Shillong, Feb 3: The NPP-led executive committee in Khasi Hills Autonomous District Council (KHADC) has been pursuing the “need” for amendment to Sixth Schedule to recognise entire Khasi and Jaintia Hills as tribal areas, said the Council chief Pyniaid Sing Syiem on Monday.
In Shillong and Jowai, there are two areas categorised as municipal areas outside the jurisdiction of the district council, which is governed by the provisions of Sixth Schedule.
“The KHADC along with PN Syiem and Titosstarwell Chyne have conducted a follow up and we have urged the Centre on the need to expand the tribal areas. As of now, we still have the municipal areas in Khasi and Jaintia Hills region. Therefore, we insisted that there will be no more municipal areas and that all should be covered under the Sixth Schedule,” Syiem told reporters after filing his nomination papers from Nongthymmai constituency at the ISBT, Mawiong.
“We also seek deletion of para 12 (A) so that there is no clash between the ADCs and the state government especially in terms of legislation,” he added.
Syiem, who is also convener of the Confederation of the North East Councils representing the ten autonomous district councils (ADCs) in the North East region was accompanied by chief executive member (CEM) of Bodoland Territorial Council and representatives of Karbi Anglong Autonomous Council (KAAC), Tripura Territorial Council besides party workers and supporters.
He informed that the recent meeting between the ten ADCs and union home minister Amit Shah was a positive one.
“He (Shah) has assured that the 125th constitutional amendment will likely be introduced in the current budget session of the union parliament. If it is being introduced it will be a victory to the people of Meghalaya and other Sixth Schedule states because in this proposed amendment to the Sixth Schedule, there are number of provisions which seeks to further strengthen the ADCs in terms of land, tradition and customs and direct funding under Article 280 of the finance commission,” he said.
Asked, Syiem said that the present tenure of the KHADC was able to bring many legislations within a short span of six years.
“I feel there are still many issues which need to be addressed by the district council. However, we have tried to bring many legislations within this short span of six years because we are empowered to make laws on various subjects as per provisions of the Sixth Schedule to the Constitution of India,” he added.
He also said as many as six bills passed by the KHADC received the Governor’s assent last year. These include: the Khasi Hills Autonomous District (Administration of Elaka) (Amendment) Bill, 2023, the KHAD (Nomination and Election of the Lyngdoh, Myntri, Lyngdoh Raid and Sordar Shnong and Administration of Sohiong Lyngdohship, 2023, the KHAD (Regulation and Administration of Land) Rules, 2023, the United Khasi-Jaintia Hills District Fishery (Amendment) Bill, 2023, the KHAD (Khasi Social Custom of Lineage) (Amendment) Bill, 2023 and the KHAD (Trading by Non-Tribals) (Amendment) Rules, 2023.
“Our efforts made during the last six years have really been a blessing to the indigenous people. We have got the Land Act, 2021, Amendment of Elaka Administration Act, 2023 which seeks to recognize the women and youth organizations in the village dorbar and their administration. This will help address many social evils from society as the government alone cannot do it. The Social Custom of Lineage Act, 2023 is also to further strengthen our matrilineal society. We also seek to strengthen the tribal clans. Recently, a book by Raphael Warjri stated that there are over 5000 tribal clans,” he added.The petitioners alleged the wide definition of a “forest” in the apex court judgement was narrowed under Section 1A inserted in the amended law.
The amended law says land has to be either notified as a forest or specifically recorded as a forest in a government record to qualify as a “forest”.
The Centre said the amendments were passed following the top court’s directions in the judgement.
On March 27, 2023, the Centre introduced the Forest (Conservation) Amendment Bill whereas the pleas challenged the constitutionality of the amended law, seeking it to be struck down as null and void.
