TURA, Feb 2: The demand for a separate electoral roll for non-tribals in the GHADC by a minority body called Sarvadaliya Sammelan has been rubbished as legally untenable. Social activist from Tura, Cherian Momin on Sunday, termed the demand as a blatant attempt to subvert the constitutional safeguards provided under the Sixth Schedule of the Constitution towards the Scheduled Tribes.
Momin’s reaction comes in the wake of a meeting called by minority leaders under the banner of the Sravadaliya Sammelan, to discuss the GHADC Bill for a separate electoral roll, at Nayapara, Mahendraganj, on Sunday.
“The GHADC is not a general administrative body, nor is it a platform for political bargaining by non-tribal groups. It is a constitutionally mandated autonomous institution, established with the sole purpose of ensuring self-governance and self-determination for the indigenous Garo people. Any effort to restructure its electoral framework in favor of non-tribals constitutes an assault on the constitutional sovereignty of Scheduled Tribes and must be unequivocally rejected,” Momin said.
Momin pointed out that the exclusion of non-tribals from the electoral rolls of GHADC was neither an act of discrimination nor a deviation from constitutional principles; rather, it is a protective mechanism enshrined in law to prevent the political marginalization of indigenous communities within their own jurisdiction. The framers of the Constitution recognized the historical injustices and vulnerabilities faced by Scheduled Tribes, which is why the Sixth Schedule was enacted as an affirmative legal framework to preserve their autonomy. The present demand for non-tribal representation is, therefore, a direct attack on the foundational principles of tribal governance and a constitutional subversion that cannot be tolerated, he said.
According to Momin, the argument that non-tribal settlers should either be granted electoral rights or be territorially excluded from GHADC was also legally flawed. “The land they occupy falls within the customary and legal jurisdiction of the Sixth Schedule, and their continued residence in these areas does not grant them the constitutional right to political representation within a tribal self-governing body. If they assert that they do not belong to the governance structure of GHADC, then it logically follows that their continued occupation of tribal land must also be scrutinized under constitutional and customary land tenure laws,” he felt.
Momin urged constitutional authorities, policymakers, and the judiciary to take cognizance of the matter and prevent any move that threatens the sanctity of the Sixth Schedule.
“The Government of Meghalaya and the Union Government must act decisively to prevent unconstitutional encroachments into the governance of GHADC, lest it opens the floodgates to further legal and political destabilization of Scheduled Areas across the country,” he demanded.
