Movement laments court’s judgement against headman
SHILLONG: The Movement for Indigenous Peoples’ Right and Livelihood (MIPRL) Meghalaya has alleged that the High Court of Meghalaya had undermined the role of the Jaintia Hills Autonomous District Council while passing a judgement on a writ petition filed by Archi Siangshai of Wapung Skur, Lucky Dkhar of Mookhep, Dakahi Dkhar of Mookhep, Wanlang Dkhar of Lumshoh Ksih, Rita Dkhar of Mookhep, Bailang Siangshai of Lumshoh Ksih, Ripaya Siangshai of Mookhep and Sida Siangshai of Mookhep against the State of Meghalaya.
MIPRL spokesman Erwin K. Syiem Sutnga said that the role of JHADC had been ignored since it was never made a party despite the fact the headman and village of Pamrakmai are directly controlled by the Council.
“Apart from this, the headman of Pamrakmai was not represented by any counsel. Contrary to the observations made in the ruling, in law, the office of the headman is equated as an officer of the District Council who is to carry on with administrative work as decided in the U Prellyshon Lyngdoh Nongrum vs. Executive Committee, District Council, United Khasi-Jaintia Hills, Shillong, AIR 1969 A&N. 139 ILR (1969) 21 Assam 370,” he said.
According to the MIPRL, the administration of the autonomous district under which villages and Elakas fall as empowered by Para 2 (4) of the Sixth Scheduled to the Constitution of India is under the Autonomous District Councils. By virtue of Para 3 (1)(e),(f),(g) of the Sixth Scheduled to the Constitution of India, the Autonomous District Councils are vested with powers to establish village or town committees or councils and their powers including Village or Town Police, Public Health and Sanitation and the appointment or succession of Chief or Headmen.
He also said that a headman is not a simplistic office of an elderly person of a locality whose duty is to look after only the locality concerns and can only raise the grievances of the people to the Government, District Administration or to the Police. “A headman is a traditional institution who along with the local Dorbar derives his powers from The United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959, both in Khasi and Jaintia Hills.
Stating that the institution of headman in a local Dorbar is a traditional institution which has lasted for hundreds of years, Sutnga said that it is the villages under the headman and the local Dorbar which form the territorial jurisdiction of the Syiems and Dallois as well as in the so called municipal areas of Shillong.
“The foundation of tribal societies of Meghalaya and in Shillong rests solidly on the institution of the headman and local Dorbar as well as the clan system of the Khasi Jaintia people,” he added.
The MIPRL also noted that the headman and the local Dorbars form the first line of defense against influx, cultural invasion and protection of identity of the Khasi- Jaintia people.
