THE recent ruling by the Meghalaya High Court stripping the Rangbah Shnong of certain duties they were performing, such as issuance of permanent residential certificates or certifying that a person residing in a particular locality under a Dorbar Shnong is a bankable entity. These duties have not been legally prescribed in that the Indian Constitution is silent about them. The Autonomous District Councils too have not codified the customary practices of the three tribes – the Khasi, Jaintia and Garo, thereby leaving a vacuum that lends itself to different interpretations and misinterpretations. The contention of the Court is that the Dorbar Shnong is a socio- cultural organisation looking after the welfare of the tribal community and as such cannot step into the legal domain of issuing certificates to non-tribal residents within the Dorbar since those residents do not fall under the purview of a purely tribal institution. The Judgement has caused some amount of consternation among the power holders (Rangbah Shnong) who fear that the court has overstepped its jurisdiction by interfering in a matter that relates to customs and traditions. This is where a public debate is called for. The Dorbar Shnong is not a traditional institution in the true sense of the term. Tradition is defined by an age-old practice which in the case of the Khasi people resides with the Dorbar Raid, which in turn draws its strength from the Dorbar Kur or the clan dorbar. The Dorbar Shnong headed by a Rangbah Shnong is a post British construct. Over the years every Dorbar Shnong has crafted its own constitution. No two Dorbar Shnong have a similar constitution. The institution of Dorbar Dong , a sub-unit of the Dorbar Shnong came in after Meghalaya attained statehood and for purposes of better village governance since the size of most localities today is far too large for one person (the Rangbah Shnong) to be looking after single-handedly.
Therefore to argue that the Dorbar Shnong is a traditional institution is far-fetched. It is a different matter that the tribal residents of a village/locality find it easier to approach the Dorbar Shnong for their needs such as maintenance of public order or resolving boundary disputes and in recent times for civic responsibilities as well, since the Dorbar Shnong is engaged in garbage collection and disposal, construction of drains, roads and footpaths vide the MLA scheme and providing potable drinking water to the residents. In a sense therefore, the Dorbar Shnong renders commendable public service on an honorary basis. The problem perhaps arises when it encroaches into domains of a personal and private nature such as sale and purchase of land and property and demands a cut out of such transactions. This borders on commerce and the Dorbar Shnong is a social organisation put together by a willing populace. It is not a politico-legal institution. And herein lies that rub! The Dorbar Shnong constantly exceeds its brief! It’s time we got some clarity on this issue!
