its former orders the Political Agent may refer the matter to the Government of India for order. In such cases action shall be stayed after first reference till final orders are passed.

Therefore, the Political Agent during the British colonial regime enjoyed all attribute of a Governor of a State under the incumbent Indian Constitution. Article 371-C(2), the Governor shall annually or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.

In this clause, we find the word ‘annually’ or whenever required by the President make report to the President regarding the administration of the Hill Areas in the State of Manipur. It further says that the ‘Executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas’. We the tribal people in particular and the people of the State in general need to study and review the role of the Governor in the context of the administration of the hill areas.

Here I would like to question whether the Governor has ever reported the prevailing administrative affairs in the hill areas annually to the President of India or whether our elected representatives have ever apprised the Governor to give his direction to the disfunctioning of the ADCs in the hill districts? According to the provisions of this Constitution, the Governor by exercising his executive powers has every right to give direction to the State Government to improve administration in the hills including the suspended ADCs with immediate effect.

For example, the Autonomous District Council in the hill districts has been disfunctioning for the last 20 years now. As a resultant effect, there are less development in the hill areas. Besides, burning issues confronting the tribal people like tribal reservation policy, roster system etc needed immediate attention by the Governor. In order to impress upon the Governor, State Govt and the Centre, we need collective effort by all tribals.

We cannot remain mute spectators to the ATSUM demands etc rather we must come forward and cooperate them. Here the role of elected tribal people representatives is very badly needed. In my observation, I saw most, of the tribal elected representatives cannot assert for their rights. May be they feel they may lost their ministerial berth or may not get favour from the Chief Minister or the ruling side provided they assert for their rights or shout for the interest of the tribals.

That is the wrong notion being emerged in the minds of most of the elected representatives. We should not forget the maxim, survival of the fittest. There is no room for the weak in this Darwinian society. It is my layman thinking that no one would take action against you for advocating your rights rather your survival mentality would be enhanced simultaneously other people also will respect you.

The HAC as a vibrant platform to spearhead tribal issues and problems

Role of the Hills Areas Committee is very essential in mitigating the grievances of the tribal people, it may be holding the election to the ADC and extension of Six Scheduled etc. If the counterparts' tribals of Assam,. Meghalaya, Mizoram, Tripura etc could enjoy this opportunity, why not the tribal in Manipur. The HAC must pressurise the Governor and the State Government for this long suspension of the district councils.

It should be activated with more power and financial autonomy to the ADC. In case, the Zilia Parishad and Panchayati Raj elections in the valley districts are suspended for a year or two, I think the Government won't be able to face the wrath of the people. But the State Government is cosying over the protracted suspension of the councils. Now the ADCs in the hill districts have been made fiefdom for some corrupted officials. They have made it their permanent den as that have been under suspension for about 20 years.

I would like to appeal the Chairman and Members of the HAC to spearhead all the important issues confronting the tribal people and the hill areas including holding of election to the ADCs under the Sixth Schedule of the Indian Constitution, reservation policy of tribal, maintaining roster system, filling up of all backlog-vacancies.

Amendment of the existing redundant Hills Areas (Village Authority) Act 1956 is also one of the crying needs in view of growing needs of the people and to give an act which will suit to the present situation of the tribal people in consistent with the tribal customary laws. There is also immediate need to have a separate land law for the hill areas at the earliest.

Due to absence of acceptable land law in conformity with the tribal land holding systems, the tribal in the hill districts also have been deprived of bank loan and other financial assistance/funding from departments and financial institutions. Of course ATSUM, other tribal NGOs and civil societies can act as pressure groups but they have no right to participate in the process of decision making and debate because only the elected members/people representatives have the right to represent public opinion in the August House. Since the HAC is part and parcel of the decision making of the Manipur Legislative Assembly, the role of the members of the HAC is the need of the hour to redress the compounded grievances of the tribal people.

Because of the pressure from honourable Member of Parliament like Ram Vilas Paswan who is also a Minister incharge of Chemical, Fertilizers and Mines etc in the UPA Government now the Government of India has initiated reservation policy to be introduced in the private sectors. If people representatives like Ram Vilas Paswan and other Dalit leaders can speak for the rights of SC/ST/OBC why not our honourable MLAs.

You are the right persons to represent tribal voice and right persons to impress upon the members of the August House and the Government to take up all those tribal rights and privileges that had long been neglected by the Government of Manipur. I am sure our elected representatives have enough courage, wisdom and knowledge to carry forward the various issues and problems confronting the tribal people in the State.

I also would like to say that the existing Act of the ADC under the Manipur Autonomous District Council Act 1972 is just like a tiger without claws and tooth comparing to those counterparts ADCs under the Sixth Schedule operational in the State of Assam, Meghalaya, Tripura, Mizoram etc.

The reason why I say the ADCs Act 1972 like a tiger without claws and tooth is that even the word Autonomous has been prefixed to the District Councils whereas in practice there is no an iota of autonomy in its true functioning. Because, the ADCs are functioning under the mercy of a Under Secretary/ Section Officer to the Department of Hills, Government of Manipur and there is no financial autonomy to this institution.

All transactions of funds meant for the ADCs are controlled by the said Under Secretary/Section Officer Hills, Govt of Manipur who is acting like the Charge d' affairs to the ADCs every now and then. Therefore, extension of Sixth schedule to the district councils in the hills is the only answer to redress and develop these backward areas in the State.

And when we talk of Sixth Schedule there is always apprehension in the minds of the valley people with their premonition that the hill districts/areas would be disintegrated sooner or later if the sixth schedule is once extended to the ADCs. That is wrong notion on the part of the Meiteis to feel so and sabotage it. Due to this kind of wrong notion they will really face the disintegration of Manipur one day or the other. Because M.K. Gandhiji said, ‘suppression is cause of revolution’.

People of Manipur, have been living with different types of problems and crises and it is almost touching the saturated point that may erupt anytime. In other word, we are living in a time bomb like situation for that I need no further explanation.

On the other hand there have been regular elections to both Panchayat/Gram Panchayat and Zilla Parishad at the interval of every five years in the valley districts. The latest election to those institutions was held on the 19th Sept, 2007 and they have been enjoying the fruits of developments every year through that elected representatives.

Let these local self Government/institutions in the valley districts also be upgraded under the 73rd & 74th Amendment of the Indian Constitution 50 that both the hills and the plain develop simultaneously side by side without interfering into each other’s affairs. Besides, women reservation of 33% have already been operational for the last 5 years in the valley.

As Jesus said, ‘give unto caesar what is Casaer and give unto God what belongs to God’. Therefore, let the valley people enjoy ZP, PR, GP ete under 73rd & 74th Amendment and the ADCs for tribals in the hills under Sixth Schedule of the Indian Constitution. There and then only we may be able to live in a more contented and peaceful manner and also develop our lands on equal footings.

Because lopsided development cannot maintain emotional integrity for good in a heterogenous State like Manipur. Besides planning and allocation of fund should not be done on population basis however it should be done on the need base.

Therefore, it is my appeal to all elected representatives to renew their endeavor to uplift the tribal through the people mandate given to them during this tenure so that this five-year term of the 9th Manipur Legislative Assembly turns a meaningful and progressive period because of their representation in this August House.