Shillong, Jan 28: The Hynñiewtrep Integrated Territorial Organisation has expressed concern over the delayed response from the Ministry of Home Affairs regarding the implementation of the Instrument of Accession and Annexed Agreement signed with the Khasi states on August 17, 1948.
In a memorandum submitted to Chief Secretary Shakil Ahammed, the Hynñiewtrep Integrated Territorial Organisation (HITO) president Donbok Dhar said, “(We) are writing to respectfully inquire about the details and current status of the letter dated November 27, 2014, which was sent by the Ministry of Home Affairs (MHA) to the Government of Meghalaya. This correspondence addresses the representation and implementation of the Instrument of Agreement concerning the Khasi state.”
“…we are following up to seek copies of the response to above mentioned letter from the Meghalaya Government to the Union Ministry of Home Affairs, Govt of India,” he said while also referring to the several letters including that of the National Commission for Scheduled Tribe chairperson’s letter dated August 27, 2014 to then Union Home Minister Rajnath Singh, “advising and recommending that the IOA & AA should be concluded and its mandate be incorporated within the constitution of India”.
He also quoted the National Human Rights Commission’s letter on June 16, 2012 which read, “The Commission has examined the petition carefully and we find that the matter within the Legislative competence of Parliament. The petitioner may approach the Government for redressal of their grievance.”
HITO highlighted that various political parties, including the BJP, have acknowledged the importance of fulfilling the IOA and Annexed Agreement (AA).
The organisation emphasized that the non-fulfillment of these treaties has led to conflicts with Central Acts and Constitutional Anomalies, affecting the customary indigenous land tenure system in Meghalaya.
Dkhar stated that despite unanimous resolutions on Inner Line Permit, language and boundary disputes in the Meghalaya Legislative Assembly, the issues remain unresolved, causing conflicts and anomalies.
“The non-fulfillment of these treaties is causing conflict today, affecting the social, cultural, and legal standing of the Khasi and Jaintia people,” Dkhar said.
He added that the IOA and AA recognize the unique status and rights of the Khasi States, but the terms are yet to be fulfilled, leaving the Hima in limbo.
“The responsibilities of the Hima includes Legislative, executive judiciary and religious customary functions however, the delayed absence of an Assembly for them has resulted in the past and present representatives such as MLAs and MDCs of the Khasi and Jaintia Hills representing the 54 hima in total in Khasi Hills (25 Khasi States and 29 Elaka’s and 18 +2 Elaka’s in Jaintia Hills ) not having in-depth knowledge and importantly commitment to legislate proper effective specific act and rules since inception of the UK & JHADC in 1952 and since inception of Meghalaya state in 1972, in fact the existing Acts and Rules are very basic and relate just to Appointment and Succession of the chief and Headmen. The political structure democracy and system of India is represented by ideologies of the political parties and are based on first past the post whereas the political structure of the Khasi States is based on consensus and referendum MDCs have been paid to legislate however in the past all MDCs spend time to get elected as MLA hence they are “more obliged to party politics” rather than “party less politics”,” Dkhar stated in the letter.
Emphasizing that the current Autonomous District Councils (ADCs) are an interim arrangement and not a substitute for the traditional institutions, he said, “As the ADC’s are an interim arrangement the representation should have been strictly from the Khasi States Constitution Making Dorbar and the recognised political parties need to be barred from setting up candidates in the ADCs in Meghalaya so that the administration can focus on its actual role.
The Meghalaya legislative Assembly including the various political parties are yet to have a matured in depth debate on the continuance of the ADC and why their actual stakeholders are not part of the council. If at all this interim arrangement is to continue, how is it that the stakeholders particularly the Dorbar Shnong, Dorbar Kur, Dorbar Raid and Dorbar Hima are not represented within the ADCs ?? whereas the structure of the Khasi States Assembly constitute representatives from various Hima /Elaka based on population and even had four women as nominated members.”
HITO is urging the government to revisit the IOA and AA, and ensure representation of traditional institutions in the ADCs.
The organization also questions the lack of a united solution from political parties, citing differences in ideology and priorities.
“(Therefore)… we are keenly interested in understanding the progress made on this long-pending issue. We would appreciate any insights you could provide regarding whether your office has submitted a report to the MHA regarding this matter, as this would be of significant importance to our community,” the letter further stated.
