By Gin Gangte
With 'self-governance' as the crying theme, a Consultation paper on "Empowering and Strengthening of Panchayati Raj Institutions/Autonomous District councils/Traditional trib§al governing institutions in North-East India" was released for public discussion and debate by the National Commission to Review the Working of the Constitution (NCRWC) recently. The Consultation paper, a copy of which is available with this correspondent suggests a wide range of administrative and structural changes with the core principle of giving greatest degree of individual and community independence in terms of decision-making and implementation. Invoking of traditional tribal institutions, participations of women in governance and administration, constitution of State Election Commission (SECs) on the lines of the Central Election Commission and State Finance Commission, application of the provisions of the Anti-Defection Law to all Sixth Schedule areas, etc. are some of the basic suggestions put forth by the Commission.
The Consultation paper looks into detail about the governance and administration of the region - from the historical angle of tribal institutions to the present day system of democratic participation. Written and edited by Sanjoy Hazarika - an authority on North-East, the Consultation paper is however not the final recommendation of the Commission. Its objective lies in eliciting public discussion, debate and response or more appropriately as the Commission pointed out "aims at developing interest, generating information and involvement in such a process of review leading to change".
Taking up the case of the State of Assam, the Commission suggests for the extension of Sixth Schedule to the Bodoland Autonomous Council with protection for non-tribal, non-Bodo groups. It also calls for upgradation of other Autonomous Councils to that of Autonomous Development Councils with more Central funds for infrastructure development and be within the purview of the 73rd Amendment of the Constitution.
The paper also suggests that all District Councils, whether described as Autonomous or otherwise and other local governing bodies (PR system as well) may examine the possibility of adopting the thirty subjects controlled by the Karbi Anglong and North Cachar Hills Autonomous District Councils. It also proposed for the application of Anti-Defection Law in the district councils. Significantly, the Commission suggests for regular audit of accounts and finances of the councils by the Comptroller and Auditor-General of India instead of the State Auditor-General.
The Commission notes that, "the Government of India should seriously consider the request to extend the Sixth Schedule provisions to the Manipur Hill areas". Acknowledging the importance of tribal institutions, the Commission further adds "it (Govt.) should also consider invoking and involving the traditional tribal institutions of the various hill tribes as a Tier of the Autonomous District Council".
The hopes and aspirations of the Kukis were however nailed down by the Commission when it skipped out in toto about the subject of Kukis demand for 'homeland' within the State of Manipur. Nor does the paper mention about various successionist movements that are very much alive and kicking in the state. The Commission plainly comments "The Hills of Manipur are dominated by various Naga Tribes, including the Tangkhuls. There is a separate community, the Kukis, which has been pitted against the Tangkhuls, both politically and in terms of militancy, and which dominates one of the hill districts, i.e. Churachandpur".
In case of Arunachal Pradesh, the Commission calls for integration of traditional governing systems such as the Kebang in the local governing systems. Kebang is a traditional gathering of villagers which meets to sort out problems such as adultery, theft, etc. "It is proposed that members of the Kebang be associated with the gaon panchayats and encouraged to contest elections" notes the Commission. Another suggestion pertains to women representation where it was suggested that not less than four women may be nominated to each unit of each tier (by the Panchayat chairperson) and the size of the Panchayat be increase accordingly.
The problems of Bru (Reangs), Paites and Hmars are some of the issues taken up by the Commission in regards to the State of Mizoram. The Consultation paper says "The Mizo situation is extremely complex for it brings into sharp focus the difficulties of governance in the region which has multiple micro-minorities and a 'national' minority (i.e. the Mizos) as the State majority". The Commission felt the dire need to take up cases relating to the demands from groups such as the Paites in western Mizoram, the Hmars (who already have a Hill Development Council) and the Brus (Reangs) for autonomous District Councils when it says "Otherwise, there is every possibility of radicalisation growing, especially among the youth".
The Paper made special mention of the plight of Bru (Reangs) people, many of the whom were evicted and have taken refuge in neighbouring Tripura by what the Commission termed as "a campaign against them." "The Bru have demanded a separate autonomous council which is opposed by the State Government" maintains the Commission.
Coming to the State of Meghalaya, the Consultation paper says "It is suggested that provisions for decentralisation in any form should always take into account the need for democratisation and gender justice. In Meghayala, five members of each of the three Autonomous District Councils should also be elected from the First Tier. This should include the traditional chiefs/rajas (Syiems)".
On the functioning of the District Councils, the Commission felt the lacunae in their lack of financial powers and their subsequent dependence on State Governments. Offering suggestions to overcome the problem, the Consultation paper suggests "This dependance can be reduced with the appointment of a State Finance Commission which can authorise the division of the funds necessary for the smooth functioning of the Councils".
The Consultation paper also touch upon the extremely sensitive issue of possibility of a political role for women in the District Councils and traditional institutions. While reservations of one-third of all seats for women, as in the panchayats and nagar palikas may not be acceptable because of the difficult political and social question of matrilineal system of inheritance and controls on society in Meghalaya, the Commission advocates the local governing systems to accept the basis of gender representation. "The State Governor should be empowered to nominate women to not less than three seats in each District Council", notes the paper.
The Commission extensively deals on the Naga issue and Nagaland. While making a passing reference to the creation of the State of Nagaland in 1963, the most interesting part of suggestion relates to the current context of Naga society. The Consultation paper says "There should be careful consideration of a non-territorial approach to the overall Naga issue, particularly in the light of the tragic incidents in Manipur and opposition in Assam and Arunachal Pradesh to the extension of the ceasefire area between the Government of India and National Socialist Council of Nagaland (I-M) to parts of the NER, outside Nagaland".
The suggestion offered by Prof. B.K. Roy Burman advocating the 'Sami model of Scandinavia' to solve the complex Naga issue does not find favour with the Commission when it says "Such an approach would trigger many demands for similar arrangements in different parts of the country along its borders, including Myanmar and Bangladesh which would be totally unacceptable, not just to the Government of India but also many areas of public opinion". The Commission further conceded that, matters with regard to Nagaland depend on a long-term settlement of the political issues being discussed between the Naga leadership and the Government of India.
In the section on 'general observations', the Consultation paper discussed the following listed points, although, the Commission says, beyond its scope :-
a) That Identity cards be made mandatory for all Indians resident in the North East, to begin with, and that the national Citizenship law be reviewed to plug loopholes which enable illegal settlers to become "virtual" citizens in a short space of time, using a network of touts, politicians and officials.
b) That local communities be involved in the monitoring of our borders, in association with the local police and Border Security Force.
c) That, given the demographic imbalance which is taking place in the North-East as a result of migration from Bangladesh, Nepal and also of settlers from other parts of India and to disable such groups form entering electoral lists and the citizenship rolls of this country, that reservations for the local communities and minorities from other parts of the country be made in the State Legislature.
d) That a National Immigration Commission be set up under law to examine a range of issues including Work Permits for legal migrants, Identity cards for all residents, a National Migration Law, a National Refugee Law, to review the Citizenship Act, the Illegal Migrants Determination by Tribunal Act and the Foreigners Act.
e) The Central Government should consider authorizing a further study to evolve proposals and framework for the Noga situation, one of the most challenging tasks before the Constitution, Government and civil society. This could serve as a platform for discussion and political change in the region.
The Commission does not failed in its duty when it sounded alert the people of the North-East to choose which sides of the given coin. "The choices before the North-East are not easy" asserts the Commission," between local self-governance and self-determination, between survival and devastation, between accountability, transparency and responsibility on the one side and corruption, continuing poverty and conflict on the other". Well, the choice is challenging and arduous. But none can escape from reality and truth. Act now or never. The choice is yours.
Courtesy: www.e-pao.net
With 'self-governance' as the crying theme, a Consultation paper on "Empowering and Strengthening of Panchayati Raj Institutions/Autonomous District councils/Traditional trib§al governing institutions in North-East India" was released for public discussion and debate by the National Commission to Review the Working of the Constitution (NCRWC) recently. The Consultation paper, a copy of which is available with this correspondent suggests a wide range of administrative and structural changes with the core principle of giving greatest degree of individual and community independence in terms of decision-making and implementation. Invoking of traditional tribal institutions, participations of women in governance and administration, constitution of State Election Commission (SECs) on the lines of the Central Election Commission and State Finance Commission, application of the provisions of the Anti-Defection Law to all Sixth Schedule areas, etc. are some of the basic suggestions put forth by the Commission.
The Consultation paper looks into detail about the governance and administration of the region - from the historical angle of tribal institutions to the present day system of democratic participation. Written and edited by Sanjoy Hazarika - an authority on North-East, the Consultation paper is however not the final recommendation of the Commission. Its objective lies in eliciting public discussion, debate and response or more appropriately as the Commission pointed out "aims at developing interest, generating information and involvement in such a process of review leading to change".
Taking up the case of the State of Assam, the Commission suggests for the extension of Sixth Schedule to the Bodoland Autonomous Council with protection for non-tribal, non-Bodo groups. It also calls for upgradation of other Autonomous Councils to that of Autonomous Development Councils with more Central funds for infrastructure development and be within the purview of the 73rd Amendment of the Constitution.
The paper also suggests that all District Councils, whether described as Autonomous or otherwise and other local governing bodies (PR system as well) may examine the possibility of adopting the thirty subjects controlled by the Karbi Anglong and North Cachar Hills Autonomous District Councils. It also proposed for the application of Anti-Defection Law in the district councils. Significantly, the Commission suggests for regular audit of accounts and finances of the councils by the Comptroller and Auditor-General of India instead of the State Auditor-General.
The Commission notes that, "the Government of India should seriously consider the request to extend the Sixth Schedule provisions to the Manipur Hill areas". Acknowledging the importance of tribal institutions, the Commission further adds "it (Govt.) should also consider invoking and involving the traditional tribal institutions of the various hill tribes as a Tier of the Autonomous District Council".
The hopes and aspirations of the Kukis were however nailed down by the Commission when it skipped out in toto about the subject of Kukis demand for 'homeland' within the State of Manipur. Nor does the paper mention about various successionist movements that are very much alive and kicking in the state. The Commission plainly comments "The Hills of Manipur are dominated by various Naga Tribes, including the Tangkhuls. There is a separate community, the Kukis, which has been pitted against the Tangkhuls, both politically and in terms of militancy, and which dominates one of the hill districts, i.e. Churachandpur".
In case of Arunachal Pradesh, the Commission calls for integration of traditional governing systems such as the Kebang in the local governing systems. Kebang is a traditional gathering of villagers which meets to sort out problems such as adultery, theft, etc. "It is proposed that members of the Kebang be associated with the gaon panchayats and encouraged to contest elections" notes the Commission. Another suggestion pertains to women representation where it was suggested that not less than four women may be nominated to each unit of each tier (by the Panchayat chairperson) and the size of the Panchayat be increase accordingly.
The problems of Bru (Reangs), Paites and Hmars are some of the issues taken up by the Commission in regards to the State of Mizoram. The Consultation paper says "The Mizo situation is extremely complex for it brings into sharp focus the difficulties of governance in the region which has multiple micro-minorities and a 'national' minority (i.e. the Mizos) as the State majority". The Commission felt the dire need to take up cases relating to the demands from groups such as the Paites in western Mizoram, the Hmars (who already have a Hill Development Council) and the Brus (Reangs) for autonomous District Councils when it says "Otherwise, there is every possibility of radicalisation growing, especially among the youth".
The Paper made special mention of the plight of Bru (Reangs) people, many of the whom were evicted and have taken refuge in neighbouring Tripura by what the Commission termed as "a campaign against them." "The Bru have demanded a separate autonomous council which is opposed by the State Government" maintains the Commission.
Coming to the State of Meghalaya, the Consultation paper says "It is suggested that provisions for decentralisation in any form should always take into account the need for democratisation and gender justice. In Meghayala, five members of each of the three Autonomous District Councils should also be elected from the First Tier. This should include the traditional chiefs/rajas (Syiems)".
On the functioning of the District Councils, the Commission felt the lacunae in their lack of financial powers and their subsequent dependence on State Governments. Offering suggestions to overcome the problem, the Consultation paper suggests "This dependance can be reduced with the appointment of a State Finance Commission which can authorise the division of the funds necessary for the smooth functioning of the Councils".
The Consultation paper also touch upon the extremely sensitive issue of possibility of a political role for women in the District Councils and traditional institutions. While reservations of one-third of all seats for women, as in the panchayats and nagar palikas may not be acceptable because of the difficult political and social question of matrilineal system of inheritance and controls on society in Meghalaya, the Commission advocates the local governing systems to accept the basis of gender representation. "The State Governor should be empowered to nominate women to not less than three seats in each District Council", notes the paper.
The Commission extensively deals on the Naga issue and Nagaland. While making a passing reference to the creation of the State of Nagaland in 1963, the most interesting part of suggestion relates to the current context of Naga society. The Consultation paper says "There should be careful consideration of a non-territorial approach to the overall Naga issue, particularly in the light of the tragic incidents in Manipur and opposition in Assam and Arunachal Pradesh to the extension of the ceasefire area between the Government of India and National Socialist Council of Nagaland (I-M) to parts of the NER, outside Nagaland".
The suggestion offered by Prof. B.K. Roy Burman advocating the 'Sami model of Scandinavia' to solve the complex Naga issue does not find favour with the Commission when it says "Such an approach would trigger many demands for similar arrangements in different parts of the country along its borders, including Myanmar and Bangladesh which would be totally unacceptable, not just to the Government of India but also many areas of public opinion". The Commission further conceded that, matters with regard to Nagaland depend on a long-term settlement of the political issues being discussed between the Naga leadership and the Government of India.
In the section on 'general observations', the Consultation paper discussed the following listed points, although, the Commission says, beyond its scope :-
a) That Identity cards be made mandatory for all Indians resident in the North East, to begin with, and that the national Citizenship law be reviewed to plug loopholes which enable illegal settlers to become "virtual" citizens in a short space of time, using a network of touts, politicians and officials.
b) That local communities be involved in the monitoring of our borders, in association with the local police and Border Security Force.
c) That, given the demographic imbalance which is taking place in the North-East as a result of migration from Bangladesh, Nepal and also of settlers from other parts of India and to disable such groups form entering electoral lists and the citizenship rolls of this country, that reservations for the local communities and minorities from other parts of the country be made in the State Legislature.
d) That a National Immigration Commission be set up under law to examine a range of issues including Work Permits for legal migrants, Identity cards for all residents, a National Migration Law, a National Refugee Law, to review the Citizenship Act, the Illegal Migrants Determination by Tribunal Act and the Foreigners Act.
e) The Central Government should consider authorizing a further study to evolve proposals and framework for the Noga situation, one of the most challenging tasks before the Constitution, Government and civil society. This could serve as a platform for discussion and political change in the region.
The Commission does not failed in its duty when it sounded alert the people of the North-East to choose which sides of the given coin. "The choices before the North-East are not easy" asserts the Commission," between local self-governance and self-determination, between survival and devastation, between accountability, transparency and responsibility on the one side and corruption, continuing poverty and conflict on the other". Well, the choice is challenging and arduous. But none can escape from reality and truth. Act now or never. The choice is yours.
Courtesy: www.e-pao.net
