KHADC passes resolution to implement ILP

Shillong Oct 25: A resolution to urge the Governor to apply the provisions of the Bengal Eastern Frontier Regulation, 1873 for implementing the Inner Line Permit (ILP) was passed by the Khasi Hills Autonomous District Council on Thursday.

The Khasi Hills Autonomous District (Inner Line as adapted from the Eastern Frontier Regulation, 1873) Regulation Bill, 2018 was introduced by KHADC chief executive member, Hispreaching Son Shylla on the first day of the two-day special session of the Council on Thursday.

While tabling the resolution in the House, Shylla said, “Now, this House do resolve to urge the Governor to apply the provisions of the Bengal Eastern Frontier Regulation (BEFR), 1873 as adopted and modified in the form of the KHAD (Inner Line as adapted from the Eastern Frontier Regulation, 1873) Regulation Bill, 2018.”

He said that the BEFR, 1873 being one of the regulation included in the United Khasi-Jaintia Hills District (Application of Laws) Regulation, 1952 which is in force in the KHADC, is now adapted in the form of KHAD (The Inner Line) Regulation, 2018.

Stating that an alarming situation has developed arising out of the implementation of the National Register of Citizens (NRC) in Assam resulting in mass migration of illegals, he said, “Apart from this, the unchecked migration of Indian citizens into the Khasi Hills Autonomous District is also posing a grave danger for the ethnics Khasi tribe who are recognized as Scheduled Tribes under the Constitution of India.”

He pointed out that the Constitution of India in Part III pertaining to Fundamental Rights under Article 19 (5) relating to free movement and residence within the territory of India under Article 19 (1) (d) and (e) are limited by Article 19 (5) which has provided for the imposition of reasonable restrictions by the state for the interest of the Scheduled Tribes.

“Under the said Part III, the Khasi Hills Autonomous District Council under the provision of Article 12 falls within the definition of state,” he said.

The KHADC chief informed the House that the decision to bring both the resolution and the Bill was based on the direction of the state government with regards to a memorandum submitted by the Hynniewtrep Youth Council (HYC) which demanded ILP.

Asserting that the implementation of the ILP is the need of the hour, he said, “Our (Khasi tribals) population is just 16 lakhs and if we don’t protect ourselves no doubt we may be outnumbered if those who are rejected by the Assam’s NRC get to enter our state.”

Shylla said that his executive committee would also soon urge the state government to approve Village and Town Police Bill passed by the KHADC in 1991 considering the fact that the one passed by the JHADC had already got assented.

“We would urge the government to consider speeding up the smooth passage of this Bill so that we can man our own check gates (to check influx and illegal immigration),” he added.

Meanwhile, the “Inner Line” Bill seeks to prohibit all citizens of India or any class of such citizens from going beyond such line without a pass under the hand and seal of the chief executive member or officer he may authorize to grant such pass.

“Any person so prohibited who after the Inner Line has been prescribed and notified in accordance with Section 2 of this Regulation, goes beyond such line without a pass, shall be liable, on conviction before a magistrate or Court, to imprisonment of either description which may extend to one year or to a fine not exceeding one thousand rupees or both,” it stated.

It also stated that the CEM may authorize the traditional heads (Syiem, Lyngdoh, Sirdar or Wahadadar) the power to “apprehend or arrest” any person found in violation of this Regulation.

According to the Bill, offences against the Regulation are bailable and may be tried by magistrates of the first or second class, the village courts and additional subordinate district council courts or any other courts constituted under para 4 and 5 of the Sixth Schedule to the Constitution.

The Bill further stated that it would not be lawful for any person not being a member of the Indigenous Khasi Tribee of the Khasi Hills Autonomous District, to acquire any interest in land or the product of land beyond the said “Inner Line” without the sanction of the competent authority under the Meghalaya Transfer of Land (Regulation) Act, 1971.

“It is necessary to bring out this Regulation to enable the implementation of the Inner Line Permit to check and control rampant migration into the Khasi Hills Autonomous District by legal and constitution provisions,” Shylla said while stating the object and reasons of Bill.

Earlier while participating during the discussion, Independent MDC from Nongshken Grace Mary Kharpuri expressed concern that the copy of the Bill was circulated to the members only yesterday when as per rule they should have been given seven days time to study the Bill.

Admitting that the Bill is important, she also sought the clarification whether the Bill will affect people who wish to go to Jaintia Hills and other neigbouring North East states by passing through the Khasi Hills Districts.

Meanwhile, former chief executive member and HSPDP MDC from Langrin Manstudy Nongrem hailed the Shylla-led executive committee for its bold decision to come up with the resolution on the issue which many NGOs have been demanding for the past many year.

He also urged the Governor and the state government to refrain delaying in considering the proposal of the district council by taking into consideration the good intent of the council to protect the interest of the indigenous community.