Land Commission Essential for Improving Ethnic Relations and Development in Manipur
- Part 2 -

L B Singh *

Views of Meiteis.

(a) The Meiteis, Nagas and Old Kukis are the indigenous people of the State; and the ancestors of the Meiteis initially settled in the hill districts of Manipur. Therefore, the Meiteis should also have land rights in the hill districts of Manipur.

(b) Section 158 of the Act restricted the transfer of land from ST to non-ST. However, a large number of Nagas and Kukis continue to acquire land and settle in the valley.

(c) Some tribes pooled their resources and purchased unproductive paddy fields or other lands in the valley and established new tribal villages. People in the valley are facing extreme difficulties due to the scarcity of land; and are resorting to the construction of houses on the wetlands and paddy fields.

(d) Traditionally, the villagers from the valley used to collect firewood, grass reeds, thatched roof materials, mushrooms, eatable plant leaves, fruits, nuts etc. from the nearby hills. Special facilities are given to the STs to bring up their socio-economic standard to the same level, but it does not give them the right to deprive the means of existence of the other communities.

(e) The claim for exclusive rights to 90% of the geographical area of the State with less than 40% of the population without any concern of the requirement of other communities is not justified. In addition Meiteis also fulfilled all the criteria for inclusion in the list of ST.

(f) The tribal villages in the valley preserve their culture, tradition and identity. Therefore, Meitei settlements in the hill districts will not affect the culture and the identity of the tribes.

(g) The New Kuki tribes were driven out of Burma (Myanmar) and came to Manipur after 1830 AD. The Maharajas of Manipur gave them shelter and provided land to them; and now they also claim Meiteis have no land rights in the hill districts.

New Land Use Policy (NLUP).

The destruction of the dense forest, environmental degradation, soil erosion; and the poverty and the hardship faced by the farmers engaged in Jhum cultivation prompted the Government of Mizoram to conceive the New Land Use Policy (NLUP) in 1984.

In Manipur, soil erosion mainly due to shifting cultivation caused an estimated soil loss of 50 lakh cubic meters per annum and the area under dense forest reduced from 1.37 million hectares in 1975 to 0.65 million hectares in 2002-03 due to various activities. The Government of Manipur promulgated the New Land Use Policy (NLUP) of Manipur 2014 with the objective of inclusive development through effective land resource development and livelihood of the people.

It was strongly opposed by the United Naga Council (UNC) and stated that "The tribal population in Mizoram is 100% and so the legal implications of the policy are universal. In Manipur, tribal constitute 41% of the population but own 90% of the land. Hence, the policy will dilute their land rights" [6] . The Kuki Inpi also expressed that by bringing in this policy the Government is harping on forced acquisition of land using carrot and sticks policy and claimed that these policies were all in contravention with their cultural and traditional set up.

It is cleared from the statement of the UNC that the tribals are against the policy of the State Government mainly because of their desire to keep 90% of the land area of the State. An impartial, independent Land Commission can examine implication of NLUP to the tribals of Manipur and any delay in constituting the commission would adversely affect the development activities and the environment.

Autonomous District Council (ADC) and Inclusion in the Sixth Schedule.

The Manipur (Hill Areas) District Council Act was passed by the Parliament in 1971; and amended by the State in 2000, 2006 and 2008. The ADCs of Manipur don't have the legislative and judicial powers like the councils under the Sixth Schedule. The ADCs are not authorized to raise resources on its own. No separate budget has been allotted to the ADC and completely dependent on the State Government for their survival.

The Hill Area Committee (HAC) of Manipur passed a resolution in 1974 recommending the replacement of the District Council by the Sixth Schedule and re-affirmed its resolution in 1983, 1990 and 2002. The State cabinet recommended to the Central Government in 1991, 1992 and 2001. The Government of India (GoI) has notified the Manipur State Government to furnish details of the "local adjustments" and "amendments" required for inclusion in the Sixth Schedule.

Local adjustments and amendments are essential for the survival and the preservation of cultural identities all the ethnic groups in Manipur; and it would be impossible if 90% of the geographical areas of the State are placed under the administrative control of the Sixth Schedule without any local adjustments.

It would be naïve to expect that the tribals would accept any "local adjustments" and "amendments" recommended by the State Government in view of the claim for the entire hill districts. In order to resolve highly intricate, important and urgent issue, it would be prudent for an impartial Land Commission to examine the "local adjustments" and "amendments" for inclusion in the Sixth Schedule.

Inclusion of Meitei/Meetei in the ST List.

Though most of the Meitei converted to Hinduism about 300 years back, every house of the Meiteis still has a Sanamahi in the South West corner for worshipping Lainingthou. Every Meitei including the Hindus still preserve their age old Animism rituals like Thou Touba, Umang Lai, Lamkonba Lai, Sageigi Apokpa, Lai Harouba etc.

Meitei is the only indigenous people in the North East India not included in the list of ST. It was ST according to the census records of 1881, 1901 and 1931. However, from the Gazette of 1951 onwards, the Metei has been removed from the ST list without the approval of the Minister of Tribal Affairs, GoI [7].

The inclusion of a community as ST is an ongoing process and the essential characteristics, laid down by the Lokur Committee to be identified as ST are indications of primitive traits; distinctive culture; shyness of contact with the community at large; geographical isolation and backwardness [8].

The extension of Inner Line Permit (ILP) in December 2019 for the protection of cultural identities and socio-economic conditions of the people of Manipur has raised the hope for the inclusion of Meiteis and Panghals in the list of ST. However, some tribal organizations and student bodies oppose the demand.

Even after the inclusion of the Meiteis and the Paghals in the list of ST, it would be difficult for them to get land in the villages of hill districts as the customary law prohibited the tribal from selling land to people of the other villages. Therefore, it would be in the interest of peace and prosperity of all the ethnic communities to arrive at a consensus and constitute an independent Land Commission to examine the legitimate land rights of the all the ethnic groups.

Land Record.

In the absence of a clear land ownership rights, there are no credit facilities available to the potential entrepreneurs. There are hardly any viable gainful economic activities among the tribal population. Improved agricultural productivity is not possible because the majority of the tribal population still sticks to the economically unsound shifting cultivation practice [9] .

The land record is essential for obtaining financial assistance from the banks for various economic activities like improving the agricultural methods, converting the Jhum plot to WRC or terrace farming, fishery, poultry farm, starting of small scale industries, business etc. However, the tribals are resisting the survey of the land in the hill districts because of the fear of alienation of land and are keen to keep 90% of the geographical area of Manipur by adopting various means.

Only an independent Land Commission, including experts from the Ministry of Tribal Affairs of the GoI can determine the legitimate land rights of the tribals and eliminate the fear of land alienation.

To Whom the Land Belong?

In the past, there was no proper land record in the hill areas of Manipur. For this reason we do not have accurate information on land use and ownership among the people. Though there have been some studies on the subject, so far there is no comprehensive account of the tribal land use and land ownership pattern of the state. As a result, there are divided opinions as who really own the land [10].

A large numbers of tribals do not acknowledge that the hill districts were under the Maharaja of Manipur. However, the fact is that the tribals are availing the facilities of the ST under the Constitution of India due to the merger agreement signed by Maharaja Budha Chandra. In 1905, the boundary papers of the tribal villages were issued by the Political Agent, J Shakespeare in the name of the Maharaja of Manipur which indicated that the land belonged to the State.

The normal procedure of setting up villages in the hill districts with the permission of the Maharaja or the British also confirmed that the land belonged to the State. The villages which were set up without any permission may not be aware of the procedure or didn't want to make any effort for it.

Since, the permission had been given by the State to set up the village, the villagers are now the owners of all the land occupied by the villages and the land under various methods of cultivation, including the forest. On the other hand, all the vacant lands not occupied by the villages and not the property of anyone should be the property of the State Government. However, the tribals claim that all the land belongs to them and there is no vacant or Khas land in the hill districts.

Therefore, it would be prudent for an independent Land Commission to examine in totality the State Government land; and the land occupied and required by the STs in the hill districts for sustaining traditional means of livelihood.

Allotment of Land to the Actual Tiller and the Model Village.

The Net Areas under cultivation in the valley and the hill districts in 2017-18 were 112,870 and 113,310 hectares respectively. However, the Gross Areas and the yield in the valley were more than that of the hill districts due to multiple cropping, soil conditions, better methods of cultivation etc. Therefore, homestead land, woodland and all the land under various types of cultivations including Jhum plots and a large part of the unclassified forest are mostly essential for sustaining traditional means of livelihood of the tribals.

If the State Government gives the special incentive of individual allotment of the land under cultivation to the actual tiller without charging the premium amount for the possession of vacant land as they have been in occupation for a number of generations; it would improve the quality of life of the tribals and they would be eligible for the bank loan for converting Jhum plot to WRC or terrace farming or other economic activities. Minimum land revenue should be charged as the Rampaos of Kabui Nagas and the Kuki Chiefs charge only one and five tins of paddy respectively, for one Jhum plot in a year; and the Jhum cultivation plot is free for the villagers in the case of Tangkhul Nagas.

Since the Nagas enjoy the right of inheritance, occupancy and individuals have land tenures; and the Kabui Nagas have the fixed tenants of Jhum plots, it would be possible to allot the land to the individual tiller except for the community land. The community land may be allotted as recommended by the Land Commission.

The Rampaos are carrying out the duties of the elder of the clan for the sake of prestige and respect but not for personal profit. Some of them may volunteer to give the ownership of the land to the Laopaos or fixed tenants for the welfare of their clan. The Kuki Chiefs protested against the Manipur Hill Areas (Acquisition of Chiefs's Right) Act 1967; however, a few of them may also volunteer to give the ownership of the land to their respective villagers, if the Government is prepared to allocate the land without the payment of the premium amount.

The Kuki Chiefs and the Rampaos may not be the legitimate owner of the land, but they have been facilitating the livelihood of the villagers for many years and therefore, are more than a mere custodian of the village or clan land. An independent Land Commission may decide the compensation amount and modes of payment to the Kuki Chiefs, Rampaos or intermediaries.

If any Naga village, Kuki Chief or Rampao volunteers for the above scheme, the village may be developed as a Model Village. The State Government should take all the necessary proactive measures for the success of the model village and improvement of quality of life of the villagers at any cost so as to inspire the other villages to emulate.

National Policy for Schedule Tribe (Draft).

The number of tribes included the list of ST increased from 550 in 1951 to 705 in 2011, and among them 75 tribes are identified as Particularly Vulnerable Tribal Group (PVTG). In Manipur 33 tribes are included in the list of STs and only Maram Naga is identified as PVTG. However, none of the STs in Manipur is included in the six primitive tribes of India.

The "Sentinelese" of the Sentinel Island in the Andaman and Nicobar Islands (A & N Is) is the only tribe in India living in total isolation in their own way. The other tribes in the A&N Is. like the Great Andamanese, Onge, Jarawa and Shompen live with limited contact with outsiders. However, the STs in Manipur have been exposed to the mission education for more than 100 years. Many of them have become doctors, engineers, IAS & IPS officers etc. and experts in various fields. They have settled not only in many parts of India, but also around the world.

The National Policy for Schedule Tribe (Draft) has come a long way from the isolation policy of the British towards the tribals and the Pandit Jawaharlal Nehru's "five principles". The policy seeks to bring Schedule Tribe into the mainstream of the society through a multi prong approach for their all round development without disturbing their distinct culture.

Gender equality and participation of the women is very important for the development of any society. It is time for the tribals of Manipur to critically examine the benefit for the continuation of the traditional system of administration based on the isolation policy of the British rule and consider working for the all round inclusive development to join the mainstream as envisaged in the National Policy for ST (draft).

Preservation of Cultural Identity.

Many writers commented that in Manipur, every small ethnic group wants to protect and preserve its identity at all cost. The Sikhs, Marathis, Bengalis, Tamils, Telegus etc. are settled all over India but all these communities have a state viz. Punjab, Maharashtra, West Bengal, Tamil Nadu, Andhra Pradesh etc. where their cultural identities are preserved. Similarly, every ethnic group, however small, wishes for a place where their respective unique cultural identities are preserved.

The Bengal, Eastern Frontier Regulation1873 or Inner Line Permit (ILP) system was extended to Manipur by the order of the President of India on 11 December 2019. It was a historic step for preserving the cultural identities of the people of the State and it was possible due to the sacrifice of many individuals.

It is an acknowledgement by the GoI that the cultural identities and socio-economic condition of the people of Manipur including Meiteis are required to be protected like the tribes of Nagaland, Mizoram, and Arunachal Pradesh. The MLR & LR Act 1960 may be reviewed by an independent Land Commission with an aim to facilitate preservation of the unique cultural identities of all the ethnic groups and tribes in Manipur.

Conclusion.

Considering the above factors, it is critically essential to constitute an independent Land Commission headed by a retired Supreme/High Court judge with experts in the various fields such as tribal land rights and lifestyle, various methods of cultivation, environment and forest, planning, members of all ethnic communities of Manipur etc.

The commission should examine the existing land holding systems of the various ethnic groups, the MLR & LR Act 1960 and various Amendments, laws related to the use of forest, the existing land problems, various methods of cultivations etc. and recommend measures for improving the livelihood, quality of life, relations between the various ethnic groups including the following:

(a) Amendment to the MLR & LR Act 1960 to fulfil the aspirations of all the ethnic groups; and to facilitate preservation of the unique culture of all the tribes and communities.

(b) The land area, including forest area required in the hill districts for the long term sustenance of livelihood and prosperity of the STs. The process of the survey of land, preparation of land record, allotment of land to the actual tiller, the land ceiling etc.

(c) The "local adjustments" and "amendments" required for inclusion in the Sixth Schedule, laws relating to the use of forest by all the ethnic groups, measures to be initiated for improvement in the methods of cultivation and timeline for the gradual phasing out of the Jhum cultivation. The modality for working out the compensation to be paid to the Chiefs, Rampaos, intermediary or any other person.

(d) The Government land in the hill districts occupied by the existing infrastructures, offices, hospitals, schools, various types of forest, wildlife sanctuary etc. and the land required for the future expansion of the above infrastructures.

(e) Vacant Government land available in the hill districts for allotment to the other non- STs indigenous people of the State for setting up residential areas, industries, commercial areas, cooperative farming, private educational institutes and health facilities, hospitality industry, tourism etc. Any other vacant land, including non-arable and barren areas in the hill districts which can be used by the non-ST indigenous people for the above facilities.

Once all the ethnic communities get the land as per their legitimate right, the relation between them would gradually improve and would promote peace and prosperity in the State. The tribals would have the individual land documents and eligible for bank loans; and get freedom from money lenders.

It would empower the STs to think without the fear of land alienation about accelerating development, gender equality, selecting the best form of self-governance at the village level, traditional or the modern democracy at the grass root level, the Sixth Schedule or the Panchayats (Extension to Scheduled Areas) Act 1996 or PESA etc. The development works in the hill districts can also be expedited, if the Government land is available in the hill districts.

References:

6. UNC slams Manipur's land use policy, TOI, Gauwahati News, 06 July 2014.
7. Meitei Demand for ST. Imphal Times 12 March 19, Pocking nose….by Sanjenbam Jugeshwar Singh https://www. imphaltimes.com.
8. P 27 Statistical Profile of ST in India 2013, Ministry of Tribal Affairs.
9. John S. Shilshi-2007, Poverty, Development and Conflict among the Manipur Tribals by https://www. Asthabharati.org.
10. Prof. Lal Dena -2014, To whom the land belong? Land autonomy in the hill areas of Manipur, https://www.virthli.in.


Concluded