Ostracism by Dorbar Shnong
SHILLONG: The High Court of Meghalaya has made an interesting observation on the issue of ostracism or excommunication of an individual or family by the Dorbar Shnong widely prevalent in the State.
While hearing a writ petition of Kondro K Ksanlah, a Single bench of Justice SR Sen, in November last year, observed that ‘Dorbar rules or laws are made for the people and people are not made for the Dorbar, rules or laws’.
On being ostracized from the village, Ksanlah had filed a petition before the High Court in March, 2012, questioning the decision of the Dorbar Shnong Shella under the leadership of its secretary Tobias Tiewdop and terming it as being against the rule of the Dorbar”The Dorbar has been constituted for the wellbeing of the people in general, therefore, it is the duty of the Dorbar to ensure the wellbeing of the people and to correct those who have committed wrong,” Justice Sen said.
Observing that the mere practice of barring someone as member of the Dorbar is not a solution, Justice Sen directed the Shella Dorbar Shnong to allow Ksanlah (petitioner) to take part in the Dorbar immediately.
Meanwhile, Justice Sen also directed the petitioner to maintain good behaviour with other members and to follow the rules and regulations of the Dorbar.
Earlier while issuing a stay order on the case, the Court mentioned that ostracism amounts to violation of Article 19 (e) and 21 of the Constitution of India.
Elated by this judgement, Ksanlah said that the decision to ostracize him was against the rule of the Shella Confederacy which has been in vogue since 1920.
“I had filed this petition not only for my own security but also for 69 other ostracized members of the Dorbar and the residents of Shella to protect them from the tyranny of such local leaders,” Ksanlah told reporters on Thursday, while revealing details of the Court’s judgement.
Ksanlah also thanked the members of the present Dorbar Shnong led by its acting secretary Brosterwell Ora and also the Dorbar Hima of Shella Confederacy for their support.
