The Khasi, Jaintia and Garo tribes are classed as, ‘scheduled tribes,’ by virtue of which they enjoy special privileges. Job reservation and reserved seats in educational institutions are part of that privilege. A tribal working within a scheduled area is also exempted from payment of income tax. Hence the sudden demand by the Niam Khasi, Niamtre and Songasarek for a minority status within Meghalaya on the basis of religion, vide a letter written last year to the prime minister of the country and then approaching the High Court on this issue is somewhat confusing. What particular discrimination do the people of the indigenous faith (Niam Khasi, Niamtre, Songasarek) face that they now want to claim minority status within the larger tribal context? The Constitution of India used the word minority or its plural form in Articles, 29 to 30 and 350A to 350B, but does not define it anywhere. Though Article 29 refers to “minorities” in its marginal heading, it speaks of “any section of citizens having a distinct language, script and culture.” By this definition the language script and culture of the Niam Khasi, Niamtre and Songasarek are the same as that of the Khasi, Jaintia and Garo community. Religion does not interfere with culture and never has; nor with language and script. Hence it is difficult to comprehend the reasons behind the demand for a minority status by people of the indigenous faith. The entire tribal community of Meghalaya as stated above is already seen as a minority.
Article 30 of the Indian Constitution speaks about two categories of minorities — religious and linguistic. It deals with the rights of minorities whether based on religion or language to establish and administer educational institutions. In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause. Article 30 further says that the state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. Do members of the indigenous faith feel discriminated against on the above grounds?
Whichever way we look at it the members of the indigenous faith have brought to the fore the issue of inter-group equality. This certainly requires a larger debate within the community.