By Morning Star Sumer
There are three terms of reference of the High Level Committee on influx of migrants into Meghalaya. One, is to review the situation of influx in the State and suggest a multi-pronged strategy to deal with the issue. Based upon the findings of my private research on the issue as and when it came to my knowledge through the media, I am of the opinion that the general/public perception of the situation, as of now, is explicit/unambiguous that influx of migrants is undeniably overwhelming and excruciatingly worrying, calling for the most urgent action to control and stop it altogether. It ought to be realized by all concerned that influx may be of different kinds – those that may be welcomed and others that may be undesirable. Influx of tourists and of needed labour of any kind may be welcomed but of permanent settlers never. The general perception now is that the influx of labour-starved migrants from other states is not an issue here because mechanisms to control their presence and movements already exist and only require sincere, honest action by lawfully empowered and committed officials to implement them both in letter and spirit. It is the issue of land-hungry migrants who come in various guises – business men, professionals and even thrifty menial workers who pinch and starve, crawl and whine – to save money to either buy land here or retire back home later on in life; after exploiting to the hilt all the resources currently available here for their own prosperity.
An exercise, therefore, is needed to devise a mechanism or use any existing one which aims at totally stopping rampant alienation of land to, and exploitation of the sources of wealth within the state by, non-indigenous citizens. It may be realized that none of the Articles 12-35 on Fundamental Rights in Part III of The Constitution of India confers the right to land ownership, anywhere in the Country, on non-indigenous citizens of a state. Therefore, the state need not hesitate in enacting a land law to prohibit land alienation to non-indigenous citizens in/of the state.
Two, to examine and outline the role of traditional institutions and through empowerment for dealing with the problem of influx. To my mind, close examination of the traditional institutions of the state would reveal that they are the best mechanisms of all, especially for controlling and stopping undesired influx of migrants. The traditional practice of barring outsiders (soh-shnong) entering, staying and living in a village where they are not indigenous is eminently suitable for this purpose. The mechanism is a simple one. The practice is to set up a vigilance body comprising of volunteers or persons elected in the durbars and empowered by the durbars to patrol the area under their respective jurisdiction to do what they are briefed to do for the security of the respective villages. In this process the volunteers are empowered to apprehend outsiders of any description who fail to satisfy the volunteers of their reasons for being in the respective villages. The apprehended persons would be brought before the headmen/nokmas/ laskars/ sordars/sirdars etc. who would dispose of the cases summarily by either dismissing them with suitable warning or handing them over to the police. No such persons would be allowed to even stay overnight after being dismissed with a warning. Similar practices it is believed are current in Garo Hills.
Though the practice seems to be dying out in many villages, it should be revived and strengthened by empowerment to provide each village, as a unit, with suitable facilities for easy access to police stations/outposts etc. and for financial support for the personnel employed in the process. At present the process of apprehending aliens in villages is becoming slack because of lack of these facilities. This laxity would, in the end, toll the death knell of life, as we know it, in the villages today and would encourage outsiders to overwhelm the backward indigenous population even to the extent of taking control of the administration that may eventually lead to insecurity and loss of our identity among the communities at large.
At present, the only apparent existing institutionalized mechanism to control and put an end to influx are, (a) the traditional institutions discussed above and (b), the ILP which was created by the Bengal Eastern Frontier Regulation V of 1873 enacted by our erstwhile imperial rulers and which is still applicable to our state as it has been adapted by the present Constitution of India and by various successive enactments of which the present government ought to be aware. There are many who would interpret the provisions of the Regulation of 1873 to suit their perception which may be out of context. I suggest that we interpret the provisions according to the wordings in the Regulations or Acts of government. In this instance the context is with reference to Section 7 of Regulation V of 1873 (Bengal Eastern Frontier Regulation, 1873). The interpretation should be in the context of this Section 7 which clearly states that non-indigenous persons should not enjoy the right of ownership of land and of dealing in the product of land within the state. Significantly the Regulations leave it wide open for the state to prescribe and alter any condition(s) that may have been initially prescribed. So, if the state government does not want to impose any previously prescribed condition it is at liberty not to impose it at any other time. The format of the ILP is left to the discretion of the state government who has only to notify the condition(s) to be enforced by the state’s officials. It is, therefore, not understandable how the ILP might put obstacles in the way of progress and development, as some among us have chosen to argue.
Any one who reads and understands the language in which the provisions of the Regulation is couched would not fail to see the fallacy in the arguments of those who would see obstacles where there is none because their interpretation of the provisions is out of context.
It is also wrong to read, in the expressed view of those of us who opt for immediate introduction of the ILP in the state, the unequivocal stance that ILP is “the only panacea, to the problem of influx…”, as it sounds to Mr. G.P. Wahlang, IAS(Retd.). It is emphasized that it is only the perception of most of us that something should be done now; and since ILP is the mechanism at hand it should be used at least to stem the tide. It had frequently been advocated by me that other mechanisms may be used to strengthen the ILP if any difficulty or need should arise. The traditional mechanism described herein is one such mechanism which needs no further legislation, to be used now. Many senior citizens have encouraged me to press for empowerment of this mechanism to be used in the implementation of any law/Regulation in the statute. It is suggested that this may now be seriously discussed/debated. Meanwhile, it is the expectation of most of us that, the powers that be would pursue the case with unrelenting fervor. It should also be clear to all of us that ILP would not be necessary if the traditional institutions can be relied upon to function effectively and efficiently: they can only do so if empowered. The government’s crucial role is in educating the heads of administration at all levels. This role has so far been neglected by the powers that be.
Three, to recommend a comprehensive institutionalized mechanism. From what is discussed above in the preceding paragraphs, it seems logical to offer the following recommendations:-
One, to empower the traditional institution of headmen/nokmas/sordars/sirdars/lyngdohs etc. as discussed above under term Two (ii) of the Terms of Reference of the Committee. The institutions are already there, they only need empowerment by NOs/AOs. The important factors in empowerment are provisions of financial assistance for volunteers and other items necessary for them to function efficiently. The heads of administration from the level of village to that of Hima should be educated and required to maintain Registers for (1) Cash Receipts and Disbursements (2) Minutes Book (3) Birth and Death Register and etc. There should be regular periodic inspection of villages by officials of various departments of government to ensure that the instructions are properly understood and carried out. The aim should be to gradually update the administration at every level to conform to some of the requirements of the provisions of Part IX (The Panchayats) and Part IXA (The Municipalities) of The Constitution of India. This can be done throughout the state including Garo Hills District. This should meet with the approval of our present CM who had already voiced his view to the press on the feasibility of the use of the mechanism of traditional institutions instead of the ILP to control/stop influx of migrants into the state.
Two apply the provisions of The Bengal Eastern Frontier Regulation, 1873, by introducing the ILP in the state. Since the government feels that Garo Hills District is now not within the ambit of the Regulation of 1873, it may be brought in later only by intervention of the Central government which may extend the ambit of the ILP to Garo Hills also through suitable instruments for the purpose. Meanwhile the first recommendation (a) above may be used in Garo Hills.
Three apply both the above recommendations so that they supplement each other.