Abstract

The Sixth Schedule was created under Articles 244(2) and 275(1)) of the Indian Constitution to protect the rights and identity of indigenous tribals. The Jaintias like any other indigenous tribals in Meghalaya have their own Jaintia Hills Autonomous District Council (JHADC) since 1964. The Jaintias had been traditionally governed by the traditional chiefs known locally as the Dalois who are more or less act as the custodian of local tribal cultures and traditions. These Dalois are now the functionaries falling within the purview of the JHADC. Contrary to its mandate, vide its different Acts, Rules and Regulations JHADC has negatively affected the culture, traditions, traditional institutions and the way of life of the Jai ñ tias. The JHADC’s mismanagement of land diluted the intrinsic connection that the tribes have with the land. The Council has more or less failed to protect and preserve the environment. Through its issuing of No Objection Certificate (NOC) to many cement companies prove that it has failed to protect the economic interests of the indigenous tribals. Therefore, it is ironical that the Council which is supposed to act as custodian of land, forests, rivers and water sources has itself become the pirates defrauding the environment thereby depriving the indigenous people of their right to a clean and sustainable eco-system. The misappropriation of fund by those who are in power shows a clear cut case of theft. Political survival within the ADCs, rather than delivery on 6th Schedule provisions, inevitably takes precedence. The members of the Council, who represent the interest of the indigenous populace, should take steps to improve its functioning to ensure that it delivers as per its mandate.

Kerl’ihok L. Buam, Assistant Professor, Department of History, Synod College, Shillong. kylebuam@gmail.com

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