Facts about Article 371-C : Attempts to tinker with it could trigger bigger ramifications
- Part 3 -

Ngaranmi Shimray *

Captain Singh stated that Article 371-C sowed the seeds of narrow ethnic politics and failed to promote harmony among the various ethnic communities. As already stated above, Article 371-C and its concomitant documents provided for continuation of the spirit of safeguards given in the Act of 1963. Article 371 A to H and J have been provided for many North Eastern States and some States in mainland India to safeguard and protect historical legacies, unique circumstances and regional demands of the States.

Article 371-C, if it is allowed to function properly with the support of the State Government, Speaker and the Governor, has potential to be a bridge between the people of the Hill Areas and the State Government. The dominant community who controls the Government should be aware of the dangers of suggesting the removal or amendment of Article 371-C which would be detrimental to the interest of the tribes and the Hill Areas.

Attempts of this nature has the risk of it being construed as an assault on the rights of the tribal people of the State; an attempt to take away the only protection given to them by the Constitution and could be viewed as an act of aggression. Acting on such idea could trigger a larger conflict between the tribes and non-tribes engulfing the region in flames.

The Order dated 20th June 1972 under para 4(5)(b) states that the Hill Areas Committee (HAC) in its functioning shall endeavour to:- “promote unity between the people of the Hill Areas and other areas of the State by aiming at an integrated and evenly based economic growth of those areas and augment the resources of the State as a whole.”

The irony is that the HAC has not been allowed to function properly by the State Government and the Speaker of the Assembly. The HAC is mandated by the Order dated 20th June 1972 to “promote unity between the people of the Hill Areas and other areas of the State” apart from the functions listed under The Second Schedule, but it has not been supported sufficiently rendering it ineffective and non-functional.

The State Government and the Speaker should entrust the task to the HAC for bringing about unity between the warring Meiteis and Kuki-Zo entangled in the current conflict by allowing it to convene its meetings in a suitable location outside Imphal valley within the State or even outside the State as Imphal city for the moment is out of bounds to the ten Kuki-Zo MLAs. This task needs to be assigned as soon as possible in the interest of resolving the ethnic clashes and bringing about communal harmony and coexistence of different communities in the State.

Captain Singh has stated that on account of non-availability of land and resources in 90% of Manipur’s geographical area the development process of the State has been paralysed. The Meiteis by virtue of being the relatively advanced community, with the largest population and State capital situated in the centre of Manipur have been able to get whatever they want.

They got Manipuri script included in the Eighth Schedule of the Constitution and the Meiteis have an advantage now as many Govt service recruit-ments are allowed in Mani- puri language. But when it comes to the demand of the tribes for extension of the Sixth Schedule to the Hill Areas it has been obstructed under one pretext or the other. All major infrastructures and institutions are located in Imphal valley while the hill district headquarters have hardly anything worth mentioning.

If development has to take place henceforth it should be in the hill district headquarters with special economic zones at the border areas and not in Imphal valley or the foothills surrounding Imphal valley. Everything cannot be concentrated in the Imphal valley and the foothills.

There has to be decentralisation to decongest Imphal valley and set up infrastructure and institutions in the district headquarters, but this thought is not in the minds of the Meitei leadership. They cannot fathom anything beyond Imphal valley and its immediate vicinity.

The tribes have many grievances and the main one is the opposition by the State Government, which is controlled by the dominant Meitei community, to the demand for extension of the Sixth Schedule to the Hill Areas. This attitude of denying the legitimate demands of the tribes for half a century since the 1970s is becoming unacceptable to the tribes.

The tribes have seen the benefits reaped under the empowered Panchayati Raj system guaranteed now by the Constitution for the Imphal valley, the autonomy of Sixth Scheduled Areas in the North Eastern States and now the Bodoland Territorial Council and are deman- ding for having similarly empowered local self Government.

But the demand for the Hill Areas of Manipur where the district council system is in place since 1972 has been refused and scuttled for half a century. The tribes have been very accommodating to the Meitei community and did not raise any opposition when the inclusion of Manipuri script in the Eighth Schedule was made. But when it comes to the demands of tribes of Manipur the instinctive parochial reaction comes in frustrating all demands of the tribes.

Given this evolving situation, why should the tribes not oppose the demands of the Meitei community after having seen their response towards the demands of the tribes especially, for extension of the Sixth Schedule to the Hill Areas and the step-motherly treatment towards the tribes in all spheres of life ?

Captain Singh has made an insinuation that the Nagas and Kukis were guided by Church leaders to become ST in 1950. Look around the entire North Eastern States and assess whether any indigenous hill tribes including plain tribes were left out in 1950 and 1951 Orders based on 1931 Census ? None.

Wherever there was lack of clarity of the names of tribes the Orders clearly indicate the word “Any” and the Orders for the States read as Any Naga tribes, Any Kuki tribes, Any Mizo tribes and Lushai tribes. None of the tribal groups were missed out as their attributes of tribal practises and their categorisation in 1931 Census left no doubts about their status.

No community is to be blamed for the Meiteis not finding themselves in the ST list, but themselves. It is clear that the Meitei elite in the 1950s felt insulted by the very thought of being categorised as SC or ST. This is true even during the Chief Ministership of Nipamacha Singh when it was asserted that the Meitei people are Hindus and have assumed the status of Kshatriya Caste and are already listed as OBC.

For reasons best known to the eminent Meitei personalities during the 1950s it appears that they have not demanded ST categorisation for the Meitei community or did not protest when they were left out from the ST list. As for the Nagas and Kukis, there was no hesitation and the tribes of Manipur, including those living in the Imphal valley were included in the list of ST in the 1951 Order and subsequent amendments.

The current demand for ST status for Meiteis does not appear to be based on scientific grounds, recent third party data and information bereft of ground realities. It appears to be based more on emotional consideration.

Any aggressive move to take over tribal lands in the Hill Areas is likely to be perceived by the tribals as an attack on their lands which they hold dear to their hearts. No tribe worth its name will allow their lands to be usurped through subterfuge, force and devious methods. They would rather lay down their lives to protect it. The Meitei community need to understand the emotional attachment of land to the tribes and explore other ways of utilising tribal lands in the Hill Areas through dialogue and negotiation.

The advise is to tread the path of reconciliation, peace, coexistence and think of another way to share the fruits of development with the tribes through dialogue and negotiation for peaceful coexistence.

Considering the current tenor of confrontationist policy by both sides, Manipur may soon become untenable as various forces are pulling the State in different directions and may eventually tear Manipur apart.

The seeds of hatred are getting rooted deeply. Nothing can work if the attitude is only selfish greed and force to take benefits of infrastructure and institutions for the Imphal valley only with no magnanimous or generous consideration to give and share the benefits with the hill district headquarters.

A change in attitude of the dominant community is desirable if the forces pulling Manipur apart have to be stopped for the sake of harmonious coexistence.

Concluded ...