By Febrieanna Syiemlieh
December 30 is a day to remember and celebrate the legendary freedom fighter U Kiang Nangbah, who was hanged to death in Jowai by the British in 1862. Kiang Nangbah rose against the British rulers, for levying house tax in our land. According to our traditional land tenure system, the land belongs to the people as it is believed to be a gift from the Gods so to pay tax to the British rulers for something that belongs to us was not acceptable. This can be accounted as the most symbolic act of civil disobedience by the indigenous people of the soil against the land monopoly of the British here in our indigenous land.
The British were very much aware of our land tenure system as it can be found in their documented records: H.S. Bivar, the then Deputy Commissioner observed on August 29, 1874,
“It has to be observed that the Chiefs in the Khasi Hills State are not territorial sovereigns but elected democratic chiefs and that they have no right whatsoever to the soil. Land in the Khasi hills belonging to the children of the soil; are the property of the owner, for right to which he is answerable to no chief and for which he pays no tax of whatever nature. … A chief whether he be u Klur Sing of Hima Khyrim or u Hain Manik of Mylliem or the head of any other state is not a zamindar. He is, as I have said before, a democratic ruler and as such his power extends to the subject and not to the soil. A land tax is an unknown thing amongst the democratic subjects of the Khasi Hills State.”
An extract from A.J. Mills’ Report dated the 27th September 1853, says, “A tax on land is unknown amongst the Khasis. Land is entirely the property of the Khasis.”
Our indigenous traditional land tenure system of land holding is a time-honored system where land belongs to the people and cannot be alienated. This is the reason why KHADC has no Act or Rules defining fees to be paid to village elders/ Rangbah Shnongs during sale/purchase of land among the Khasis. For instance, in the SANAD given to the Rangbah Shnongs by the Syiem of Mylliem (subordinate officer of KHADC) all terms and conditions forbid the Rangbah Shnongs from levying any kind of fee/tax/tolls on the land whether it be Ri Kynti or Ri Raid.
JJM Nichols Roy, the father of the Sixth Schedule of the Constitution fought tirelessly with his demand to create District Councils for the indigenous people with the sole aim of protecting the traditional land tenure system of our people. Therefore, if the present KHADC fails to function in the same spirit and fails to understand the importance of the protection to be rendered to the indigenous people and their land by the KHADC, then we have no more need of the Autonomous District Council, because then, the Council will be functioning as an unnecessary layer of political office with no justification to carry out functions for which relevant Government office already exists.
Are the present KHADC members, sitting in the chairs of the protectors of our indigenous people and their land, ignorant of our customary laws? Or is this a ploy to initiate the practice of payment of money for signatures/NOC to the Rangbah Shnongs and village elders as customary?
The news item, “KHADC to take action on high fee for Land Deeds” (ST Dec 7, 2018) is a dangerously motivated, pre-meditated, sly move attempted by some unscrupulous politicians to initiate the practice of payment for obtaining signatures from Rangbah Shnongs/village elders. Nowhere in the history of our land has there ever been such a customary practice. Khasi customary law does not allow collection of tax/money over any indigenous land. We have never paid land tax/fees since time immemorial because it has never been a part of our culture and tradition. Then, why is it that now “usually below 10% of the land value is allowed”? Which Act / Rules and Regulations of the KHADC validate such collection of money when the State Government already charges about 5% for a Sale Deed? Also, how many times are we going to pay fees for buying a plot of land?
In the case of Archie Siangshai and others vs. the State of Meghalaya (WP(C) No.363 of 2014), the Hon’ble Court ruled that, “Headman of a locality did not derive any right from law, and rule or from the Constitution of India to issue NOC. Therefore, I am of the considered view that, in a State 2(two) parallel Governments cannot run simultaneously…. They have no power to issue any kind of certificate unless empowered by rule or laws. For example, if, a person approaches for a sale deed, his case is to be considered under Registration Act.”
In the case of Matilda Lyngdoh Vs State of Meghalaya and others (WP©No.7(SH) of 2008, the Court passed a judgment saying that the signature of the Headman was not required for registering Sale Deeds terming the Rangbah Shnong as an “unauthorized” person. Thus, this so called “fee” for signature of the Rangbah Shnong is illegal. In layman’s term it is called extortion or “salami”. The State of Meghalaya Acts and Ordinances reads, “ Notwithstanding anything to the contrary in any contract, custom, usage or practice, realisation of any ‘Salami’ in any form, shall be illegal. Whoever, willfully fails or neglects to comply with any requirement made of him under this Act, or violates any provision of this Act shall, on conviction before a Magistrate, be punishable with fine which may extend to one thousand rupees.
Latiplang Kharkongor (MDC) says that the KHADC did receive several complaints from citizens over charging of exorbitant fees for Sale Deed of land. What “fee” might that be? Is it legal or illegal? If it is legal, then why will KHADC take action upon such persons? But if it is illegal, why are they not penalized? Why is MDC Latiplang Kharkongor not sure of what he is talking about? How can he ask Rangbah Shnongs/village elders to charge only 10% and below and not more than that? It’s as good as asking a thief to steal only a small amount.
The fight of U Kiang Nongbah against the British to preserve the custom and tradition of our indigenous people where land belongs to the people has been recognized by the Government of India and a postage stamp was also issued in 2001 to commemorate him. He will go down in the annals of Indian history as a great personality who inspired the country and inspired the course of India’s National Movement.
Till today, we, the indigenous people and our land have never been alienated with wars fought and lives lost in protecting them and drafts made and arguments galore to make special provisions for this peculiar land holding system within the framework of the Indian Constitution.
We live and celebrate it every day of our lives. Hence, isn’t it shocking and shameful for a member of the KHADC to even suggest charging a small fee of 10% and below from us for our own land? Are the politicians today attempting to retain the very institution that was once initiated by the colonial rulers for oppressing the indigenous people, destroying their customs and traditions in their attempt to steal their land and fill their coffers and have complete monopoly over the land which otherwise they could have never been able to lay their hands upon?
Food for thought as we approach the District Council elections in the beginning of 2019.
