By Morning Star Sumer
In the news report, “Govt alive to concerns over draft land acquisition bill ” (ST OCTOBER 29, 2011) a Cabinet Minister Prof RC. Laloo was reported to have said ” It is totally wrong to say that the Government is silent on this matter …” Such statements serve only to lull the unsuspecting public who are agitated over the lackadaisical attitude/work culture of the powers that be in Meghalaya over the Draft National Land Acquisition, Rehabilitation & Resettlement Act (LARRA)Bill, 2011. This statement flies in the face of the evidence that I have, that the government was far from being alive to the Bill. I have expressed my views in the articles published in newspapers which the Minister ought to have read before making such a statement. Did the DIPR officials bring the Minister up-to-date on the people’s views (vox populi )? Whose duty is it to nudge the Honourable Ministers whenever members of the public are agitated over an issue?
The Bill was placed in the public domain at the end of July 2011, but, verbal enquiry at the end of the first week of September elicited a reply from the Deputy Chief Minister, Rowell Lyngdoh, that the government knew nothing about it (Meghalaya Guardian September 7,2011). So much about the Government being alive to the Bill! The Minister also followed this with a statement, “If the Government was not concerned about the protection of the land of local indigenous people it would not have initiated the proposed Amendment of the Land Transfer Regulation Act 1971 which is aimed at providing better protection on land rights to the people of the state” I would counter this statement by asserting that the first and second amendments to this Act had so disfigured the principal Act that it has become the instrument to rob us of our land and drive us out of our own homeland to become refugees elsewhere! The government has admitted that another amendment passed by the Assembly on December 3,2010, is still awaiting the President’s assent. Now there is another Amendment Bill to the Act which is supposed to be in the process of consideration by a Sub-Committee of Ministers which was to be constituted by the Government since September 2011. Apparently the Sub-Committee has not yet been constituted. Perhaps the government has decided not to constitute it after all. A Government functioning transparently owes its citizens an explanation for not announcing the status of the proposed intention to constitute the same. This speaks volumes of the government’s stated ‘commitment’ “… to complete the whole exercise at the earliest” ( Govt panel to discuss Land Transfer Act amendment : ST SEPT. 15, 2011). One may ask ” how soon or how late is ‘ earliest’ “. So much about the government’s commitment to do justice to the people of the state!
In another news report, “Central land bill won’t harm M’laya land system” (Mawphor Today November 2, 2011) the Chief Secretary, WMS Pariat was reported to have made a statement to the effect ” that the Bill will not have any negative impact in the State since the Meghalaya Transfer of Land (Regulation) Act, 1971, already exists for regulating transfer of land from a tribal to a non-tribal”. This is a misleading statement because it presupposes that the present Act is strong enough and has no flaws. Facts are different from what is presupposed. For one thing, the principal Act was almost flawless but two amendments incorporated after its enactment had changed and altered the whole Act to provide loop holes for alienating land to non-tribals. How else, could Lafarge, a French company, have purchased land in Nongtrai to be mortgaged to foreign banks in Bangladesh? Now the two amendments in the offing may yet compound the flaws in the Act. If the Act is such a sure fire protection from land alienation to non-tribals how come that “around 5300 acres in Umsohpai Village, Jirang in Ri-Bhoi District ” has been acquired by one Anish Ranjan, a non-tribal ? Does the Government’s spokesperson know this? He does not seem to know, and, he need not, because, he only mouths what his government wants him to! About this 5300 acres (21.5 sq.km) land the State Revenue Minister, Dr. RC Laloo, knows, because he says “It is illegal” (ST. Oct 27, 2011). Why was it illegal? If so, has the government done anything to either condone the transfer or take action against those who had wittingly or unwittingly defied the law?
For over a decade I have been shouting from the roof top for the government’s action to either enact Transfer of Land (Regulation) Act or repeal the existing one, precisely because the minor flaws in the principal Act had been compounded by the first two amendments. Now the two in the offing would, perhaps, make it worse! I do not know for sure because the provisions in the amendments have not been put in the public domain. The Meghalaya Government treats everything like a classified subject!
However it would still be worthwhile to suggest that a closer look be given while examining The Meghalaya Transfer of Land (Regulation) Act, 1971; especially the following (1) The statement of intent should be amended to read, ” An Act to regulate transfer of land in Meghalaya for the protection of the interests of the indigenous Scheduled Tribes therein”. (2) In Section 2: Definition. (a) The term “non-tribal” should be defined as a person who is not an ‘indigenous tribal’. (b) the term ‘tribal’ should be substituted by “indigenous tribal” meaning a person who belongs to the indigenous tribes of Garo and Khasi Pnar which include the Sub-Tribes Khasi, Pnar, War, Bhoi, Lyngngam. (3) Section 3: insert Sub-Section (3) Land may be transferred by means of instrument for lease hold under terms and condition agreed upon between land owners and lessee according to law. (a) Provided that no lease agreement shall be executed without the permission of the state government and provided further that the government shall make rules to make it the enforcement of the provisions of the Act effective (b) Provided further that nothing in such laws shall prevent the compulsory lease of any land, whether occupied or unoccupied, for public purposes by the Government of the State concerned in accordance with the law for the time being in force without interfering or undermining the democratic institutions and the traditional customs and usages of the indigenous Scheduled Tribes, nor to diminish their traditional rights and privileges.
In this short write-up/article it is not possible to touch all the necessary provisions of the Act. That will have to wait for another time when it will be more properly considered. However, it is the government’s responsibility to point out the flaws in our perception. We await their comments. The new Act should be enacted before the winter session of Lok Sabha this year.
(The writer is a scholar and social thinker)