Ngaranmi Shimray
New Delhi
Based on the facts of how identity problems in the northeastern region have been resolved with the creation of Nagaland state, Mizoram state, Bodoland TC, Tripura Sixth Schedule, the progress these states/tribes have made without subjugation, suppression, and exploitation by any dominant community within their respective states, the tribes of Manipur have been hoping for political settlement as an outcome of various peace talks to overcome their difficulties; the Nagas under some arrangement of shared sovereignty with the risk of ending up with just BTC (Bodoland Territorial Council) type of settlement for the peripheral Naga-inhabited areas neighbouring Nagaland and the Kukis a separate UT/State but likely ending up at best with a BTC type administration. However, it is not to be forgotten or to belittle what has been currently provided in the Constitution for Hill Areas of Manipur. This is the right of legislation given to the HAC (Hill Areas Committee) along with a system of legislation and administration for Hill Areas given by Article 371-C. This provides for a unique system where laws on Schedule Matters are to be made by the HAC in partnership with the State government for the administration of Hill Areas. No serious attempts have been made so far to implement this system of administration.
The failure to implement the unique system lies with the MLAs from Hill Areas who are unable to appreciate how the unique arrangement will work. All angles of possible obstructions and procedures to overcome them have already been laid down in the Presidential Order dated 20th June 1972. If hurdles are created, there is recourse for HAC and Hill Areas CSOs to seek remedial interventions from the Governor and the President of India. There will be no occasion where there is no law for the Hill Areas on the Scheduled Matters as it is guaranteed by the system of legislation laid down by Article 371-C, including the Presidential Order dated 20th June 1972. Regardless of obstructions and delaying tactics employed, the hill areas will ultimately have its own local laws on all subjects included in the Scheduled Matters. This will include empowerment of the ADCs with additional powers and functions, land laws, forest laws, laws on social customs, etc. The obstacle and opposition to the implementation of the unique system of legislation and administration for Hill Areas seem to lie in the minds of the MLAs from the Hill Areas. They do not seem to appreciate the powers and functions given by Article 371-C and its concomitant provisions for Hill Areas. Intellectuals and CSOs have a task to convince them that this system of legislation and administration for Hill Areas can work, but for it to work, they have to try.
The MLAs from Hill Areas have to free themselves from the grip of the CM. The choice of the Chairperson does not lie in the hands of the CM but in the hands of the 20 MLAs elected from the Hill Areas to select or elect a MLA from among themselves. The selection or nomination of the Chairperson of HAC is not a prerogative of the ruling party or the CM, but of the MLAs elected from the Hill Areas. If nomination by CM has been done nonchalantly in the past without much regard to the principle involved, it has to be rectified and new procedures laid down by HAC themselves since HAC is not a committee of the assembly, but a committee constituted by Article 371-C through Presidential Order dated 20th June 1972. If required, clarification on this matter can be sought from the President of India.
For the scheme of legislation and administration of Hill Areas to succeed, HAC needs a strong and tall leader to be the Chairperson, to be elected or selected among themselves, and stronger resolve among the MLAs to fight for the rights of the tribes in Hill Areas. The MLAs have to free themselves from the control of the CM on matters concerning HAC to enable them to work with relative freedom without undue influence from the State government. For the unique system of legislation and administration of Hill Areas to work smoothly, the MLAs need to fully understand the extent of the rights and functions of HAC so that they know when to exert pressure on the State government and when to seek interventions of the Governor and the President.
Under Article 371-C, any dissatisfaction can be sorted out with the state government of Manipur and the overarching roles of the Governor and President. If it is the BTC type of legislative and administrative system, demands for more power will have to be made with both the centre and the state government. Right now, the proposal for further empowerment of ADCs under the Sixth Schedule has been held up by the centre as they have backtracked after initial enthusiasm. It’s called the Constitution (One Hundred and Twenty-fifth Amendment) Bill, 2019. This Bill, which was introduced in the Rajya Sabha in February 2019, aims to confer more financial, executive, and administrative powers to the Autonomous Councils in the Sixth Schedule areas of Assam, Meghalaya, Tripura, and Mizoram. It has been pending ever since and was referred to the Department Related Standing Committee on Home Affairs for examination. However, such powers (when the 125th amendments of the Constitution are enacted) can be demanded and negotiated within the state of Manipur by a united tribal front.
The current population dynamics of Manipur should not be forgotten. The share of the population between the tribes and the non-tribal community is almost at parity and will not take long for the tribes to cross the halfway mark. The political equation will change, and the bargaining power will ultimately shift in favour of the tribes. More assembly seats for the hill areas are expected in the delimitation exercise slated for 2028/29, which will be based on the population census of 2027. The tribes need to stay within Manipur and fight for their rights.
Change strategy; confront the dominant community with a united front of tribes of Manipur. United under a single banner, the tribes of Manipur will have more clout. They need to sink their differences, forget the past, and move forward with perseverance and faith in their solidarity to get tribal rights due to them. With solidarity of purpose for a better future, the tribes will triumph in the end.
