Honorable Address

by

J F Kharshiing

Chairman, Assembly of Hynniewtrep Nations,

Adviser & Spokesperson, Federation of Khasi States,

Secretary General, Grand Council of Indigenous Chiefs of Meghalaya

to

The First General Assembly of Indigenous and Tribal Peoples

Organised by

Tata Institute of Social Sciences, Mumbai

April 5, 2008

 On the theme

 Politics of Identity and Tribal Resistance

Tracing the Historical Evolution and Articulation of the Indigenous Tribal Voices.

Friends,

At the outset Ka Dorbar ki Nongsynshar ka Ri Hynniewtrep – The Assembly of Hynniewtrep Nations which includes the Federation of 25 Khasi States, the Sirdarships, and Ka Dorbar ki Doloi) extend their sincere appreciation to the initiators of this General Assembly on the theme “ Politics of Identity and Tribal Resistance – Tracing the Historical Evolution and Articulation of the Indigenous Tribal Voices.”

It may be recalled that the Central Government has been conducting a number of seminars/ forums/ debates on similar issues for a number of years now and it can be safely argued that all groups both directly or indirectly see the need to re-visit the Indigenous treaty rights relationship vis-à-vis the present Constitutional Anomaly in the Constitution of India.

The famous words characterizing India as a Country of “Unity in Diversity” by all great men of India a definition most appropriate but then not understood by the powers that be of India, if only they were to understand and follow it in its true sense then the North East would turn to a region where foundations for long term partnerships can hopefully be established even at this stage.

Urgent Constitutional flexible safeguards are required to ensure true “Unity in Diversity” in this country of Multitude Nations who have united together some willfully and some by brute force, it is this forceful annexation of these small Independent Republics that is today engaging society in different forums to discuss Human Security and Role of Indigenous Institutions. It must be made clear that any attempt to explore “Facilitation of Partnerships” should be based on understanding in-depth the Historical, Social, Cultural, Religious and Political structure past and present of the Indigenous Nations. Failure by successive Central Governments for the past 57 years coupled with cosmetic policies till date to address these issues individually is in our view the reason for the present upheaval and frustrations erupting in different forms leading to disastrous consequences facing us today.

The Indigenous Institutions have withstood and survived even in-spite of more than a century of British colonial rule and fiercely fought for their own liberty and Independence. The British rulers realised that it was only through Subsidiary Alliances with the Indigenous Nations and Rulers would they be able to make any headway with their conquest plans. Indigenous Nations of the North East post-Independence have since been denied their Political Autonomy and it is this denial that is today being discussed at all levels of Government.

The subsequent reneging on treaty agreements made with Indigenous Nations however small they may be tells us that this manner of annexation has always led to crisis of unprecedented dimensions. The very chemistry of “TRUST” that is essentially required as a foundation to any formation of a strong Union of Nations is found wanting in this case.

Ironically the then Indian National Congress (INC) during the freedom movement passed a resolution in 1942 declaring its commitment to organize India after independence as a federal State, promising the widest possible autonomy to the provinces. The resolution categorically stated that “no territorial unit would be coerced into joining the Indian Union” against its will, and such unit would have even the right to secede, if it so desired. These very Nations were urged upon to assist the Indian freedom movement which they were assured would result in their own independence. It is this betrayal of that “TRUST” and denial of the Nations fundamental right to Political Autonomy and freedom to evolve according to their own genius which has been the stumbling block towards a solution in North East India.

Post Indian Independence, they were marginalised by the new rulers of India, and were subjugated to unimaginable disregard to human rights, were forced and ordered under gun point to sign the Instrument of Accession violating the earlier Standstill Arrangement which was to remain for a period of two years up to 1949, the Constituent Assembly ignored these small independent republics, when they forcefully merged the 25 Khasi States into Assam, again not in accordance with the provisions contained in Section 290-A of the Government of India Act,1935 as they never signed the Instrument of Merger. Meanwhile, all Rulers of the Indian Princely States who merged and signed the Instruments of Merger and who gave up their States were compensated with huge monetary gains described as “Privy Purse” which was also considered as “pensions”. Constitutionally the Federation of Khasi States should have found their place in the First Schedule of the Constitution of India from the very beginning.

During pre and post Independence the then first Prime Minister and his cabinet members attention were more directed towards the consequences leading to the Partition of British India.

Lack of knowledge and understanding on the background of the Political fabric of the Indigenous Hynniewtrep Nations were also some of the factors influencing the events, the debates of the leaders in the then Constituent Assembly explains the hegemony with which they decided the future of these Nations. It is common knowledge how the leaders of undivided Assam were also responsible in their designs to deny these indigenous Nations their Political Autonomy and space in the new Union of Indian States, the Indigenous Hynniewtrep Nations were blatantly betrayed and merely subjugated from British rule to Bharatrule. Examples of the suffocation of these voices led to the break-up of Assam and such voices still exist.

The Indigenous Nations in Meghalaya are Federal and Democratic in nature right to the grassroots level, Consensus / Referendum and being Partyless is the foundation of these Native Republic Nations. It is to be noted that the Indigenous Institutions have through the centuries held on to their uniqueness of being a Partyless Institution inspite of the many attempts to politicise them. This is one area where winds of change has failed to have any effect on this one principal foundation of the Indigenous Institutions and which has steered them through the times. Keeping up with change women are also participating in strength at various village levels especially in social audits. Imposing specific legislation on gender issues would be like promoting “Sarpanchpatis” now existing in many Panchayats in the rest of the country. Being a unique matrilineal society gender issues prevalent in the rest of the country are different from what is prevailing in Meghalaya.

In spite of numerous memorandums, no Legislative support measures have come up towards this unique institution at a time when the entire world is looking for ways to evolve consensus on many issues. The Party less Indigenous Institutions could greatly contribute to bridging the gaps with Statutory Constitutional Authorities.

Another unique aspect of the Indigenous Institutions is there having their own Secretariats and Courts at all (State / Hima, Province /Raid and Village / Shnong ) Levels. In a meeting with senior Home Ministry officials in-charge of NE, in January 2000 a question was asked as to how much remuneration did the Indigenous Rulers and their officials at all levels receive from the State Government for their yeomen services in resolving disputes and litigation at their courts, thereby discouraging the approach to the Judicial Courts which are already over burdened. The Home Ministry officials were shocked to know that they derived their own mechanisms for survival. It also reveals the interest and the knowledge of the Government of India officials about the Indigenous Institutions in Meghalaya and the North East as a whole.

This is an area where the Institutions have contributed in bridging the gap on administrative, judicial and legislative issues. More can be done if the Indigenous Institutions are provided with administrative and secretarial support in their Secretariats and Courts all over the State.

Ironically, while the State of Meghalaya was exempted from the purview of the Panchayat Raj Act 1989 because it recognised that “there already exist strong traditional Institutions of self-government akin to panchayati raj which must be preserved” unquote (extract from the speech of Late Sri. Rajiv Gandhi, Prime Minister of India while introducing the Bill in Parliament on 15 th May 1989). On the other hand, ironically t he Indigenous Institutions of Meghalaya have since Independence been ignored and left out from being part of Governance nor has there ever been any specific budgetary support for them.

Interestingly during such conferences past and present Prime Minister’s, sought political consensus to amend the Constitution to further empower the Panchayats, some even suggesting disbanding the DRDA’s and its powers and functions handed over to the Panchayats.

While the Government of India convenes regular meetings in New Delhi, to discuss further strengthening including financial empowerment of all the Panchayat Chiefs, the Center is yet to fulfill the “National Commitment” made to the Federation of 25 Khasi States in the Instrument of Accession and the Annexed Agreement of 15 Dec 1947 which protects their Executive, Legislative, and Judicial authority which they have been administering since time immemorial.

The successive failure of Central Governments to correct this Constitutional Anomaly is brutal violation of human rights where the Chiefs and their democratic political institutions have been denied their rightful space to be represented and heard in the Indian Parliament and within the Constitution of India

As we understand the right to self-government is an Indigenous right and there should be substantial re-ordering of powers, because human rights also includes the right of peoples to self-determination. Hence immediate Constitutional Political Autonomy and space must be considered and incorporated for these Indigenous Hynniewtrep Nations in accordance with the Standstill Arrangements of 1947 and to desist from a unitary policy of approach. The Indigenous Nations have been rendered to the status of mere spectators only.

On January 14, 2004, the first Dorbar Ri “People’s Parliament” one of the largest gatherings of all Indigenous Institutions in the state in recent times re-iterated its demand calling for correction of the constitutional anomaly including setting of separate Federal Councils for the Khasi, Jaintia & Garo Indigenous Nations. The Second People’s Assembly was held on October 6, 2007 to continue with its assertion for constitutional autonomy and political space, 6 Members of Parliament from different political affiliations participated at the historic peoples parliament.

No amount of legislation in the form of constitutional safeguards will help unless the political core issues and rights of the Indigenous People of the region are addressed. A separate Chapter or a Constitution Federal in nature exclusively for the Indigenous Nations of the region to be drawn up by their authorized representatives is the need of the hour. The Indigenous Nations have a lot to contribute and share with the rest of the Country and the world which is debating and searching for a solution to this hollowness that is there today in this present form of democracy and which in the words of the former Prime Minister AB Vajpayee is “moth eaten from inside”.

Right Relationship, formulations that are grounded in international human rights law and consensual politics, may produce stability and coherence for a post-colonial India. It’s about India’s constitution, to be authenticated especially by indigenous consents, indigenous participation, indigenous reconstruction, indigenous mythology. The exercise must read in all of its complexity, and all stories honored in meaningful ways, without that, India will remain stuck.

I conclude by quoting the Hon’ble Sardar Vallabhbhai Patel, Minister for States, Government of India, New Delhi, in his remarks on the Indian States: “Because a creditor is too weak or poor to enforce his rights, a debtor should not, in honour, refuse to discharge his debt. As an honourable party to an agreement, we cannot take the stand that we shall accept only that part of the settlement which confers rights on us, and repudiate or whittle down that part which defines our obligations. As a nation aspiring to give a moral lead to the world, let it not be said of us that we know the “price of everything and the value of nothing”. Ref. The story of the Integration of the Indian States: V. P. Menon. Pp. 488.

Once again I congratulate the organizers for having invited us to participate in this National General Assembly to dialogue on matters concerning indigenous peoples in India.

KHUBLEI

Bah John F Kharshiing

Chairman, Ka Dorbar Ki Nongsynshar Ka Ri Hynniewtrep (Assembly of Hynniewtrep Nations)

Adviser & Spokesperson, Federation of 25 Khasi States

Secretary General, Grand Council of Indigenous /Tribal Chiefs of Meghalaya

Dum Dum, Nongthymmai, Shillong – 793 014

email : bahjohnfk@yahoo.com, psgrandchiefs@gmail.com,

Mobile: 94361 02663 : Office : 98560 22735