Legalised and institutionalised discrimination of Meiteis in Manipur
- Part 2 -

Soubam Nongpoknganba Meitei *

Even if the size of population is factored in, as per 2011 census, Meitei constitutes only 44% of the total population that is same with the size of the population of the Scheduled Tribes and yet the concept of “dominance by Meitei” has been strongly institutionalized that both the Meitei and the Non-Meitei accept this concept.

The Meitei believes themselves to be the “dominant or major community” christening themselves as the “Big brother” and this concept albeit a wrong concept is so strongly impregnated into the minds of the Meitei that so many Meitei “intellectuals” speak against the inclusion of Meitei in the list of ST and the discrimination is allowed to be carried further.

This institutionalization of wrong societal construct backed by the existing legal regime has given rise to a social concept among the tribals that the “hill areas” are their ancestral land to be untouched by any “non-tribal” including the Meitei who are indigenous people of the land and the tribals are welcomed to snatch the Meitei’s land.

However the irony is that the definition of Hill in these laws are very much arbitrary. It does not have any basis whatsoever. It is the choice of the “governor” to allocate any land into “hill areas” whereas the concept should be rather geographical. Via such arbitrary allocation of land between “hill and non-hill areas” many area which are not hills have been included in the hill areas.

As for example of the total geographical area of 4,570 sq. km. of the district, about 5.57%, i.e. 255 sq. km. is the valley portion. Further there is Khuga valley. In addition it, small valley areas are seen around Behiang, Leizangphai and Tuilaphai.

Yet these valleys are defined as “hill areas”. Moreover we have Dzuko valley, Khoupum valley et al. As such the present legal regime has strengthened the division between the Meitei and the non-Meitei, whereas the purpose of law is to remove differences and divisions in the people.

The legal brutality against Meitei, these apart, is most significant in the curtailment of the right to contest in Lok Sabha election of the Meitei in eight Assembly Constituencies of Heirok, Wangjing Tentha, Khanga-bok, Wabagai, Kakching, Hiyanglam, Sugnu and Jiribam which are inhabited by Meitei.

Yet further, the Constitution (Scheduled Tribe) Order, 1950 recognizes a list of tribes and further recognises “any Kuki” or “any Naga” tribe as ST whereas many Kuki tribes are not indigenous to the State of Manipur but have come from Myanmar or from other States of India, whereas the concept of ST is State specific.

And the effect of this inclusion of “any Kuki” or “any Naga” tribe is that the moment they reach Manipur from Myanmar or for that matter from other States, they are given ST status in the State and they get all the privileges of being ST while the Meitei is sidelined from all benefits.

While so being situated the agreement between India and Myanmar on Land Border Crossing, namely the free movement regime or simply FMR has allowed the border of Manipur to be legally infringed. Under this regime. the two countries allowed citizens from both sides of the border to travel up to 16 km inside the other country without a visa.

This helps the Kuki and other tribals of Myanmar to cross the border and settle in the State of Manipur inflating the Kuki population of the State while at the same time enjoying all the benefits as ST in the State which is without an iota of doubt a heavy burden on the State as well as the country. At the same time such unimpeded influx of Kukis from Myanmar has led to establishment of new villages creating more problems to the State.

As a matter of fact, such heavy influx of Kukis from Myanmar is being cited as one of the main causes of the ongoing communal clash which according to me is the window for complete annihilation of the Meitei in their own home.

Though the Hon’ble Union Home Minister has announced the scrapping of this regime citing internal disturbances, how far the free movement at the border can be controlled is still to be seen as the border is porous and not properly fenced and defended.

The Central Government has announced fencing of the Indo Myanmar border but Mizoram and Nagaland are against it. On top of it, quite unfortunately the Assam Rifles has been put in place to guard the Indo Myanmar Border. But the Assam Rifles under the provisions of Assam Rifles Act, 2006 and Assam Rifles Rules 2010 has been made a multi tasking force.

A conjoint reading of the Preamble and S. 4 of the Act alongwith Para 8 of the Assam Rifles Rules, 2010 makes it abundantly clear that the force is multi tasking with responsibility to safeguard the security of borders of India and promote sense of security among the people living in border areas; prevent trans-border crimes, smuggling, unauthorised entry into or exit from the territory of India and any other illegal activity; provide security to sensitive installations, banks, persons of security risk; restore and preserve order in any area in the event of disturbance therein. To it may be added another responsibility viz., counter-insurgency if the other four task does not technically cover it.

Further under the principle of what is called as company deployment system, the Assam Rifles is placed not at the border but 16 km inside our territory which has also made the force an impotent one to guard the border. So it is literally impossible for this force to defend the border effectively as howsoever versatile a force may be, it cannot specialize in all fields.

Needless to say, defending border requires specific technic and knowledge and Assam Rifles obviously cannot be versed with such specific knowledge and technic as specialization requires specializing in one field and not in multiple fields leading to uninterrupted entry of foreigners into Manipur from across the border.

So to save Manipur, the first thing that can be done is to re-engineer the society through the instrumentality of law by first and foremost dismantling the present legal regime and put in its place a legal regime that is suitable for a composite society based on the principles of equality and not discrimination.

Easier said than done as the systemic legalized discrimination of the Meitei has been continuing for more than a century now and has well solidified and both the Meitei and non-Meitei has accepted it as an institution and quite worryingly the Scheduled tribals have kept on strengthening this institution through different pressure tactics on the governments and through different instrumentalities including intellectual writings.

Yet to stop recurrence of the present crisis and for the future of our children and to establish a really composite society, there has to be a beginning in stopping the legalized and institutionalized brutality against Meitei.

Concluded ....