Shillong, Dec 17: The Meghalaya Indigenous Tribes Constitutional Movement (MITCRM) has sought division of the Sixth Schedule into state chapters in the proposed amendment of the Sixth Schedule to the Constitution of India.

This is one of the seven additional provisions proposed by the MITCRM in its petition submitted to the chairman of the Parliamentary Standing Committee on Home Affairs, Anand Sharma on Tuesday.

The petition said, since the Sixth Schedule deals with the identity, rights, customs and traditions of the tribals under its jurisdiction, there is urgent need to divide these into State Chapters viz.: Assam, Meghalaya, Mizoram and Tripura – in the manner of Para 12, 12(A), 12(AA) and 12(B).

“This will ensure that unique traditions like the prevailing Traditional grassroot governance systems like Dorbar Shnong (akin to Village Councils), Dorbar Raid and Dorbar Hima/Elaka can find a place within the constitutional framework. Apart from this, the matrilineal system of the Khasi-Jaintia and Garo will also find a place and mention affording proper Constitutional recognition of the same. This will also enable proper definition of the unique relationship between the future three ATCs of Meghalaya and the Government of Meghalaya under the State Category to avoid confrontation and confusion in their respective administrative functions as well as to streamline governance aimed at deliverance at the grassroot level,” it said.

Proposing the need to amend Para 12 A (b) to return the power of application of Acts of Parliament to the Governor of Meghalaya from the President of India, it said Para 12(A) (b) is a prefacto mechanism to protect tribal rights in the state of Meghalaya. Its origin is found in the Government of India Act, 1935.

“The original Sixth Schedule vested this power to not apply or to apply Acts of Parliament with such exceptions or modifications was with the Governor in the original Para 12. Today there is an urgent need to return back the power to the Governor of Meghalaya. This is also in line with the recommendation of the National Commission on Scheduled Tribes in its Report on Good Governance 2012 for the Scheduled and Tribal Areas,” it added.

The petition said that the same report of 2012 of the National Commission on Scheduled Tribes has recommended the incorporation of a Charter of Tribal Rights into the Constitution of India or the Sixth Schedule more particularly for the four states covered by it.

“This is the time to complete the same to ensure that the Tribal People of Assam, Meghalaya, Mizoram and Tripura are assured their identity, rights, traditions and customs, culture, way of life, religion, education and future is assured in an India united by a unique Constitution,” it said.

On issue of land ownership, the movement said that the issue of Tribal land, its assurance and protection on behalf of the Indigenous tribal owners is an important issue that needs to be addressed in the Constitution of India and the Sixth Schedule.

It said the existing provisions under Para 3(1)(a) this Schedule lack clarity and more often create controversial issues for the Autonomous District and Territorial Councils (ADCs and ATCs) implementing its provisions. In order to rectify the situation, there is need to make changes as per the prevailing circumstances and exigencies of the changing times.

Meanwhile, the petition also asserted the need to review the Scheduled Tribes list of the State of Meghalaya under the Constitution Order 1950 of the President of India by virtue the provisions of Article 342 (2).

“It is seen that the present amendment proposed to include ‘ unrepresented tribes” in the new Khasi Hills Autonomous Territorial Council and the Garo Hills Autonomous Territorial Council as nominated Members. Many tribes included in the President’s Constitution Order 1950 are not Indigenous to the State of Meghalaya. This goes against the constitutional mandate as is evident in the judgement of the Supreme Court of India in Anjan Kumar v. Union of India, AIR 2006 SC 1177, Bir Singh versus Delhi Jal Board (Civil Appeal No 1085 0f 2013 amongst decisions in many cases regarding status of Scheduled Caste and Scheduled Tribes in India and their rights derived thereof. A bill under Article 342(2) has to be simultaneously passed to remove non Indigenous tribes from the President’s Order 1950 for Meghalaya,” it said.

Stating that there are many archaic provisions in the Sixth Schedule which need to be rectified, the petition said this can be done by allowing stakeholders to be involved in the amendment process since the matter is pending before the Standing Committee of the Rajya Sabha.

It further suggested that a separate legal opinion on this matter can be rendered before the Standing Committee on this issue.

This legal opinion is rendered in the interest of the tribal public of Meghalaya in keeping with the changing times and their aspirations and hopes which can be enshrine properly in the Sixth Schedule to the Constitution of India in the present 125th Constitution Amendment Bill 2019, it stated