Rebuttal to a submission from former CS of Manipur

Ngaranmi Shimray
An article titled “Perspectives of the Hill Tribes of Manipur (Part - I)” written by Shri Oinam Nabakishore Singh (IAS Rtd) and published in The Sangai Express on August 28, 2024, stated some factually incorrect things, and this response is for setting the record right.
The author did not cover an important period when Manipur was a Part-C State (basically a Union Territory) after its merger with the Union of India in 1949 till its full Statehood in 1972. During this period the law that governed all Union Territories (UT) including Manipur was the Government of Union Territories Act, 1963. Reference to this is important as the genesis of Article 371-C emanated from section 52 of this Act which provided for “Special provisions for the Hill Areas of Manipur” with “Hill Areas”, “Standing Committee” and its powers and functions along with procedures for the conduct of business by the Standing Committee with the State Government and in the Assembly.
These provisions in section 52 of the said Act have now been incorporated in the Constitution after Manipur became a full-fledged State in 1972. The enabling provisions were made in Article 371-C and the details have been notified under the Presidential Order dated 20th June 1972.
Article 371-C provides for a “Hill Areas Committee” under a full-fledged State replacing the “Standing Committee” and “Hill Areas” that existed earlier under section 52 of the Government of Union Territories Act, 1963. Thereafter, as enabled by Article 371-C, a Presidential Order dated June 20, 1972, which is “The Manipur Legislative Assembly (HILL AREAS COMMITTEE) ORDER, 1972” was issued containing four Schedules.
The First Schedule notified the “Hill Areas”; the Second Schedule specified “Scheduled Matters” falling under the purview of the Hill Areas Committee; Third Schedule modified the Rules of Business of the Government of Manipur, 1972; and the Fourth Schedule modified the Rules of Procedure and Conduct of Business of the Manipur Legislative Assembly, 1964. The author alluded that no modifications have been made so far, which is not true as both procedures for State Government and Assembly in the Third Schedule and Fourth Schedule respectively have been notified by “The Manipur Legislative Assembly (HILL AREAS COMMITTEE) ORDER, 1972”
For easy reference para 4 of the Order dated 20th June 1972, which is the relevant para for discussion, is reproduced below: -
“4. Function of the Hill Areas Committee: -
(1) All Scheduled matters  in so far as they relate to the Hill Areas shall be within the purview of the Hill Areas Committee.
 (2) Every Bill, other than a Money Bill, affecting wholly or partly the Hill Areas and containing mainly provisions dealing with any of the Scheduled matters shall, after introduction in the Assembly, be referred to the Hill Areas Committee for consideration and report to the Assembly. Provided that if any question arises whether a Bill attracts the provisions of this sub-paragraph or not, the question shall be referred to the Governor and his decision thereon shall be final:
(3) The Hill Areas Committee shall have the right to consider and pass resolutions recommending to the Government of the State any legislation “or executive action affecting the Hill Areas in respect of any Scheduled matter, howsoever that the executive action relates to general questions of policy and the legislation or executive action is in conformity with the overall financial provisions for the Hill Areas made in the Annual Budget or contemplated in the Plans of the State.
(4) The Hill Areas Committee shall have the right to discuss the Annual Financial Statement in so far as it relates to the Hill Areas and to facilitate such discussion the said statement shall, as far as may be practicable, show separately the estimates of receipts and expenditure about the Hill Areas which are to be credited to, or is to be met from the Consolidated Fund of the State.”
It is clear from the above that the Hill Areas Committee (HAC) has been given substantial powers and functions on all “Scheduled Matters”, including the right to consider and pass resolutions recommending to the Government of the State any legislation “or executive action affecting the Hill Areas concerning any Scheduled matter and right to discuss the Annual Financial Statement in so far as it relates to the Hill Areas. But these functions have not been allowed to be operationalized by the Speaker of the Assembly and the Chief Minister.  They are to be blamed for preventing the HAC from functioning as envisaged under Article 371-C and The Manipur Legislative Assembly (HILL AREAS COMMITTEE) ORDER, 1972 and this is what the ATSUM and tribal CSOs have been demanding for several years. The problem in the State Government is the fact that no one reads anything anymore, not even bureaucrats. Had the politicians and bureaucrats been aware of the various provisions, the grievances of tribal bodies could have been understood, appreciated, and resolved. It is not too late, even if blood has been spilled in the streets, for the State Government to make the HAC fully functional in the interest of maintaining the integrity of the State. Naga tribes too are disillusioned with the uncaring attitude of the State Government with no consideration for ameliorating the sufferings of tribal people in the “Hill Areas”. The Chief Minister and the Speaker need to understand The Manipur Legislative Assembly (HILL AREAS COMMITTEE) ORDER, 1972, and work out modalities for making the Hill Areas Committee work effectively as envisaged under Article 371-C and the Presidential Order dated 20th June 1972.
The faux pas of the former Chief Secretary about his ignorance of The Manipur Legislative Assembly (HILL AREAS COMMITTEE) ORDER, 1972 containing the modifications of the State Government procedure and Assembly is a serious embarrassment. It is indeed sad testimony that the author, who was Chief Secretary for several years, was unaware of the provisions of the Constitution and its Order. Such lack of awareness at the top echelons of the State Government reflects poorly on the management of grievances relating to the “Hill Areas” by the State Government.
The ignorance further indicates the nonchalant and unserious attitude of politicians and the bureaucrats in discharging their duties partly because the dominant community has an overwhelming majority and can do anything as per their whims and fancies. The Meiteis are more than 50% of the State’s population with 40 MLAs in a House of 60 and have become accustomed to turning a deaf ear to the cries of the minority tribal people. The voices of ATSUM, tribal CSOs, and 20 tribal MLAs are stifled and ignored by the majority community. Deep-rooted discontentment, frustration, and resentment is growing among the tribal communities and are gaining traction, especially on account of the partisan actions displayed by the State Government in the aftermath of 3rd May 2023 conflict.
The hill people may soon conclude that the majority community has become insensitive and deaf to the voice of the tribal people and that dialogue with the majority dominant community is futile. The 21st Century is replete with information and data and facts cannot be hidden anymore. The tribal people have become more aware of exploitation, suppression, and denial of justice and Fair Play.
Umpteen times the issues of inequity in the distribution of funds between Hills and Valley, the share of ST in Government jobs, the share of ST in seat reservation for higher and technical educational institutions, the share of infrastructure for the Hills, extension of Sixth Schedule, etc have been raised by ATSUM, CSOs, and MLAs, but the State Government has turned a deaf ear on every occasion and even obfuscated and stonewalled the issues. Denial of the rights of tribals and rendering the HAC ineffective is causing distress, discontentment, and frustration in the “Hill Areas” and the perception that the State Government does not care for the Hill people is resonating with the tribal masses.
Secondly, it is incorrect to state that the chiefs of some Naga villages in Tamenglong and Ukhrul were Kukis. The migrant Kukis were issued firearms and used by the Meitei Maharaj under British rule as irregular levies. They were given a free hand to terrorize and take punitive measures against other tribes. This unbridled permission to the Kuki irregular levies caused problems for some Naga villages who refused to pay ransom demands for a tribute to the Kuki chiefs operating in their area.
Apart from atrocities committed during occasional demands, the worst atrocities against the Naga villages took place between 1917 and 1919 when the Kuki irregular levies rebelled against their masters and refused to join the British World War 1 efforts. While the Naga warriors and Meitei joined the Labour Corps in thousands and went to Europe, the Kuki rebels stayed back in the hills. They raided defenseless Naga villages in Tamenglong and Ukhrul areas to murder, loot, and pillage and took women and children as slaves. This happened due to the ineffectiveness of the British ruler and Meitei Maharaj in protecting the Naga villages depleted of warriors who volunteered to go to Europe. There were never any Kuki chiefs who were the chief of Naga village.
Thirdly, historically Manipur was an independent kingdom ruled by Meitei rulers. But it was also invaded and ruled by the Burmese kingdom at various points in time, and it was only with the help of the British East India Company, that the Maharaj finally threw out the Burmese in 1824 and became a protectorate. After that, Manipur became a princely State of British Raj in 1891. It was only for a brief period that Manipur was truly independent of any ruler from August 1947, when India became independent before it was annexed into the Union of India in October I949. For more than 123 years from 1824 till 1947, the Meitei Maharaj did not function independently of the Britishers.
Conclusion
It is heartening that the author recognizes “land is the most important asset for the tribal people when agriculture is their mainstay” and cautions that “any attempt to encroach on land rights by others would be resisted with all might.” The author added that the Meiteis are looking for “Constitutional safeguards for their existence”.
In my humble opinion it is denigrating for the Meitei community, who are already enjoying the benefits of reservation under the OBC category and is the most advanced community in the entire North Eastern region, to demand a lowly backward status of Scheduled Tribe which does not behove the high status they enjoy around the country and in the world.