SHILLONG, Oct 13: The High Court of Meghalaya on Thursday asked the Khasi Hills Autonomous District Council and the Syiem of Hima Mylliem to persuade villagers to uphold constitutional values by embracing gender equality.
The court made the observation while hearing a matter pertaining to the district council law that does not permit a woman to be a candidate for the post of headman or even to participate in the process of election or selection.
The villages concerned fall within the jurisdiction of the Syiem of Mylliem and the Elaka is governed by the KHADC.
The law in question is the Khasi Hills Autonomous District (Appointment and Succession of Syiem, Deputy Syiem, Electors and Rangbah Shnong of Mylliem Syiemship) Act, 2007.
It was submitted on behalf of the KHADC that there are several villages where, upon a request made by a village, women do take part in the Dorbar election.
The Syiem of Mylliem confirmed this and suggested steps from the Pynthorumkhrah village of Shillong.
Observing that Meghalaya, barring Shillong’s European Ward, is governed by the Sixth Schedule, the court observed that tribal customs and practices are preserved by the Sixth Schedule and even disputes involving tribals are resolved in the district council courts over which the high court does not exercise any superintendence under Article 235 of the Constitution.
In accordance with the tribal customs and practices, the Panchayati system does not apply here. The three district councils function with subordinate authorities administering smaller regions or Elakas, the court said.
“Unlike what was reflected in the earliest reports on the tribes in this region authored by the erstwhile British rulers, which was also substantially reflected in the Montagu-Chelmsford Reforms, tribals across the state now have access to all modern facilities and televisions, mobile telephones and FMCG products are easily available even in the remotest corners,” the court said
The court said that women in a matrilineal system are by and large treated with greater respect with better educational facilities and rising aspirations. It may appear to be somewhat of an aberration that a woman cannot participate in the process of deciding who would govern her because of her gender, it added.
The court said many villages have been opting out of the law prohibiting the participation of women in elections at the Dorbar level. “It may do well for both the KHADC and the Syiem of Mylliem to initiate discussions and try to persuade the residents of the villages to open up the system for women,” it said.
The court reminded the respondents of members of the third gender and people with different sexual and identity orientations being recognised universally and also in India.
