71 years with End of 2018 and Govt of India yet to honour the Instrument of Accession and Annexed Agreement 17 Aug 1948 – lack of knowledge and understanding by most of the past and present State Govts, MLA, MDCs, and MPs have put us were we are in utter confusion among ourselves.
The constant conflict between central laws and customary laws added with the folly of imagining that the sixth schedule and the Autonomous District Council’s since 1952 would be the protector of the Indigenous Khasi people has all fallen flat. It has only divided the Khasi People when the Jaintia Hills Autonomous District Council was carved away from the United Khasi & Jaintia Autonomous District Council it’s very objective of uniting the Khasi people was defeated when it got divided for political reasons in fact no political party or NGO has ever talked about reuniting the two council’s to correct the Anomaly let alone debating the merits of feeding a white elephant now that the Khasi Jaintia and Garo people have a separate state.
The Constitutional anomaly vis-a-vis the Instrument of Accession and Annexed Agreement accepted by the Govt of India and the twenty five Khasi States is yet to be fulfilled by the Govt of India, as this treaty should have been included under Article 370 of the Constititution of India.
The non fulfilment of the treaty terms have led to numerous crisis for the Khasi Indigenous people some of which are serious lack of understanding by most of the past and present Chief Ministers, State Govts, MLA, MDCs, and MPs a number of them have no idea that the word ” Khasi States” appear in the First Schedule and many don’t know why these words have been included in the first schedule they are strangely content with the relegation of the Khasi States the Sixth Schedule.
Till date another important aspect which is causing serious conflict is the back of recognition of the different levels of customary traditional governance of Dorbar Kur, Dorbar Shnong, Dorbar Raid, and Dorbar Hima most of the Acts and Rules legislated by the ADCs are yet to be tested before Judicial scrutiny. It’s powers to make law is subject to certain subjects only as per para 3 of the Sixth Schedule.
The lack of recognition of the customary land holding system of the Khasi Jaintia and Garo people within the Constitution of India is another area of constant conflict.
Another area of upcoming conflict is The Constitution Schedule Tribes Order 1950 where over 40 schedule tribes have been wrongly listed as tribes within the state of Meghalaya.
The United Khasi–Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act 1959 which is a draconian legislation of the KHADC which was imposed to deminish, lower, hide and destroy the true Customay laws especially the prestige, status and identity of the Syiem, Lyngdoh, Sirdar, Wahadar, Dolloi Myntri, Basan, Syiem Raid, Lyngdoh Raid, Bongthai Raid, Rangbah Shnong, and Sordar Shnong, in Khasi and Jaintia Hills, inspiite of numerous memos to the KHADC there has been no response till date because the KHADC has taken over all the powers and functions of them Dorbar kur, Shnong, Raid and Dorbar Hima and a proof of this can be seen from the fate of the Dorbar Hima Mylliem where transparency is resisted by the KHADC.
The Federation of Khasi State has petitioned the Govt relating to the
over 44 central Acts/Rules (Central Laws), State Laws, and District Council Laws) (The Constitution (Scheduled Tribes) Order, 1950, 1976, 1987, ka Indian Citizenship Act 1955
ate Laws), The Indian Registration Act 1908 , The Meghalaya Transfer of Land (Regulations) Act 1971 and Rules 1974. The UK-JHD (Land Revenue) Regulation, 1953, The Indian Stamp Act 1899 which have been imposed over the Khasi States, The Land Acquisition Act 1894 or the – The Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, The Coal Mines Nationalization Act 1973 and 1976, The Mines and Minerals (Development and Regulation) Act 1957; Land Acquisition (Mines) Act 1885, The Indian Electricity Act 1910 and The Electricity (Supply) Act 1948, (now called The Electricity Act 2003), The Securitisation and Re-construction of Financial Assets and Enforcement of Security Interest Act ,2002, The Atomic Energy Act,1962, The National Highway Act 1956, SEZ Act 2005, The Railway Act 1989, The Registration of Births and Deaths Act 1969 the anomalies in the KHAD (Khasi Social Custom of Lineage) Bill, The Income Tax Act 1961, The Banking Regulation Act 1949, The Companys Act 1956, The Public Debt Act 1944, The Meghalaya Town and Country Planning Act,1973 bad ka the Meghalaya Building Bye Laws; The UK-JHAD ( Establishment of Town Committee) Act 1960 & The UK-JHAD (Establishment of Town Committee) rules 1962 ; The UK-JHAD ( Trading by Non-Tribals) Rules 1959, The Cantonment Act 200and many other central laws which are in conflict with the Instrument if Accession and Annexed Agreement, entered between the Govt of India and the Khasi States.
After so many denials the KHADC has in recent years accepted that it is a sinking ship and has now tried to brainwash the Khasi States into accepting in 2001-2002 the FKTC, then in 2015 came another bill in the name of COTD, and now the latest being “Subordinate” Council. The name itself explains how the Khasi States and their Chiefs aren’t looked down they continue to refuse to allow the Khasi States to have their rightful place within the Constitution as highlighted within the First Schedule of the Constititution of India.
As per the IOA & AA the Syiem, Lyngdoh, Sirdar Hima Khasi States should have been designated as Prime Ministers/Governor of their respective khasi states.
Unfortunately the lack of knowledge and understanding of the people and especially most of the public representatives that today they are demanding and agitating for secondary issues instead of empowering their own system.
With these thoughts in mind we wish all the people of Meghalaya a very happy new year and promise to continue with our pursuit towards awakening all the indigenous people on this very important subject in the new year.
Bah John F Kharshiing,
Ka Dorbar Ki Khlieh Nongsynshar Ka Ri Hynniewtrep & Spokesperson, Federation of Khasi States.