Silent invasion of Manipur by Kuki-Zo tribes by side-lining the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967
- Part 1 -

Prof. K. Yugindro Singh *

I. About the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967:

1. “The Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 (Manipur Act No. 5 of 1967)” obtained the assent of the President of India on 14th June 1967 and it was published in the Manipur Gazette (Extraordinary) No. 61-E-50 dated 20 June 1967.

2. The Bill corresponding to the said Act viz., The Manipur Hill Areas (Acquisition of Chiefs’ Rights) Bill, 1967 (Bill No. 2 of 1967) was introduced to the Manipur Legislative Assembly on 7th September 1966 after obtaining recommendation from Shri Baleshwar Prasad, then Chief Commissioner, Manipur. The bill was passed on 10th January 1967 after taking approval from the Manipur Assembly Standing Committee and after hectic deliberation on the floor of the Assembly.

3. The Chief Commissioner reserved the passed Bill for consideration of the President of India as required under section 25 of the Government of Union Territories Act, 1963 and recommended the same on 28th February 1967 to the Secretary, Government of India, Ministry of Home Affairs for obtaining the assent of the President. After having consultation and clearance from the Planning Commission, the Ministry of Law and the Ministry of Food, Agriculture, Community Development and Cooperation (Department of Agriculture), Shri Vidya Charan Shukla, then Home Minister, Government of India recommended the Bill on 12th June 1967 to the President for his assent. The President assented to the Bill on 14th June 1967. Thereafter, on the next day i.e., 15th June 1967, the Ministry of Home affairs returned two authenticated copies of the Bill with the President’s assent signified thereon to the Chief Commissioner, Manipur. The Secretariat-Law Department, Government of Manipur notified the “The Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967” on 20th June 1967 and published the same in the Manipur Gazette (Extraordinary) No. 61-E-50 on the same day of 20th June 1967.

4. By a telegram dated 29th September 1967, the Ministry of Home Affairs intimated the Government of Manipur to send 10 copies of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 immediately and the Government of Manipur complied with the Ministry’s instructions by sending 10 copies of the said Act by post on 30th September 1967. The Ministry received those copies of the Act on 8th October 1967.

5. Following the resignation of the Speaker of the Manipur Legislative Assembly, President Rule (Animated Suspension) was imposed in Manipur during 25th October 1967 to 18th February 1968 (116 days). Immediately after PR was imposed, about 300 Kuki chiefs stage-managed a grand show of protest against the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 and the Government of Manipur seized all copies of the Act. Since then, no copies of the said Act were available in the administrative departments/sections of the Government of Manipur. Notably, T. Kipgen hailing from Kuki community was the Home Secretary of the Government of Manipur at that point of time.

6. The existence of the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 came into light very recently when the file containing the entire procedure from introduction of the corresponding Bill in the Manipur Legislative Assembly to publication of the Act in the Manipur Gazette was made available in the National Archive of India.

7. Manipur was upgraded from the status of Union Territory to a full-fledged State of India by the North-Eastern Areas (Reorganisation) Act, 1971 (Act No. 81 of 1971) with effect from 21st January 1972. In exercise of the powers conferred by section 79 of the North-Eastern Areas (Reorganisation) Act, 1971, the Government of Manipur made the Manipur (Adaptation of Laws) Order, 1972 and notified the same in the Manipur Gazette on 21st January 1972 for facilitating the application of several laws including the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 to the State of Manipur with effect from 21st January 1972.

8. As per sub-section 3 of section 1 of “The Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967”, the Act has been in force right from 20th June 1967 i.e., the date of notification of the Act in the Manipur Gazette. Further, in view the Manipur (Adaptation of Laws) Order, 1972, the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 remains in force still today.

II. Objectives of the said Act of 1967

The Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 has two main objectives viz., (i) Abolition of Hereditary Chieftainship, and (ii) Establishment of uniform land laws throughout the territory of Manipur.

1. Abolition of Hereditary Chieftainship

The Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 was enacted essentially to abolish the institution of hereditary Chieftainship where the chiefship of village is hereditary passing down from father to a son usually the youngest or the eldest. Other sons of the chief often venture out to set up their own villages each consisting of a minimum of 20 houses. A daughter has no right for inheritance. This Act of 1967 vest in the Government of Manipur all the rights, titles, and interests of hereditary chiefs in the village lands on payment of compensation. It does not affect other forms of village chiefships where the chiefs are elected or appointed by the villagers.

Hereditary chieftainship is prevalent among the Kuki-Zo tribes. The village system among the Kuki-Zo tribes is best described as a series of petty states, each under a Dictator or chief (Called Lal). A hereditary chief has supreme authority with executive, judicial and military power. He claims the absolute ownership of the village under his jurisdiction and the land including forests within the village. He is the commander-in-chief of the village army. In times of war, the chief is supposed to lead the army. The chief is the guardian of law, and his words are laws.

His power is absolute and his decision in any dispute is final. The chief is assisted by ‘Upas’ who are the elders of the village, appointed by him as advisors. However, he is not bound to abide by the advice of the Upas and has the last word in any matter. The decision of the Upas without consulting the chief cannot be taken as final. ‘Haosa’ is the office of the village chief. The chief is the Lord of the soil.

A chief can allot village land to outsiders, including foreigners, and make them settle in the village as long as they please him. Villagers have no freedom, and they live in the village at the pleasure of the chief. All villagers owe allegiance to the chief with respect and pay such taxes as imposed by the chief. The chief can appoint and dismiss or expel anyone in the village. The villagers do not have the right to oppose their chief individually as well as collectively.

The Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 will not affect the Nagas and Old Kuki tribes (viz. Kom, Chiru, Koireng, Lamgang, Anal, Chothe, Purum, Aimol) as their Chieftainship is not hereditary unlike that of the Kuki-Zo tribes. The Naga Chiefs and the Old Kuki chiefs are elected by the villagers, and they do not claim ownership of the village and forest. Their role is mainly limited to ceremonial and religious activities. They do not have supreme authority and power like the hereditary chieftains. The advice of the village elders and the council binds them.

The institution of hereditary chieftainship is anti-ethical to the practice of democracy. There is sufficient room for a Kuki-Zo chief to become tyrannical. The institution of hereditary chieftainship was abolished in the Chin Hills of Burma (Myanmar) in February 1948. In Mizoram, the system of hereditary Chieftainship was abolished by the Assam-Lushai District (Acquisition of Chiefs’ Rights) Act, 1954. In Tripura, the Panchayat System has replaced the institution of Kuki Chieftainship, which functions under the Tripura Tribal Areas Autonomous District Council.

Although Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 was notified and published on 20th June 1967, it has not been in force yet due to objections from the frantic lobby of the politically powerful Kuki-Zo chiefs. Due to non-enforcement of the said Act of 1967, the institution of hereditary chieftainship still survives and is currently in practice among the Kuki-Zo tribes inhabited in Manipur. Presently, Manipur is the only State in the Northeast where the hereditary Chieftainship exists.

To be continued...

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