On May 11, last 38-year old Kyrmen Lyngdoh Nonglait was killed in a drunken brawl by one Raju Rajbhar, a non-tribal labourer in a hotel in that area. The murderer has since admitted to the crime. Every crime must be followed by just and adequate punishment. Section 302 of the Indian penal Code stipulates penalties for murder, ranging from death sentence to life imprisonment, along with the possibility of fines. This law applies to all Indian citizens, tribal and non-tribal. All are equal before the law. According to Section 299 of The Indian Penal Code, 1860, “whoever causes death by committing an act with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely to cause death by such act, commits the offence of culpable homicide. Section 302 of the IPC deals with murder cases, specifying the punishment for offenders. The court determines punishment based on the accused’s intent and motive, making it essential to establish these aspects in such cases.
The report that the Dorbar Pyllun of Erpakon in Ri Bhoi district has ordered the eviction of all non-tribals residing or working within the village appears to be an arbitrary decision that violates the Indian Constitution. Just because one non-tribal person committed murder in a drunken brawl there is no law in this country which sanctions that all other non-tribals who are citizens of India and have valid work permits should be made to leave any place within the State of Meghalaya. This is another instance of a village dorbar taking the law in its hands and resorting to extraordinary measures to avenge the death of one of its members. In December 2014 there was an instance when eight individuals have challenged the decision of the Dorbar Shnong for excommunicating (beh shnong) them because they were married to non-tribals and were deprived of their right to government schemes because they could not get a no-objection certificate (NOC) from the village authorities. The single judge bench of the Meghalaya High Court had given a significant ruling that Dorbar Shnong cannot adopt archaic modes of penalising their constituents by violating the laws enshrined in the Indian Constitution. In fact, the High Court had said that parallel governments cannot be allowed to operate. It is the State Government, District Administration and the Police that are established by law to look after all matters and no assistance should be sought from headmen whose jurisdiction is to maintain social harmony and social development. The ruling also said the headmen have no authority to issue no-objection certificates. It is a different matter that this ruling is being blatantly violated even as the district councils have dragged their feet over implementing in letter and spirit the Village Administration Act.
