Facts about Article 371-CAttempts to tinker with it could trigger bigger ramifications

Ngaranmi Shimray
Contd from previous issue
Article 371-C, like other Articles under category from A to H and J have been made for different States taking into account their historical legacies, unique circumstances and regional demands of the States. For instance in respect of North Eastern States - Article 371A grants special provisions to Nagaland, protecting social practices, land ownership etc. Article 371B provides for the special provisions for the State of Assam under which the President is empowered to provide for the creation of a committee of the Assam Legislative Assembly consisting of members elected from the Tribal Areas of the State and such other members as he may specify. Article 371C for Manipur provides for special provisions to safeguard the matters related to the Hill Areas of the State are ensured.
Article 371F gives special provisions with respect to the State of Sikkim as it transited from an independent kingdom to become a full fledged State of the Indian Union. Article 371G - provides the State of Mizoram a special provision to protect Mizo religious and social practices, customary law, civil and criminal justice, and land ownership. Article 371H - Special provision is given to the Governor with respect to law and order for the State of Arunachal Pradesh. When the Constitution was adopted in 1950 the Hill Areas of Manipur were relatively under developed and backward. Their situation has not changed much compared to that of Imphal valley which has developed by leaps and bounds. Article 371-C is a special provision provided for the Hill Areas of Manipur as done for other States in the North Eastern region to protect the interest of the vulnerable tribes living in the Hill Areas and any attempt to remove it or to amend it would have severe consequences.
Captain Singh stated that Article 371-C sowed the seeds of narrow ethnic politics and failed to promote harmony among the various ethnic communities. As already stated above, Article 371-C and its concomitant documents provided for continuation of the spirit of safeguards given in the Act of 1963. Article 371 A to H and J have been provided for many North Eastern States and some States in mainland India to safeguard and protect historical legacies, unique circumstances and regional demands of the States. Article 371-C, if it is allowed to function properly with the support of the State Government, Speaker and the Governor, has potential to be a bridge between the people of the Hill Areas and the State Government. The dominant community who controls the Government should be aware of the dangers of suggesting the removal or amendment of Article 371-C which would be detrimental to the interest of the tribes and the Hill Areas. Attempts of this nature has the risk of it being construed as an assault on the rights of the tribal people of the State; an attempt to take away the only protection given to them by the Constitution and could be viewed as an act of aggression. Acting on such idea could trigger a larger conflict between the tribes and non-tribes engulfing the region in flames.
The Order dated 20th June 1972 under para 4(5)(b) states that the Hill Areas Committee (HAC) in its functioning shall endeavour to:- “promote unity between the people of the Hill Areas and other areas of the State by aiming at an integrated and evenly based economic growth of those areas and augment the resources of the State as a whole.” The irony is that the HAC has not been allowed to function properly by the State Government and the Speaker of the Assembly. The HAC is mandated by the Order dated 20th June 1972 to “promote unity between the people of the Hill Areas and other areas of the State” apart from the functions listed under The Second Schedule, but it has not been supported sufficiently rendering it ineffective and non-functional. The State Government and the Speaker should entrust the task to the HAC for bringing about unity between the warring Meiteis and Kuki-Zo entangled in the current conflict by allowing it to convene its meetings in a suitable location outside Imphal valley within the State or even outside the State as Imphal city for the moment is out of bounds to the ten Kuki-Zo MLAs. This task needs to be assigned as soon as possible in the interest of resolving the ethnic clashes and bringing about communal harmony and coexistence of different communities in the State.
Captain Singh has stated that on account of non-availability of land and resources in 90% of Manipur’s geographical area the development process of the State has been paralysed. The Meiteis by virtue of being the relatively advanced community, with the largest population and State capital situated in the centre of Manipur have been able to get whatever they want. They got Manipuri script included in the Eighth Schedule of the Constitution and the Meiteis have an advantage now as many Govt service recruit-ments are allowed in Mani- puri language. But when it comes to the demand of the tribes for extension of the Sixth Schedule to the Hill Areas it has been obstructed under one pretext or the other. All major infrastructures and institutions are located in Imphal valley while the hill district headquarters have hardly anything worth mentioning.
If development has to take place henceforth it should be in the hill district headquarters with special economic zones at the border areas and not in Imphal valley or the foothills surrounding Imphal valley. Everything cannot be concentrated in the Imphal valley and the foothills.
There has to be decentralisation to decongest Imphal valley and set up infrastructure and institutions in the district headquarters, but this thought is not in the minds of the Meitei leadership. They cannot fathom anything beyond Imphal valley and its immediate vicinity.
The tribes have many grievances and the main one is the opposition by the State Government, which is controlled by the dominant Meitei community, to the demand for extension of the Sixth Schedule to the Hill Areas. This attitude of denying the legitimate demands of the tribes for half a century since the 1970s is becoming unacceptable to the tribes. The tribes have seen the benefits reaped under the empowered Panchayati Raj system guaranteed now by the Constitution for the Imphal valley, the autonomy of Sixth Scheduled Areas in the North Eastern States and now the Bodoland Territorial Council and are deman- ding for having similarly empowered local self Government.(To be contd)