SHILLONG/TURA: The controversy over the Garo Customary Laws Bill, 2009, continues with a section of the social organisations, like the All A’chik Citizen Forum, opposing the “primitive and immoral practices” codified in the Bill.
In their petitions to Governor Banwarilal Purohit, the All A’chik Citizen Forum and the Mothers’ Union have expressed displeasure over the codification of the Bill.
In a memorandum submitted to the governor, the president of the Organisation, Gamchi T.R Marak, said the Garo Hills Autonomous District Council (Codification of Garo Customary Laws) Bill, 2009, has been passed by the GHADC in haste, without consulting stakeholders.
The A’chik body said some primitive and immoral practices, which are not relevant to the present civilised society and should have been done away with, have been allowed in the codified law.
Marak said whereas the objectionable clauses in question are in small print and under musical instrument section, their authenticity is questionable. She also said the moral laws are crimes against women and children but those have been treated very lightly and are contradictory to the legislations, the Indian Penal Code and criminal procedures.
The organisation feels the Bill needs thorough examination as there are “serious discrepancies”. It has urged the Governor to allow it to be opened for public scrutiny and referendum as it concerns the whole tribe “whose fate cannot be decided by few representatives of the Council”.
Seconding the A’chik group’s claims, the Mothers’ Union said the Bill was passed in haste. After scrutinising the Bill, the union is of the view that it is inapplicable.
It has urged the governor to withhold his assent to the Bill and return it to the legislature for review and scrutiny.
However, a another section of Garo bodies, including GSU CEC led by Tengsak G Momin and the Association for Democracy and Empowerment (ADE), have voiced their support for the Bill. Referring to the controversy over inter-community marriages, Momin said in a statement that the contents of the Bill will be effective after it becomes an Act.
“The GCL states ‘on the commencement of this act/law’, which means the Garos of mixed blood before this Act will remain as Garos,” he said and added that the Bill lays down no specific rules against a Garo wishing to marry a non-tribal but only that their descendents will have to forgo their tribal status.
He pointed out that the Bill has the potential to further strengthen the Land Transfer Act by removing the ability of indirect transfer to a non-tribal by way of marriage.
He, however, did not rule out minor lapses but said overall the Bill will prove to be an effective fight against dilution of the Sixth Schedule, customary laws, strengthening of the Nokma system and land act, and reduce violation of its provisions, among other things.
