Tura, August 9: Researcher and social worker Cherian G. Momin has opposed the reported demand of the Regional Council Demand Committee (RCDC) seeking support from the Garo Hills Autonomous District Council (GHADC) for the creation of a separate Regional Council for minority Scheduled Tribe communities in Garo Hills.

The proposed Regional Council reportedly covers the Hajong, Koch, Rabha, Boro-Kachari and Mann communities.

Momin said the proposal requires careful examination from constitutional, territorial, customary, administrative and legal perspectives before any political or institutional support is extended.

He clarified that his objection was not against any Scheduled Tribe community or their legitimate constitutional rights. According to him, minority tribal communities in Meghalaya are entitled to dignity, constitutional protection, equitable development, cultural preservation and appropriate representation.

However, he argued that representation should not automatically be equated with a constitutional entitlement to territorial autonomy or the creation of a separate Regional Council within an existing Sixth Schedule autonomous area.

Sixth Schedule Provision

Referring to Paragraph 1(2) of the Sixth Schedule, Momin said the provision empowers the Governor to divide areas inhabited by different Scheduled Tribes into autonomous regions.

He, however, pointed out that the use of the word “may” makes the provision an enabling power and does not make the creation of a separate autonomous territory or Regional Council mandatory for every minority Scheduled Tribe residing within an Autonomous District.

Momin also stressed that recognition as a Scheduled Tribe under Article 342 does not, by itself, confer an automatic right to territorial autonomy.

He maintained that constitutional recognition of a Scheduled Tribe and autonomous administration under the Sixth Schedule operate in different spheres.

According to Momin, the historical description of smaller tribal communities as “unrepresented tribes” should also not be interpreted as automatically creating a right to separate territorial autonomy.

He said concerns relating to political representation, cultural preservation, development and institutional participation should instead be addressed through appropriate constitutional and democratic mechanisms, rather than assuming territorial reorganisation to be the only solution.

Concern Over A’king Land

Momin particularly highlighted the issue of traditional A’king land, which he said is closely connected with Garo customary landholding arrangements, Nokmaship, traditional institutions and the historical organisation of Garo society.

He said the extent, location and legal status of A’king lands falling within any proposed Regional Council area must first be established through authenticated land, cadastral, customary and administrative records.

Authorities, he added, must examine the jurisdiction of the concerned Nokmaships, existing customary institutions and the possible consequences of any change in territorial administration.

He argued that political assurances that Garo traditional rights would remain unaffected cannot substitute for a clearly defined constitutional and administrative framework.

Momin also sought clarity on the exact territory proposed for the Regional Council, villages to be included, the portion of existing GHADC territory that could be affected, the status of A’king lands and the proposed relationship between the Regional Council and the GHADC.

He further questioned what legislative, executive, financial and land-related powers the proposed body would exercise, maintaining that unconditional support should not be extended until these issues are comprehensively addressed.

Calls for Detailed Examination

Momin called upon the Meghalaya Government and the GHADC to obtain the complete RCDC proposal, including precise geographical boundaries, village-wise details, demographic data, proposed institutional structure, powers, financial requirements, land implications and constitutional justification.

He said the proposal should then undergo comprehensive examination with reference to the Constitution, Sixth Schedule, Article 342, the Constitution (Scheduled Tribes) Order, 1950, applicable State laws, land records, customary institutions and the existing constitutional jurisdiction of the GHADC.

Until such an examination is completed, Momin urged the GHADC to refrain from extending blanket or unconditional “in-principle support” to the proposed Regional Council.

He also objected to attempts to portray opposition to the proposal as opposition to minority Scheduled Tribe communities.

“The rights of minority Scheduled Tribes must be protected, but the constitutional, customary and territorial rights of the Garo people must also be protected,” he stated.

Momin maintained that the legitimate aspirations of minority tribal communities should be addressed through constitutional representation, inclusive governance, equitable development and appropriate institutional safeguards while preserving the constitutional and customary foundations of Garo Hills.

He urged the Meghalaya Government, the Governor of Meghalaya and the GHADC to ensure that any future consideration of the RCDC demand is undertaken strictly within the constitutional framework and in a manner that protects the legitimate rights and interests of all tribal communities while safeguarding the customary institutions, A’king lands and territorial identity of Garo Hills.