The current controversy surrounding the Dorbar Shnong and their recognition by the State Government seems to have become a storm in a tea-cup. The Khasi Hills District Council feels that a government notification is imperative since the Dorbar Shnong are implementing several Government schemes including the MNREGA where Village Employment Councils are necessary to ensure that residents of the village are employed in what is now called the, “job card scheme.” Much has also been discussed as to how the Dorbar Shnong rose to the occasion to make the job of the Government much easier to tackle at the level of the shnong (villages/localities). The Dorbar Shnong actually have a tenuous link with the Councils since there are no clear guidelines outlining their powers and responsibilities in the entire Sixth Schedule.
The Sixth Schedule of the Constitution relates to the administration of tribal areas and tribals. The only mandate that the District Councils has over the non-tribal population is the clause that bars them from practising any trade unless they get a trading license from the Councils. Other than that the non-tribals are governed by state and central government laws. In fact, non-tribals don’t vote in the District Council elections in the Khasi and Jaintia Hills. The Dorbar Shnong too don’t accommodate non-tribals as members of the Shnong. Non-tribals however need the consent of the Dorbar Shnong to reside in any area including the Municipality areas. This is an unwritten code and has never been challenged. The point therefore is that the Dorbar Shnong act in an arbitrary manner since there is no legal framework under which they operate. The word ‘traditional institution’ leaves them out of the purview of modern laws. This arbitrary nature leaves the field open to misuse since anything not binding by law can be misused or abused. This happens during sale and purchase of land where each shnong has set its own percentage to be paid by the seller and the purchaser. This money should go to the kitty of the Dorbar Shnong for development purposes. But does it? No one has questioned this practice as of now. Also the Dorbar Shnong is not mandated to get its books of accounts audited although it handles public funds.
The Government is distancing itself from playing a regulatory role vis a vis the Dorbar Shnong which in effect means the Rangbah Shnong, for reasons that are understandable. If the Government recognises the Dorbar Shnong as a legal entity just as an elected panchayat in other states of India are, then implementation of several grass-roots schemes would fall under the ambit of the shnong. Are the shnong capable of implementing the schemes without government assistance? Do they have the human resource and the oversight capacity? Several issues will arise if the Dorbar Shnong misuses government funds. In fact there are too many unforeseen problems which the Government wants to stay away from. The Income Tax Department’s stance that the Dorbar Shnong should have a PAN CARD also means that they would have to register themselves as a society to become taxable or for waiving income tax in case they can show that there is a not-for-profit organisation. Barring that, what legal entity does a Dorbar Shnong have?
