Cry for Constitutional safeguards of Meitei community
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Oinam Nabakishore Singh
Nowadays, it is a fashion to demand Constitutional safeguards by any community, which perceive themselves to be exposed to various risks. In simple words, safeguard means protection, while Constitutional safeguards refer to the protection to be guaranteed by incorporating relevant and suitable provisions in the Constitution of India. For instance, fundamental rights of individuals like freedom of speech, right to life and liberty, which are included in Part III of the Constitution of India, are inviolable.
When Manipur was granted the status of Statehood in 1972, Article 371C was inserted in the Constitution of India. Under the said Article, the President of India, may by order provide for constitution and functions of a committee of the Legislative Assembly consisting of members of Legislative Assembly elected from the Hill Areas of Manipur, for the modifications to be made in the rules of business of the Government and rules of procedure of the Legislative Assembly of Manipur and for any special responsibility of the Governor in order to secure functioning of such committee. Clause (2) of Article 371C further states that the Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas. This special provision is required to provide safeguards in the administration of Hill areas of Manipur.
What are the possible safeguards needed by the Meitei community in Manipur ? As a community, Meiteis are proud of their rich cultural heritage. A frequent utterance by proud Meiteis is reference to their recorded history of kingdoms in Cheitharol Kumbaba, a Royal Chronicle, spanning two thousand years beginning in 33 AD. Such continuous settlement at one place for a long time under a king or kings allowed civilization to thrive in the State.
Another enabling factor to allow people to devote time to arts and culture, and sports was adequate income from settled agriculture, more than sufficient to meet requirement of food grains for consumption, availability of abundant fish from several lakes and water bodies, and trade and commerce with neighboring countries. Both traditional and new religions fostered development of distinct and unique dance forms, which graduated to classical dance status. Initially, Manipuri dance was one of four recognized classical dances in India. Further, art, music, performing dance, literature, etc. of Meiteis have also been recognized at National and international levels.
Meiteis are further proud to be the only community in the North Eastern part of India, who have their own written script. The said script was put to disuse after it was abandoned under the influence of outsiders. Handloom weaving has been an important aspect of Meitei women’s way of life. Manipuri Handloom products are popular for the unique colour, design and quality across the country. These facts and way of life of Meiteis including many cultural attributes like Ras Leela, Nat Sankritan, martial arts, games and sports help in constituting identity of Meiteis. All Meiteis would like to preserve their distinct identity in the fast-changing time. Meitei society is witnessing constant onslaught from other cultures through several media including digital media.
In a pluralistic society composed of multi-ethnic groups, political space assumes all the more significance. Democracy runs on numbers–more the representation, the better and louder the voice. In the house of Manipur Legislative Assembly with sixty members, reservation is made for nine-teen seats for the tribal groups and one seat for Scheduled Caste community leaving forty one seats for the general category. Although Kangpokpi Constituency is for general category, it has returned tribal candidates over the last few decades. Practically, the number of tribal MLAs is twenty in almost all terms of Manipur Assembly. In the last about twenty-seven years, after Shri Rishang Keishing was Chief Minister, Meiteis have been ruling the State as Chief Minister. In fact, Shri Rishang Keishing from Naga tribe, was one of the longest serving Chief Ministers–from 1980 to 1988, 1994 to 1998. Besides, Shri Yangmasho Shaiza, a Tangkhul Naga also served as Chief Minister from July 1974 to December 1974 and from June, 1977 to November 1979. No eyebrow was raised by Meiteis when a tribal held the post of Chief Minister in Manipur. Now, in contrast, many tribal leaders, especially those belonging to Kuki-Zo group, are quick to characterize the administration in Manipur to be by majority Meiteis, and convey a sense of dominance by the latter, which is far from truth.
When the exercise of delimitation was initiated in 2002 after Census, 2001, the then Manipur Government headed by Shri Okram Ibobi Singh pointed out abnormal growth of population by upto 165% in Purul, Paomata, Mao sub-divisions in Senapati district, and by about 30% in Chandel and Ukhrul as against about 15% in the valley districts over ten year period from 1991 to 2001. They knocked the door of Guwahati High Court to stay the delimitation without correction of census data in Senapati and other districts, which recorded inexplicable population growth. Had the delimitation been carried out based on the Census data of 2001, valley districts were projected to lose about four to five Assembly Constituencies. The unabated influx of illegal migrants from Chin State of Myanmar to Manipur is going to upset the ratio of seats in the Assembly, given the fact that delimitation is based on population. There is a legitimate concern among the Meiteis for safeguarding against possible reduction of their representation in both Assembly and Parliament. Protecting political space is predominant in their mind.
Meiteis are also greatly concerned about the limitation of space where they can settle and carry on their business. Valley areas of Manipur, where Meiteis mostly live, constitute less than ten percent of the total area. It is shrinking gradually, while pressure on land is increasing to accommodate increasing population and business. Many poor Meitei families had to migrate to hill districts, which have suitable flat areas in search of livelihood.
It is inevitable for Meiteis to go to hills to survive and sustain. In fact, several villages in Churachandpur district were inhabited before 3rd May, 2023 by Meiteis by coming from different parts of the valley. There is a misconception about the legal position on transfer of land from tribal to non-tribal by those who do not fully understand the provisions of Manipur Land Revenue and Land Reforms Act, 1960. For the sake of proper understanding, Section 158 is reproduced here–
Special provision regarding Scheduled Tribes.—No transfer of land by a person who is a member of the Scheduled Tribes shall be valid unless— (a) the transfer is to another member of the Scheduled Tribe; or (b) where the transfer is to a person who is not a member of any such tribe, it is made with the previous permission in writing of the Deputy Commissioner; or (c) the transfer is by way of mortgage to a co-operative society.
Land here means surveyed land, and not non-surveyed land in the hills. There have many instances where survey land belonging to tribal is transferred to non-tribal both in the valley and hill districts with previous consent of the concerned Deputy Commissioners. In hill districts, Deputy Commissioner is required to obtain approval of concerned Autonomous District Council before giving consent to the transfer of land from tribal to non-tribal. In fact, on the ground, it is the order of militant groups in the hill districts inhabited both by Naga and Kuki prohibiting such transfer of land. There is a need for bringing the militant groups to the table to convince them that there is need for space in the hill areas for the Meiteis and encourage the spirit of existence together. Safeguard for space for Meitei is required to be provided through an amendment of Constitution.
Demand for Scheduled Tribe status by some Meitei CSOs has nothing to do with claim over the land in hill areas as Scheduled Tribe status. Any ST status will not allow them to claim any land. Mixing the ST demand with access to land in hill areas has caused a lot of misgiving and apprehension among the tribal people in Manipur. Further, unlike in other States, tribal bodies in Manipur have been resorting to open resistance and protests to any legitimate demand by Meiteis. It is unfortunate to read by the tribal leaders of any benefit to the Meiteis to be detrimental to tribal. Whether Meiteis qualify to be included in the list of Scheduled Tribe or not, based on ethnographic survey, has to be decided by statutory bodies like Registrar General of Census, National Commission for Scheduled Tribes and Parliament after due recommendation by the concerned State Government. It will serve well if the All Tribal Students’ Union, Manipur (ATSUM) which spearheaded the movement against inclusion of Meiteis in the list of Scheduled List, that similar demand from seven plain tribes of Assam are not opposed by existing Scheduled Tribe there. In order to assuage their apprehension, there can be an assurance from the State Government that their existing quota in jobs and admissions in higher education in Manipur would remain unchanged, while Meitei tribe may compete with other tribes in India at National level.
In a plural society like that of Manipur, it is imperative for the administrators to foster fairness and justice among all groups. Any unaddressed grievance, legitimate or otherwise, will ultimately give rise to conflicts and separatism. It will not be an overstatement to say that development alone is not sufficient. Constant effort to address underlying and unspoken grievance of any group by those at the helm help in promotion of an equitable and harmonious society.
The writer is former Chief Secretary, Manipur Government and a retired IAS officer
Nowadays, it is a fashion to demand Constitutional safeguards by any community, which perceive themselves to be exposed to various risks. In simple words, safeguard means protection, while Constitutional safeguards refer to the protection to be guaranteed by incorporating relevant and suitable provisions in the Constitution of India. For instance, fundamental rights of individuals like freedom of speech, right to life and liberty, which are included in Part III of the Constitution of India, are inviolable.
When Manipur was granted the status of Statehood in 1972, Article 371C was inserted in the Constitution of India. Under the said Article, the President of India, may by order provide for constitution and functions of a committee of the Legislative Assembly consisting of members of Legislative Assembly elected from the Hill Areas of Manipur, for the modifications to be made in the rules of business of the Government and rules of procedure of the Legislative Assembly of Manipur and for any special responsibility of the Governor in order to secure functioning of such committee. Clause (2) of Article 371C further states that the Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas. This special provision is required to provide safeguards in the administration of Hill areas of Manipur.
What are the possible safeguards needed by the Meitei community in Manipur ? As a community, Meiteis are proud of their rich cultural heritage. A frequent utterance by proud Meiteis is reference to their recorded history of kingdoms in Cheitharol Kumbaba, a Royal Chronicle, spanning two thousand years beginning in 33 AD. Such continuous settlement at one place for a long time under a king or kings allowed civilization to thrive in the State.
Another enabling factor to allow people to devote time to arts and culture, and sports was adequate income from settled agriculture, more than sufficient to meet requirement of food grains for consumption, availability of abundant fish from several lakes and water bodies, and trade and commerce with neighboring countries. Both traditional and new religions fostered development of distinct and unique dance forms, which graduated to classical dance status. Initially, Manipuri dance was one of four recognized classical dances in India. Further, art, music, performing dance, literature, etc. of Meiteis have also been recognized at National and international levels.
Meiteis are further proud to be the only community in the North Eastern part of India, who have their own written script. The said script was put to disuse after it was abandoned under the influence of outsiders. Handloom weaving has been an important aspect of Meitei women’s way of life. Manipuri Handloom products are popular for the unique colour, design and quality across the country. These facts and way of life of Meiteis including many cultural attributes like Ras Leela, Nat Sankritan, martial arts, games and sports help in constituting identity of Meiteis. All Meiteis would like to preserve their distinct identity in the fast-changing time. Meitei society is witnessing constant onslaught from other cultures through several media including digital media.
In a pluralistic society composed of multi-ethnic groups, political space assumes all the more significance. Democracy runs on numbers–more the representation, the better and louder the voice. In the house of Manipur Legislative Assembly with sixty members, reservation is made for nine-teen seats for the tribal groups and one seat for Scheduled Caste community leaving forty one seats for the general category. Although Kangpokpi Constituency is for general category, it has returned tribal candidates over the last few decades. Practically, the number of tribal MLAs is twenty in almost all terms of Manipur Assembly. In the last about twenty-seven years, after Shri Rishang Keishing was Chief Minister, Meiteis have been ruling the State as Chief Minister. In fact, Shri Rishang Keishing from Naga tribe, was one of the longest serving Chief Ministers–from 1980 to 1988, 1994 to 1998. Besides, Shri Yangmasho Shaiza, a Tangkhul Naga also served as Chief Minister from July 1974 to December 1974 and from June, 1977 to November 1979. No eyebrow was raised by Meiteis when a tribal held the post of Chief Minister in Manipur. Now, in contrast, many tribal leaders, especially those belonging to Kuki-Zo group, are quick to characterize the administration in Manipur to be by majority Meiteis, and convey a sense of dominance by the latter, which is far from truth.
When the exercise of delimitation was initiated in 2002 after Census, 2001, the then Manipur Government headed by Shri Okram Ibobi Singh pointed out abnormal growth of population by upto 165% in Purul, Paomata, Mao sub-divisions in Senapati district, and by about 30% in Chandel and Ukhrul as against about 15% in the valley districts over ten year period from 1991 to 2001. They knocked the door of Guwahati High Court to stay the delimitation without correction of census data in Senapati and other districts, which recorded inexplicable population growth. Had the delimitation been carried out based on the Census data of 2001, valley districts were projected to lose about four to five Assembly Constituencies. The unabated influx of illegal migrants from Chin State of Myanmar to Manipur is going to upset the ratio of seats in the Assembly, given the fact that delimitation is based on population. There is a legitimate concern among the Meiteis for safeguarding against possible reduction of their representation in both Assembly and Parliament. Protecting political space is predominant in their mind.
Meiteis are also greatly concerned about the limitation of space where they can settle and carry on their business. Valley areas of Manipur, where Meiteis mostly live, constitute less than ten percent of the total area. It is shrinking gradually, while pressure on land is increasing to accommodate increasing population and business. Many poor Meitei families had to migrate to hill districts, which have suitable flat areas in search of livelihood.
It is inevitable for Meiteis to go to hills to survive and sustain. In fact, several villages in Churachandpur district were inhabited before 3rd May, 2023 by Meiteis by coming from different parts of the valley. There is a misconception about the legal position on transfer of land from tribal to non-tribal by those who do not fully understand the provisions of Manipur Land Revenue and Land Reforms Act, 1960. For the sake of proper understanding, Section 158 is reproduced here–
Special provision regarding Scheduled Tribes.—No transfer of land by a person who is a member of the Scheduled Tribes shall be valid unless— (a) the transfer is to another member of the Scheduled Tribe; or (b) where the transfer is to a person who is not a member of any such tribe, it is made with the previous permission in writing of the Deputy Commissioner; or (c) the transfer is by way of mortgage to a co-operative society.
Land here means surveyed land, and not non-surveyed land in the hills. There have many instances where survey land belonging to tribal is transferred to non-tribal both in the valley and hill districts with previous consent of the concerned Deputy Commissioners. In hill districts, Deputy Commissioner is required to obtain approval of concerned Autonomous District Council before giving consent to the transfer of land from tribal to non-tribal. In fact, on the ground, it is the order of militant groups in the hill districts inhabited both by Naga and Kuki prohibiting such transfer of land. There is a need for bringing the militant groups to the table to convince them that there is need for space in the hill areas for the Meiteis and encourage the spirit of existence together. Safeguard for space for Meitei is required to be provided through an amendment of Constitution.
Demand for Scheduled Tribe status by some Meitei CSOs has nothing to do with claim over the land in hill areas as Scheduled Tribe status. Any ST status will not allow them to claim any land. Mixing the ST demand with access to land in hill areas has caused a lot of misgiving and apprehension among the tribal people in Manipur. Further, unlike in other States, tribal bodies in Manipur have been resorting to open resistance and protests to any legitimate demand by Meiteis. It is unfortunate to read by the tribal leaders of any benefit to the Meiteis to be detrimental to tribal. Whether Meiteis qualify to be included in the list of Scheduled Tribe or not, based on ethnographic survey, has to be decided by statutory bodies like Registrar General of Census, National Commission for Scheduled Tribes and Parliament after due recommendation by the concerned State Government. It will serve well if the All Tribal Students’ Union, Manipur (ATSUM) which spearheaded the movement against inclusion of Meiteis in the list of Scheduled List, that similar demand from seven plain tribes of Assam are not opposed by existing Scheduled Tribe there. In order to assuage their apprehension, there can be an assurance from the State Government that their existing quota in jobs and admissions in higher education in Manipur would remain unchanged, while Meitei tribe may compete with other tribes in India at National level.
In a plural society like that of Manipur, it is imperative for the administrators to foster fairness and justice among all groups. Any unaddressed grievance, legitimate or otherwise, will ultimately give rise to conflicts and separatism. It will not be an overstatement to say that development alone is not sufficient. Constant effort to address underlying and unspoken grievance of any group by those at the helm help in promotion of an equitable and harmonious society.
The writer is former Chief Secretary, Manipur Government and a retired IAS officer