By Fabian Lyngdoh
There are five main factors contributing to the conflict between the State Government and the District Councils with regards to the power of making laws concerning Village Dorbar and Village Headmen for grassroots governance in Meghalaya. The first factor is the existence two parallel authorities serving the needs and interests of the same territorial area and the same people. The second factor is the existence of constitutional provisions in Article 244(2) and the Sixth Schedule recognizing the distinct identities of the North-Eastern tribals and the need to allow them to administer their own affairs according to their own genius under the Autonomous District Councils (ADCs). The third factor is the lack of clarity on the issue of territorial authority especially in the Khasi Hills where the core concern of the people is the independent private ownership over their lands without any intervention by the Government. The fourth factor is the lack of clarity in the objectives of the Government’s proposal with regard to any intervention in grassroots governance which paved the way for the entry of unwanted and endless play of party politics to breed prejudices and divisions of opinions among the people. The fifth factor is the existence of agencies which are persistently projecting unhealthy conservative ideas on the basis of a general apprehension of the destruction of the tribe’s identity by external forces. To deal with these conflict factors I would like to make the following suggestions:
The need to protect the cultural identities of the tribals as provided in the Sixth Schedule cannot be overlooked, but at the same time the need to build up equitable, transparent and responsible democratic governance at the grass-roots according to the present requirements of modern democratic society can no more be ignored. Over reliance only on traditional institutions and customs in a modern day society would stunt the development of the tribe itself. The Khasi society needs to adapt itself to some healthy changes to sharpen the edge of the intelligence of the younger generation so that the tribe can survive in a competitive world. The District Council should not entertain unnecessary constraints put forth by non-statutory agencies with exclusivist traditional agenda, as that would hamper its efficiency in the exercise of its constitutional mandate.
To solve the conflict of authority between the State Government and the District Council on the issue of grassroots administration, it would be good if the District Council enacts laws with regards to the constitution of the dorbar shnong as a political and judicial authority limiting to administration of land and social customs. The State Government on the other hand, can enact laws for the constitution of village councils limited to the implementations of developmental programmes, providing civic welfare services to the citizens and maintenance of law and order in the villages and urban localities without touching anything on matters concerning land and judicial administrations.
An exemplary integration seems to have been achieved among the tribes of Arunachal Pradesh where the traditional institutions are given recognition by the Government with regard to customs and tradition; the statutory gaonburas and the village councils are entrusted with general administration of law and order and judicial functions; while the committees entrusted for executions and management of developmental works and civic welfare services are called panchayats.
In 2006, the Government of Meghalaya, vide Notification No. CDD.122/2006/3, Dated the 28th July, 2006, promulgated the ‘Meghalaya Rural Employment Guarantee Scheme 2006’. The Governor of Meghalaya made the notification under sub section (1) of section 4 of the National Rural Employment Guarantee Act 2005 (NREGA). This scheme is being implemented under the NREGA Operational Guidelines prescribed by the Ministry of Rural Development, Government of India as modified by the Government of Meghalaya. The primary objective of the scheme is to provide livelihood security to the households in rural areas through guaranteed wage employment in unskilled and manual works, while at the same time creating durable assets and strengthening the livelihood resource base of rural poor through works connected with water conservation and water harvesting; drought proofing, including tree plantation; micro and minor irrigation works; renovation of traditional water bodies; land development, flood control and protection works, including drainage in water logged areas; rural connectivity and any other work as may be notified by the Central Government.
The Community and Rural Development Department is the Nodal Department for implementing this scheme. The implementing agency is the Village Employment Council and Line Departments of the Government. The Guidelines of the NREGA state that where Part Nine of the Constitution does not apply, local authorities as Government concerned will be entrusted with corresponding responsibilities. Since Part Nine of the Constitution does not apply to Meghalaya, the State Government has entrusted the responsibilities to the following three-tier local councils:
A Village Employment Council (VEC) was constituted in every village in which every male and female heads of each household is a member. The meeting of the VEC is chaired by a village headman, and a secretary for the VEC is elected by the members of the VEC from amongst the members. The VEC is the principal authority for planning and implementation of the schemes, and it is responsible for identification of the works in the village area and for executing and supervising such works. An Area Employment Council (AEC) was constituted at the cluster level comprising of villages within 2.5 km radius. The AEC consists of the traditional headman and two representatives one male and one female from each village. It was provided that the total members of the AEC shall not exceed 20 (twenty), and 30% of the members of the AEC must be women. The AEC is responsible for receiving applications for registration and for issuance of Job Cards. A Community Coordinator is appointed for each AEC to assist the Gram Sevak and the VECs in maintaining the records and also to assist the Technical Assistants being provided at the Block level. All references in the NREGA Operational Guidelines to the Gram Panchayat (GP) shall imply the AEC, and all references to the Gram Sabha shall imply the VEC.
The existing Block Selection Committee was notified as Block Employment Council (BEC), and it is vested with the responsibilities of the Block Panchayat. At the District level, the Governing Body of the DRDA was notified as the District Employment Council (DEC) and vested with the responsibilities of the District/Zila Panchayat.
Men and women were actively involved in the meetings and management of the VECs and AECs. The scheme instilled community participation in development initiatives, in building up democratic justice through mandated inclusion of women in the VECs and AECs and in enhancing the capability of the individuals, the households and the community in economic production as well as in social leadership and social consciousness which are indeed the needs of the hour. The scheme has paved the way for attitudinal change among the people to accept positive democratic elements in grassroots governance; it has taught the village leaders to maintain records of various transactions in official procedures of public administration. The scheme has also made the rural folks including the women to be more assertive to demand for their rights and to complain against any wrong done to them.
These MGNREGS guidelines recognize the traditional village heads and the village dorbar, and the scheme has been in operation since 2006 till date with no objection from the traditional institutions or from the District Council against the scheme or against the guidelines promulgated by the State Government. Since these operational guidelines have been tested for nine years and the people in the villages of the Khasi Hills are comfortable with their provisions, the District Council may enact a law identifying the traditional village heads; while the State Government may enact a law for local governance concerning socio-economic development and civic welfare in the model of these tested operational guidelines, simply by converting the Executive Guidelines into a Legislative Act. By providing constitutional status to this arrangement which has already been in practice it may establish a balance between the emerging socio-economic requirements of the present society and the conservation of genuine tradition, and also guide the evolution of customs in such a way as it would be conducive to social development, justice and order in the society.