By WL Lyngdoh
Soso Tham wrote, ‘Nga iohi ruh ia la ka Ri ha tmier ka riat ba shyrkhei. Sa tang katno, ia ngi kiba tang shitroh, lada ngim kyndit bynriew kan sa tyllep ka um saw, bad ngin sa long nong-Gebion ban thohdieng, ban tong um iano re’. (I see that our land and people are at the tip of a deep gorge. Unless the handful of Khasi tribe awakens it won’t be long before the stormy waters engulf us like the tribe of Gebion, who will just collect firewood and become water-carriers to others’).The general fear of the Khasi-Jaintia and Garo people is the fear of being swamped by highly populated groups who are advanced in every sphere of activities and of being exploited, thereby leading to their extinction.
Demographic changes among the scheduled tribes of Meghalaya (Khasi-Jaintia and Garo) indicate that the percentage of tribal population to the total population of the State has recorded a decline from one decade to another according to decennial census reports. The causes may be due to migration or biological variables. Migration is one of the three components of population change; the other two are mortality and fertility. Migration is non-biological variable while mortality and fertility operate within the biological framework through social, cultural, economic and political factors which influence the tribal communities. Population dynamics and development planning are inter-linked. All programmes of socio-economic development are to lay emphasis on demographic dimensions which are of vital consideration to be taken into account. Population statistics in India was made available on a regular basis only after the establishment of the Bengal Census Operations, 1872.
Population explosion in the State of Meghalaya is not only due to natural growth, but also due to migration from other parts of India which cannot be prevented. Statistics reveal a migratory tendency for economic activities particularly in the urban centres and the borders of Bangladesh. Migrants and immigrants are pulled by the attractive condition of a place or region to earn their livelihood and for the establishment of new industries with the provision of new opportunities for employment and other facilities like higher education, pleasant climatic conditions etc. Fear psychosis of the indigenous people is being exploited by the people of the plains on account of their superior organisation and cleverness with wide experience in business and trading. Kamaleshwar Sinha in his book titled’ Meghalaya- Triumph of the Tribal Genius’ had advocated for safeguarding the tribal people of the region. He stated that there seemed to be no doubt that the hill people should have the largest possible measure of protection for their land and provisions for the control of immigration into their areas for agricultural or non-agricultural purposes. He further added that there is fear of exploitation by the people of the plains on account of their superior organisation and experience of business and that large numbers would settle down and not only occupy lands belonging to the hill people but would also exploit them in the non-agricultural profession. In Meghalaya, the fear of survival of the indigenous tribes relates population by language. In the Bengal census operations, 1872, the number of persons speaking the Khasi language was 99.67 pc. whereas the number of persons speaking Garo in the 1961 census (no statistics available prior to 1961) was 98 pc. Population percentage proportionately has a relative change as per migrated population. Demographic changes on the decline of tribal population to the total population is due to advancement of urbanization with new developed towns/cities in which large number of people migrate from one state to another and also to neighbouring countries to earn their livelihood. Percentage variation of the population in the urban sectors of all countries is a relative change and is universal in the case of decline. Floating population in the urban pockets is not a threat to the tribals in the State as they move in and out from time to time but safeguarding the tribals is the call of the hour.
In view of the microscopic existence of the tribals in the whole world and in the country, the Government of India in its constitution framed certain provisions to protect and preserve the tribals of North East India particularly Meghalaya which have been incorporated within the framework of the Constitution of India (Late) Rev. J. J. M. Nichols Roy strived hard for constitutional protection of the tribals of N.E. Region and he was the main architect to provide full autonomy by empowering the District Councils with autonomous powers in which according to the Sixth Schedule of the Constitution of India, Meghalaya District Councils can make laws to be codified through Traditional Institution (Dorbar Shnong) to safeguard the democratic rights of the tribals of the State. Village Administration Bill (VAB) with required amendments in the interest of the indigenous tribals will certainly safeguard the Khasi-Jaintia and Garo, but may I suggest the following to be incorporated in the VAB.
- Traditional Institutions may be empowered to assist State Government in maintaining peace and harmony with laid down strict restrictions on drunkenness, drug addiction, hatred amongst inhabitants and empower village patrolling by the VDP to check anti- social elements. Village courts with the Rangbah Shnong (Headman) and Rangbah Dong (Block Head in-charge) empowered with quasi-judicial powers may be set up to settle minor land disputes like land demarcation drainage, petty matters of misunderstanding. (L) Rabon Sing in his book, ‘Ka kitab Niam -Khein ki Khasi’ (1906) stated that the Rangbah Shnong (Headman) can act as Chief in the Dorbar Village Court and he can impose a fine on evil doers or violators of adong shnong (village restrictions) ranging from Rs. 53 to Rs 5 plus a pig. This village court can try suits and cases of a civil nature.
- Dorbar Shnong (Traditional Institutions) are to assist the Government of Meghalaya in the election process of the Election Commission of India and also the election of the Members of District Councils.
- Tenancy rules may be framed by the State Government to empower the Dorbar Shnong (Traditional Institutions) to allow 80 p.c. tenants from amongst the tribals and genuine non-tribals and 20 p.c for others. Communities belonging to “others” are to be properly screened about their antecedents and their activities. Doubtful applicants for inhabiting the village are to be referred to the Syiem/Dalloi of the Hima /Elaka, District Councils concerned and the State Government to prevent unlawful activities like anti-social elements, militancy.
- No indigenous tribals of the State are to be classed as “Soh Shnong”(aliens) or ‘Nongwei” (foreigner). As long as he/she is on the land (bri) of Hynniewtrep (7 huts) or Garoland. He/she is the trai shnong (original inhabitant) in his/her homeland.
- On matters relating to building permission, red-tapism are hurdles faced by land/house owners in obtaining permission from MUDA. The lengthy process eventually has a domino effect on the building cost. State Government may empower the traditional institutions (as practised in the greater Shillong outside Shillong Municipality) to grant permission to all types of buildings with instruction that all building should be constructed strictly on the basis of MUDA Building-byelaws. Safety of building structures should not be confined only to the areas of Master Plan of Greater Shillong but also it should cover other areas like Byrnihat, Khanapara, Tura, Jowai, Khliehriat etc., though they are in semi-rural sector so as to ensure safety concerns. It is suggested that MUDA should be renamed as Meghalaya Urban and Rural Building Development Authority (MURBDA). This process will simplify building permission processes and bring transparency. Inspection and fitness for occupancy may be taken up by MURBDA
6.Traditional Institutions may be empowered on land transaction. Each and every dorbar has a comprehensive knowledge of every land in their area of jurisdiction. On matters relating to the land in Khasi-Jaintia Hills, the Chief (Syiem/Dolloi) of the Khasi States or Syiemships/Elakas have a close coordination with the Dorbar Shnong. Alienation of tribal lands to non-Khasi & Jaintia is a very sensitive issue as the British had respected the customary rights of the Khasis and Jaintias to ownership of the land. The land tenure system is very complex with classified land like Ri-Raid (Community land), Ri-Kynti (individual land) Ri- Kur (Clan land) Sacred land (Law Kyntang) , private or individual land, service land, Raj Land, Akhing Land etc., hence involvement of the Dorbar in land transaction is unavoidable. It is therefore necessary to bestow’ certain powers on Dorbar Shnong in the ‘Village Administration Bill’ of the Government of Meghalaya so as to obtain recommendation or NOC from the Dorbar Shnong in matters relating to administration of land in the process of land registration in the office of the Deputy Commissioner (Revenue).
There is a saying that when the land remains with the indigenous tribals, the tribe will survive forever. The Village Administration Bill should also adopt other measures to empower the traditional Institution to safeguard the indigenous tribes, the Khasi-Jaintia and Garo from becoming labourers and beggars in their homeland.
(The writer is former Secretary to the Govt of Meghalaya & Former Executive Secretary, Dorbar Shnong – Pohkseh)