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Forget about holding any elections under the archaic Manipur (Hill Areas) District Council Act, 1971
It is beyond reasonable acceptability to understand why a group known as the “Imphal Naga Forum” has asked the State government to hold elections to the District Councils. They have clarified that it was done by some vested persons and not by the group. Whatever the reasons, it has become crucial for the Nagas of Manipur to realise that there are vested interest groups collaborating with the enemy to create a division within the Nagas.
In respect of the district councils of Manipur, I feel it is denigrating to call it “autonomous” as there is nothing autonomous in the powers and functions of Manipur (Hill Areas) District Council Act, 1971 except that the word “autonomous” is mentioned in the Act relating to division of “Hill Areas” into “autonomous districts”. The tribes of Manipur must note that only the word “autonomous” is used without any real autonomy in sharing legislative, police and administrative powers and functions with the district council. This is on account of the fact that the Manipur (Hill Areas) District Council Act, 1971 is a very old legislation and newer versions have been granted by the Central government for tribal areas in the north-eastern region and the Manipur tribes should now ask for nothing lesser than what the Bodoland Territorial Council is enjoying under Article 244-A and the Sixth Schedule.
The Nagas must understand why there should be no elections under the existing Manipur (Hill Areas) District Council Act, 1971 as Manipur tribals are currently faced with a peculiar situation which demand prudent consideration. Some of the reasons are briefly narrated below:-
1. The Manipur (Hill Areas) District Council Act, 1971 was passed by Parliament in December of 1971 when Manipur was a Part C State, which is essentially a Union Territory (UT). This makes it a legislation of the State of Manipur. The legislation that facilitates the creation of district councils for “Hill Areas” of Manipur has no Constitutional guarantee, making the legislation vulnerable to manipulations at the local level. Since it is a State legislation, the Manipur Assembly can amend the Act anytime and the Meiteis who dominate the state government already enjoyed brute majority of 40 MLAs in a house of 60 giving them power to do anything that they like. The arbitrary and high handed approach was witnessed when the last Speaker increased the number of members of Hill Areas Committee by adding 9 MLAs from the valley areas. The action of the Speaker is in violation of Article 371-C which provides for the President for “constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State …”
It is clear that the committee, which is the “Hill Areas Committee” notified by the President of India on 20th June 1972 is to comprise of members elected from the “Hill Areas” of Manipur. The blatant disregard of constitutional provisions by the Speaker indicates the high-handedness and desire to subjugate the tribes of Manipur. Having subsequently discovered that the action is unconstitutional as only MLAs elected from the “Hill Areas” of Manipur can be members of HAC, the Speaker’s Order was kept in abeyance, which is still violative of the constitution and should have been cancelled. The high-handed attitude is pointed out to understand the mindset of Meitei political leaders who will do anything to subjugate the tribal people regardless of Constitutional and legal provisions. The Manipur (Hill Areas) District Council Act, 1971 has no Constitutional protection unlike the real autonomous district councils under Article 244 whose powers and functions are listed in the Sixth Schedule.
2. The tribal areas of Tripura is already an autonomous district council under Article 244 and Sixth Schedule of the Constitution, yet they are unhappy as they cannot function effectively on account of interference from the Bengali dominated State government. On the eve of the 2024 general parliamentary elections, the Tipra Motha had entered into an agreement with the Central government to strengthen the autonomy, powers and functions of the ADC. Given the fact that an ADC under the Sixth Schedule in Tripura is facing operational difficulties and are demanding more autonomy, powers and functions, it is beyond reasonable comprehension why any tribal group should ask the Manipur government to hold district council elections under the archaic Manipur (Hill Areas) District Council Act, 1971 when the tribes should be asking for the real autonomous district councils under Article 244 and 244-A. Utterances of this nature by vested interest persons only serve to confirm the suspicion that such persons are working in close coordination with the state government to propagate their ‘divide and rule’ policy.
3. The tribal areas in the States of Assam, Meghalaya, Mizoram and Tripura are already having autonomous district councils under Article 244, 244-A and Sixth Schedule of the Constitution. Nagaland has a special provision for the whole state under Article 371-A. Manipur has a special provision for the “Hill Areas” of Manipur under Article 371-C. However, the tribal MLAs in the Hill Areas Committee (HAC) have not been able to exercise their powers and functions effectively under Article 371-C. The state government dominated by the Meitei community has not been helpful to the tribal people and has not cooperated and obstructed in the proper functioning of the HAC. The tribes of Manipur face similar situation like the tribes in Tripura. Both governments are controlled by a dominant community who have suppressed, neglected and subjugated the tribal people of their state. Given that the autonomous district council of Tripura, established under Article 244 and included in the Sixth Schedule, are already finding it difficult to function properly on account of hurdles and obstructions created by the dominant Bengali community, it would be foolish for the Naga tribes of Manipur to expect that the Manipur (Hill Areas) District Council Act, 1971, which is a state legislation, would provide sufficient legislative, financial and administrative powers like the Bodoland Territorial Council under Article 244-A which even the Tipra Motha, ENPO and the Kuki-Zomi-Hmar tribes are demanding for themselves. Do the Nagas of Manipur have no dignity, no self-respect that they are ready to throw everything away at this critical juncture when there is high expectations of a solution to the Manipur crisis? Can we stomach a district council under the archaic Manipur (Hill Areas) District Council Act, 1971 and give up the demand for autonomous district councils like the Bodoland Territorial Council while the Kuki-Zomi-Hmar are anticipating such outcome?
4. Nagas across north eastern region are expecting a comprehensive solution under the Indo-Naga Framework Agreement and for this reason the Naga CSOs of Manipur are waiting patiently for the conclusion of the peace talks. It is mainly on account of this expectation that the Naga CSOs of Manipur including United Naga Council, the apex Manipur Naga organisation, are not making any demand in spite of the common knowledge that the Kuki-Zomi-Hmar tribes are asking for some form of self governance for themselves. However, if the Kuki-Zomi-Hmar tribes are likely to be granted self government under Article 244 with the Bodoland type of powers and functions given under Article 244-A, why should the Nagas of Manipur not ask for a similar dispensation for themselves? There is nothing to be ashamed of for the Nagas of Manipur to ask for self government under Article 244 and Article 244-A.
5. In conclusion, the tribal people of Manipur, instead of asking for elections to the district council under the Manipur (Hill Areas) District Council Act, 1971, should demand for inclusion of the “Hill Areas” of Manipur under Article 244 and 244-A and the Sixth Schedule. At this juncture when the Kuki-Zomi-Hmar problem is being considered by the Government of India; Nagas of Manipur should join forces with the Kuki-Zomi-Hmar tribes and ask for Bodoland type of autonomous district councils.
Ngaranmi Shimray
New Delhi
shimray2011@gmail.com.