Have a dialogue, sort out the difference

By Ashinpou Gangmei *

It is noteworthy that the provision of the Sixth Schedule which is enshrined in the Indian Constitution that came into force on the 26th Day of January 1950. It is incorporated in the constitution to give protection to the tribal people, their land, forest, customs, cultures, religions, etc. The tribal people living in the north-eastern region are racially belonged to the Mongoloid group which is different from the people of Mainland India, Therefore hardliners leader like Sardar Ballabhai Patel, the first Home Minister of India who was also known as the Iron Man of India had proposed to assimilate the tribals of the NE region.

However, it was the wisdom of moderate leaders like Mahatma Gandhiji, Pandit Jawaharlal Nehru, etc, who strongly advocated for protection of those distinct backward tribals (since they racially belonged to Mongoloid groups of people). For they visualized the possible serious repercussions/reactions from those tribals if the coercive means was adopted to assimilate them by the Government of India.

Far sighted Pandit Jawaharlal Nehru, the first Premier of India invited Dr. Ambedkar to be the Chairman of the Drafting Committee of the Constituent Assembly. The latter was teaching at the Harvard University, USA at that time. The primary reasons for Jawaharlal Nehru to invite and appoint him the Chairman of the Drafting Committee of the Constitution were that:

1. Dr Ambedkar was an erudite scholar
2. He was also an expert of the constitution and well versed in Federal Constitution of America.

The Federal Constitution of the United States of America gives a provision of special protection to the Red Indians so that they may flourish themselves in the midst of the army of migrants/white Europeans who outnumbered them and were superior to them in terms of their skills and technology. Even today those descendants of the migrant Europeans- are predominant in the American Continent.

Despite their exploitation the Red Indians, the aborigines of American continent, could promote and protect their distinct indigenous cultures and traditions through that special protection. The protection effectively deterred any move of the migrant Europeans to assimilate the Indians into their fold. Dr. Ambedkar had borrowed that idea of giving Autonomy to the tribal people of North-Eastern Region of India in the form of Sixth Schedule from the American Federal Constitution that allows the tribal people to protect their lands, forests, customs, cultures, religions, etc.

And no direct interference from the State Government is made possible. Moreover, the District Councils under the Sixth Schedule had direct access to the Central Government. For inclusion of such special provision, the appointment of Dr. Ambedkar was purposeful.

The most important features of the Autonomous District Councils under the Sixth Schedule are noted here below:
(a) Legislative Power (b). Judiciary Power (c). Financial Autonomy.

Legislative Power: It is entitled to make laws, rules and regulations.
Judiciary Power: It is empowered to establish Appellate Court and try cases.
Financial Autonomy: It is also given power to prepare its own budget and get adequate fund directly from the Consolidated Fund of India.

Here, the State Government does not have room to interfere except the Governor's Rule when there is constitutional breakdown, law and order, corruption or misappropriation of development fund, etc. The Governor's Rule cannot remain in force after six months from the day of the Rule imposed. Glaring example of this imposition is seen from the incumbent Autonomous Council of the N.C. Hills District, Assam which is now known as Dima Hasao District.

The council has been placed under Governor's rule after a corruption charge of more than Rs. 2 crores was found to have been siphoned of by the then proscribed DHD (Jewel) group in the year 2009. Chief Executive Member (CEM) Mr. Mohet Hojai was arrested by police along with his colleagues and bureaucrats on charges of corruption and misappropriation of public money of the District. And the Council has been put under Governor's rule for six months by then. After the expiry of six months period, the Governor has appointed a Caretaker Chief Executive Member who is looking after the affairs of the council till a regular CEM is appointed. Now the National Investigation Agency (NIA) has been investigating into the scandal. Then a regular house/council may be constituted as per law and provision of the constitution.

Tribal people of Manipur also have the right to enjoy the provision of the Sixth Schedule under the Indian Constitution as enjoyed by their counterpart tribal people of other North Eastern states. But the tribals of Manipur could not properly enjoy their rights and opportunity even after 1950. There is continuing denial of their rights.

Why denial of the rights of the Tribal people of the State for so long? Everyone should know that the Tribal people do not ask for the MOON, but what they have been demanding is their genuine rights. Tripura Tribal Autonomous District Council (TTADC) was constituted under sixth schedule in the year 1982 following the 49th Amendment of the Constitution.

Later on, sixth schedule also was extended to the State of Mizoram for the following ADCs : (1). Pawai (Lai) District Council, (2). Lakher District Council and (3). Chakma District Council. Many districts of Assam also have come under the provision of Sixth Schedule. What is wrong in extending Sixth Schedule to the ADCs in the Hill Districts of Manipur too?

Once the provision of Sixth Schedule is extended adequate fund for the development of Hill Districts will directly come from the Consolidated Fund of India then the exchequer of Manipur will be affected no more. I wonder why the Government of Manipur is so adamant to extend Sixth Schedule to the ADCs in the Hill Districts as if the Chief Minister, his Council of Ministers, Legislators and Bureaucrats are going to pay from their own pockets. Mind you all Sirs', the more you are delaying the extension of Sixth Schedule to the Hill Districts the more you are also denying equitable development to the Tribal people. The Hill Districts are far lagging behind the Valley Districts in every aspect of development.

The Cabinet of the Government of Manipur recommended it to the Central Government three times already i.e. on 13/05/1991, 17/08/1992 and 20/03/2001 respectively. However, the first and the last recommendations entailed a rider clause "subject to certain local adjustment and amendments". How can the provision of Sixth Schedule be amended for Manipur only? What is the logic behind this rider clause of the Cabinet decision? It sounds discriminatory and also communally biased too.

It is also a fact that the Tribal People have been rejecting the conduct of election to the ADCs in support of their demand for extension of Sixth Schedule for the last two decades. On the other hand, there have been regular election of Zilla Parishad, Gram Panchayat, etc. at the interval of every five year in the valley districts. Do they not deserve to get what is due to them after sacrificing for so long? There are reasonable grounds that the Tribal people have been protesting against the ADC 3rd Amendment Act 2008 as it is devoid of Legislative Power, Judiciary Power and also Financial Autonomy.

Added salt to the wound is that the Commissioner GAD, Government of Manipur in its notifications of Warrant of Protocol dated 6th February 2010 has put the Adhakshya & Up Adhakshya of Zilla Parishad in serial nos. 23 and 24, the Deputy Commissioner in serial No.31 while that of the Chairman of the District Council in the serial No.33 The status of the Chairman ADC in the hill is far below his counterpart Chairman of Zilla Parishad in the valley districts. Even the Deputy Commissioner of the district is placed higher above him. It is an insult to the Tribal people as a whole and their elected representatives and this objectionable Warrant of Protocol has a communal colouring and also shows the caste-biased policy of the Government of Manipur. Is it because the ADCs in the hills being a Tribal body/house?

In this manner, we have the apprehension that later on a Cabinet Minister belonging to a Tribal community may be placed under the MOS from the General community due to his tribal status. Should the Tribal leaders/elected representatives willingly accept this kind of humiliation because of desiring to save their chairs and positions? This caste-biased Warrant of Protocol should immediately be withdrawn by the Government of Manipur if it has regard for the Tribal people. In the event of failure to Withdraw/rectify this impugnable order then the Tribal people will not remain as silent spectators to this myopic Warrant of Protocol.

In the recently concluded election to the Bodoland Territorial Council with 40 members, Mr. Hangrama Mohiliary took oath as its Chief, while Mr. Kampha Borgoyary sworn in as Deputy Chief of the BTC along with 12 members of Executive Council. Their oath of office was administered by Assam Chief Secretary, Mr. N.K. Das on the 26th April 2010 at Kokrajhar. And the ADC NC Hills has also 12 Members of Executive Council/Committee whereas there are 7 Executive Members only including Chairman and Vice Chairman of the ADC in Manipur under the 3rd Amendment Act 2008. It should also be increased to 12 Members as in the case of NC Hills, Assam.

I had an opportunity to interact with some high ranking officials of the Autonomous District Council of NC Hills, recently. The ADC NC Hills was constituted under the provision of the Sixth Schedule of the Indian Constitution. Therefore, it has the workable provision of Autonomy with regard to Legislative Power, Judiciary Power and Financial Autonomy. Some of the important features of the Autonomy may be explained in matters as below:

a) Legislative power: It makes laws and rules as per the convenience of the people of the districts.
b) Judiciary power: It establishes district court which act as Appellate Court. Any case/dispute which cannot be settled in the district court may directly be appealed or transferred to the High Court.
c) Financial Autonomy: It prepares its own budget and collects revenue and taxes within the district. It has been enjoying Rs. 200 crores annually from the Consolidated Fund of India.
d) Education: It has been running from primary education to college level in the higher education under the ADC and hence recruitment including college lecturers is conducted and appointed by the Councils.
e) Executive Members: There are altogether 12 executive members including Chairman and Deputy Chairman.
(i) Chairman (Speaker)
(ii) Deputy Chairman (Deputy Speaker)
(iii) Chief Executive Member (CEM) who is called as Chairman in ADC Manipur and
(iv) Nine Executive Members
f) Bureaucrats: There is a post of Principal Secretary who is drawing pay and salary equivalent to an IAS Officer.
g) District Court: District Judges do have equal status with the District Judicial Magistrates in Manipur.

It is high time for extending provision of sixth schedule to the ADCs in the hill districts while the 73rd & 74th Amendment of the Indian Constitution are also extended to the Zilla Parishad, Gram Panchayat, etc. in the valley districts so that both the hills and the plain flourish side by side in the near future. We understand that there are also lakhs of underprivileged common people in the valley some of those villages do not have proper roads, electricity, healthcare, shelter, educational institution, etc. like the majority of the villages in the remote areas in the hill districts.

Why the 60 MLAs are not at all interested in decentralizing power in the larger interest of the rural poor both in the hills and the plain. Let us try to mitigate some of the tensions and confrontations in the prevailing situation of Manipur. Here, use of one's wisdom will be more effective than the tactic of bulldozing the Issues.

Therefore, it is my sincere appeal to both the Government of Manipur including the Chief Minister, His Council of Ministers, the 60 Legislators and the agitating Tribal organizations, public leaders to have a dialogue in order to sort out the differences and to bring meaningful solution to the problem in the larger interest of the aggrieved tribal people in the hill districts.