ATSUM petitions Guv on absolute implementation of Art 371-C
Source: Chronicle News Service / Newmai News Network

Imphal, July 19 2021: While reiterating the demand for effective functioning and absolute implementation of the provisions of Article 371C of the Constitution of India and its subsequent order 'The Manipur Legislative Assembly (Hill Areas Committee) of June 20, 1972 issued by the then President of India Dr VV Giri, All Tribal Students' Union Manipur (ATSUM) has apprised the Governor of Manipur to do the needful.

In a memorandum submitted to the Governor on Monday, ATSUM accused Manipur government of trying to distort the customary land use policy of hill areas of Manipur.

While reminding the Governor that Manipur is a multi-ethnic state sharply divided into hills and the valley, ATSUM contended that hills and valley were administered separately even before the colonial period and the hill people had their own polity with well-regulated land ownership and judicial system and other social institutions based on customary laws.

While the king of Manipur claims ownership of lands in valley and land revenues were collected upon, the lands in hill areas were regulated by traditional practices and customary laws of the tribal people, it added.

According to ATSUM, administration of the entire hill areas was under the responsibility of the president of Manipur State Durbar who was a British ICS officer after the conquest of Manipur by the British.

The British introduced the system of Indirect Rule and this 'colonial indirect rule' system formally recognised the institution of chieftainship and village authorities/councils and the chiefs/headmen of the villages were given responsibility for the administration of the villages.

After independence, the separate administration of hills was still recognised and hill people were administered through the Manipur Hill People's Regulation, 1947 which was a well formulated local government system for the hill areas.

Under this regulation, lands in the hill areas were separately regulated, the memorandum said.

When Manipur was granted Union Territory status, a special provision for the hill areas of Manipur was guaranteed wherein the Standing Committee of the Legislative Assembly of the Manipur Union Territory was constituted consisting of all the members of the Legislative Assembly who for the time being represented the constituencies situated in the hill areas.

Matters relating to the allotment, occupation or use, or setting apart of land and forest (other than reserved forest) in hill areas were within the purview of the Standing Committee.

With the Manipur Union Territory becoming State under North Eastern State Reorganisation Act, 1971 and introduction of Article 371C in the constitution of India, the Hill Areas Committee in the Manipur Legislative Assembly to monitor the law making and administration of hill areas was constituted through the Manipur Legislative Assembly (Hill Areas Committee) order, 1972 promulgated by Dr VV Giri, the then President of India.

The HAC was empowered to look into affairs of matter relating to allotment, occupation, or use, or setting apart of land in hill areas.

No legislation or executive action affecting the Hill Areas with respect to any schedule matters including land can be enacted or formulated without the consent of HAC.

Thus, customary land holding practices continues to regulate in the hill areas till today under the protection of Article 371C.However, successive governments of Manipur state has been persistently trying to dilute the traditional land holding system of the hill areas by extending Manipur Land Revenue and Land Reforms Act, 1960 in the hills, the memorandum said adding that Office Memorandum No.16/16/2019-R(SALE DEED) of July 7, 2021 pertaining to registration of transaction (sale and purchase) of land among permanent residents of the state will infringe on the customary land holding system of the hill areas, if extended.

The office memorandum issued by the revenue department is unconstitutional and does not have merit for extension in the hill areas of Manipur as the allotment, occupation, or use, or the setting apart of land (other than any land which is reserved forest) for the purpose of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interest of the inhabitants of any village or town situated within the Hill Areas is within the purview of Hill Areas Committee and Autonomous District Councils.

As such, a mere Office Memorandum of Revenue department cannot overrule constitutional provision, it said and urged the Governor to promptly intervene into the matter and ensure that the rule of law as enshrined in Article 371C of Indian Constitution is honoured and effectively implemented by invalidating the extension of the Office Memorandum No 16/16/2019-R (SALE DEED) issued by the Secretariat: Revenue Department, Government of Manipur in the hill areas.

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