By Our Reporter
Shillong: After 65 years of struggle, the traditional rulers of the State can finally breathe a sigh of relief after the National Commission for Scheduled Tribes (NCST) asked the Union Ministry of Tribal Affairs to make provisions to protect their rights.
The Khasi rulers entered into the Instrument of Accession and annexed agreement with the Centre in 1947 seeking protection of their rights and now after 65 years, the NCST has forwarded the report to the Ministry of Tribal Affairs to take appropriate action on this matter.
The decision to forward this matter to the Tribal Affairs ministry came after the spokesperson of Traditional Chiefs and Headmen in Meghalaya, John Kharshiing, apprised the Commission of the constitutional anomalies.
Narrating the historical background of the provision, Kharshiing said in 1947, over 25 traditional chiefs of the State under the Federation of Khasi states signed the instrument of accession (IOA) and annexed agreement with the Centre on condition that special provisions to safeguard these institutions will be incorporated in the Indian Constitution.
The constitutional anomaly that exists following the non-fulfilment of the national commitment has resulted in many difficulties among the Khasi states they subsequently came in conflict with laws enacted by Parliament. “This has affected the rights of the scheduled tribes especially in relation to customary rights, land, forest, water, revenue, and mineral rights,” Kharshiing said adding that the executive, legislative and judicial rights of the traditional rulers were mostly affected.
Recently, Kharshiing met Chairman of the National Commission for Scheduled Tribes Rameshwar Oraon in his official chamber in New Delhi, to enquire on the status of the memorandum submitted by the Grand Council of Chiefs on March 10, 2010 regarding the rights of the Khasi states.
During the meeting, the Khasi leader apprised Oraon of the treaty being made stating that as per the treaty, the Khasi states had set up a Khasi States Constitution known as Dorbar comprising more than 100 members during 1948-1949, and elected its first members after a poll.
“However when the constitution came into effect, the treaty of the Federation of 25 Khasi States did not find place in the Constitution of India, which is the cause for the present constitutional and legal conflicts that exist in Meghalaya,” Kharshiing said.
Unlike the Instrument of Accession of Kashmir which found place in Article 370, the Federation of Khasi States were denied their treaty rights to have representation in Parliament, Assembly and even in the district council.
Kharshiing also stated that a copy of the memorandums has been submitted to many former presidents and prime ministers and the traditional heads of Meghalaya had also on several occasions approached a number of former Meghalaya chief ministers and members of parliament from the state, who gave many assurances but nothing much was done till date.
According to Kharshiing, the NCST has also admitted that there is a serious constitutional anomaly and Oraon has stated that the unique Khasi political institutions must be preserved.
“On one hand there is a conditional treaty while on the other nothing has been mentioned in the Constitution of India on the Instrument of Accession and annexed agreement as done for the state of Kashmir under Article 370,” Kharshiing quoted from Oraon’s statement.