By B M Lanong
It was indeed a remarkable start for the new Executive Committee (EC) of the Khasi Hills Autonomous District Council (KHADC), headed by the first-timer Chief Executive Member (CEM), Pyniaid Sing Syiem, MDC of the National People’s Party from Sohryngkham, who in the first-formal Business Session on Saturday, June 24, came up with an official Resolution on the Uniform Civil Code (UCC), where the members of the House had an opportunity to deliberate on the said issue and unanimously, the House resolved to oppose the intention of the Government of India to introduce the Code within the jurisdiction of the Council, “in order to safeguard and protect our interests as provided under the Sixth Schedule to the Constitution of India,” quoting verbatim, the reason for rejecting the code.
As a matter of fact, nobody got wind of any such move from the Centre to introduce the said law, however the leaders of the National People’s Party in the State, could perhaps intercept some signals from Delhi, obviously from regular contacts between the State and the Central officials and leaders on varied subjects of administration.
Whatever be the case, it is obvious for the new EC in the Khasi Hills to feel the pulse, going by what goes on around in the north-east, the serious ethnic violence in Manipur, causing widespread tension and burden to other neighbouring States too, in general.
Going by the nature of violations of ethics and legal precedents in Manipur, unlike what the Meghalaya High Court did recently, in refusing to take up the Roster issue in the Education Department. The Court left the area of conflict to the State government to decide on merit. In Manipur, however, the State High Court conversely took up the matter outside its jurisdiction, in according recognition to the majority Meiteis as Scheduled Tribes, commanding about 53% population in the State, the controversial status they never deserved before.
Similarly, on the issue of according Uniform Civil Code in the country for the last seventy six years as of now, this issue which finds its place in paragraph 44 of the Constitution, no High Court either in the State, nor in the corridor of the Supreme Court, had ever passed any order in favour of the UCC.
Any decision passed per-incuriam, that is in total ignorance of the terms of relevant statute, such decision cannot stand in the eye of law. The Manipur High Court order above has no legs to stand, hence it can be quashed, whenever it is referred to the higher Court.
On the issue of Uniform Civil Code however, it may be a subject of public interest to know, that many individuals rather, preferred the course of Uniform Civil Code, more for their personal interest, like the case of many Hindu husbands, who got converted to Muslim faith, to enable themselves to marry several wives, where no polygamy strictures apply. These common cases have been taken note of and remarked by many High Courts too in the country.
As indicated above, it will provide a clearer picture in the Maharishi Avadhesh Vrs Union of India (1994) SCC 713, where the Supreme Court dismissed the petition to introduce a common civil code in-limine, on the grounds that the issue was a matter for the Legislature to enact, the court ‘cannot legislate in these matters.’
The ongoing summer session of the KHADC in Shillong, also discussed on the serious law and order situation in Manipur, since the violent uproar did not confine to Manipur alone, but spiralled all over the north-east, including Meghalaya, where many victims fled to the State capital and neighbouring areas.
The House took serious note of what a noted local English Daily reported in its recent issue, that Manipur violence seems ‘pre-planned,’ quoting a source of a political party leader of Manipur, who made the allegations.
The House expressed its solidarity with the victims who had to suffer and flee from their own State, following vigorous violence and death of large number of people, including large scale arson and destruction of houses and properties, while at the same time, demanded the Centre and the Government of Manipur to restore normalcy and order, at the earliest.
The House also took note of the Manipur State High Court, on the controversial recognition accorded to a particular community, which issue had worsened the situation to a great extent.
Going by the tip-off provided by the local daily above, it reminds the Council Members of the weird Svamitva Scheme of the Centre, sent to the State, in a form of a Memorandum of Understanding (MOU) between the Centre, represented by the Survey of India and the Government of Meghalaya, in December 2021, which MOU was referred to the KHADC by State Government, to provide land stations, including water supply and power in the camps in as many as 6846 villages, to establish continuous Operating Reference System (CORS Network) for a period of above 5(five) years, for the purpose of Drone Mapping of all Rural Areas. The task was given to the Survey of India, to depute manpower to all the above selected villages.
When the senior local-lady officer of the State Government conducted the Power-Point presentation in the KHADC Conference Room, the entire presentation was all Greek to the MDCs and officers. All that they opined was that in the modern computerised and highly Scientific Networking System, such a drone mapping project, by a huge man-power to roam about in all the rural areas for at least five years would result also in creating their family stations, over and over the Ground Control Points. But the burden of the Council is how to acquire 6486 land stations for the said scheme, since land in Meghalaya belongs to the individuals and the system to acquire even temporary stations, has to obtain prior approval from Traditional Chiefs and local Dorbars.
The weird project, thus ended up weirdly and as of now, the whereabouts of the project is not known. What a layman however understands, is that the geo-physical position of the entire country is known long ago and is easily available at our fingertips today.