By Patricia Mukhim
At a meeting held at the State Convention Centre on December 13 last, Meghalaya Chief Secretary, DP Wahlang the convenor of the meeting captioned, “Rejuvenation and Restoration of the Wah Umkhrah, Umshyrpi and Umkhen,” asked a pertinent question that should make us all sit up – He asked, “Where Did We Go Wrong? The meeting which saw the attendance of the Rangbah Shnongs of Shillong city and beyond (the so-called non-municipal areas) other stakeholders who are concerned about the state of the above rivers, are also trying to figure out where we have all gone wrong as a collective. How did a community that loves its “Ri” – (country which does not extend beyond the Meghalaya borders); a community that has a rigid sections which goes ballistic each time railways are mentioned and comes up with a counter – Give us the Inner Line Permit (ILP) and only then bring in railways, could remain blind to other daily assaults on this same “Ri Baieid” (beloved country).
I know this will mean a lot of trolls getting after me but what must be said has to be said. To answer the Chief Secretary’s question – “Where Have we Gone Wrong?” the short answer is that the institution of the Dorbar Shnong is not able to deal with civic management because it does not have the wherewithal. In every other state of the country barring Mizoram, Nagaland and Meghalaya there are elected civic bodies for every ward and the Municipality is accountable to that elected body. The District Councils are mandated to create town and village committees, perhaps for civic management but they have not done so. I am not aware of any KHADC mandated village committee in my Shnong. I know this too will be a sore point for the ADCs but we cannot run away from the truth and expect problems to disappear only by what’s written on paper.
Each time someone points to these flaws on civic management and also a range of other issues that are the result of “bad political decisions” one faces the wrath of a section of the community. The autonomous district councils “had” a specific mandate and that was to ensure that customary laws and practices of the tribes of Meghalaya are not whittled away because of a majoritarian non-tribal government. Since 1972 we have had an all tribal government but we left the district councils untouched. Reason? Because no politician has the “spine” to bring political reforms that are for the larger good of the state and its people. The District Councils needed to be reimagined.
In the book “Sixth Schedule To The Constitution” By Justice BL Hansaria, in chapter 4 -Constitutional Provisions Relevant to North Eastern States mentions Article 243M: part not to apply to certain areas. Part IX of the Constitution was introduced by the Constitution (73rd Amendment Act) 1992 making special provisions with regards to Panchayats. However, provisions of this part do not apply to tribal areas under the Sixth Schedule and also to states of Nagaland, Meghalaya, Mizoram and the hill areas in the state of Manipur for which district councils exist. However, the legislatures of the states of Nagaland, Mizoram and Meghalaya have been given the powers to apply provisions of Part IX of the Constitution to their respective states by making a law with two-thirds majority. So, also Parliament has been given the power to apply the provisions of Part IX of the Constitution to the tribal areas under Sixth Schedule.
So what is Part IX of the Constitution? It deals with the “Panchayats” or local self-government institutions in rural areas. It lays the foundation for the establishment of Panchayats and devolves powers and responsibilities to these grassroots-level bodies. Part IX consists of Articles 243 to 243-O. The key features of Part IX are listed below so that we have a clear reading of what we in Meghalaya have lost by resisting modernisation and sticking to tradition in a world challenged by problems of modernity including, in the main, waste management.
1. Three-Tier System: Part IX envisions a three-tier system of Panchayats at the village, intermediate (block or taluka), and district levels. This tiered structure allows for local self-governance at multiple levels.
2. Reservation of Seats: Article 243D empowers the states to reserve seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in Panchayats to ensure adequate representation of these marginalized groups.
3. Duration of Panchayats: Article 243E specifies the duration of Panchayats, which is five years. Elections to constitute new Panchayats must be held before the expiration of the current term.
4. State Legislation: Article 243G empowers the state legislatures to enact laws to regulate the composition, powers, and functions of Panchayats. These laws vary from state to state.
5. Powers and Functions: Part IX details the powers and functions of Panchayats, including matters related to agriculture, health, education, local economic development, and social justice. Panchayats have the authority to levy taxes, collect revenue, and make plans for economic development and social justice.
6. Finance Commission: Article 243-I mandates the appointment of a State Finance Commission to recommend financial arrangements between the state government and the Panchayats.
7. Election Commission: Article 243K establishes a State Election Commission for the conduct of Panchayat elections in a fair and impartial manner.
8. Reservation of Chairpersons: Article 243S allows for the reservation of the offices of Chairpersons of Panchayats at all levels for SCs, STs, and women in proportion to their population.
9. Duration of Panchayats: Article 243U specifies the duration of Panchayats at all levels, which is also five years. Elections for new Panchayats must be held before the expiration of the current term.
10. Powers to Impose Taxes: Panchayats have the authority to levy and collect taxes, duties, tolls, and fees as specified in Article 243X.
Our problem in Meghalaya is that we did not want to chip at the powers of the District Councils although the Councils have shown no inclination to fully deliver on the powers vested in them which states unequivocally that the “District Councils have been mandated to establish village or town committees and define their powers and also any other matter relating to village or town administration including village or town police and public health and sanitation. It was only in 2020 that the Khasi Hills Autonomous District (Solid Waste Management ) Act was passed and ratified by the District Council Affairs of the State Government in March 2022. The Act empowers the Dorbar Shnong to penalise violators. The legitimate question therefore is, “How can waste be managed at the level of the Shnongs without them being given the resources, especially financial and human resources to do so? The Councils have to come up with very clear rules and with no politics involved on how to penalise residents who openly violate the laws that state that each residential building should have latrines and septic tanks within their boundaries. Releasing septic tanks directly into the rivers is a criminal offence and violators should be given a show-cause notice and then deal with the courts thereafter. Other than that, it is difficult to get compliance from people who wilfully violate the laws of the land.
The Shnongs beyond the municipalities are doing what they do at present – using only the petty amounts collected from each household to manage to run the garbage collection trucks, pay the drivers and other helpers. Since most members of the executive committee are also full time employees of the government or outside it, their supervisory roles are limited. They are not full-time employees of the Shnong. Unless this critical aspect is addressed and unless we have a proper election to these bodies, things will not change.
To answer the Chief Secretary – Where have we gone wrong – the answer is we have gone wrong because we have relied on traditional bodies without proper delegation of powers, and expect them to solve modern problems and especially to manage waste generated by modern societies. They are overwhelmed by the problem and short of putting their hands up and saying, “This is beyond us,” they simply exist because of our dogged belief or infatuation with tradition.
The pertinent question here is how do we expect the Rangbah Shnong and their council to continue to “trei mon sngewbha” (work for free or do pro-bono work) and for how long? Not all Rangbah Shnong have political aspirations. Those who do have political aspirations work with that purpose but a great many are just selected by their constituents to attend to their daily needs and to manage the waste above all.
So is this arrangement tenable for the long run? It is not. It is failing. For instance, “Who gives permission to people to construct homes right on the river so they can release their septic tanks directly into the river? Can action be taken against such residents? Are we living in a free for all state where laws are applicable to some and not to others? Can such gross violation of building laws be transgressed without punishment? Does anyone in this state have the authority to bulldoze illegal constructions? That’s a big NO for that extracts a political cost. So at the end of the day it is pointless to have laws, rules and regulation if they are not applied and have not been applied over decades, “simply because we cling to tradition and then “leh katba mon” (do as we please) because many still believe we live in an independent “Ri Khasi.”
Elections are also won on the slogan of “Ka Ri bad Ka Jaitbynriew,” without understanding how that slogan will not become a death knell of the very people that the politicians claim to love. When the rivers die there will be no jaitbynriew, and the Ri will become a barren desert.
That’s the rather lengthy answer to your question – Where did we go wrong?, Mr Chief Secretary.