A growing debate in Meghalaya concerns whether the institution of the Dorbar Shnong has acquired powers unmatched by corresponding legal accountability. While the Dorbar Shnong are a product of tradition and have performed important community functions, the debate today is whether they should exercise public authority without clear constitutional and legal safeguards. One thing that stands out is the arbitrary nature of the function of Dorbar Shnongs. Each Shnong has its own Constitution but as an offshoot of the Sixth Schedule of the Constitution it should follow uniform sets of governance rules so that no Dorbar oversteps its limits. It is high time the Dorbar Shnongs are guided by a uniform legal framework, as tradition may have served society well when Meghalaya was largely agrarian. Today the rapid changes overtaking society—a large section of which has turned capitalistic—reduce the traditional institution to a mere “no objection certificate” issuing body.
The very fact that buildings are constructed right on the rivers across Shillong without leaving the mandatory six feet distance from any river is itself a commentary on the failure of the Dorbar Shnong to exercise its powers ethically. A river is a source of life and Khasis revere the rivers and forests and weave all manner of folklore around them. No Dorbar Shnong with a conscience should have allowed any construction to come up on a river because that means releasing raw sewage and grey water from kitchens and toilets straight into the river. Over and above that the Dorbar Shnong are supposed to strictly implement the law that vehicles should not be washed on the river because that causes pollution. But in areas like Nongmynsong the Dorbar Shnong allows that, possibly because the vehicle owners pay them money. At the end of the day its all about money. Even in land transactions every Dorbar Shnong sets arbitrary amounts to be paid by the seller and buyer for sale and purchase of land. Neither the District Councils nor the State Government have set the standard amount to be paid for land sale and purchase transactions.
The Dorbar Shnong derive their powers from customary law, local traditions, and from Autonomous District Council legislations governing headmen and traditional institutions. As a result, powers and procedures differ from one village to another. Recently the Khasi Hills Autonomous District Council legislation has attempted to define some duties, such as maintaining records, keeping accounts, convening meetings, and recording decisions, but these reforms are not equivalent to a comprehensive constitutional framework. Another problem is that many Dorbar Shnongs exercise functions that affect fundamental rights of citizens. They issue residential certificates, regulate tenancy, register residents, control access to community resources, and sometimes influence who may conduct business or reside within a locality. While some of these functions help maintain order, decisions can directly affect a person’s Constitutional rights. The Constitution requires that such powers be exercised fairly and without discrimination.It is time for Autonomous District Councils to enact uniform laws by laying down minimum standards for all Dorbar Shnongs. Mandatory written constitutions specifying powers, procedures, tenure, elections or selection methods, and financial accountability are imperative. Dorbar Shnong should comply with Articles 14, 15 and 21 of the Constitution, ensuring equality, non-discrimination and due process. Above all there should be equal participation of women in village governance.
