By H H Mohrmen
There is a section of the population in the state that is in favour of implementing Article 370 in Meghalaya. They are of the opinion that Article 370 of the Constitution is much more powerful and effective in protecting tribal rights and interests. They argue that the implementation of this article would benefit the state and its people significantly. It would better protect tribal rights and interests, making the community better off compared to the current Sixth Schedule. However, this article will not delve into that debate, as it is a foregone conclusion. The need of the hour is to assess whether, after 75 years since the adoption of the Constitution, this important part of the Constitution has truly served its purpose.
National Integration: wThe ultimate goal
The need to protect tribal rights and interests was debated extensively in the Constituent Assembly. It stressed the importance of preserving the unique culture and self-governance system of tribal communities while simultaneously emphasizing the need to bring them on par with the rest of the country. The ultimate goal was national integration, and it was agreed that the Sixth Schedule was the most relevant legislation to achieve this objective.
The state is at a very critical juncture; it is at the crossroads and before electing members to represent them in the various Autonomous District Councils (ADCs), the question that people must ask is: Have the ADCs fulfilled their twin roles of protecting the unique identity and culture of the people while also preparing them for full integration into the nation?
Protecting and preserving culture in changing times
The first question is about safeguarding the unique culture and interests of the people. Have the ADCs fulfilled the purposes for which they were instituted? There is a saying that the only constant in the world is change. Like everything else, tribal culture and practices evolve over time. In such a situation, the ADCs have two primary responsibilities: one is to preserve dying traditions for posterity, and the other is to help cultural aspects that remain relevant to evolve with changing times. In Jaintia hills many traditions have either disappeared or are gradually fading away, such as the Longhai of the War Jaintia people and the Pastieh of the Raid Ialong and many others. Have the ADCs taken any meaningful steps to preserve these fading tribal traditions?
Cultural and traditional changes often occur due to external influences, such as religion and media. Dominant cultures tend to overshadow tribal traditions. In such a situation, what steps have the ADCs taken to protect and preserve tribal culture? Very unfortunately, the less said about the role of the ADCs in this regard, the better, because all three ADCs in the state have failed miserably in this aspect.
First major failure of the ADCs
Many people have forgotten that Lower Primary (LP) School education in the state was once under the purview of the ADCs, with LP schools generally known as DCLP schools. Few have questioned why the State Education Department took over the responsibility of managing LP schools from the District Councils. Perhaps this was the first major failure of the ADCs, as they had to relinquish control over primary education to the state government.
The second major failure of the ADCs is regarding the collection of royalties from minerals extracted from their respective areas. It must have been an embarrassment for the ADCs when the state government took over the responsibility of collecting royalties from both major and minor minerals, which were previously collected by the ADCs. Once the state took over this responsibility, it also altered the revenue-sharing ratio. Now, the state not only receives the lion’s share of the revenues, but the government disburses the ADCs’ share of the royalty at its discretion and in a piecemeal manner. Why did this happen? Your guess is as good as mine.
Overstaffing in the ADCs
The two ADCs in the state have frequently been in the news, though for all the wrong reasons. Surprisingly, now regional media have even stopped covering the Garo Hills Autonomous District Council (GHADC). Among the three ADCs, two have consistently made headlines because their staffs have gone unpaid for months, sometimes even a year. What were the reasons for the staffs not being paid their salaries? The answer is quick and simple. It is because the ADCs are overstaffed. While the Khasi Hills Autonomous District Council (KHADC) employs around 700 staff members, the Jaintia Hills Autonomous District Council (JHADC) and GHADC have nearly double that number. It is now obvious why KHADC has no problem with paying their staff’s salary on regular basis.
This issue will persist unless both the ADCs and the state government acknowledge the problem and take decisive action. No amount of royalty revenue released by the state government will be sufficient because the Councils’ income and expenditures are grossly disproportionate. The pressing question remains: Who will address this issue? Will the new Executive Committees in these ADCs dare to reduce staff numbers to solve the problem once and for all?
Unintentional bribery of ADC staff
It is unfortunate that, due to irregular salary payments, ADC staff often receive additional payments from the public for services rendered. This situation has reached a point where, out of pity for the unpaid staff and the necessity of completing tasks such as land surveys for land-holding certificates, the public feels compelled to pay them extra. In Jaintia Hills, apart from the mandatory fees for various Council services, people frequently pay additional amounts to staff members because they do not receive their salaries on time. In essence, the public is forced to supplement staff wages because the Executive Committee has failed to ensure timely salary payments.
Major sources of ADC revenue
The ADCs in the state have only a few major sources of revenue. The primary source is royalty collected from major and minor minerals, which the state government collects and disburses to the councils at its discretion. Other revenue sources include professional tax collected from employees in various sectors, license fees for issuing trading permits to non-tribals, market fees from traditional and modern market establishments (malls and single roof’s multi-products and multi-brand markets), and road tax shares from the government. Obviously the Councils’ revenue streams are very limited.
The ADCs’ inability to maintain financial records
As a former member of the State Level Audit Advisory Board (2019- 2020) constituted by the Comptroller and Auditor General of India, I had access to financial reports from various state departments. During one board meeting, I was shocked to learn that the GHADC and JHADC had not balanced their books of accounts for years. Financial reports from the two ADCs were not tabled because the ECs of these two Councils have not been able to reconcile the accounts. The JHADC even required a professional officer from the AG office to help reconcile its financial records. It remains unclear whether their financial situation has improved, but it is deeply concerning that the ADCs have struggled to maintain proper accounts.
Failure to protect rivers and water bodies
Another example of glaring failure of the ADCs is their inability to protect rivers and water bodies, which are vital to the people. Rivers fall under the jurisdiction of the District Councils, yet they have failed miserably in their duty to safeguard these resources. The rivers in the state are polluted and there are encroachments on the river in spite of court orders which prohibit construction on the banks of the river. Additionally, ADCs are responsible for appointing traditional heads such as the Syiem, Daloi, Rangbah Shnong, and Waheh Chnong. However, there have been cases where traditional leaders were appointed and removed arbitrarily by the ADC Executive Committees.
ADCs and the decline in tribal trade
The ADCs are mandated to issue trading licenses to non-tribal residents only for trades that tribals cannot undertake. However, ADCs have failed in their duty to protect tribal trade by granting licenses to large market companies that sell a wide range of products, from the smallest items to the most significant goods required by consumers. Issuing license to these mega shopping bazaars, has drastically affected the business of small traders who sell clothes and grocery items.
The ADCs have evidently failed on many fronts. The question remains: Are voters aware of these failures, and will this influence how they vote in the ensuing election to the ADCs? It is hoped that that the voters this time will vote beyond party lines, regional, clan and religious affinity but instead vote to safeguard the interests of the tribals of Meghalaya and the ultimate development of the state in general.
Conclusion: The challenges before the ADCs are multifarious and of a huge magnitude. While their intended purpose is to safeguard tribal rights and culture, their numerous failures raise serious questions about their efficacy. The electorate must decide whether these Councils have exercised their mandate and vote responsibly to ensure that they fulfill their responsibilities effectively.