By Albert Thyrniang
The Meghalaya High Court judgment has put the Rangbah Shnong on the spot and in the spot light. Certain powers of the indigenous village/locality heads which were taken for granted as part of custom and tradition have now been questioned and curtailed. The most visible and specific aspect of the ruling is with regard to the issuance of NOC by headmen. The Honourable High Court has bluntly ruled that this is not a tradition.
The landmark judgment came as a rude shock to the Rangbah Shnong and the Khasi Hills Autonomous District Council (KHADC). This was construed by the CEM, KHADC as a conspiracy against the indigenous people. The KHADC chief, Adelbert Nongrum even alleged that the judge had a ‘hidden agenda’ while delivering the judgment. This is questioning the integrity and credibility of the judge. The CEM was not going to get away with it. He was hauled up for contempt of court. But what is appalling is that while appearing in court, half apologetic, the CEM stated that his emotion led him to utter unfounded accusations against the judge. He created a drama and drew maximum mileage from the legal issue. Hence the judge did not accept his apology and court contempt procedures against the CEM will continue.
The judgment has placed the institution of the Rangbah Shnong in particular and the Khasi society in general at the crossroads. There is a sort of confusion prevailing at this moment in the minds of the people. At this crucial juncture what we need are thinking, mature and statesmen-like leaders, not emotional amateurs. Antics and drama will not move the society forward. As expressed by writers in this column, the judgment presents a golden opportunity to set our house in order and choose which way to take from the crossroad. Or else we will linger on at the junction.
The best way to get rid of the confusion road is to define the role of the traditional institution through legislation. The State Government or the KHADC or both should now frame a bill in sync with the Constitution of India and define the role of the Dorbar Shnong and the powers and functions of the Rangbah Shnong in black and white. We cannot not fall back on customs and traditions for eternity. What was not part of tradition is claimed to be so. It is now an established fact that the issuance of NOC by headmen was not a tradition from our past. The practice emerged only quite recently. It was not there even when the judge in question was a young man in the Scotland of the East.
The KHADC must take the blame for present state of affairs. It has done precious little to strengthen the Dorbar Shnong and other indigenous institutions. There are no tangible achievements with regards to powers granted by the 6th Schedule to the KHADC and other the other two ADCs. Key bills are gathering dust in the state government department. There is no point in getting emotional Mr CEM. Get your act together. Reform the Dorbar Shnong rather than wilfully, for political gain and popularity, inviting contempt of the court.
One aspect of the reform is to make the office of the Rangbah Shnong and his office bearers subject to adult franchise instead of the usual voice vote. As selected office bearers they are responsible to no one. When this point was mentioned to friends, some ‘protestingly’ pointed out that such a move would turn the office of the Rangbah Shnong and Dorbar Shnong political. To them I say that the Rangbah Shnong and the Dorbar Shnong are no longer apolitical. They have become political quite a while ago. Many Rangbah Shnong and their Dorbar support one candidate or another during elections. I have even seen Rangbah Shnong sharing the dais with candidates and accompanying them on electioneering trails. There have been instances of Dorbar passing resolutions and dictating to voters within their jurisdiction to vote for a particular candidate. This happens very often in Jaintia Hills and those who defy such diktat pay a price. They are harassed and sometimes socially ostracised for not falling in line.
If a Bill is drafted to define the role and function of the Rangbah Shnong and Dorbar Shnong that act itself will be political. The GHADC attempted to codify Garo customary laws and ended up drafting a bill favouring the most powerful political person in the state whose tribal identity is now being decided by a court of law. So let the Rangbah Shnong and the Dorbar be elected bodies in line with the Panchayats in the rest of the country. Rather than leaving this institution in ambiguity let it become officially political. Tradition is not static. Nothing is. Customs, tradition, usages have to evolve with time if they have to survive. “You cannot even jump in the same river twice” insisted the pre-Socrates Greek philosopher, Heraclitus of Ephesus, wisely.
The Honourable High Court ruling has led to a sort of Rangbah Shnong bashing. All of them have been tarred with the same brush. In the social media posters recall acts of wrongful omission and commission by different Rangbah Shnong. Someone lost a job because the Rangbah Shnong refused to issue a residential certificate without receiving a big sum. Another one complained that a drain was constructed through his land because the village headman forged the signature of the landowner. While condemning the actions of such corrupt ‘officials’, it is also a fact that there are sincere, honest and well-meaning Rangbah Shnong as well.
The Rangbah Shnong did not take upon themselves the task of issuing NOCs or other certificates. The power was vested on them. Banks, the police, educational institutions, the state government and even central government agencies and departments, all insist on documents from the Rangbah Shnong. Hence they are doing it out of a requirement. Even their involvement in land deals particularly in Shillong is because buyers want to make sure that the land is not encumbered or under litigation. And the best person to stand guarantee is the Rangbah Shnong. No one from outside the state capital would risk buying a piece of land that might have been already been sold twice over or even thrice. And this is a regular practice in Meghalaya!
The real issue is corruption as some Rangbah Shnong demand money for favours. Those at the receiving end are the ordinary people. If a Rangbah Shnong is elected he probably will not dare to demand money from poor people for fear of not being re-elected. Corruption may not be eliminated but at least the Rangbah Shnong can be held accountable.
It is hoped that the present state of confusion will lead to better churning within the society and that clarity would emerge sooner than later. The judgement of the Shillong High Court should be taken in a positive spirit. A negative and confrontationist attitude is the last thing we want. The ruling should be seen as a challenge and an opportunity. We need the Rangbah Shnong and the Dorbar Shnong but not in their present form. They need to reform themselves. The judiciary won’t come in the way of that refotrmation!