TYCM airs grievances to the President of India
Source: The Sangai Express
Imphal, September 05 2015 :
The Tribal Youth Council Manipur (TYCM) has highlighted a number of grievances to the President of India such as inadequate devolution of powers to the ADC and lapses in the Manipur Land Revenue and Land Reforms (MLR&LR) Act 1960.In a lengthy memorandum addressed to the President, TYCM said that the powers for proper functioning of Autonomous District Councils (ADCs) were never devolved to them till date and no separate budget was allocated in respect of ADCs.
As such, the provisions of Article 23 of the Constitution could not be carried on since the inception of the Manipur (Hill Areas) Autonomous District Council Act 1971 which was amended in 2008 .
The MLR&LR Act 1960 was not extended in the hill areas of Manipur but a proviso was inserted on May 24, 1976 which reads, "It extends to the whole State of Manipur except the hill areas thereof (provided that the State Government may, by notification in the official gazette, extend the whole or any part or any section of this Act to any of the hill areas of Manipur also as may be specified in such notification) .
This provision was inserted without taking the confidence of the Hill Areas Committee (HAC) which amount to destroying the powers and functions of Article 371C and its subsequent order dated June 20, 1972, issued by the then President of India VV Giri.
Whereas the HAC has miserably failed to discharge its sovereign duty to protect the Constitutional provisions guaranteed in favour of the hill people of Manipur, rights and ownership over land and forests of indigenous tribals were taken away by the State Government without following the procedure of law and/or without referring the matter to the HAC.
TYCM cited the cases of Mapithel Dam, Khuga Dam, Chakpi Multipurpose Project etc.
So many hill villages including Phainom, Soraland, Tangkhul Khullen, Somrei etc which fall under hill areas listed in the First Schedule of the Manipur Legislative Assembly (Hill Areas Commi- ttee) Order, 1972 and covered by ADCs were forcibly included in the election of Lou- rembam Gram Panchayat of Thoubal district.
The HAC in its meeting held on August 26, 2012 had unanimously resolved that there shall be no local body election in the hill areas other than ADC and Village Authority elections.
However, this resolution of the HAC was not complied with by the State Government.
Hence the HAC constituted under Article 371C becomes totally defeated and as good as non-functional, it asserted.
It has been established that the provisions of Article 371C, 164, 23, 243H, 243X, Part IX (Panchayat) including 243G could not be carried on since the inception of the Constitution of India.
"As such, in order to carry out the mandatory provisions aforesaid, by now, it is matured to attract the provisions of Clause (a) (b) and (c) of Article 356 so as to fulfil the intention and spirit of the Preamble of the Constitution of India, read with Article 371C to meet end of justice", TYCM concluded.
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