Editor,
I read with interest the two-part series: Influx Control: A Second Option by Toki Blah (ST July 8-9, 2022). No legal explanation or legislative justification is provided in the articles. This scheme is fraught with complexities that may make it a non-starter. We will start with the Constitutional infirmities that will not stand up in a court of law.
The fundamental rights enshrined in Articles 14-19 provides rights to all citizens equally and cannot be applied differently to any particular section. Article 15 prohibits discrimination on any grounds for these rights, including right to access to places. Article 16 guarantees equality in matters of employment on the grounds of religion, race, caste, sex, descent, place of birth, place of residence or income. According to Article 19(1)(e), every citizen of India has the right “to reside and settle in any part of the territory of India.” A mere card cannot remove this right. Even if it is underwritten by a new Central Act, it may not be sustainable, as courts will strike down any legislation which threatens the fundamental rights chiseled into the Constitution.
It is true that these freedoms are subject to reasonable restrictions that may be imposed on them by the State, listed in Article 19 itself. The grounds for imposing these restrictions include national security, public order, decency and morality. None of these grounds will be maintainable as the local issues do not rise in importance to the required level. For example, how is national security, morality or public health endangered by Indians from other states coming to Meghalaya. Any threat to public order is generally instigated by locals, not outsiders.
An ID card of any colour, imposed only on one section of citizens is not only tantamount to discrimination, but may be unimplementable. In a state which has the lowest acceptance of Aadhar cards, created under a Central Act, many will not accept another such card, which will also have biometrics and mark of the beast numbers? What if every state issues such cards? A local trader who has to source goods from Kolkata may travel there frequently. Will he need a West Bengal card also? What about a tribal-non-tribal couple and their children? Will they require cards from two states? If Assam starts a card system, every time I go to Guwahati railway station, I will have to show my card at a check post. Such a card system has inbuilt infringement of civil liberties, unlike a card for rations or health insurance.
Another defect is the idea that local citizens and organisations will monitor the scheme. Even if it is surmised that the government is corrupt, untrustworthy and inefficient, the law cannot be taken into the hands of individuals. To say that we (civil society), must “ensure that the labour that comes into Meghalaya is not allowed to take permanent roots” is untenable. Every Indian has a right to live and travel wherever they want. If they cannot buy land, they can rent. Individuals or even the state apparatus cannot declare them as illegals.
Even the ILP is based on an Act: the Bengal Eastern Frontier Regulation Act, 1873. Perhaps a card scheme can emerge from this Act. But this would be a perverse use of another oppressive colonial Act. Here is an example of a hideous clause from that Act: Any rubber, wax, ivory or other jungle-product, or any book, diary, manuscript, map, picture, photograph, film, curio or article of religious or scientific interest, may be confiscated.” Constitutional scholars opine that the ILP is discriminatory but this has not been tested in a court of law. Such outdated laws are still used at government convenience like the sedition law.
Yours etc.,
D Nongrum,
Via email
Enjoying the best of both worlds
Editor,
I wish to narrate a rather suspicious fact that is currently the reality in a particular Community and Rural Development Block in the West Jaintia Hills District of Meghalaya. In this C&RD Block, a particular senior grade MCS officer has still been made to hold charge of the post of Block Development Officer (BDO) by the “powers that be” despite the fact that this bureaucrat had been promoted to the higher rank of Addl. Deputy Commissioner vide state government order dated the 1st April 2022. It is rather funny to note that despite having been promote to a higher rank, this said bureaucrat is still allowed to hold the post of BDO which is a junior grade post. Is it not an open case of enjoying the best of both worlds? Since when has the post of BDO been made equivalent to that of an ADC? It is also relevant to mention that another junior grade MCS officer was made the BDO of this particular Block vide Government order dated 14th January 2022, but the same has not been adhered to till date as the person has not been allowed to take charge. The spirited citizens of West Jaintia Hills District should raise this issue before the High Court and get to the bottom of this issue.
Yours etc.,
Name withheld on request,
Via email
Cushioning the NEIGHRIMS exodus effect
Editor,
NEIGRIHMS has served the ailing population of Meghalaya and the entire region and even patients from Bangladesh with dedication. The affordable diagnosis with correct treatment have been the saviour for all especially the poor and down-trodden. But the exodus of specialists in large numbers had impacted the service of the Institute. The Hippocratic oath taken by doctors to serve suffering humanity is now diluted with doctor, especially specialists seeking greener pastures at the first opportunity. In future, medical institutes should frame laws stating the minimum number of years of service to be completed (before quitting) for those who apply for specialist posts and also the six month notice needed in advance in case of quitting so that patients could be cushioned from the lack of doctors until fresh appointment of specialists would set things right.
It appears that those leaving NEIGRIHMS are mostly from Assam. Fortunately, our local specialists and a few others from outside Meghalaya are staying on. The only problem is that patients have to be in the queue for surgery in NEIGRIHMS. The Emergency services it appears is now well taken care of. NEIGRIHMS should take the example of CMC Vellore which has built lodging centres with kitchens for members of family to cook and stay in while their relative is undergoing treatment. Thus the expenditure while waiting for the line-up is greatly curtailed. But I request this government not to outsource this facility if it comes up at NEIGRIHMS, to some corporate as they would exploit the situation arising out of doctors’ exodus, and would be hell for the family.
I also take this opportunity to educate our people to take maximum benefit of the medical insurance. One concerned doctor assisting Ram Krishna Mission Laitumkhrah, stated that the illiterate don’t understand the scheme and therefore they are losing out. It is really unfortunate that the Government has not created adequate awareness on crucial health issues so that the poor do not lose out.
Yours etc
W. Passah
Via email
Why the continued load shedding?
Editor,
It’s really odd that Meghalaya is resorting to load shedding when the state has had a decent pre-monsoon rainy season and then in June the state received extremely heavy rain. Now that the generation of power is not enough, the MeECL has started load shedding. The entire Garo Hills has a 4- hour load shedding daily, 2 hours in the morning, between 5:00 AM and 7:00 AM and between 12:00 noon to 2:00 PM.
I request the MeECL to kindly alter the 12:00 noon to 2:00 PM to at least 4:00 PM to 6:00PM . This would make the day more productive and since it’s summer , sunset is much later. Not having electricity in the middle of the day in the Garo Hills is not a pleasant experience and the MeECL must kindly reschedule the load shedding period.
Yours etc.,
Tyrone D’Brass
Tura