By Toki Blah
I am a citizen of Meghalaya and developments in the state, for the last 6 months have left me and almost everyone of us, a totally confused lot. The latest puzzle to land in our laps is the bickering between MUDA and the KHADC. Let us for once accept the truth and the truth is that we as a society are scared and suspicious of almost everything on Gods Earth. We are scared of the Thlen; of 666 (God alone knows what it is); then initially of the EPIC; then of Adhar Nos; of the Municipality; of outsiders; and most intriguing of all, suspicious and fretful of our own elected Government! Fear makes us unable to reason out things and we become vulnerable. It’s the sum total of Meghalaya’s socio political history – opportunistic politics and school dropouts take advantage of this vulnerability to lead society by its nose. Coming back to the topic in hand, among the many other things that scare us is the reoccurrence of an earthquake of 1897 scale. There is justifiable fear that the highest casualties then would result from collapsed buildings. Coming up with disaster management plans supported by stringent building bye laws for safe, secure quakeproof structures therefore makes a lot of sense. Bickering over whose building byelaw should apply where is sheer political nonsense. Sadly most of us, even those who should know better, are enthusiastically rooting for nonsense.
Bah Fabian Lyngdoh in his brilliant article “The fundamental purpose of the Law”, ST 2nd Sept 2015, has sought to identify the basic social fulcrum that maintains balance between ‘individual freedom’ and ‘social order’. He calls it the Seat of Justice and the fundamental purpose of Law is to regulate this balance. In Meghalaya this hypothesis goes a yon bit further. The perpetual search for the last 67 years is for a fulcrum to balance the exercise of power between the Autonomous District Councils and the State Govt. Both are creatures of the Constitution; both with the avowed objective of securing the best services for the people they serve; both however managed by power hungry politicians and from there springs the tragic saga of our state. To frighten, hoodwink and misinform the common man is a time tested political strategy for grabbing and retaining power. We in turn receive it as manna from Heaven. “Halleluiah, Praise the Lord. Stoke up the cauldrons of fear and may the electorate never learn otherwise”.
In this current tussle between KHADC and MUDA, there are questions that people have been reluctant to ask, but let’s ask them anyway. Why can’t a uniform building byelaw serve both Urban and 6th Schedule areas? Do different building technologies apply for one and not the other? We need an answer. If a broad constitutional dispute exists between KHADC and the State Govt on jurisdiction over 6 Schedule areas, should this dispute be settled through a Political rally or through a designated court of law? If the MUDA byelaws encroach upon KHADC jurisdiction why shouldn’t MUDA be sued?
Interestingly within the ongoing political imbroglio no one has cared to explain how they plan to convince future earthquakes, when they do occur, where to strike; which category of houses to destroy, which to spare. None have cared to explain how they propose to educate quakes to differentiate between MUDA and 6 Schedule area structures and which category of buildings will be immune to quakes? One fails to come across any Constitutional or Heavenly assurance on this one and the ongoing political drama suddenly shifts into the realm of the absurd when 5 yr term deities (Lei san snem) proclaim authority over nature. Let’s not waste time over quake cognizance for either MUDA or KHADC bye laws. It’s nonsense. More to the point, whose bye laws are acceptable to MECL and PHE? No one builds a house to live in perpetual darkness or without piped drinking water.
Satire aside, are people really serious about this whole brouhaha of 6th Schedule area development being strictly the sole responsibility of our Autonomous District Councils? Does it imply that the State Government as pointed out by Fabian Lyngdoh, should have nothing more to do with the development of 6 Schedule areas? Are people ready for this and convinced that the time has come for ADCs to take over the planning, construction and management of our basic infrastructure facilities in all 6 Schedule areas? Should the State Govt withdraw funding roads, bridges, irrigation projects, livelihood projects, fishery, horti and agri projects, schools and their establishment, hospitals etc and leave these crucial infrastructural development activities to the tender mercy of the ADCs? Are we absolutely sure and serious about this? If support and promotion of tradition and culture is the basic argument, one can point out that Govt through Tourism and Arts and Culture, provide as much if not more than KHADC. Constitutionally the secondary role of ADCs to Govt is not likely to change. This is Constitutional reality and no amount of dreams or emotional IOA wishful thinking will make it go away. The sooner we accept it the sooner we all can go back to our normal daily lives.
On the flip side there is however an unanswered question hanging in the air. Question is, if MUDA has the technical expertise, the financial and human wherewithal to provide meaningful building services; If electricity and PHE water connections are available only after MUDA clearance, why are people so gungho about KHADC supremacy over 6th Schedule areas? Labour cess and permission fees are applicable to both KHADC and MUDA alike so they can’t be the cause for this support. It makes no sense. There definitely must be more to it than meets the eye. If the truth be told people are wary, sick and apprehensive of MUDA because of the notorious reputation it carries. It’s a rogue department that Urban Affairs has failed to control. Its an office that measures public service by the amount of harassment, intimidation, extortion, torture and pain it can inflict on the innocent public. People generally avoid having anything to do with MUDA because of the unnecessary nuisance involved. If Govt is really serious about MUDA, then clean up the rot and overhaul its present work culture. People want service. They don’t like being burdened with unnecessary hassle, red-tape and greasy palmed babus.
Aside from the ongoing political brawl over building byelaw jurisdiction, there is also the still pending question to the High Court ruling over the legal status of the Rangbah Shnong. The need is for legislation to provide for a uniform modern system of grass-roots governance that is complementary to tradition. Common sense dictates we put our heads together for a solution. Nonsense however won the day and here we are, like cats and dogs, fighting it out in the open. Shamelessly we fight in the name of Tradition. Poor Tradition! Does it really matter who makes the laws for our grass-roots institutions as long as governance is ensured and tradition is not threatened? Why should tradition be a static concept that cannot be empowered, improved upon or made relevant to meet present day requirements in governance? Rigidity is so comforting for some diminutive minds that anything suggesting change is frightening and traumatic. Meghalaya has to provide itself with an answer as to whether it wants to live in the past or the future. Leading lights of society seem to prefer the dark mystical past of their imagined golden age. Grab the past and simply leave the future to take care of itself. Pray our children forgive us for this perverted sense of history.
In conclusion one comes away with a very depressed feeling. One feels sad to realise that even after 43 years of statehood and 67 years of cultural empowerment under the 6th Schedule, we have not been able to do away with that “Standstill” mentality. We feel comfortable and safe to remain where we were; to move forward only when urged by demagogic nonsense. To question; to ask and to be curious is considered uncouth, uncivilised and impolite. If we look at the mirror we see timid frightened creatures more at ease with an imagined comfortable past than excited by unknown adventures of the future. Immobilised by mental inertia, our institutions, value systems and social makeup are on the verge of collapse. Governance and administration is at a standstill, moving only when spurred into motion by an exasperated and bemused judiciary. Everything else is mute and silent while the only voice heard comes from an empty vessel called politics. This voice in turn tells us progress and development and any attempt to prepare for the future, is a threat to tradition and culture. An unquestioning society says Amen to that!
