Ambiguity on rights

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The Sixth Schedule of the Constitution was enacted with the objective of “protecting” minority tribes residing within an area populated by a dominant non-tribal community. The Khasi-Jaintia and Garo tribes were a minority when the State of Meghalaya was a part of Assam. The moment the three tribes and other minor tribes in their geographical area were granted statehood they became a majority while the non-tribals already resident in that newly created State called Meghalaya became minorities. Since the tribals in this country constitute only about 8.6% of the population they are considered the dominant category even though in a State like Meghalaya, non-tribals today constitute only 13 % of the total population. The protectionist policy for tribals overrides the fact that non-tribals too need some concessions when they live in a State where they are a minority. Hence the very concept of minority in this country is problematic. A section of non-tribals have been part of this State before its birth. Surely these permanent residents cannot be clubbed together with others who have entered the State after 1972 or even recently. Unfortunately such statistics evade us. Hence even someone who has been given the license to start a business 30 years ago continues to be harassed even today. In the normal circumstances, anyone who has done business in Meghalaya State, perhaps even before its birth ought to be given a different status than a new resident. The non-tribal should not be made to feel a perpetual alien, more so because he/she has no other place to call home.

In a country as diverse as India it is futile if not dangerous to think of exclusive societies. It would only polarise ethnic and religious groups. Such polarisations happen because of a sense of insecurity. The notion that there is safety in numbers becomes a dangerous rationale. At the time of the struggle for a separate state the non-tribals too invested in this exercise. How is it that today this is conveniently forgotten? When Constitutionally created institutions like the Sixth Schedule are used like a double-edged sword to wound those who don’t fit the image constructed by the present dispensation in the District Councils then it won’t be long before the Sixth Schedule itself is challenged in the court of law. The counter argument could be that the trade licenses of permanent non-tribal residents doing business in Meghalaya should get automatic renewal because they have no other place to do business in and because they too have a right to claim Meghalaya as their home, having been born and nurtured here. Petty notions of exclusivity as propounded by the present ruling conglomerate in the Khasi Hills District Council has dangerous portends.

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