SHILLONG: Meghalaya Governor KK Paul had given his nod to the Garo Customary Law Bill, which was aimed at giving recognition to any person born of a non-Garo mother and a Garo father as a Garo and process was initiated in May this year by the State Government.
This has come to light from the letter written by EM Lyngdoh, Under Secretary, District Council Affairs , to the Secretary, GHADC regarding publication of the Bill in the Meghalaya Gazette.
Lyngdoh in her letter dated May 28 wrote “The Garo Hills Autonomous District (Codification of Customary Laws ) Bill,2009 has received the prior approval of the Governor of Meghalaya for the introduction of the same in the next session of the Garo Hills Autonomous District Council (GHADC).”
Lyngdoh in her letter to the GHADC secretary had also said that the Bill was slightly corrected by the Law Department.
The the pressure groups and the Opposition on July 23 protested and stalled the move of the Congress-led EC in GHADC to include certain points in the Bill which aims at recognizing any person born of a non-Garo mother and a Garo father as a Garo.
In the same way, a person born of a Garo mother and a non-Garo father would also be recognized as a Garo as per the Bill The move had evoked criticism from several quarters in Garo Hills as they had alleged that it was aimed at helping the Chief Minister and his brother, who are facing a case related to their scheduled tribe (ST) status which is still pending in Supreme Court.
Tennydard Marak, who is pursuing the tribal status issue of Chief Minister, said in statement issued on Monday that the Bill tabled on July 23 was nothing but an attempt as well as simply a criminal conspiracy to pave the way to legalise thousands of non-tribals living in Meghalaya in the guise of Garos. According to Tennydard, Mukul Sangma, who himself supported his Garo Status had in his affidavit had stated that there are numerous instances in which the Garo men married non-Garo women and their children were brought up in the Garo family environment and their mode of living are as per Garo Custom and practice and all these were openly accepted by the Garo society for all intents and purposes.
“Therefore, tabling the much controversial Garo Customary Laws Bill is a deep rooted conspiracy of the Congress led Executive Committee in GHADC to provide the much required opportunity to the non-tribals to mingle with the age old traditions of the Garo Customary Law,” he said.
The Garo ST status case of Chief Minister has been challenged in the Supreme Court and the matter is sub judice, but while filing his affidavit before the State Level Scrutiny Committee on March 31, 2014 in support of his ST status, the Chief Minister had stated that his mode of living, conduct and way of life including those of all his brother and sisters and their children have always been as per Garo mode, conduct and way of life which includes eating habits such as Nakham and Khappa and those meat consumed by the Garo and also speaking Garo dialect, Tennydard said.
Moreover, in para 9 of the affidavit dated March 31, 2014, the Chief Minister had also stated that the process of assimilation is a common practice in the Garo Community and for that purpose the practice of Deragata , Deba and Ma.Chana are very common prevailng practice amongst the Garos. But the process of assimilation is only for the Garos and under no circumstances, this process of assimilation will be applicable for the non- Garos, Tennydard said.
Referring to the loopholes in the Garo Hils Autonomous District (Codification of the Garo Customary Laws), Bill, Tennydard said that the most objectionable clauses are in para 3 of chapter I, No. 2, 3,4 and 5 respectively.
The No 2 highlights that a person born of a Garo mother and a non- Garo father is also recognised as a Garo/ A.chick provided that they follow Garo matrilineal system; kinship and other custom and traditions.
NO.3 says that the non-Garo father may be recognized as a Garo provided he adopts any sub-clan or ma.chong other than his wife’s ma.chong and fully identifies himself with the Garos and is accepted as such by adopting ma.chong.
As per No. 4, a person who is born of a non-Garo mother and a Garo father is recognized as a member of the Garo tribe provided he follows the Garo custom and traditions. And as per No. 5, the non-Garo mother may be recognized as a Garo if she adopts any Garo sub-clan or ma.chong other than her husband’s ma.chong and fully identifies herself with the people by adopting all their custom and traditions and is recognized as such by the adopting sub-clan or ma.chong.
“It is crystal clear that clauses are prepared in such a way and keeping in view the interest of the thousands of non- Garos living in Meghalaya, who could very easily acquire the status of Garo by simply embracing Garo customs and traditions as and when one feels like”, Tennydard alleged.
According to Tennydard, Garo Customs and traditions are not religion that can be embraced so easily by anybody and everybody as and when one feels like rather it is the tribe- its customs, traditions and practices , which are wholly, completely and hundred percent inherited by birth, by blood ties out of valid marriage according to Garo Customary Law and Practices
Tennydard further pointed out that he was shocked to learn as to how the Governor of Meghalaya can give his approval to a Bill which is hundred percent against public policy, well-being and the interest of the indigenous Garo people of Meghalaya.