Tribal’s Perception on Governance of Village Council (Dorbar)
System: A Case Study of West Khasi Hills District of Meghalaya State
Rubenker Nongrum[1]
Dr Trilochan Dash[2]
Abstract
The
traditional local governance system is as old as the history of humanity but
only recently it has entered into the broad academic discourse due to different
societal setting exist in different societies. The author tries to argue that
due to the presence of illiteracy, poverty, inaccessibility of communication
facilities, the so called tribal elites are governing the society as according
to their own will and at the same devoid of traditional customary laws.
Therefore, the author tries to address the issues and at the same time provide
the suggestive measures for reform in order to have a better governance at the
Village council (Dorbar) system in the State of Meghalaya.
Key
Words: Governance, Traditional Political institutions, Village Dorbar
1.0:
Introduction
The
concept of traditional local governance system is as old as the history of
humanity but only recently it has entered into the broad academic discourse.Therefore,the
social scientists such as Anthropologists, Historians, Sociologists and Political
Scientists have no unanimous decision regarding to define traditional
institutions within the realm of social, cultural and economic systems since
tradition in any given society is a composite whole. As a passive process,
traditions stand for time honored customs and respected beliefs. It is seen as
an ideal type construct and a satisfying force that engendered and enforced
cultural homogeneity. It refers to the collective social inheritance of a
particular people, culture, society, group, or collectively and as such, stands
as the referent of its collective identity. In this sense, tradition is
generally conceived of as the aggregate mass of cultural forms-cast as
knowledge, beliefs, practical routines, or texts that are the constituent
elements of a culture, handed down from one generation to the next[3].
These classical conceptions of tradition correspond to the conservative Burkean
perception of society which views tradition as the accumulated wisdom of the
past. In short, traditions have been generally viewed as a force in preventing
change, an attitude opposed to progress, innovation, growth and creativity.
Andrew Heywood maintains that tradition stands for absence of change[4];
they are frozen in time and cannot be modified.
However,
many scholars have criticized the view that tradition is a passive process and
stated that the adherents of tradition and traditional institutions often
questioned and modified it over time to make it dynamic. Those views that
perceive tradition as unchanging and posed against modernity, were already
challenged in the 1960s when Rein hard Benedix argued that the idea that the
more there is of modernity, the less there is of tradition, was the result of a
very exclusivist perception of society[5].
Moreover, Alasdair McIntyre pointed out that a tradition that is living is
always an embodiment of continuous conflicts: ‘Indeed when a tradition becomes
Burkean, it is always dying or dead’[6].
Tradition therefore needs to be seen not in terms of modernity and change, but
in the light of certain virtues grasped which have possibilities for the future
drawing upon the past[7].
Social Scientists such as Eric Hobsbawn have argued that traditions can
actually be invented and constructed, and that what sometimes have been passed
off as very ancient tradition, are in fact of quite recent origin[8].
Furthermore, traditions, like ceremonials, rituals, and even like nations are
not handed down as inert ‘rock of ages’; they are activated and reactivated by
contemporaries, even invented on occasions for quite novel purposes[9].
Thus, traditions or traditional institutions need not be very old and exist
from time immemorial but can be invented at any historical point of time
according to the exigencies of the situation. It can undergo some modifications
over time in response to changing circumstances. These changes may be recognized
or unrecognized[10].
In this context, Talcott Parsons defines that the institutions
are generalized pattern of norms of prescribed, permitted and prohibited behavior
in social relationship for people in interaction with each other as members of
the society and its various sub-systems and groups[11].
In the broader sense, institutions are simply rules. As such, they are a
foundation for all political behaviour. Some are formal as in constitutional
rules and some are informal as in cultural norms but without institutions there
could be no organized politics. Indeed in the absence of institutions there
could be no organisation at all[12].
Thus in the most general meaning of the term, institutions are defined as
constraints or rules that induce stability in human interactions. In this
sense, it includes customs, usages, conventions and age old practices of formal
and informal social norms. All human societies have developed a variety of institutions
which deal with recurrent basic problems in social life. An institution can
thus be conceived to be the set of constraints or rules which determine the
opportunities and incentives of the relevant actors in a given situation[13]. Thus
the scholars unanimously consider institutions as formal bodies articulated and
enforced through numerous traditional values which have been universally
accepted by the groups. Institutions according to these writers are functional
bodies which regulate the socio-political communication among the group for an
ideal state of affairs[14].
In short, institutions are the product of needs and experiences of the people as
the basis for the systematized form of social life. Moreover, it implies that
institutions are valuable human constructs that embody deeply held ideas about
right and wrong and about appropriate and inappropriate public behaviour.
Institutions are efficient and effective only in so far as citizens comply with
their rules and their decisions. Hence,
only those institutions that are deeply rooted within a particular society reflect
and embody widely held notions of legitimate authority that can command allegiance
and attract compliance[15].
Further it is necessary to deeply elaborate the
functions of institutions which have a close resemblance to those of the
traditions. According to Kingsley Davies, institutions are a set of interwoven
folkways, mores and laws built around one or more functions. Similarly,
Hertzler defines institutions as great clusters established, accepted and
implemented ways of behaving socially. W.H.Hamilton opines that institution
connotes a way of thought or action of some relevance and permanence which is
embedded in the habit of a group or the custom of the people. Institutions fix
the confines of and impose forms upon the activities of human beings[16].
From the above observation, it is reflected that traditions give stability and
an essential rationality to many institutions. This coherence comes from the
value permeated character of traditions[17].
Moreover, institutions may change without affecting the tradition of a set of
people and at the same time, traditions reflect a definite value-orientation of
a set of people where as institutions are merely functional in character[18].
Consequently,
traditional institutions may be perceived as establishments based on customs
and traditions. They are upheld, revered and respected more often than not, especially
in the case of indigenous people, for symbolizing the cultural identity of the
community they serve. Customs, conventions and values rather than the written
word of law are often the driving forces behind actions of these traditional
institutions. Values, acceptable and practiced by society, in turn enforce
these forces[19].
In other words, traditional institutions include all forms of human
institutions which have moral sanctions behind them and are recognised by the
society. But it is believed that many of these moral sanctions are often
flexible and adaptable in the context of change. S.C. Dube indicates that
several traditional institutions are flexible enough to adapt themselves for
new purposes with slight structural modifications[20].
Thus political tradition may be understood as a set of convictions and beliefs
concerning the political community including the behaviour of men as a
political entity. Political tradition defines how rules ought to be conducted
and how the ruled behave towards their rulers[21].
After
explaining the conceptual framework on traditional institution, now it is
necessary to examine the governance system. The term ‘governance’ is an
umbrella concept that covers a wide range of phenomena[22].
It refers to a more or less polycentric system in which a variety of actors are
engaged in the local public decision – making processes[23].
Many researchers are characterised about the local governance in the field of
local public decision[24],
public participation[25]
and political role are more varied than they are at the central government
level’. Therefore they argued that the local affairs ‘are more within reach of
the citizen’s mind than others’ and their involvement may be seen as ‘a very
important factor in “making democracy work”[26].
From the above discussion of how the traditional political institutions
functioned it can be observed that the Khasi traditional political institutions
manifest a blend of partial democracy and limited monarchy. It is partial
democracy because it encourages the participation of only adult males in the
political affairs of the state. This trend is strictly adhered to even today
where Khasi states, especially in rural areas are reluctant to allow women to
participate in state affairs. Secondly, it is a limited monarchy because theSyiem’s (chief) powers are to a large
extent circumscribed (Gurdon, 1990). He performs important acts only after
consulting and getting the dorbar’s (Council)
approval. As such the Syiem was not a
territorial ruler but was and still is a functionary of his state, his duty
being to put into action decisions of the council[27].
After
analyzing the traditional political institution and its governance system, the
present paragraph explains about the village administrative system that
functions as per Khasi customary laws. The term village administrative system
popularly known as Village Dorbar is
one of the traditional institutions for the purpose of the present study would
mean the age-old socio-political institutions prevalent among the Khasis for
maintaining law and order in the society, settling disputes and administering
the villages. According to the Khasi tradition, the institution of the Rangbah Kur or clan leader has been
maintained as the old institution[28].
The Khasi have distinct traditional political institutions, which have evolved
from clan based units into village based units and finally to the apex level of
polity evolution, that is, Hima or state.[29]
Khasi polity consisted of a three-tier democratic system of governance with dorbar
shnongs or village councils at the bottom, raids or communes in the
middle and dorbar hima or state council at the top. The village council
looks after the immediate needs of the village and is headed by a village
headman, the raid or commune is headed by a commune
representative designated in different communes by various names and the dorbar
hima or state council is headed by a representative designated in different
states (hima) by different names, i.e., Syiem, Lyngdoh, Sirdars and
Wahadadars[30].
The durbars or councils have no written law
relating to composition or functioning but functioned purely on uncodified
customary laws and practices, which were more or less binding on all members of
the village. The written history of the Khasi people indicates that they had
their own traditional political Institutions. The arrival of the British into
this region and the subsequent establishment of their system of administration
had left practically untouched the traditional administrative institutions of
these people from where a fair idea of how they functioned can be inferred.
According to Simon (1991:2) the entire geographical area inhabited by the
Khasis was called Ka RiLaiphewSyiem
meaning ‘Land of thirty kings’ (The Khasi term for laiphew means thirty). However, today it is generally understood
and accepted that the term laiphew
does not necessarily mean thirty but rather denotes many. British records
indicate that there were as many as 25 petty states at the time of their
occupation of the Khasi Hills. These 25 states varied in size and population.
Each state was under a traditional head called a Syiem, Lyngdoh, Sirdar and Wahadadar.
In
Khasi society, the kur or clan formed
the nucleus of all traditional socio-political institutions[31]. The art of politics and governance takes
shape at this level when clan matters were entrusted in the hands of an eldest
maternal uncle to be addressed. The Khasis developed a distinctive four-tier
form of governance with the hima (state)
at the top, raids (communes) at the
middle, the shnong (village) and the kur or the clan at the base[32].
The durbars or councils were the highest decision making bodies in the khasi
political and administrative set-up. The dorbars
or councils have no written law or composition or functioning but functioned
purely on uncodified customary laws and practices, which were more or less
binding on all members of the village. In the present age changes have been
seen where in some dorbarshongs or
village councils have their own written constitutions, rules and regulations[33].
Every stage of administration, from the village to the state, has its own dorbar or council. The dobar or council was a sacred
institution and was called KaDorbarBlei
or God’s council, because it was believed that God Himself was Present in the dorbar or council[34].
The Khasi Dorbar (council) is
conducted very solemnly and decisions are taken unanimously.
As
mentioned earlier, the kur or clan
forms the core of Khasi political institutions. Each kur or clan is generally a unit within the political and social
framework[35].
Each clan has its own dorbarkur (clan
council) which is presided over by the rangbahkur
(clan headman). The rangbahkur (clan
headman) was elected by the male members of his clan ad was also called the knirangbah (head uncle) as he was the
eldest male member of the clan. At the lowest level, the kur or the clan
council functioned as an organized political unit[36].
The RangbahKur (clan headman) was the
spokesman of his clan and together with the DorbarKur
(Clan Council) managed all internal affairs of the clan. The DorbarKur (Clan Council) performs the
important function of selecting clan delegates to represent the clan in the
electoral college of the hima or
state. Though the functions and powers of the DorbarKur (Clan Council) are limited, it plays a moderately
effective roe in the political affairs[37].
Every
Khasi village has its own DorbarShnong
(village council) which plays a pivotal role in the village administration and
is presided by the rangbah/tymmenshnong, that is, the village
headman, who is elected by the adult male members of the village. The village
administration is run according to local customs and traditions. A significant
feature of a Khasi village administration is that the village headman alone
cannot decide on any issue, and that it is only after long deliberations and
discussions on all issues before the dorbar
or council that consensus is arrived at[38].
The welfare of the village such as water supply, health, roads, education etc.,
is looked after by the village headman and the village council. The village
headman looks after law and order of the village and as such performs the dual
role of magistrate and police officer in the village administration besides
seeing to the payment of tributes to the chiefs or the territorial headman by
the villagers[39].
The
largest political unit under a Hima
or state over which the Khasis wield political authority is the raid or
commune. It is a political unit which is a confederacy of villagers that
federate into a political system for the purpose of social control and
harmonious civil and judicial administration. The raids or communes have their dorbarraid or commune council which may
be called territorial tribal councils[40].
The dorbar raid (commune council)
elected its head who is known as the rangbah
raid (head of commune). Members of the dorbar
raid consisted of all village headman with additional representatives
whenever necessary[41].
The dorbar raid looked after all
internal affairs of the villages under its jurisdiction but in matters of
serious crimes the Syiem’s (chief)
authority was called upon.
The
highest traditional political authority of the Khasis is the syiem or chief.
Several raids or communes form the hima
or state with an elected chief called the syiem. The syiem along with other
elected officials ruled the Khasi state under the overall supervision of the dorbar hima (state council). Besides
presiding over the dorbar hima he
also presided over his own council, that is, the syiem’s dorbar or dorbar
myntri or council of ministers[42].
Members of the dorbar myntri
consisted of all elected clan officials like the myntris, lyngskors, basans and lyngdohs
and were collectively called kibakhraw
or noblemen[43].
The syiem or chief is elected by an electoral college that comprised of the bakhraws and basans or representatives of clans[44].
In general the syiem was elected from a pre-ordained royal clan, the syiem clan
and hiership to the office of the syiem is in all cases traced through the
female offspring. In the cases the syiem was succeeded by the eldest of his
uterine sisters[45].
In the present age changes have been seen where in some durbars Shnongs or village councils have developed their own
written constitutions, rules and regulations at present days the functioning of
these traditional political institutions remain the same with little
modifications.[46]
1.1: Rationale of
Study
In the last five decades, Khasi society has faced a number of
challenges, which has led to serious public debates about the role of
traditional institutions and its governance system. The debates are not only
political in nature but are also rooted in the issue of equity. Traditional
institutions face four main challenges:
·
The succession to the political office of
chieftainship is a major source of conflict among groups belonging to the same
clan. The clan council selects an adult male from among themselves as Chief.
Due to internal conflicts, there is often more than one claimant to the
position, and the ADCs are not able to confirm anyone. The political vacuum at
the top has led to confusion in the administration at the local level. In such
situations, the ADC usually appoints an acting chief, not necessarily from the
particular clan. However, there have been serious allegations about acting
chiefs misusing authority by permitting timber contractors to cut trees from
community forests, and selling off community lands with rich mineral resources.
This has resulted in conflicts between traditional institutions and ADCs on the
succession and confirmation of chiefs, headmen and royalty rights.
·
Second, there are cases where chiefs of Hima, in
collusion with politicians and timber merchants, have converted large tracts of
community forests into private property without the consent of the people of
the Hima. These forestlands are registered in the revenue department of the
state government, which legitimizes the conversion into private ownership.
Further, personal benefits received by those who hold power in the traditional
authority pose a threat to
the equity of community forestry.
·
Parliamentary politics and development schemes
of the state are changing political behaviour. Traditional institutions are
based on customs and the decision making process is based on consensus. The
party-based politics of electing MLAs and ADCs is creating divisions and
political factionalism in traditional institutions. MLAs have power over
development programmes, and ADCs have control over traditional institutions.
Both bodies are legal authorities and have tremendous influence over people in
general and traditional institutions in particular. People feel that the leaders
of traditional institutions have been politicized and their decisions are no
longer fair. In the process, the poor are increasingly becoming marginalised.
It is also causing unscrupulous use of natural resources by new emerging elites
from the community.
·
The excessive interference of the pressure groups
in both traditional and modern governance system further weaken and dilute the
system of administration at the grass root level.
·
Most parts of West Khasi Hills District are isolated and
marginalized further day by day due to lack of transport and communication,
poor connectivity in electricity and telephone, poor education and health care
facility which is the primary duty of the Village Council to carry on but it
failed to do that.
Therefore, the tribal
communities need a holistic approach to address the problems that affect the
people at the grass root level.
1.2:
Review of Literature
The researcher tries to study the role of
the Village Council and its functioning under the aegis of Khasi customary laws
in the traditional political Institutions. There are a number of books written
on the traditional political institutions by local as well as non-local
scholars from where a fair idea of how these institutions functioned in the
past and how they are functioning today can be inferred. P.R.T Gurdon’s work on
The Khasi[47]discusses
about the socio-political institutions in a sketchy manner but did not explain
in detail. Similarly, J. N. Chowdhury’s
book, The Khasi Canvas[48],
presented in different aspects of the Khasi people but has discussed very
little about traditional political institutions. Further H. Bareh, in his book on History and Culture of the Khasi People[49],
has explained about the traditional institutions functioning since time
immemorial but at the same time, he also narrates about the different aspects
of the lives of the Khasi. Therefore, the researcher realised that the author
did not deal elaborately with the traditional political institutions. In
another study onKhasi Democracy[50],
has discussed about the evolution of Syiemship,
the working of durbar Shnong (Village
Councils, and Hima (State Council). important position held by the chief of the
states. However, though the British government retained these traditional heads
yet they were required to abide by the advice and directions of the government.
Further H. Bareh in his another article, “Ancient
Khasi Polity”[51]has
focused on the traditional political institutions of the Khasi which was based
on a strong federal set-up, the Syiem being
the federal agency, the communes and villages being the federating units. The
state came into being as a result of agreements, covenants and contracts
entered by the various heads of the communes and units who consented to place
the Syiem at the top of the union.
The final authority thus lies with the Syiem’s
court. Here the author has focused on the powers and functions of the Syiem, the role and function of the
durbar and its impact on imparting and training the art of self-government and
creative citizenship to the people.
L. S. Gassahin the book ‘Traditional Institutions of Meghalaya: A Case study of Doloi and his administration[52]’
explained that the Jaintia society is a society in transition. In between this
transitional period the society still keeps its tradition, its traditional
social and political institutions, its culture, usages and such other varied
institutions that exist since time immemorial. Today the emergence of new power
structure has radically reduced the power of the chief and moreover in many
occasions there have tussle between the traditional elite represented by the
chiefs and headmen and the modern elites represented by the popular elected
MDCs. Further, H. G. Joshi,In his article ‘Traditional
Institutions and Leadership in Transition[53]’
argued that due to oncoming forces of newadministrative set up and
modernization process in the field of constitutional administration, the old
traditional institutions were in severe stress and strain. These changes had
brought immense effects on the power and functions of the traditional
institutions and the traditional chiefs. The old traditional values are being
replaced by the modern democratic values and ultimately they are being pushed
away under the overall control and supervision of the District Council.
A.K. Nongkynrih, in the book, ‘Khasi Society of Meghalaya; A Sociological understanding[54]’
presented the micro perspective of various institutions at the village level
like kinship relation, economic, political and religious. The author argued that
the village council is functioning based on the customary laws which are not
codified and its decision is not effective due to the lack of rigidity of the
council, lack of proper utilization of developmental grants and lack of
accountability.
Erbanoris Jyrwa, in the
book; ‘Administration of Justice in the
Khasi Hills[55]’
(2006),argued that the traditional judicial system was gradually fading away
due to the existence of the District Council which is created under the
sixth schedule of the Indian Constitution.
P. Malngiang in an article, “The Traditional Durbar System in the Khasi Hills”[56],
mentions about the changing patterns of the Khasi traditional durbar system where women and youth are
also permitted to take part in the village council or durbar shnong in the present time. A.K. Baruah in his paper, Ethnic Conflicts and Traditional Self-governing
Institutions: A Study of LaitumkhrahDorbar[57],
discusses the changing patterns of the traditional political institutions of
the Khasi where the representation of women and youth organizations as members
of the executive committee of the durbar
shnong exists though this is strictly against the traditional practices.
The author has argued about the conflict of values between traditional and
modern politics where traditional values are under pressure to accommodate
constitutional norms and practices of Indian Democracy.
P.N. Dutta’s book, Impact
of the West on Khasi and Jaintias,[58]
and Gurudas Das’s article, “Social Change and Traditional Tribal Political
System in Meghalaya”,[59]
have discussed about the impact of British rule on the traditional political
institutions of the Khasi where the powers of these traditional heads
completely lost their external sovereignty as well as certain internal
administrative and judicial powers to the colonial British rulers. The British
policies towards the Khasi-jaintia states have resulted in the extinction of Syiemship in Jaintia Hills and
submission of certain powers of the Khasi chiefs to the British authorities
which finally led to the lost of their ancient status.Similarly, S.K. Chaube’s
work, Hill Politics in North East India,[60]
deals mainly with the emergence of hill politics and the creation of the
District Council in North East India which brought the traditional institutions
and their chiefs under the supervision of the modern democratic institutions.
With the advent of new modern institutions, the powers and functions of the
traditional chiefs were threatened and for this reason, the Autonomous District
Councils were never welcomed.
Loukham Devarani
in her article on‘Customary Laws for Sustainable Community Development:
Descriptive Analysis of the Khasis of Rural Meghalaya[61]’argued
thatthe age old customary laws that was practiced by
the Khasis since ages are agents for sustainable livelihood and natural
resource management due to land and resources belonged to the community and
clans. However, with the forces of moderisation and commercialization, the
concept of privatization of resources started. The Village Dorbars were not
efficient enough to run the village with active people’s participation or
conserve the age old customary practices. It is no doubt that these
institutions are the storehouse of solutions to many modern day problems. The
need of the hour is certain reformations in its functioning as well as capacity
building of the people in general and headman in particular so as to enable
them to meet the changing needs of the people and function in bureaucratic
setting It is then more a question of transforming these institutions. The
traditional leaders need to show more leadership in matters related to
agricultural innovations, empowerment and capacity building of women and the
marginal and landless farmers and safeguarding the rights of the villagers
through commercial exploitation of their traditional knowledge, using customary
decision making process and laws as far as possible.
Vanthangpui Khobung[62], in his article ‘Local Self-Governing Institutions of the
Tribal in North-East India: A Study of the Village Authority/Council’ described
that in the wake of India’s independence from British rule, the tribal’s
were allowed to have institutions in accordance with their
traditional-customary laws and practices. This was done to preserve their
cultural identities, interests and allay their fears of exploitation at the
hands of the non-tribals. Hence, a variety of institutions dominated by the
traditional tribal culture with semi-autonomous and self-managing indigenous
local institutions at different level exist. In most cases, these changes have
been introduced in response to the administrative needs for the various
developmental policies of the state. Village Council plays an important part in
economic planning and implementations of policy programs at the grass-root
level. However, the author also stated that since time immemorial the women
folks are not given opportunity to participate in the functioning of village
governments and till date such discrimination continues to exist in the Village
Authority/Council. Therefore, in order to effectively pursue the various powers
and functions of Local Self-governing Institutions, there is an urgent need to
include women in such institutions through amending the existing laws.
Younis Ahmad Sheikh[63],
in the article, ‘People’s Participation in Local Governance in India’ describes
about the importance of decentralized
governance which have the potentiality that can lead to more flexible,
innovative and creative administrative setup. Democratic
decentralization is the process of developing functions and resources of state
from the centre to the elected representatives at the lower level, so as to
facilitate greater participation of people in governance. Such people-centered
grassroots level development process not only needs devolution of powers to the
rural masses but also involves sensitizing them, particularly the leaders,
towards activating them for their own common will, but the major drawback of
Indian democracy has been that the participation of citizens in governance was
more or less limited to periodic exercise or franchise to elected
representatives to the centre and state government.Therefore, decentralized
governance is a strategy for all people to enjoy equal rights and is an
instrument for building the capacity for economic development as seen in different nations or regions of the world,
national governments are following decentralized governance as a strategy to
strengthen accountability, political skills and national integration and
bringing government closer to the people. In India majority of population
resides in villages and a type of environment is required which make this large
section involve in the process of rural development and democracy. Again, the
author stated that attention should be given to the people's participation in
the political and development process at grassroots level which can brings
authorities closer to the people and increases transparency and accountability.
They felt that there is the need of sensitizing elected representatives at the
local level. The 73rd amendment has widened the democratic base of
the Indian polity. Dr. D Rajasekhar[64],
in the article, ‘Local Self-government in
India: An Overview’, the author discusses the problems about the disadvantaged
groups of women and households belonging to Scheduled Castes (SC) and Scheduled
Tribes (ST). To address these problems, large quantities of resources are spent
at the local level and several schemes/programmes with considerable budgetary
allocations are implemented. However, these programmes have not fully succeeded
to take benefits of development to the poor. An important contributing factor
for this problem is the non-involvement of the people for whom the programmes
are meant. Therefore, the need for micro-level institutions involving the
people in formulation, implementation and monitoring of the programmes has been
stressed and the introduction of decentralized local self-government in India
through 73rd Constitutional Amendment Act in 1992 is one or the
other way to solve this problem. Thus the decentralized government has the
potentiality to bring people centered for rural development but it requires
changes at two levels i.e., reform of state agencies towards decentralized
local governance, improved responsiveness and participation and another is the
rural people, including the poor, need to seize the new opportunities provided.
Ushnata Priya
Thapa[65]
in the article ‘Analysis
of Women Representatives in Panchayati Raj Institution in Sikkim’ tried to
discuss about the changes took place in the society where women have gained
immense position in Panchayati Raj Institution (PRI) in the State of Sikkim and
suggested various strategies for women empowerment. The author also stated that
empowering women through decentralization and 73rd Constitutional
Amendment Act is effective and crucial indicator that leads good governance and
promotes equality in political system which is taken to be good thing.
Rationally decentralization makes government’s policy more transparent and
foster more accountability at the grass root level. Again the author tries to
understand how political power has influence the people of Sikkim that have
brought changes in their socio-economic and political status.The author
revealed that through the policy of reservation women of Sikkim has made a
significant beginning and they are able to address the issues raised by the
public which is commendable. This shows that a large number of women are
effectively participating, making decisions and taking responsibilities in
Panchayat activities. They derive immense
support from the family and community members valuable so that the women can be
motivated to play the greater role for the betterment of society and enhance
their interest, executing with positive action.
Marfo Samuel1
& Musah Halidu[66]
in their article, ‘Examining the Position of the Chieftaincy Institution in
Modern Political System of Ghana’ describes the position of the chieftaincy
in Ghana during the pre-colonial period, in which the chieftaincy institution
was the main system of governance and adjudication of justice. However, with
the advent of modern political system of governance in Ghana and its
administration of justice, the chieftaincy institution now plays a subordinating
role to the modern state. With this change, some people are of the opinion that
the institution has become an anachronistic in contemporary Ghanaian political
discourse because the institution at present times is ripped with a number of
violent conflicts.
Khaikhohauh Gangte, Mangcha Touthang, Easwaran Kanagaraj[67], in their article, ‘Kuki Traditional Institutions and Development: Role of
Village Chiefs in Manipur’, discusses about the ‘Housa’ (Chieftainship) is the oldest form of tribal administration that still
works among the Kuki tribes of Manipur. Though in many tribal areas of
northeast, it was abolished and replaced by Village Council, Chieftainship
still functions as the system of local self government in the Kuki villages of
Manipur. In order to deal with them effectively it is necessary to strengthen
and empowere chief system, allocation of more funds for development of Kuki
areas, special financial assistance for the chief and inclusion of chiefs in
the district and state administration. However, it is argued that this system
needs to be replaced with more democratic and responsible local governance
system similar to that of the Panchayati raj institutions functioning in the
rural India. Therefore,
the Sixth Schedule of the Constitution of India should be reviewed at the
earliest and the traditional institution of chieftainship should be restricted
to ceremonial purposes and to democratize the Kuki society Panchayati Raj
institutions with at least a two tier system needs to be introduced. All the
efforts should be made to promote awareness among the Kuki people on democratic
decentralization and people’s participation in development.
Minakshi Keeni1 et al. (2018)[68]in their article ‘Women’s Issues in Meghalaya: Role of the
Government, NGOs, and the Village Leadership’describes about the
conditions of women’s living in matrilineal society of Meghalaya State. The
authors argued that although the NGOs contribute immensely towards creating the
awareness programmes about the various developmental programmes by providing
basic education, vocational training for self-employment, legal aids,
protection of woman at the grassroots level in remote areas for empowering
women. Further, it was found that there may be different perceptions of
opinions between the village leaders, government, and NGOs in regard to the
eradication of social and women’s issues. In order to overcome these problems,
the authors argued that there is need about women’s representation in the local
governance system. The NGOs, SHGs and other pressure groups while conducting
awareness programmes on developmental issues and at the same time should give
importance to the women being a part of the village councils. In the end, the
authors recommended for the inclusion of both men and women in the
developmental programmes in order to educate and encourage women.
From the survey of literature mentioned above it is
seen that though there are a number of works on traditional institutions yet no
study has been conducted on the traditional institution of West Khasi Hills
District in general and village council in West Khasi Hills District in
particular.
1.3: Objectives of
the Study
·
To
analyze the traditional governance system as it exists in various villages and
how it affects the tribal people in West Khasi Hills District.
·
To suggest measures towards improvement of an
effective governance system at the village level.
1.4: Research
Questions
·
The
elite class dominates the positions of headmen and members of executive
committee within the village council that hinder the active participation of
the common villagers at the village council.
·
. The performance
of traditional village administration system in West Khasi Hills District is
fading out due to the lack of knowledge about culture and traditional practices
which eroded the traditional system of the Village Council.
·
The
traditional governance systems played a significant role in life of the tribal
people in West Khasi Hills District; however the modern governance systems also
bring many constructive changes in the tribal society.
1.5:
Research Methodology
The
researcher adopted qualitative approach based on Case Study method for
understanding the different issues address in the village governance system in
West Khasi hills Dsitrict of Meghalaya State.
The total 13 participants participated in the study from different
backgrounds such as Village Headmen, NGO’s Leaders, and Leaders of women organizations
and One MDC of District Council.
1.6:
Analysis based on Case Study
The researcher
analyzed the case study on the basis of themes of governance system.
·
Issue
Relating to Gender: The first
agenda is about the Gender issue which is one of the important issues now days
in India and particularly in the State of Meghalaya. There is an evidence of
gender bias exists in our society in terms of role, status, economic, social
and political activities performed by the various institutions and
organizations. Shri Gabrial Wahlang, honourable Member of District Council,
Nongstoin Constituency, Shaining Kharbani, Headman Dilingim
Village, Nasar Syiem Jahnoh, Sirdar,
Jyrngam Sirdarship are unanimously agreed that as per the
customary laws, politics is considered as a male domain only, therefore the
women are not allowed to became as headman and executive members and also to
discuss any issues confronting the village matters at the Dorbar level. They
also expressed their views that in the modern times, women are at par with the
men in all spheres of life; therefore the customary laws need to modify in
order to make our society balance on the basis of consensus. Similarly, various NGO leaders such as Shri Dispetal Sunn, President ,West
Khasi Student Union , Franklin Roy Syiemiong, President, Khasi Student Union,
Nongstoin Circle, Rishot Skhembor Kharbani, General Secretary, Khasi Student
Union, West Khasi Hills District, Jestarland Lyngkhoi, President ,FKJGP,
Rambrai Circle, Shanbor Nongphud , Secretary, FKJGP, Rambrai Circle, Lumlang
Kharsyiemlieh, President, HYC, West
Khasi Hills District, Ready Fernandy
Sunn, Secretary, HYC, Nongstoin Circle are unanimously agreed that
gender norms and stereotypes of jobs can affect the roles that women occupy in
the society. They are often
facing bias and discrimination in all spheres of their life. Therefore, the
involvement of women in political and civic participation is to make our
society gender equality and also to remove all the barriers that
disproportionately affect women for the sustainable development of our society.
In the end, women organization leaders such as Smt. Pill
Byrsat, President Senglongkmie New Nongstoin, and Smt. Mombalynti Lyngkhoi, President , Senglongkmie Nondein
are argued that gender inequality is often create inequality in egalitarian
tribal society, may rise of rape and crime, and create single motherhood family
etc. In order to tackle all the problems in the society, women should allow
holding power in the village dorbar. The constitution and Government of India
had given equal power both men and women in the political sphere starting from
the parliament to the grass root level. Reservation policy for women in the
political institutions should strictly adhere so that all types of exploitation
and atrocities can be controlled in the society otherwise, the women will not
emancipate and empower rather exploitation will continue in the society.
·
Issue
Relating to Social issue:The second agenda of the discussion is about the
social issues. The participants are
broadly discussed about the important social issues that the society is
challenging now a day. These issues are drug
and alcohol addiction, poverty, corruption, unemployment, education, sexual
harassment in public places, early marriage and broken family. Shri Gabrial Wahlang, honourable Member of
District Council, Nongstoin Constituency opined that the Village council is
the most powerful institution to tackle the social problems and at the same
timeto solve socio-economic and educational and other related social problems
that exists in the society. Therefore, there is need to follow stringently both
the customary laws and the laws of India for the betterment of our society. Similarly,
Shaining Kharbani and Nasar Syiem Jahnoh expressed that the Village Defend
Party as constituted by the village dorbar as the main body to maintain harmony
in the villages, to control the anti-social elements and to arrest drug &
Alcohol addicts and also drug and alcohol sellers in order to tackle these
problems in the villages. Further, Shri
Franklin Roy Syiemiong argued that the village council has the responsibility
to govern and to exercise judicial power to ensure peace and harmony in the
village, to uplift the economy standards and also to ensure the economic rights
of the people through governmental schemes so that many social problems can
solve in our society. Thus, there is a need to conduct awareness campaigns on
how to grow and to teach their children in a proper way so that many social
problems can be controlled as expressed by the Shri Jestarland Lyngkhoi. Shri Shanbor Nongphud goes extent to say that
the village dorbar should make
stringent laws to control drug and alcohol related problems and issues relating
to broken families so that there will peace and tranquility in the society. In
the end, the parents should play a vital role to be the role model to socialize
their children in a proper manner so that many social problems can be
controlled in the village viewed by Smt. Mombalynti Lyngkhoi.
·
Issue
Relating to Migration:Migration is one of the important problems in the
society. In the state of Meghalaya, It is necessary to control the migration
problem by the village Dorbar. Shri Dispetal Sunn and Shri Franklin Roy
Syiemiong expressedthatVillage council need to follow according to the
administrative rule of the Hima 2006. Besides, the village council should respect
the rules and regulations to control the migration of the people. Shri. Nasar
Syiem Jahnoh opined in this context that the Non- Khasi people are not allowed
to migrate from other states to the state of Meghalaya but for Khasi people
there is no restriction to migrating from one area to other areas for Job and
business. In this context, Smt. Mombalynti Lyngkhoi opined that if any Khasi
who wants to migrate they have to produce their residential and character
certificate from the previous village and they have to pay the entry fees
according to the rate fixes by the village council and the office of Syiem.
According to Shri Gabriel Wahlang, under the Sixth Schedule there is a
provision for the protection of tribal people, the Non-Khasi people who came to
our state for both Business and work, they require labour permit and trading
license from the district council, so that they can work in any part of
Meghalaya provided that they should furnish their license certificate along
with other relevant documents for the permission into any village for work or
doing business.Therefore, it requires a universal rule for all the village
council should abide by the order of the District Council. The NGO’s and the
pressure groups should not create any sorts of hurdle in this regard.
·
Issue
Relating to Developmental Matters:According to R.Sunn, the village council
is responsible to implement the holistic developmental schemes such as, like
road, foot path, construction of school building, washing place, construction
of Village Dorbar, playground etc. either from the MDC or MLA or from any
government departmental scheme. In this context, Shri Gabriel Wahlang explains that the village dorbar
should see the optimum utilization of their resources for the development of
villages apart from the funds received either from Centre, State and District
Council.
·
Issue
Relating to the District Council:In regard to relation with District
Council, the members expressed their unanimous views with the following issues:
Ø
After
the village council elected their new headman, the council has to send to the
office of Syiem for recommendation.
Ø The Syiem
recommends and can remove the village headman. If there is vacancy for the post
of the headman, it is the Syiem who willlook after until the new headman was
elected.
Ø There should be
close relation between the village council and the District Council for the
creation of the village council and the headman with due consent or approval
from the Office of Syiem.
Ø Too much abuse of
power politics in district council will disturb the smooth functioning of the
village council, therefore, the village administrative bill are needed for
uniform implementation of the rules.
Ø
The
headman along the executive member of the village council should know the rules
and regulationsof the district council in matters pertaining to the village
council. On approval of the headman, the villages should elect their new
headman and refer to the office of the Sirdar and followed by the district
council for its recommendation. To create new village from the original
village, there should have the resolution to give permission or no objection
certificate to the one who want to create a new village, then the district
council will approve with official notification and will be recognized by the
government and will enter into the census of the government of India in order
to avail schemes. If there is any misunderstanding between the village and
office of the Syiem, it is the district council to solve the issues.
·
Issue
Relating to Syiemship:
In regard to
relation with Syiemship, the members expressed their unanimous views with the
following issues:
Ø Although the Village
Council is the subordinate body of the office of Syiem but loosely follow the codified
administrative rule of the office of Syiem.
Ø
Village
Council sometime by pass the rule of the Syiem which will affect their
relationship.
Ø
It
is the office of the Syiem who authorize for the creation of the new village
with proper territory and functions.
Ø
Now
a day the Syiem do not have time to visit the village frequently and this lead
to the decline of values of the office Syiem.
Ø
Of
course the office of the Syiem use to hold the Dorbar Hima once in year but it
requires calling for worship to discuss about the rules and regulations of the
Syiem.
·
Issue
Relating to area of Conflict of Traditional Vs Modern System of Administration:
Another important agenda of the discussion is about
the Conflict of traditional VS modern system of administration. The members are
suggested the valuable points under discussion as mentioned below:
Ø
The
traditional administrative system should cope-up with the new administrative
system without losing its significance.
Ø
The
traditional administrative system has less political unlike in the modern
administrative system.
Ø
Traditionally,
the village council strictly follows religious sanction but not today.
Ø
There
is a blend of traditional and modern system of administration is working in
West Khasi Hills District without conflict of interest.
Ø
Regarding
the mode of election of the headman, most of the villages have adopted the
modern method i.e. voting by secret ballot system.
Ø
No
fair election in the village council under traditional institution but in modem
political system, there is free and fair election. Traditional administrative
systems are more independent than the modern system.
Ø
Traditionally
the people respect and fear of the village council and even to the member of
the village council but now the people are no longer respect and fear of the
village unlike modern political institution.
·
Issue
Relating to the Promotion of Rural Tourism
The second last agenda of discussion is relating to the
promotion of village tourism. The members have suggested the following points
as mentioned below:
Ø Villages having
tourist spots, the dorbar should seek
financial assistance from the government so that it can provide jobs.
Ø Village council is
responsible to develop and maintain the tourist spots by collecting entry fees.
Ø Both Central and
State Governments should provide financial assistance to the village dorbar for setting up rural
tourism and also at the same time to
modernize the existing tourist places in order to attract tourists outside of
the state.
Ø There is need to
promote community tourism because most of the tourist places are having private
property of either clan or individual.
Ø The village dorbar
needs to preserve the heritage which exists in the village and try to convert
into the tourism village.
Ø The village
dorbar, office of Syiem, District Council and the State Government should
create awareness programme for preservation and promotion of tourist places.
Ø Extending MGNREGS
Scheme for Promotion of Rural Tourist Spots.
·
Issue
Relating to the Introduction of Inner Line Permit
The British Government introduced ‘Inner Line Permit’ on the Bengal Eastern Frontier Regulation Act (BEFR), 1873. It is a special permit required by “outsiders” from other regions of the country to enter the three states such as Arunachal Pradesh, Nagaland and Mizoram in North-East India. It is a travel document required by outsiders, including people from other states of the country while visiting to these three states. Recently, the Central government decided to extend the ILP to Manipur state in December, 2019 to allay fears of the people of the northeastern state after the introduction of Citizens Amendment Act (CAA) of 2019. In reaction to the fear of implementation of CAA and also with fear that the Central government will soon implement the National Residents Act (NRA), almost all the pressure groups under the banner of ‘Confederation of Meghalaya Social Organisations’ (CoMSO) are demanded the implementation of ‘Inner Line Permit’ in the State of Meghalaya. As a result, the Meghalaya Democratic Alliance under the leadership of Shri Congrad Sangma had passed resolution in the Assembly on December 19, 2019 in consultation with the various Stake holders and the same had submitted to the Central Government for its approval. There is a different viewpoint from the central government in regard to the implementation of ILP Act that the Meghalaya state is a transit state to other North Eastern States and at the same time, its economy is heavily depends on tourism as a main source of its revenue. In reaction to the delay of the Central Government nod to ILP, the MDA government passed the modified ‘Meghalaya Residents Safety and Security Act-2016’ and Setting up of ‘entry-exit points’ for restricting entry of outsiders to the state in order to control influx and illegal migration. The Act made a provision for compulsory registration of people such as tourists, labourers, business, education and other purposes before entering to the State of Meghalaya. The provisions of the act will not apply to employees of the centre, state and district councils. In case of violation, the offender will be liable to be punished under the section of 176 or 177 of the Indian Penal Code (IPC) 1860. After through discussion, some of the participants argued that it maylead to compromise of peace and security in the state and also affect the fragile demographic imbalance of the state and at the same time adversely impact employment opportunities of the local people. Similarly, the various pressure groups raised their voice that it is necessary to protect the identity and rights of its indigenous people and at the same time to control influx and illegal migration.
1.7:
Suggestions
The gender biased
social relationship describes the roles of tribal women, their responsibilities
and status. The tribal women are perceived as lacking in certain faculties,
which explains the role of women being grounded in the domestic spheres, and in
turn maintaining male dominated leadership and control in political affairs.
These women readily acknowledge an absence of social and communication skills,
basic reading and writing skills and social exposure to alternative public
activity and political participation. They lack decision making power within
their prescribed social roles which ultimately has led to the decision making
power in the hands of their own men. Since the state follows matrilineal family
system, it is still visible that the rules governing appropriate spheres of
activity are prescribed by men, and these tribal women fall in line with these
mandates. This perspective demonstrates the social construction of female and
male roles that are performed according to existing social norms.
Political activity
at the village level seems to fall outside the boundaries of social customary
laws and socially acceptable activities for women. Low levels of political socialization
by women are in part are explained by traditional political institutions where
in politics is considered as a male domain. The women are not allowed to
discuss any issues confronting the village at the Dorbar level. Lack of access
to formal education and restricted social interaction are products of their
limited social mobility and it seems to translate directly into their inability
to have their voices heard in political sphere. The electoral campaigns also
have less influence on women than men. The voting decisions of these tribal
women are often counseled. Therefore it is suggested by the investigator that
extension education is needed for women to participate in politics. It is
necessary to give them training and knowledge, so that they can know what is
happening in our country. The knowledge is essential for tribal women to be
able to participate effectively in political activities and thus enhancing the
level of their political socialization.
Earning a
livelihood is a priority and women in traditional Khasi society face work
related or time constraints in participating in political activities. They
often don’t attend the meetings at the village level even it is for
developmental programmes of the community. They also don’t join any
organisations at the community level. Thus unless these women are granted more
freedom, women’s access to political activities will be limited to
participation in meeting or participate in community organisation or even in
governmental programmes. So it is necessary for them to overcome household
dynamics that hinders their political and social activities.
Support and
encouragement of the family members is essential to enable these tribal women
to participate in political activities. Households that value mutual
understanding, respect for others, well raised children, proper education, good
social relations and free social interactions can help in increasing women’s
political socialisation. A free environment of love and support in the family
would further the cause of healthy discussions and liberty to express thoughts
which will be a mile stone in the political socialisation process.
The women’s voting
behaviour is strongly affected by their lack of mobility. When the freedom of
movement is limited, their ability to make informed decisions is also hindered.
They often do not have access to wider and accurate information. This has
resulted in spillover effect in terms of their confidence, lack of opinions and
solidarity, and access to formal education. Thus the researcher suggests that
the desire of these women in social involvement in the community affairs should
be respected and encouraged.
Inequitable power
relations with respect to political activity have resulted in restrictions on
women’s opportunities to engage themselves in the public sphere particularly
with respect to political activity. The barriers to their participation are
rooted in the social norms, perceptions and realities that are deeply embedded
in their way of living and knowing.
Therefore training, skill acquisition and literacy are indispensable
blocks to theses tribal women’s political socialization and it calls for education to address the
gender issues in politics.
To further
mobilize the women’s opportunities in the political sphere, it is important
that the policy makers and NGOs recognise the restrictions on women’s lives and
encourage more accurate perceptions and expressions of valuing, validating and
facilitating women’s multiple contribution to society as well their potential
for further meaningful and distinctive involvement in the public sphere. More
progressive programmes for women’s autonomy and improved political awareness
need to be advocated for women through public policies and NGO interventions.
Apart from, the
following suggestions have come after discussion to tackle all these problems
as summarized below:
1.8:
Conclusion
Village Dorbar
is
expected to function in accordance to the Codified Customary laws set by the
traditional Nongstoin Hima. They are
the agents for enforcement of customary laws, which were set in such a manner
that all were treated equally and that people judiciously utilize the natural
resources on which they depend. But, it was when population was less and
resources like land and forest used to belong to the community and clans. With
time, people have moved away from many of these practices. Changes in land
relations and commercialization of agriculture have left the Durbarwith
limited control over private properties. Weak enforcement, outdated regulations
and insensitivity of tribals have weakened the system. The demand for
recognition and empowerment of the traditional institutions in part is linked
to the poor performance of modern institutions of governance. The leaders lack
of education and appropriate skills to function in bureaucratic setting and
hence could not protect the tribal people from being exploited by the
bureaucrats and the relatively well-offs. The need of the hour is certain
reformations in its functioning as well as capacity building of the tribal people
in general and Village headman in particular so as to enable them to meet the
changing needs of the people and function in bureaucratic setting.
As far as Constitutional provisions
are concerned, however, there is scarcely any contradiction between the intent
in the Sixth Schedule and in the PRI system. In comparison to formal provisions
in the Constitution for relatively modern PRIs with a well-defined structure,
traditional institutions have an amorphous appearance. This attribute allows
them to permeate into the social fabric, often making them indistinguishable
from observed social customs. Often, these are quite effective in inculcating
certain morals and ethics while keeping incidences of infringement to a
minimum, and causing speedy conclusion of trials. The challenge in designing
local planning approaches in Meghalaya lies in harmonising the functions and
rights of traditional tribal self-governing village institutions with
constitutionally approved institutional mechanisms designed for modern
development and service delivery. Appropriate changes should be weaved in to
make the traditional institutions forward looking, and give them the capacity
to address the needs of today’s development. Maximising self-governance is
critical to empowering people, which will require strengthening of the
institutions of governance, and planning at the village level. Therefore, the
traditional systems of governance in Meghalaya need to be included in
development planning and service delivery, and given specific roles and
responsibilities.
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