SHILLONG: With the growing concern over land issues in the state of Meghalaya, a demand to redefine the word “tribal” has been made and suggested that tribals should mean the indigenous tribals belonging to the Khasi, Jaintia and Garo communities who are permanently settled in the state of Meghalaya.
This was brought up by the Confederation of Meghalaya Social Organization (CoMSO) who met the Revenue Minister, Kyrmen Shylla on Friday to discuss on matters relating to Land Transfer in Tribal Area of the State of Meghalaya.
Speaking to reporters, chairman of CoMSO, Robertjune Kharjahrin said that the demand of the organization was not a new one, he recalled that a working group committee under the chairmanship of former Home Minister, late T.H. Rangad in 2001 had submitted a recommendation which stated the Meghalaya Land Transfer Act should be further amended immediately to provide for transferability of land only among the indigenous tribals of the State and to give a proper definition of ‘Indigenous Tribal’ so as to include only the genuine local tribal of the State”.
Another recommendation of the committee is that the Government should take appropriate steps to de-schedule certain Scheduled Castes/Scheduled Tribes from the State List of Scheduled Castes/Scheduled Tribes.
He added that the State Government must notify that the District Council shall be one of the Competent Authority under section 2(a) of the Meghalaya Transfer of Land (Regulation) Act, 1971.
According to CoMSO, this will be in line with section 41 of the Rights to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rule 17 of the of the Rights to fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement (Social impact Assessment and Consent) Rules, 2014 where prior permission of the concern Autonomous District Council need to be obtained before land is acquired in the Scheduled Area of the State.
Section 41 of The Rights to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 deal with the Special provision for Scheduled Caste and Schedule Tribes and clearly stated that as far as possible, no acquisition of land shall be made in the schedule area and when it is needed it shall be done only as a demonstrate last resort. This section empower the District Council in cases of land acquisition and land alienation in tribal area and provide that prior permission of the concern autonomous district council need to be obtained.
The CoMSO maintains that that there has been continuous demand by the Autonomous District Councils of the Khasi, Jaintia and Garo Hills and the Forum of Council of Sixth Schedule (FOCUS) on inclusion of the word “Transfer” in paragraph 3 (a) of the Sixth Schedule.
In the memorandum submitted to the Minister, the CoMSO indicated that the United Khasi-Jaintia Hills District has enacted the United Khasi-Jaintia Hills District (Transfer of Land) Act, 1953 and section 3 of the act stated as that “No Land within the district shall be sold, mortgaged, leased, bartered, gifted or otherwise transferred by tribal to a non-tribal or by a non-tribal to another non-tribal, except with the previous sanction of the District Council…..”.
They further added that the Meghalaya Legislative Assembly has enacted the Meghalaya Transfer of Land (Regulation) Act; 1971 which is more or less a replica legislation of the United Khasi-Jaintia Hills District (Transfer of Land) Act, 1953 and the Garo Hills District (Transfer of Land) Act, 1955. The Supreme Court of India in the case of United Khasi Jaintia Hills District Council vrs Sitimon Sawian has struck down the United Khasi-Jaintia Hills District (Transfer of Land) Act, 1953.
Again, the CoMSO said that a provision should be made to have public hearing a mandatory procedure before granting permission by the competent authority and permission from the traditional institution shall also be made compulsory before permission is consider by the competent authority.
This will be in line with the provision of the Rights to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rights to fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement (Social impact Assessment and Consent) Rules, 2014.