Wider Lessons of Shiv Sena’s Latest Mumbai Experience

Friday 19 March 2010, by Balraj Puri

The setback that the parochial form of Maharashtrian regionalism has recently received may result in revival of the progressive potentialities that regional nationalism had once displayed. Its experience is of wider relevance in other parts of the country also and needs a more thorough debate than has taken so far. First, let us recall what happened in Mumbai.

The overwhelming response of the Mumbaikars to My Name Is Khan in defiance of the Shiv Sena’s call for the boycott of the film will have deeper lessons and for a longer period than any other contemporary event. Though multiplexes were reluctant to open the show in the morning due to the threat of the Sena, soon the houses were full as the police arrived to provide protection.

So far the Sena used to be handled by kid gloves and its threats used to work. But this time its bluff was called. Though the police was deployed in large numbers, still no action was taken against the leaders of the Sena.

Whatever differences one may have with the RSS, it has to be conceded that it took the first initiative in exposing the threat of the Sena’s parochial regionalism as a threat to its concept of extremist nationalism. The BJP dutifully followed suit and its spokesperson in Mumbai is said to have arranged two private shows for the glitterati of the town to convince them that there was nothing objectionable in it. Later it reiterated that despite differences with the Sena, the alliance with it would continue. This has demonstrated how two kinds of parochialism clash and weaken each other.

These developments emboldened the Congress party also. Its General Secretary Rahul Gandhi, in his usual novel style, had a one-day round on local trains. The Sena could not do anything to prevent it.

This further emboldened Shah Rukh Khan also; he refused to apologise and asserted his right as an Indian for free expression of his views. After all, what was his crime? He regretted non-inclusion of Pakistani cricketers in the IPL which many other Indians had done. Why was SRK the only target of the Sena’s ire? Just because he is a Muslim? But the foregoing developments had somewhat lowered the morale of the Sena and it withdrew the call for the boycott of SRK’s film.

Sena chief Bal Thackeray recovered his morale when Sharad Pawar visited him. Whatever transpired between them, the visit was untimely and unwise. Pawar is an important member of the Union Cabinet and his party is an ally of the Congress in the Maharashtra Government. It was after his visit that Thackeray revived his call for boycott of SRK’s film.

The Sena’s spokesman has discounted the extent of popular response to the film. But even he would not deny that SRK’s popularity rating at the national level is far higher than that of the Shiv Sena, if at all it has any. How could North Indians, whose boycott is the latent plank of the Sena, have any admiration for it? Even in the BJP-ruled State of Gujarat, the film was shown to packed audiences despite the protest of other members of the Sangh Parivar like the Bajrang Dal and VHP, besides the Sena. Internationally also the film has set a record in the sale of tickets. Above all, Shah Rukh Khan has emerged as an icon of Indian nationalism and has emboldened other voices of dissent. Karan Johar who, for instance, had apologised to the Shiv Sean for using Bombay instead of Mumbai in his film, and had offered an apology to the Shiv Sena giving an undertaking to correct his “mistake”, has now regretted to have done so.

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The Shiv Sena had survived on hate campaign and lack of courage of its opponents. Sometimes South Indians were its target. At other times it whipped up hatred against Muslims. In 1984, the Sikhs were attacked. Its current tirade is against the North Indians.

It we go back, at one time the Leftists were champions of regional nationalism and apart from Maharashtra championed it elsewhere also, when they believed that it had progressive potentialities. It did serve a progressive cause and also acted as a check on chauvinistic nationalism. The Samyukta Maharashtra Samiti for the formation of a Maharashtra State was led by the Leftists who became a formidable force when socialist leader George Fernades was called a giant killer after defeating S.K. Patil, the Congress strong man of Mumbai. It was also a period when socialist leaders like Asoka Mehta, Nath Pai, Madhu Limaye and N.G. Gore were returned to Parliament. It also saw rise of the Communist leader S.A. Dange and the trade union movement led by his party. Why could not the progressive character of Maharashtra’s regional nationalism be maintained for long? Why could not its progressive icons, like social reformers, be projected instead of the distorted and chauvinistic image of the symbols that the Shiv Sena adopted. For a while it served the Congress purpose of weakening the Leftist stronghold.

Bengali and Kashmiri patriotism have also shown positive and negative potentialies. Jyoti Basu could set up a record of three-decade rule of the CPI-M led government as a champion of Bengali patriotism and could introduce radical land reforms. But the failure of the West Bengal Government to reconcile the aspirations of Bengali patriotism with those of sub-regional identities was the main cause of the collapse of this citadel of communism.

Similarly, it was due to the strength of the sentiments of Kashmiri nationalism that it could maintain remarkable communal harmony in 1947 when the entire subcontinent was engulfed in communal conflagration. Land reforms in Kashmir were also unparalleled for their radical content. Kashmiri nationalism was, in turn, encouraged by India, the Soviet Union, America and Pakistan. But it could not throw up a powerful leadership of its own and control its direction. Moreover, its failure to come to terms with the urges of the other regions and non-Kashmiri speaking communities led to many complications in what is called the Kashmir problem. If rightly handled even smaller identities play a positive role. After all, it was caste politics that stemmed the Hindutva wave in UP and Bihar. The advantage of India’s rich diversity is that excesses of one often check those of the other.

WOMEN RESERVATION BILL AND POLITICS OF OBCS AND

MINORITIES

Asghar Ali Engineer

After fourteen years of women’s struggle, Rajya Sabha passed a women’s Reservation Bill last week with two-third majority for constitutional amendment. The OBC satraps did their best to forestall the Bill but did not succeed. Their argument that the bill will benefit only upper caste Hindu women at the cost of OBCs and minority women is only superficial and would hardly bears scrutiny. Truth is more complex and has to be examined with all its complexity.

In fact Dalits and OBCs have already been given reservation and that reservation is fully justified. But by giving them reservation within reservation can make them even more dependants on reservation. Also, when OBC men can fight elections and all of them are not highly educated, in fact many men are not literate beyond reading or writing their names why can’t women, even if not highly literate, can go to state assembly or parliament. And this is also not true that all OBC women are illiterate and all upper caste women are highly literate. Many upper caste women are also not highly literate.

Today female education is spreading fast and let alone OBC women even dalit women are also getting better educated than their mothers. Truth is much more complex. OBC men are not willing to allow their women folk to go to state assemblies or parliament. They do not want to part with their share of power. If women start representing in assemblies and parliament they will become dominant and assertive of their power. It hurts their male ego.

Also, if they are really concerned about their women getting reservation why can’t they give 33% reservation to their women in party nomination. Why do they want quota within quota? They want extra reservation so that they do not want to cut down their own representation in parliament or assembly. And again who can say that the benefit will not go only to creamy layer among OBC. So far all the benefits of reservation have gone to creamy layers among OBCs and dalits. There is no reason to believe that political reservation will benefit all. The dalits and OBCs as a whole have remained extremely poor and illiterate.

But the OBC satraps due to their numbers in Parliament are able to dictate terms and specially for passing the Finance Bill and without their cooperation Finance Bill can be stalled. That is the Government changed its strategy and postponed presenting Women’s Reservation Bill in Lok Sabha until May so that it can seek cooperation of OBC satraps in passing the Finance Bill.

But even in May these OBC leaders in Lok Sabha can succeed in stalling the Women’s Reservation Bill and Mulayam Singh Yadav is talking of compromising by conceding twenty per cent seats for women in parliament and state assemblies. And government also may compromise to ensure smooth passage of Bill. This would certainly be at the cost of justice to women. But in politics of vote bank who cares for justice. And it seems Government may accept 20% reservation for women. The Bill could have been passed 14 years ago with these amendments. Why then Government waited for 14 long years if it had to accept such a compromise. I wish the government does not give in to such pressures. It will be gross injustice to cause of women. And that too those OBC leaders who are crying foul for non representation of OBC women did not hesitate to make their wives even chief minister of the state. Laloo Prasad’s wife Rabri Devi was made Chief Minister of Bihar who did not have any experience in politics, much less administering a huge state like Bihar. Similarly, BJP Uma Bharti, another OBC woman, Chief Minister of another big state like Madhya Pradesh. She too had hardly any experience except being mass agitator and a demagogue.

Reservation for Muslim Women

Mulayam Singh Yadav and Laloo Prasad Yadav also are saying, to strengthen their position that a sub-quota be given to Muslim women. This has no iota of sincerity. Had they been sincere, they would have given tickets to Muslim women of their respective parties either for parliamentary elections or to say the least, assembly elections. As far as we know, these leaders did not give tickets even to Muslim men, in proportion to their population, let alone to Muslim women. Now to demand sub-quota for Muslim women is nothing more than politicking for winning support of Muslims. It is nothing more than mere politicking. It is this kind of politicking which denies justice to minorities and others. And as pointed out above, this is not even doing justice to OBC but only to creamy layer.

Much greater irony is Muslim community does not speak in one voice even for its own benefit. While political minded Muslims are demanding sub-quota for Muslims the conservative Ulema are banning Muslim women from the arena of representational politics. Few years ago when women were given 33% and in some states even 50% representation in panchayats, zilla parishad and municipal elections, a Muslim woman from Deoband filed her nomination for Municipal board election. A fatwa was issued by muftis of Deoband that it is haram for Muslim women to fight elections and campaign among men. However, the Muslim woman showed determination and refused to withdraw her nomination. The muftis then relaxed and asked her to wear hijab for campaigning among men. The woman again refused to bow down to wishes of muftis and campaigned and even won the election. Now we have news from Nadwatul Ulema, Lucknow that women should sit at home and perform her domestic chores than enter into public arena.

Our Ulema from India do not even know that Pakistan, the so called Islamic State has already given 22% reservation to women in National Assembly. Either this news has not reached Indian Ulema or they consider reservation for women in Pakistan “un Islamic”. The Indian Ulema unfortunately are totally cut off from the modern world. They are still living the medieval Islam which they study in the books written by Islamic jurists and scholars of medieval era. It appears they consider medieval Islam as the only Islam they know. For them women have been created to serve their husbands and any other role for women as “un-Islamic”. They even refuse to take cognizance of what is going on in other Islamic countries like Iran, Saudi Arabia, Kuwait, Indonesia and Malaysia. In Saudi Arabia, which is considered strictest regime for women, King Abdullah has nominated a woman as a cabinet minister. In Iran women freely contest parliamentary elections and have become achievers in various fields of life. In Kuwait women fought their case up to Supreme Court to go to parliament without wearing hijab. In Malaysia, women have been appointed to naval ships and in Indonesia a Muslim woman Megawati Sukarnoputri became president of the country. And of course in Pakistan Benazir Bhutto was elected as Prime Minister. In Bangladesh power rotates between Khaleda Zia and Haseena Wajed.

In our opinion it is government’s duty to ensure justice to women of all castes and communities and to refuse to slash 33% quota under pressure and there should not be sub-quotas for castes and communities. The democratic ideal requires that justice be done to women as a whole and all women to whatever castes and communities they belong to should have fair representation without taking resort to quota and suppose quota is agreed to how long will it last? Will it not become a permanent feature of Indian politics? Justice requires that only creamy layers and close relatives of regional satraps like Mulayam Singh Yadav and Laloo Prasad Yadav and other OBC leaders could not be the only beneficiaries of reservations.

Getting to Work on Fissile Material Production and Space Security

By Michael Krepon

The 65-nation Conference on Disarmament in Geneva is tied up in knots because it operates by consensus and because it proceeds as if the Cold War never ended.  Its last substantive achievement was the Comprehensive Test Ban Treaty in 1996. A fragile consensus was reached last May to tackle an agenda that includes negotiations on a treaty banning fissile material production for nuclear weapons and discussions on new measures to enhance space security.  But this work program has once again been stymied by the CD’s consensus rule. This time, the most reluctant party is Pakistan, which has backtracked by raising concerns over the scope of a prospective cutoff treaty.  Because the CD’s agenda items are linked, discussions on preventing further tests of anti-satellite weapons can also remain in limbo.   

In 1999, the Tokyo Forum, a group of international experts assembled by the Government of Japan, reached the following conclusion: “The Conference on Disarmament should suspend its operations unless it can revise its procedures, update its work program, and carry out purposeful work.”  There can no longer be any doubt that alternative means and venues are required to work on fissile material production and space security.  My suggestion is to create small, ad hoc bodies organized by states with vested interests in successful outcomes.  Results-oriented states can now send a clear signal of their intentions by dispensing with the consensus rule in these ad hoc bodies.  Participating states can provide progress reports to the moribund CD, and if talks produce worthwhile agreements, they can be sent to the CD for approval.  Alternatively, as was the case with the 1996 Comprehensive Test Ban Treaty, an agreed text can be routed directly to the United Nations General Assembly to receive that body’s overwhelming endorsement. 

Accords reached in this manner risk losing the adherence of key states that feel disenfranchised – a significant drawback if the outliers are major powers. But the alternative – if consensus remains elusive – is no meaningful discussions or negotiations whatsoever. The first option is regrettable.  The second option is much worse than regrettable.  

The perils of not securing consensus were on display in the negotiating end game of the Test Ban Treaty.  New Delhi withdrew its support for the CTBT in Geneva at the eleventh hour, which led to the Treaty’s unusual submittal to the United Nations. We cannot, however, blame the consensus rule for the CTBT remaining in limbo, because India has company: ten other countries (including Pakistan) have yet to sign the CTBT, while the United States, China, and seven other key countries have yet to deposit their instruments of ratification. The real culprit here is not the consensus rule, but the CTBT’s wretched entry-into-force provision, which requires no less than 44 states to ratify. This poison pill provision – the handiwork of Great Britain, France, Russia and China – offers foot draggers incentives rather than penalties.   

Islamabad’s concerns over the scope and timing of a fissile material cutoff treaty clarify the obvious: this treaty faces a very long and bumpy road. The few countries now producing fissile material for nuclear weapons are doing so because of deeply-felt national security concerns. They are also extremely leery of monitoring required for confidence in compliance.  

Islamabad’s blocking maneuver may be temporary, but it speaks volumes about the mindset of Pakistan’s nuclear stewards.  Even before the U.S.-India civil nuclear cooperation agreement championed by President George W. Bush, Pakistan was planning the construction of two additional plutonium production reactors.  Prospects for progress on the cutoff became more remote after the U.S. Congress and the Nuclear Suppliers Group endorsed the deal, which loosened global rules of nuclear commerce to benefit India without requiring compensatory steps to shore up global nonproliferation norms. A similar deal was nixed for Pakistan. 

Islamabad’s stiffened response reflects concerns over India’s plans for fast breeder reactors that can produce large quantities of bomb-making material, its new ability to purchase fuel from nuclear suppliers, as well as growing concerns that Washington and Beijing may not be counted on to provide back-up when needed.  

It will be very hard to bring Pakistan, India and Israel on board the cutoff treaty. But the road ahead does not improve by delaying the trip. Security concerns may be alleviated in part by a combination of remote and in situ monitoring, which were dismissed by the Bush administration, but which can now be contemplated – yet another reason for an ad hoc body to begin discussions on the cutoff. Rome wasn’t built in a day, and a cutoff treaty may evolve from many prior steps, including a moratorium among major powers that becomes a test bed for monitoring arrangements.   

Discussions on space security measures also face tough sledding.  Agreements limiting military options in space are extremely rare: the last major accomplishment, the Outer Space Treaty, was negotiated over forty years ago.  Nuclear negotiations usually take priority over space talks, and useful advances can easily be lost through overreaching. If, for example, Moscow and Beijing now insist on renegotiating parts of the Anti-Ballistic Missile Treaty, a rare opportunity to prevent anti-satellite tests will be lost.  Time is wasting – and important opportunities can be lost by waiting for the CD to get its act together. 

Perceptions of an Activist—Scholar on Kashmir

Prof . Avinash Kolhe

Kashmir: Insurgency and After By Balraj Puri Orient Longman Pvt. Ltd Pages: 158, Price: Rs 245/- Kashmir has been in and out of the news. Last month, thanks to the issue of Amarnath shrine land transfer, the State was back on the front pages. The situation there is so fluid that one never knows what can create communal tension leasing to riots. It has become highly unpredictable. Hence it is equally necessary to understand the background of the K factor. Balraj Puri, a senior Jammu-journo has come out with highly readable and informative book, “Kashmir: Insurgency and After”. This small book is part of the series ‘Tracts for the Times’ launched some years ago by Orient Longman. This edition has preface of the general editor of the series Neeladri Bhattacharya. The editor rightly talks about the need to recognize the legitimacy or regional identities and how the failure of which leads to alienation and anger. Puri’s book has this as the central theme.

Puri shows in the introduction that contrary to the popular perception, Jammu was never a Hindu majority region. Before 1947, it had a Muslim majority and was the most populous region of the state. (p2). No wonder the study of K factor it full of complexity demanding out-most objectivity. Puri begins his narrative from the issue of accession of J&K to India. He notes the Hindu Maharaja of the state was reluctant to opt for India. While Muslim League and Pakistan government recognized the right of the ruler of decide the issue of accession, Congress leaders including Gandhi and Indian government maintained that this right belonged to the people of the princely States. That won over overwhelming majority of Kashmiri Muslims for India who resisted tribal raid on Kashmir till the arrival of the Indian army in 1947. In October 1947 a war broke out on Kashmir. Since India-Pakistan could not settle issue amicably, India decided to approach UN. Here Puri discusses the background of how the issue reached the UN. He notes, it is intriguing that, instead of lodging its complaint under Chapter VII of the UN charter which deals with acts of aggression, India invoked Chapter VI under which parties to the dispute seek pacific settlement of disputes by ‘negotiations, enquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice’ (p 17). Coming from a senior scholar like Puri this comment is quite surprising. By now it is fairly settled that it was Mountbatten who forced Nehru to take the Kashmir problem to UN.

The cease-fire ordered Jammu had larger population and area than Kashmir. After the cease-fore cut this into two, Jammu had still larger area but less population than the Kashmir valley. It created tension between Jammu-based leadership and Kashmir-based leadership. (p 28). Since then there has demands for regional autonomy within the state. Puri himself has been an active supporter of equitable sharing of political power by the three units of the State: Jammu, Kashmir valley and Ladakh. His idea was accepted by Nehru and Abdullah who announced at a joint press conference on 24 July 1952 that the constitution of the state when framed would provide for regional autonomy. The Amarnath land transfer issue and communal polarization between Jammu and Kashmir need to be seen in this context. Puri shows how the peculiar nature of the state did not allow the true democracy to flourish. The state began to chant, one leader (Abdullah), one-party (National Conference) and one-Programme (party manifesto called New Kashmir). This turned Kashmir into a monolithic society led by an authoritarian leader who did not tolerate the slightest dissent. (p 47). Similarly the peculiar nature of Kashmir problem forced Indian scholars not to question the impartiality of elections held in Kashmir. Puri rightly notes that ‘it is by now universally recognized that the elections in the state were usually manipulated.. it was therefore considered less than patriotiS to challenge the fairness of the elections.’ It means people’s wishes were never truly reflected through the ballot boxes. Are we not paying a heavy price of this now? The assembly elections held in March 1987 were the last straw. Puri comments, ‘Pakistans’s independence day on 14 August 1988 was celebrated and a bandh was organized and black flags were raised on India’s independence…and a condolence demonstration was held on the death of the Pakistan president, Ziz-ul-Haq on 17 August. (P60). By then alienation was total and insurgency had begun. Counter productive repression and the Pandit migration followed. (p 70). This background is quite important than the latest situation, which is too well known.

Puri has marshaled all the data to paint an objective picture. There have been human rights violations; a regime of terror was let loose. Puri shows that, many inquiry reports were never made public on the plea that they would demoralize the security forces, (p 82). Fortunately there have been independent bodies like Amnesty International and Asia Watch, the America-based human rights organization which took Indian security forces as well as the militants to task. In the penultimate chapter Puri has discussed how the militancy is declining. The bus journey to Lahore in 1999, the Agra summit of 2001, Pakistan’s declaration of ceasefire on LOC in November 2003, etc. are important events in this context. Puri notes that, an indication of improvement in the overall atmosphere, was however, available when the Pandits celebrated Dussehra in October 2007 after two decades (p 110). As noted Puri is not only a scholar but an activist too. He wants to problem to be resolved peacefully for which he has some alternatives. He believes in multiculturalism, equal rights for the followers of all faiths individual freedom and respect for dissent. He has been an integral part of the struggle for better Kashmir. He has worked with Sheikh Abdullah, Pandit Nehru. He was the head of the Regional Autonomy Committee, 1999. Hence this tract becomes unique in the sense that it has been penned by a senior activist-scholar, a rare breed.

Changing face of Indian Muslim

Muslims of India Since Partition, Balraj Puri, Gyan Publishing House, pp 246, Rs 540.00

This book is a collection of articles published in newspapers and journals at different times and on various aspects of Indian Muslims. The author primarily deals with the post-Partition problems concerning the Muslims of India from time to time. Islam has acquired considerable importance as a subject of study with theories like the “clash of civilisations” precipitating assertion of political Islam. Recent events like the American action in Afghanistan and Iraq have set in a process of “homogenisation of Islam”, says the author.

Decolonisation of Muslim countries in the mid-20th century, the boom in oil prices and consequent flow of wealth, globalisation and info-technical revolution have brought the Muslim countries closer, making them conscious of their international corporate identity. Islamists claim that Islam is the most comprehensive religion because ulama quotes references and sayings from the Quran and from the practices of the Prophet preserved in the form of Hadith to guide the actions of the followers of the faith.

Following the Al Qaeda attack on World Trade Towers, America unleashed attacks on Afghanistan, Iraq and threatened Iran without taking into account the micro differences and micro realities present among the Muslims of different countries. The fact is that Al-Qaeda called Saddam Hussein of Iraq an infidel for his support to socialist ideology and also Arab nationalism has always been in conflict with ethnically different Iran led by Shia clergy. The author of this book says that differences in the Muslim countries need to be taken to account to make more correct generalisations of the Muslim world.

The book is a study of the Muslims of India since Partition and the Muslim community was born after the division of colonial India into two entities—India and Pakistan. In India, Islam came into contact with an amorphous Indian civilisation when it first entered the subcontinent. The civilisation comprised many indigenous traditions which influenced Islam and in turn were influenced by it. “This two-way assimilation created local cultures within their distinct syncretic cultural identities,” says the author. How these traditions gave way to a large tradition under the impact of the British rule and process of modernisation are discussed in detail in the book.

Beginning with the Partition the book discusses Iqbal who advised Jinnah “to ignore the Muslim-minority provinces” and concentrate on Muslims of the north and west India for accession to Pakistan. But soon after Partition, the entire Muslim League members along with the administrative, social, cultural and intellectual Muslim elite left for Pakistan, leaving behind the Indian Muslims leaderless and impoverished. In 1947, the Muslims in India lost much of the respect of the majority community for the role they played in the disintegration of the country. It was Maulana Abul Kalam Azad, ‘the lonely and tragic figure of Muslim politics’, who acted as the beacon light to local Muslims, exhorting them “to take the pledge that this country is ours, that we belong to it and the fundamental decisions of its destiny will remain incomplete till we participate in them.”

Keeping in view a broad distinction between religion and identity of Indian Muslims, the issues discussed in the book deal mainly with Muslims and not Islam, though related to each other. It suggests that the Muslims must learn to assert themselves for a due share as Scheduled Castes and a larger percentage under other backward classes and that they have the potential of being a national asset and of playing a role in relieving the Muslim world from the crisis it today finds itself in.

This is a book which should provide succour to the Muslims of India on finding such a supporter in Balraj Puri in India.

(Gyan Publishing House, 5 Ansari Road, Daryaganj, New Delhi-110 002.)

Jammu Muslims : Donot divide communities

JAMMU, Nov 6: Shutdowns and protests in Kashmir are nothing new but today it was a strange reason. The Kashmir Coordination Committee had called for a protest march to protest the atrocities against Muslims in Jammu in 1947 –perhaps first such protest since 1947.
Muslims in Jammu have taken this stance of the Coordination Committee with a pinch of salt and have sought to convey that they should be left alone.
Several Muslim leaders in Jammu, while reacting to the Kashmir Coordination Committee decision have observed that the sympathy shown by Kashmiri separatist or leaders after 60 years is nothing but to keep themselves in lime light. They said these leaders have never been interested in the issues and concerns of Jammu Muslims and this sudden stand is an unusual separatist political posturing.
“This is no issue after 60 years, no doubt it was an unfortunate issue”, says Prof Zahooruddin, a leading educationist and literary personality. He added, “not only Muslims even Hindus and Sikh too were victims of this”. It will be better to maintain express solidarity with the people of all communities. “He said forget the past for the betterment of all communities”, says Din.
Sheikh Shakeel, leading lawyer of the region, said Jammu Muslim is a nationalist and have no bias against any person or community. He said it is surprising to see that after 60 years Kashmiris raise voice about Jammu Muslims. He said during the partition of the country every community suffered and as much we should not open graves, but work for the betterment of people and accelerate pace of development. “Kashmirs people ruled over Jammu and are today raising new slogans, which no body is ready to digest”, Shakeel feels.
Abdul Majid, president Muslim federation said, “it is very unfortunate that issue has been raised by Kashmiri leaders” and added “one fails to understand why they (separatists) don’t look for some peaceful formula to settle down all issues once for all”. He said nobody is interested in creating trouble but want peace and development.
Veteran Parliamentarian, Sheikh Abdul Rehman, who is also state chief of Samajwadi party was the opinion that it is Kashmir leaders’ own issue, Jammu Muslims have no interest with this. But one thing is important, that Kashmiri leaders always exploit Jammuites which include Muslims of the region and used them as a vote bank. He said that wall of hatred be removed and work for the betterment of state, and country. Every religion teach us to live in a peaceful atmosphere and love each other. Jammu Muslim is a nationalist and always believe in communal harmony.

Courtesy Early Times

Bridge communication gap between valley and Jammu:Puri

Balraj Puri, told the Governor,  Shri N N Vohra whom he met in Srinagar, that the most urgent problem in the state was growing communication gap between the two regions of the state where every event and fact have different versions. He suggested that various professional groups and academicians should be encouraged from one region to visit the other region and meet their counterparts, apart from release of objective and credible official information.

In his view any talk of election in the present surcharged atmosphere would be counter productive.

He regretted that the security forces were still using outdated methods to deal with demonstrations resulting in avoidable loss of lives. He suggested that water cannons, sound guns and rubber bullets, which are used elsewhere should be adopted in the state.

He reminded the Governor that the former Chief Minister GN Azad had assured that from this year international flights would be introduced which carry Haj aspirants directly to Jeddah. As that had not been done and till it was done, he suggested Haj pilgrims from Jammu should be given an option to board the direct flight to Jeddah either from Srinagar or Delhi. For many of them, option in his view, the latter option would be far more convenient and less expensive.

The Governor gave a patient hearing to Puri and assured due consideration to the points raised by him, he said.

PDP Vs former Governor SK Sinha showdown

Sinha terms PDP as "anti national" in an interview to PTI. 

Peoples Democratic Party (PDP)  workers today  burnt effigy of Gen Sinha at party headquarters.Reacting to Gen Sinha's remarks against the party and its patron Mufti Mohammad Sayeed, PDP district president Srinagar Ghulam Qadir Pardesi said, "Such remarks can only come out of a frustrated mind and these could not deter PDP from its duty towards the people."

In a show of strength, the three parties that emerged victorious in Pakistan's general election - Pakistan People's Party, Pakistan Muslim League-Nawaz and Awami National Party � on Wednesday claimed they had a two-thirds majority in new Parliament and demanded that the National Assembly be convened immediately.

At a luncheon hosted by PPP co-chairman Asif Ali Zardari for newly elected Parliamentarians, leaders of the three parties said they would support each other to form the federal government and to change the establishment to ensure that the military no longer had a role in Pakistan's politics.

Without naming President Pervez Musharraf , Zardari emphasised the need to change the system. PML-N chief and former premier Nawaz Sharif was more forthright in his comments against Musharraf, saying the former military ruler should realise that the three parties and their supporters had a two-thirds majority.

"The nation has given a verdict against dictatorship, the nation has given a verdict from every nook and corner for democracy. And the people who really believe in democracy are sitting here together," Sharif said.

"Please see the numbers Mr Musharraf. We already have a two-thirds majority and I would like to inform Mr Musharraf we are not prepared to wait for a single more day for the assembly to be convened," he said to loud applause.

The PPP won the maximum 88 seats in the February 18 polls followed by PML-N, which bagged 66. The ANP has 10 National Assembly seats.

Sharif urged the Election Commission to officially declare the results of the polls and the session of the National Assembly be convened the 'very next day' so that the new government could be formed.

Zardari, whose party has not pressed as strongly as the PML-N for the ouster of Musharraf, said he did not want revenge for his assassinated wife, former premier Benazir Bhutto [ but wanted to change the establishment.

"Pakistan stands on the verge of disaster, but it also stands on the verge of opportunity," Zardari said, adding the results of the February 18 general election had provided a 'window of opportunity' to usher in complete democracy.

Zardari, Sharif and ANP leader Asfandyar Wali Khan also paid rich tributes to Bhutto, saying she had sacrificed her life for the cause of democracy.

Sharif said the occasion reminded him of Bhutto and what it 'would have been like if she was still among us'. He added, "We all miss her very badly".

Senior PPP leader Makhdoom Amin Fahim, who has emerged as the front-runner for the post of prime minister, also attended the meeting.

Altogether 171 newly elected members of the National Assembly were present. The number is short of a two-thirds majority but party officials are confident of roping in more independent lawmakers to reach the magic figure.

“Like piano players,” wrote a distinguished scholar, “leaders also need to be adept improvisers, willing to set aside their scripts and listen for signals, follow their instincts, and imagine a future that has not yet arrived.”

Imagining a future that has not yet arrived is what Pakistan’s contemporary politics is all about. Our future demands revolutionary changes from the political status-quo that has prevailed in this country for the past 6 decades – and from the anticipated political future, where the present political dispensation will continue after elections should the Musharraf-Benazir team be at the helm of political affairs. In a coalition government, the Sharif brothers’ role as leaders of a major political party (not as members of Parliament) will have to be defined as outrightly revolutionary.  This is how they will politically survive and contribute to the nation’s well-being in the volcanic future that awaits Pakistan, starting post-elections.  Failing to reinvent themselves as such, the Sharif brothers will become lame ducks, as good as dead, politically.

Musharraf’s 8-year rule, resulting in deformed political institutions in the country, has put the Sharif brothers in the spotlight. Being the leaders of the most powerful political party in Punjab, and with a reasonable following throughout the country, the burden of responsibility for revolutionary democratic change in the political landscape of Pakistan and its power structure rests squarely on the Sharif brothers now.

But the question is: Can they handle it? Are they capable of doing the needful and save Pakistan and its people from another impending future political atrocity? Are they aware of the historical role that has been entrusted upon them by the turn of events in the country? Can they honor their own commitments? Do they understand the demands of  civil society? Can they comprehend the lawyers movement? Do they follow in earnest the constitutional damage that has been inflicted by removing the Chief Justice of Pakistan and other judges of the apex courts? Can the Sharif brothers deliver to the masses what they demand? Can they conceptualize the difference between minor changes in the status-quo and revolutionary change? Are they politically competent to enact ground-breaking changes in Pakistan’s polity? Are they politically proficient enough to take on the challenges and constructively confront grave dangers that confront Pakistan now and after the elections, should the present political structure prevail? Are they able to differentiate between political managers and political leaders? Can the Sharif brothers re-invent themselves and transform their political role into revolutionary leadership?

In the historical and evolutionarily political context, the Sharif brothers can be best described as political managers. During their stance of power, they worked to preserve the political status-quo, pursued business-friendly economic policies, maintained the traditional rhetoric of promoting political and economical stability, enfranchised military with more economic and institutional power, remained faithful to the historical foreign policy linkage to the US and the West, and did not do much to enact fundamental changes in the power-structure and in the decision-making processes of the country.

In addition, many close associates of the Sharif brothers saw their main faults as being remote, dictatorial and disinclined to listen to the concerns of the party and its allies. There was a common perception that a “Kitchen Cabinet” invariably prevailed in all national and provincial political decision-making. It was in this context that decisions were made to appoint Rafiq Tarrar as president and General Pervez Musharraf as the COAS – in a unilateral decision-making anti-democratic mind-set.

In re-inventing themselves, the Sharif brothers will be required to transform themselves from political managers (which they have been so far) into political leaders (which they need to be to survive politically in future Pakistan).

Political management is a process that gets the work done through others. It involves planning, organizing, leading and controlling, which are critical steps in the process of getting the national agenda accepted. It is an essential component of an efficient state organization, but it is not a substitute for political leadership.

Political leadership, on the other hand, is fundamentally a different notion and involves a different set of dynamics. It involves developing a vision, an ability to influence others, creating willing followers, an appreciation of situational appropriateness, and consistent and constant communication with all levels of society (examine the present political regime in Islamabad in this context to understand the lack of political leadership in Pakistan).

“Perhaps… the distinction between the two perspectives is that managers are people who do things right and leaders are people who do the right things.” Leadership involves strategic and tactical skills in innovation and change, and constructive and productive dealings with national political turbulence. Political managers rely on authority and positional power to maintain so-called economic and political stability and pursue the status-quo.  (Progressive democratic regimes do not impose a state of emergency or martial law. -- Again examine the incumbent administration in Islamabad in this context and see its recent failures.)

Political leadership, on the other hand, is the art of influencing others, adapting to the situational circumstances, effectively energizing followers, listening and using feedback, creating multiple channels of communication and recognizing public opinion in the making of national policies (it is evident that the present political establishment has failed on all of these accounts). An effective political leadership, in absolute essence, alters the political status-quo.

Can the Sharif brothers alter the decades-old political status-quo in Pakistan now? Can they stop relentlessly harping on the need for so-called economic and political stability as a cover-up for the reactionary and regressive politics of successive military dictators, civilian regimes and traditional right-wing politicians? Can they suspend the politics of fear imposed on the nation in the so-called “war on extremism and terror”? Can they terminate the nature of the contemporary American connection with Pakistan? Can they put the military back in the barracks? Can they restore the judiciary to pre-November status? Can they influence the followers and invigorate the voters? Can they heal the sufferings of Pakistani masses? Can they give an alternate model of economic development? Can they provide a new VISION?  Can they engineer a White Revolution in Pakistan -- symbolizing a part of the nation’s flag and the metaphorical purity implicit in the name of the country (just as the Yellow Revolution signifies peaceful revolutionary democratic transformation in Kyrgyzstan by people’s power)?

These are the million dollar questions that only the Sharif brothers can answer. Due to the fact that the elections have not been boycotted (which they had pledged to), the task of national reconstruction and re-habilitation will become far more difficult and problematic.

And yet, the Sharif brothers can re-invent themselves to meet the challenges – but it needs imaginative vision and a departure from the politics of status-quo.

Will they do it? Time will be the judge.

“…leaders are like contributing members of an improvisational jazz group. The musicians carefully listen to each other and use the interplay to create new directions.”

The nation awaits the Sharif brothers re-inventing themselves!

But will they? That is the real question…!

Of 2267 Militants Killed Only 8 Were Jobless;
18-35 Age Group The Most Targeted Group
Mir Faheem Aslam
Srinagar, Oct 27: The number of people killed in the resistance movement since 1989 have become a mere statistic, and even those statistics are being contested. The context in which these people died has been undermined. This was stated by Jammu Kashmir Coalition of Civil Society (JKCCS) while releasing the report of the first comprehensive survey about the death toll in Varmul district.
 The report titled �Dead but not Forgotten� and �dedicated to the people�s resistance against occupation� has, according to the JKCCS,  �brought alive the profile of the dead, and by so doing, fill out the contemporary history of our people, and rescue those who died in a struggle for freedom from becoming mere statistics in the records of an occupation force.�
 The report states that in any war there are casualties. And amongst those who get killed there are combatants as well as civilians. �But by leaving that death toll unexamined, by remaining innocent of the context and circumstances in which these deaths take place, one can never hope to understand what the nature of the conflict is. It was to provide precisely this context that the Survey of Death Toll in District Varmul was undertaken.�
 The figures in the report, collected by a team of volunteers painstakingly over a period of three years by visiting door to door each affected family in all the villages of the district (barring four, where army didn�t permit them to go), have thrown a new light on the armed struggle since 1989. 
 The report puts the death toll in the district at 5106 with a small margin of error due to the continuing nature of the conflict. But for the first time the report has focused on the person�s age, occupation, education, marital status, income, who killed him, his political affiliations, how, when, and where he was killed, and much more, and more importantly what did they leave behind: orphans, widows, and dependent families.
 A significant fact revealed by the report is that most of the people, civilians and militants, were in the age group of 18-35, suggesting that this age group was the �prime target� of the forces.
  �This is the age group that comprises the bread earners who contribute significantly to their household income,� said Pervaiz Imroz, the JKCCS chairman. �It was not only the lives lost but the livelihood, too, that was taken away, leaving the families in penury.�  
 Gautam Navlakha, a Delhi based human rights activist and a freelance journalist, said, �The death toll as such doesn�t reveal much about the nature of the conflict, but when the death toll is interpreted in its proper context, then we get a clearer picture. For example, the report shows most of the people have been died in encounters, fake encounters, custodial killings, or shootouts. But we have to see the troops are present everywhere and all these deaths have occurred in such an omnipresence of troops. The report shows that all sections of the society, from farmers to doctors to government employees, were killed, which indicates that resistance movement was a national movement in which everyone was involved.�
 The report uncovers that number of custodial killings by armed forces in Varmul is 408, revealing the nature of the �state aggression and how it is managed.�
 It discloses that more than 50 per cent of overall and custodial killings are civilians, deflating the two myths that Army only �targets combatants and that militants have no support from local people.�
 �The custodial death figures indicate that civilians have been seen as legitimate targets in the war against militancy,� the 36-page survey report, which was released before media on Saturday, read.
 The report puts the toll of Enforced Custodial Disappearances in Varmul during the period at 343, out of which 246 are civilians.
 �The Indian government has often claimed that many of those disappeared have crossed the Line of Control for arms training�a claim contested regularly by the families of the disappeared,� the report said. 
 It states: �The Indian government is making use of enforced disappearances as a matter of policy to terrorize people.  This policy is a tried and tested technique favored by other oppressive regimes in Asia, Africa, America, most notoriously in Argentina and in Chile under General Pinochet�s rule.
 The figures, the report adds, overwhelmingly reflects this war crime is perpetrated on the entire nation.�
 Ghautam Navlakha said, �In remembering the dead, we become familiar with them, as well as those they left behind.�
 The report discloses that almost half of the male civilians killed in Varmul (2452) were moderately to highly economically productive people, including servants, businessmen, milkmen, mechanics, and engineers, etc. �This is a conformation of the fact that no section of the society remained aloof and/or unscathed by the war,� the report said.  
 The report reveals that number of militants killed during this period was 2267. Among these only 8 were unemployed, 625 students, 229 higher secondary school pass outs, 36 undergraduates, 60 graduates, 22 post graduates, and two PhDs. Only 691 were illiterates and the rest matriculates and under matriculates.
 The survey says that militants killed 417 persons during the period, which included 273 government forces personnel, renegades and political workers.
 The report says that �while we proudly admit to being partisan and hold the Indian state responsible for the loss of lives, we also do not believe in belittling anyone�s suffering. We are also concerned that Indian soldiers are made to fight an ignoble war against the people of Jammu and Kashmir, a war which has begun to cause a great deal of harm to them as well,� the report reads.
 Pervaiz Imroz said the number of dead could be higher than the survey data, as the information from those families who had migrated or were not present during the survey could not be included in the data.
 �There could have been deaths in villages visited, and not visited later, by our volunteers in 2003. And those deaths are not in the report,� said Pervaiz Imroz.
  �The report reflects the nature of the war that is being fought here,� he said.

Courtesy Greater Kashmir  

Islamabad, (PTI): India and Pakistan can find a solution to the Kashmir issue if they move back from their stated positions on the matter and it is for New Delhi to make the first move in this regard, President Pervez Musharraf said Friday.

"If India and Pakistan move back from their stated positions, then we will find a solution. The four-point solution that I have proposed, if they come on the same path, then we can find a solution," Musharraf said.

The beleaguered military ruler, who is awaiting a Supreme Court decision on challenges to his candidature in the October 6 presidential poll that he swept, was referring to his proposals for a phased demilitarisation of Kashmir, self-governance for Kashmiris and joint supervision mechanism for the region.

"If India is willing to give up its stated position, we will be willing to do the same. But we have not given up our position or made any concessions," he told CNBC channel in an interview, indicating that the onus for moving back from stated positions was on India.

Musharraf said Kashmir remained a "core issue" affecting relations between the two countries.

However, people in both countries wanted peace and the governments should move forward to resolve outstanding issues, he remarked.

"I think we have reached a stage where the people of both countries want us to go towards reconciliation and peace and give up confrontation. I too think the time has come for this and we moving ahead. There have been quite a few obstacles," he said.

"We are in the 21st century, we have had a lot of confrontation. India and Pakistan have fought wars, but nothing was achieved through these wars. Neither side was successful," Musharraf said.

"Yes, our country was divided in 1971 and that hurt us. It was not so much about warfare, but the people (of East Pakistan) rose up against us and wanted to have a separate country. But nothing was settled through the wars."

"How long can we continue with this confrontationist approach? The world is moving ahead economically. We have to improve conditions for the people. Southeast Asia, East Asia and China are marching ahead rapidly, but we in South Asia are lagging behind. Why? Because of the confrontation between India and Pakistan," he said.

Musharraf, who played a key role in the Pakistani campaign to occupy strategic heights in the Kargil region of Jammu and Kashmir in 1999, said he had no problems with being considered as India's "enemy no 1".

"If someone considers me enemy no 1, I take it very positively. The enemy should not consider me enemy no 15, if the enemy says I'm enemy no 1, I'm very happy."

Pakistan had not made any concessions on the Kashmir issue and had spoken from a position of strength on the issue with India, Musharraf said. "We still say there should be a plebiscite. The UN resolution for this is still valid," he said.

"They (India) say Azad Kashmir is ours, they say make the Line of Control permanent, we have not accepted this. We have given a proposal which provides an opportunity for both sides to find a peaceful resolution. Both sides have to move back from their stated positions."

New York (PTI): Rare Kashmiri art works, including sculpture, painting and calligraphy from the 2nd to 20th centuries, are on display at a three-month-long exhibition here.

Named "The Arts of Kashmir", the exhibition that started on October 3 and will run till January next year comprises works of Buddhist, Hindu and Islamic art, including those loaned from collections in the US, Europe and India.

The event is organised by the New York-based Asia Society, a pan-Asian body working to promote understanding among people and institutions of Asia and the US.

"Many of the objects have never been seen outside of India, in some cases they have never been exhibited or published anywhere," the organisers said in a statement.

Believed to be the first-ever major exhibition devoted to the rich artistic tradition of Jammu and Kashmir, 130 art objects are on display.

One of the oldest pieces on display is a 4th century terracotta tile depicting ascetics and birds excavated from Srinagar suburb Harwan, a site associated with Buddhism.

To provide a sense of the state's broad artistic contributions, the exhibition includes examples of stone and bronze sculptures and manuscript paintings, in addition to the fine examples of carpets, shawls and embroidery for which Jammu and Kashmir is renowned.

"The Arts of Kashmir exhibition aims to increase understanding of the historic artistic importance of the Kashmir Valley and the important role of the region in the development of intellectual life in South Asia," said Asia Society Museum director Melissa Chiu.

From The Hindu Newspaper 

Talibanisation of Sikhism

 BY Madanjeet Singh

The Sikh fundoos have distorted out of all recognition the militant order of Khalsa that Guru Gobind Singh instituted in 1699. It is incomprehensible how anyone can project nine years of Khalsa as theraison d'êtreof Sikhism and give it precedence over 239 years of the history of Sikh Gurus.

THE UGLY spectacle of sword-wielding mobs clashing with the followers of Saccha Sauda — seen by the clerical establishment as heretical — is a mockery of Sikhism on the auspicious occasion of Guru Gobind launching the first Khalsa, on March 30, 1699, at Anandpur Sahib. The real bone of contention this time is not just over religion, but caste, which the Sikh politicians, like other political parties, are lavishly using to strengthen their fundamentalist constituencies. The false pretensions of secularism on which the Shiromani Akali Dal won the February 2007 Punjab Assembly election are exposed by its jumping on the Hindutva bandwagon of the Bharatiya Janata Party. This is a poisonous nexus designed to destroy the secular and multicultural character of Indian civilisation. The instigations have cut across national frontiers, with the Babbar Khalsa vultures waiting to pounce as they watch, sitting on the branches of Taliban trees across the border in Pakistan. The situation recalls the 1978 clashes between the Khalsa and the heterodox Nirankari sect, which unleashed the decade of Khalistan terror.

Recent events are an appalling desecration of the secular and pluralist grassroots culture of Indian civilisation that Guru Nanak promoted. He gave precedence to "duties and devotion" in the conduct of daily life and became a devotee of a god who he refused to delimit by sectarian description. Sikh tradition has it that at the age of 30, Guru Nanak declined to say anything more than repeating: "There is no Hindu, there is no Muslim." Nanak believed that faith was a matter of personal belief and he urged Muslims to be true Muslims and Hindus to be true Hindus. His followers included many Hindus and Muslims, simply called Sikhs, meaning disciples (shishya). Guru Nanak preached against caste discrimination and racial prejudice at a time when slavery was customarily practised worldwide. Thousands of people, irrespective of their religion, caste, creed, or sex flocked to pay homage to Guru Nanak when he passed away on September 22, 1539. His tangible shining legacy is the Golden Temple at Amritsar, the foundation stone of which was laid in December 1588 by Hazrat Mian Mir — an eminent Muslim Sufi saint of Lahore. The sanctum of the shrine is named Harmandir, after Hari (God).

As misfortune would have it, the Sikh and Hindu `fundoos' (a nickname given by the novelist Githa Hariharan) have jumped on the BJP's Hindutva bandwagon to destroy the multicultural and pluralistic magnificence of Indian civilisation. The Sikh fundoos have sidelined Guru Nanak's egalitarian, secular culture and smashed to bits the "Three Pillars of Sikhism" that he erected: meditation, earning an honest living, and sharing with others. The institution of langar — the common community kitchen, which Guru Nanak established to break the discrimination of the caste system — has been undermined as separate gurudwaras have mushroomed in Punjab for lower-caste Sikhs, while higher status elitists frequent exclusive langars where they are not obliged to sit and eat as equals with Dalit Sikhs. Many Sikhs have started flaunting their higher status by adding caste suffixes after their name Singh, a practice strictly prohibited by the Sikh Gurus.

Notwithstanding the media images of Punjab's prosperity, the region has become the ghetto of caste apartheid. As a recent editorial in The Hindu points out: "Almost one in three residences of Punjab belongs to the Scheduled Castes — the highest percentage in India — and atrocities against them have been mounting. Ever since the seizure of a shrine at Talhan by upper-caste villagers provoked large-scale rioting, there has been a string of violent attacks on both Sikh and Hindu Dalits. In response, Dalits have increasingly turned from established faiths to new spiritual leaders who articulate their anger. In 2001, Piara Singh Bhaniarawala set off a small-scale version of the ongoing violence when he released the Bhavsagar Granth, a 2,704 page religious text" extolling the spiritual in the Guru Granth Sahib in Dalit Sikh homes.

The Sikh fundoos have distorted out of all recognition the militant order of Khalsa that Guru Gobind Singh instituted in 1699, barely nine years before his death in 1708. The order was formed during a state of emergency to confront the Mughal army in guerrilla warfare. The ever-ready equipment of the Five Ks was essential for the militants as they moved from place to place under cover of forest. He also broke the feudal stranglehold of the Moghul administration by directly distributing plots of crown land among the Khalsa followers, who comprised both Hindus and Muslims. It was thanks to his Muslim disciples that Guru Gobind Singh was able to escape from the siege of the fort at Anandpur by Mughal and Rajput armies. The rabble-rousing caste fundoos must also know that three of the five Panj Pyaras baptised by Guru Gobind Singh belonged to the lowest of castes.

In fact, following the death of Aurangzeb in 1707, the importance of the purely militant character of the Khalsa organisation diminished. This is evident from Guru Gobind Singh's policy of reconciliation as he joined with Aurangzeb's successor, Bahadur Shah I, to reduce the conflict. An outstanding statesman, poet, and scholar of Persian and Sanskrit, the tenth Guru of the Sikhs never initiated an anti-Muslim crusade. Instead, Guru Gobind Singh followed in the footsteps of his predecessors who had supported Prince Khusro against his father Jahangir in the latter's battle for the throne, and later Dara Shikoh against Aurangzeb. Historical records show that during his journey to Nanded in Maharashtra for discussions with Bahadur Shah, Guru Gobind Singh emphasised Guru Nanak's original ethical tenets over Khalsa militancy. With his enormous popularity, he might well have nominated the eleventh Guru of the Sikhs from among his loyal disciples. Instead, Guru Gobind Singh asked them to accept the Granth Sahib as their guide, which contains compositions by the Gurus as well as traditions and teachings of saints, including Kabir, Namdev, Ravidas, and Sheikh Farid.

The Taliban-inspired decision taken by the Delhi Sikh Gurudwara Management Committee to expel clean-shaven Sikh students and those sporting short hair from the schools it runs is astounding, considering that none of the nine Gurus with Hindu names before Guru Gobind Singh was obliged to carry the Five Ks: Kesh (uncut hair), Kanga (comb), Kaccha (short trousers), Kara (steel bangle), and Kirpan (sword). Guru Gobind Singh himself adopted the Five Ks only during the last nine years of his life when he changed his name, Gobind Rai, to Gobind Singh. It is incomprehensible how anyone can project nine years of Khalsa as the raison d'être of Sikhism and give it precedence over 239 years of the history of Sikh Gurus. It is as preposterous as giving religion precedence over secular culture and faith over reason.

(This is based on the Prologue to Madanjeet Singh's forthcoming book, Cultures and Vultures. The author, a former Indian diplomat, the founder of the South Asia Foundation, and a UNESCO Goodwill Ambassador, is a Sikh. As a director of the Cultural Sector of UNESCO in the early 1980s, he was in charge of the History of Humanity, a seven-volume compendium conceived by Julian Huxley in 1946.)

Balraj Puri, top-most Kashmir expert, in view of his five decades involvement with the issue, can be contacted for his expert comments through his secretary on 91-(0)-9419102055.

Dial only between 10A.M. (IST) to 2 P.M. (IST).

      Jammu, February 11 – Peoples Democratic Party (PDP) today emphasized that a solution to the problem of Jammu & Kashmir can only be found through democratic and political means, and the use of force is no substitute for a policy of engagement and dialogue.

      Reiterating its demand for revocation of the Armed Forces Special Powers Act (AFSPA) and gradual reduction of troops from the State, PDP in a resolution adopted at its Executive Committee meeting here today, urged the Government of India to respond positively to the position taken by the Pakistan President General Parvez Musharraf against violence. “As a partner of the Coalition Government in the State, PDP has pursued the goals and objectives set in the Common Minimum Program (CMP) for finding a peaceful resolution of the problem, rolling back of the draconian laws and pursuing a healing touch policy in its dealings with people,” the resolution states adding that the PDP resolved to pursue with added dedication its agenda of encouraging the course of dialogue and reconciliation and translating its philosophy of healing touch into concrete measures for the general relief and betterment of the people of Jammu & Kashmir.

      The Executive Committee meeting, Presided over by party Patron, Mufti Mohammad Sayeed, noted with distress, the fact that over the last 15 years thousands of acres of orchards and agricultural land have been acquired in the State particularly in Kashmir Valley, districts of Rajouri, Poonch and Doda by the armed forces without paying the owners due compensation or rent. Demanding due compensation for the affected land owners, PDP does not favor any suggestion for the acquisition of these lands and orchards by the armed forces on a permanent basis.

      The resolution states that the Executive Committee also noted with concern that many institutional buildings including hospitals and schools have been occupied by the armed forces for many years. This has seriously hampered health and education sectors and has caused great sufferings to the people. PDP impresses upon the government to find alternate accommodation for the armed forces and make these institutional buildings available for their legitimate use.

      The resolution states that the people of the State, by participating in the elections of 2002 and particularly by their massive participation in the elections to the local bodies and the by-elections to the State Assembly, have clearly declared and affirmed their faith in political and democratic process. “This needs to be responded in equal measure by the Government of India as well as the State Government,” it states adding that the people’s faith in democratic political process can be strengthened and enhanced if focus is shifted away from military means to the democratic political means for finding solutions of the problem.

      PDP has called upon the Government of India to reduce the strength of Armed Forces, engaged in anti- militancy operations, in a measured, responsive and responsible manner. The local police battalions can be raised to meet the challenge of internal security and to fight militants as was successfully done in Punjab. The Special Armed Forces Act should be withdrawn as conditions have substantially improved in the State and resort to use of this legislation is proving counter-productive and detrimental to the peace process and dialogue.

      The Executive Committee observed that the present situation offers both daunting challenge and promising opportunity for a peaceful and comprehensive resolution of the Jammu and Kashmir problem. “India and Pakistan appear today, as never before, fully and sincerely committed to address all the dimensions of this problem in a manner that will balance and promote their geo-political and national interests and also respond to the legitimate aspirations of the people of the State.”

      PDP recognizes that the people of Jammu and Kashmir unlike other States that acceded with the Union of India, were assured and promised internal sovereignty and self-rule by allowing the State to have its own Constituent Assembly, its own Constitution and flag and a vast degree of self-governance. This was reflected in Article 370 of Constitution of India. Unfortunately, this Article which was meant to be a bridge between the Union of India and the State of J&K has been used as one way window to undermine the internal sovereignty of the State and subvert the ideal of self-governance promised to the people of the State. The successive governments of J&K, unfortunately, were parties to this subversion of self-rule of the people of the State. Consequently, many aberrations have taken place in the originally conceived and devised constitutional arrangement with the Union of India. In particular, self-rule was denied to people, by depriving them the opportunity to freely express their political verdict or by thwarting their verdict when given. PDP resolves to try to correct these distortions and aberrations that have crept in self-rule, as a part of its comprehensive formula to resolve the Kashmir dispute.

      PDP resolves that it will pursue, with full vigor, its vision of intra-state conversion of resources and achievements of potentials between the people of the two parts of the State. This will, in practical terms, meet the deep-rooted aspiration of the people of the both sides for practical unity even though borders can stay. As already agreed to by Dr. Manmohan Singh and President Musharaf, the borders between two parts of Kashmir should be rendered irrelevant. This can be done by allowing free trade, travel, and commerce between the two parts of the State of Jammu and Kashmir. This relationship can gradually evolve into a common market and free economic zone where the two parts of the state can undertake common projects of environment, tourism, power and disaster management. Slowly, the relationship between the two parts of the Kashmir can be improved and consolidated in social and cultural aspects also.

      PDP takes serious note of the problem of the unemployment in the State. Though a universal phenomenon, the problem of unemployment has critical dimensions in the State and has the potential of impeding peace process if not seriously and urgently addressed. PDP recognizes that there is a need to increase the economic space of the State, enhance its resource base and generate greater capacity of economy particularly in tourism, consumer goods sector and power sector to meet the challenge of unemployment. PDP recognizes that government cannot be the complete or sole employer for the unemployed youth but it urges upon the government to find resources for the recruitment of a sizable number of educated and unemployed youth particularly in the sectors of power, PHE, roads and buildings and health. PDP requests the Government of India to become a supportive partner of the State in finding a solution to this burning problem which is also of national concern.

      PDP notes the fact that its alliance with Congress is based on goals set out in the Common Minimum Program. It sincerely wants to pursue this relationship in the interest of secularism, democracy and peaceful settlement of the problem of Jammu & Kashmir. PDP resolves that it will take all reasonable measures, consistent with its agenda and policies, to ensure that coalition government translates its Common Minimum Program into reality for the welfare of the people.

Balraj Puri (August 5, 1928 - ) is a journalist, writer and human rights activist whose life is a part of the history of Jammu & Kashmir and the turbulent days of the accessions of the State to India. His life journey has been promoting his secular ideas and his commitment to Human Rights and Civil Liberties.

Puri has been conferred the Padma Bhushan in 2005, one of India's highest civilian honors, in Literature and Education.

Mr.Puri was offered to teach Indian Politics as a Professor in Washington University(Seattle)  in 1964. He was also offered to head South Asia Bureau for the prestigious Washington Post in 1965.  

PM’s address at the Indira Gandhi National Integration Awards

I am very happy to be amidst you today for this very prestigious award function. The Indira Gandhi Award for National Integration is given every year on the martyrdom day of Indiraji. It is a small token of our deep sense of gratitude to one of the greatest leaders that modern India has produced.

Indiraji’s contribution to nation building and national integration is unparalleled. Her commitment to national unity and integrity and to the cause of secularism is too well known to need an reiteration. Even twenty five years after her martyrdom, her legacy remains as strong and durable as ever and her vision still guides and inspires us and it will continue to do so for ages to come. As we pay homage to Indiraji, we should also re-dedicate ourselves to the ideals and values that she embodied. That indeed would be the best way to honour her memory.

I congratulate and compliment this year’s awardee, Shri Balraj Puri. He richly deserves this honour. Shri Balraj Puri’s life has been one of selfless service to the society and to our country. It has been a life dedicated to the cause of promoting peace, good-will and communal harmony. It has been a life spent in building bridges between regions and communities.

Shri Puri is an extraordinary personality, combining scholarship with activism. He has been a freedom fighter, a journalist, and a human rights activist. His knowledge about the State of Jammu & Kashmir is unmatched. Indeed I have learnt a great deal about the State from Shri Balraj Puri.

Shri Balraj Puri has written some of the most incisive books and articles on Jammu and Kashmir and the problems that this State faces. His writings display a deep understanding of the problems of the state and an ability to think out of the box. Not surprisingly, he has earned the great respect and admiration of the academic communities nationally as well as internationally, which has honoured him on many occasions. His book: ‘Kashmir: Towards Insurgency’ has become a primer for all those seeking to understand the cause for the troubles in the state, and the ways to move beyond them.

As an activist, many of Balraj Puri’s efforts have been low profile and have gone unsung. It was he who helped to reconcile many of the differences between Pandit Jawaharlal Nehru and Sheikh Abdullah, and later Indiraji and Sheikh Sahib. The capital he built upon was his large circle of friends and comrades in every part of Jammu and Kashmir. It was not surprising, therefore, that even during the troubled years of the 1990s, Balraj Puri was among the few who carried credibility with all sides.

Shri Puri began his work at a very young age. He participated in the Quit India movement as a young boy of 14 years. He organized student movements in Jammu in 1946 and later founded the Peace Volunteer Corps in 1947 to work for preventing communal riots at the time of partition. Shri Puri has spent over 60 years in building peace in Jammu & Kashmir. But his work has not been confined to Jammu & Kashmir. His interventions in Punjab and in certain volatile parts of Uttar Pradesh have helped to defuse charged communal situations and paved the way for a dialogue and non-violent conflict resolution.

As we honour this extraordinary human being and we pay homage to the memory of Indiraji, one of our tallest leaders, we would do well to remember that tolerance and secularism define the very idea of India. That is the legacy of Indiraji. For centuries we have existed as a multi-religious and multi-cultural society, always ready to accommodate newer ways of thinking and living. This liberal outlook needs to be nurtured and strengthened. It is our solemn duty to raise our voice against those who attempt to divide our society on communal lines for their selfish interests. In this we need to learn from Shri Puri’s commitment and hard work. I do believe that each one of us can, and should, contribute, in his own unique way, to the cause of national integration.

Let me end by once again congratulating Shri Puri. I wish him many many years of sustained health and happiness, and service to our country. We need more men and women like him in our society. May his tribe flourish.

Manipur seeks development to defeat insurgency

*Dipanjan Roy Chaudhury

Manipur today is probably the only state in India where nearly 30 small and big militant organisations operate and the state administration is often held hostage by these groups for whom extortion is the main mantra and ideology has taken a back seat. The situation in the Northeastern state poses serious threats to national security today. Bandhs and agitation against by the civil society groups have today become a norm in Manipur, one of the culturally richest states in the country.  There is an increasing feeling among Manipuris that the rebels must hold out and the Army should cease counter-insurgency activities to give peace a chance. The warlike situation must end.

Manipur was formally merged with India in October 1949, now termed as 'annexation' of Manipur by the Indian State by these different groups. So whereas, the Manipur People's Liberation Front (MPLF) comprising of the insurgent groups Revolutionary People's Front (RPF), the United National Liberation Front (UNLF) and People's Revolutionary Party of Kangleipak (Prepak) described it as 'black day', receiving support from another insurgent group, Kanglei Yawol Kanna Lup (KYKL), the political party Manipur People's Party (MPP) described it as 'gloomy day', and the All Manipur Students' Union (AMSU) termed it as 'eclipse day.' It is widely perceived in Manipur that merger of Manipur with the Indian State by the then king, Maharaja Budhachandra Singh, has brought a lot of hardship to the people and backwardness to the region in all spheres. The attempt by the mainstream to ask the Northeast to give up its identity has caused a psychological rift and once this rift is there everything gets interpreted in this light. He feels there is a difference between an Indian man and a Northeast man. The Indian State's response to solve the problems of Manipur has mainly been limited to fire-fighting.

With three major ethnic groups in Manipur, its insurgency is also primarily divided into insurgent groups of Meitei , Naga and Kuki. While the Meitei insurgents' prime objective is to free their pre-British territorial boundary from "Indian occupation", the Naga insurgents of Manipur support the demand of sovereign 'Nagalim' (Greater Nagaland) comprising of Nagaland along with the Naga majority areas of Manipur, Assam, and Arunachal Pradesh. The Kukis on the other hand support the demand of separate Kukiland for which Kukis of Burma are also fighting.

Encouraged with the growth of Naga insurgency, a section of Meitei youths under the leadership of Hijam Irabot, a local communist leader opposed the merger of Manipur in Indian Union and set-up Manipur Red Guard with a view to wage war for liberation of this state from Indian occupation. This first symptom of secessionist tendency among the Meiteis gave birth to ethnicisation of politics in this state. The revolt though, failed to draw mass support and gradually fizzled out particularly after the death of Irabot, ethnic politics remained the focal point in the state, which even continues today.

The insurgency in Manipur like other states of northeast began with an ideology for restoration of the pre-British politico-ethnic supremacy of the Meiteis, later turned into ethnic conflict and finally entered into a cross-current of socio-political whirlpool due to individualized interest of the multiplying leaders of its respective insurgent groups. The Meiteis in the valley viewed the growth of Naga militancy in Nagaland and its close link with the Nagas of Manipur as danger to their political supremacy in the state. With a view to restore their pre-British pride some of the educated Meitei youths known to be the followers of Irabot regrouped and formed UNLF in 1964 under the leadership of Arambam Somorendra Singh and launched an underground movement. With sustained anti-Indian campaign a breakaway group of UNLF later established an underground government called Revolutionary Government of Manipur (RGM) under the leadership of Oinam Sudhir Kumar with its headquarter in erstwhile East Pakistan.

The Nagas and the Kukis of Manipur initially remained indifferent to the Meitei rebels to their obsession to respective ethnic politics. The Nagas of Manipur were supporting the movement of National Socialist Council of Nagaland (NSCN) demanding a sovereign 'Nagalim' (greater Nagaland) including the Naga inhabited territory of Assam, Manipur, Arunachal Pradesh and Burma. The Kukis, who live side by side with the Nagas however, never supported the latter instead often clashed with them and formed underground group to fight for their separate sovereign identity. The Kukis were getting support from Kuki National Organisation (KNO) and Kuki National Army (KNA) the insurgent groups in Burma. Similar to the demand of separate Kukiland in Burma, the Kukis of Manipur too came up with a demand for separate Kuki district and subsequently for a separate Kuki state.

Defeat of Pakistan in Indo-Pak war of 1971 and emergence of Bangladesh was a great set back to Meitei insurgents operating from the pre-war East Pakistan. Indian security forces arrested a number of insurgents but most of them were gradually released and the secessionist movement apparently subsided for a while. However, by late 1970s and early eighties the UNLF cadres, who were reportedly trained in erstwhile East Pakistan and China regrouped and revived their movement with the objective of ‘liberating Manipur from Indian occupation through armed struggle’. The insurgents asserted that their territory was forcibly merged with India and therefore, they had waged armed struggle for restoration of Manipur’s independence.

They founded a number of underground organizations prominently Peoples Liberation Army (PLA) led by Nameirakpam Bisheshwar allegedly a China trained rebel in 1978, Peoples Revolutionary Party of Kangleipak (PREPAK) led by R.K.Tulachandra in 1977, Kangleipak Communist Party (KCP) in 1980. They started lawless violence in Manipur valley and indulged in looting of banks, raiding police stations, killing of police personnel, snatching their arms and so on.

Major insurgent gropus include PLA, UNLF, PREPAK, Manipur Liberation Front Army (MLFA), Kanglei Yawol Khnna Lup (KYKL), Revolutionary Joint Committee (RJC), Kangleipak Communist Party (KCP), Peoples United Liberation Front (PULF), National Socialist Council of Nagaland (NSCN-K), National Socialist Council of Nagaland (NSCN-I/M), Naga Lim Guard (NLG), Kuki National Front (KNF), Kuki National Army (KNA), Kuki Defence Force(KDF), Kuki Democratic Movement (KDM), Kuki National Organisation (KNO), Kuki Security Force (KSF), Chin Kuki Revolutionary Front (CKRF), Kom Rem Peoples Convention (KRPC), Zomi Revolutionary Volunteers(ZRV), Zomi Revolutionary Army (ZRA), Zomi Reunification Organisation (ZRO), and Hmar Peoples Convention (HPC).

The prominent issue for the insurgent groups is “sovereignty”.  To this goal, the rebels, now fully equipped with modern sophisticated weapons, have been battling on for an independent sovereign state of Manipur for decades with their styles of operation often like that of Latin American revolutionary, Che Guevara and other forms of guerrilla warfare in West Asia. However, the insurgent groups are more and more focusing on extortion these days and provide a lip service to their cause. 

Manipur’s ethnic minorities which constitute nearly 40 per cent of the ethnic minorities, are also fighting either for separation from the mainland or merger with another State, and in some cases, for autonomy or self-rule. The movement can’t no longer be treated as ethnic crisis only. It has become very much the revolution of the modern age.

However, for years - the resistance movement has led nowhere -- the path is still unknown. And the insurgents too are sharply divided among themselves pursuing different political goals with different ideological commitments. Certainly, they are unable to pose a unified threat to Delhi while the Indian Army is solidly engaged on too many fronts to gain a total military victory, probably through all possible military means, with its overwhelming superiority in manpower and conventional weaponry over the various ethnic rebels in the State.

Quite unlike rebellion, or say resistance movement in other parts of the Indian NE Region, the insurgency in Manipur is ridden with factionalism (Naga insurgeny is dominated by two groups NSCN I-M and NSCN K and both have now signed ceasefire agreements with the Centre). One wonders as to whether these groups are fighting for a cause. These varied factions of rebels complicate their respective agenda. The ethnic tribal minorities have also suffered due to the armed conflicts in the State. Except men with vested interests, no one likes to keep the insurgency alive.

Following insurgency, Manipur’s economy is in shambles. None of the underground leaders seem to have the vision and the ability to look beyond the narrow confines and ideas in which they are stuck in. The insurgents as entities need money to sustain their movements. These so called insurgents have accumulated cash for through contract works and extortions.  Most Manipuris are today confused about the rebel groups and are victimised by them.

India has special economic zones where business and commerce are encouraged with the government offering special incentives as part of the overall economic policy. In fact Paona Bazaar in the heart of Imphal can be declared as a 'Special Economic Zone'.  The state government must formulate an agenda where economic development should be given an earnest and thoughtful consideration. A discourse towards formulating a comprehensive policy that will eventually lead to creation of an atmosphere conducive to business will be a good beginning.

Manipur is in a precarious position. The government is too preoccupied with security issues to initiate any major development projects that could at least lead to employment. In such an atmosphere of political uncertainty and instability, there is no way that economy will grow and investment will pour in.  There will be no one willing to invest money in Manipur as most investors are risk-averse by nature. In Manipur, as soon as a business is set up, a demand letter is immediately forwarded by an insurgent group. The jobs that were likely to be created with the setting up of a business disappear in thin air.

The state can no longer continue with this present predicament and sooner than later this has to come to an end. The revolutionaries have failed Manipur and with the rising frustration of the people, the time is coming when a massive revolt against these revolutionaries could occur.  The rebels seem to be becoming unpopular with each passing day with the recent incident by the KCP (City Meitei) faction summoning Newspaper Editors and holding them hostage. Moves such as this will seriously impair their ability to carry forward their struggle. The migration of the educated youths to other parts of India in search of jobs and livelihood has become regular these days. In this era of globalization where the mantra is to make money, the Manipuris are on the reverse road to poverty, degradation and deterioration. The insurgents need to forget this whole 'revolutionary' idea as they are increasingly becoming a joke unto themselves. A complete breakdown in the law and order scenario is well envisaged and only people with vested interests would gain in such chaos.  The people of Manipur will be extremely happy and get a respite if the ceasefire between the Security Forces and State militant groups takes effect because of the hardships due to the prolonged armed conflict.

Insurgents are frustrated people who have been brainwashed. Except for some of the leaders of these groups there is no ideological commitment to be seen in the cadres. Unemployed youth are easy targets of these groups, who run extortion rackets to support their activities. In Manipur almost everybody is paying to one or more of the 'revolutionary' groups for their safety. So much so that even ministers and police personnel have not been spared. The student organizations have been co-opted by the militant groups and even some of the women's groups have contact with them. In some of the villages when the military arrests some body on suspicion the women groups get the person released. The contractors serve as agents of underground groups. Anti-India programs are organized with financial support from the underground groups. Money is siphoned off to leaders of the underground movements abroad who purchase weapons from foreign countries and send them to India. The state government should take a tough stand with the support of central government against the separatist groups to bring them to talking tables.

The local press has to publish all extortion related activities or statements of these groups otherwise they'll not be allowed to operate. Young people join the extortion groups. Sometimes young people would join CRPF and Assam Rifles and use government weapons for extortion whenever they would get a chance. They sometimes even go and join the camps of insurgents. Most of these underground groups have no plan or constitution for an independent or sovereign Manipur. The leaders of the groups are living abroad and are not concerned.  The worst thing that has happened in Manipur is that most of the insurgent groups are becoming merely 'extortion groups.' They have also begun investing in the economy through different individuals in sectors such as hotels, transportation, contracts, etc. Once vested economic interests would be created and the political objectives take a back seat it would be very difficult to bring these groups to talking table. The insurgents are clearly working to institutionalize the extortion and corruption and that would prove very difficult to break for anybody.

As of today, Manipur is the worst case scenario in the Northeast as far as insurgency is concerned. Apart from the fact that there are more militant groups in the state than anywhere else -- at least seven prominent groups operate in Manipur -- the rivalries between these outfits often leads to greater violence. Kidnappings and killings are common in Manipur. What worries the security forces is the parallel government run by militant groups. No transporter can operate in Manipur without having paid at least three prominent militant groups. The outfits dispense instant justice, provide protection and rule certain areas with impunity.

Manipur might be the only state in India witnessing unending turmoil and perhaps Manipur is also the only state in the country to witness calling bandhs to protest against another bandh. The socio-economic condition of the state is severely affected and so are lives , especially of the youth. The future of Manipur is terribly bleak if a strong political decision is not taken immediately. The state witnessed over 100 bandhs in 2000 and it cost the state domestic product about Rs 4, 479 lakhs daily. According to KYKL, which once banned bandhs and strikes in Manipur in 2003, a single day's bandh in the state leads to a loss of over Rs 9 crores and with 72 bandhs in 2001-2002 the cost to the state exchequer was of a mind-boggling Rs 676.48 crores. Bandh or strike supporters now target public and private property. One of the worst forms of arson in recent times was the burning down of state library by the Mayek (script) activists during its agitation against the non-implementation of the Meetei Mayek in the state.

Development is the key to solving Manipur's problems and it must go on inspite of everything. However, about half of Manipur's net GDP is from the agriculture sector. In spite of Manipur having a literacy rate of over 60% there is no undertaking in Manipur, which can employ more than 500 people. Scientific advancement, technological achievement and information revolution are the need of the hour. Earlier, the Manipur society was so prosperous that there are no beggars on the streets or servants in homes and nobody starves. The eating habits also reflect the past richness of the society.

The Prime Minister emphasised on the need to resolve insurgency to boost the state’s economy when he visited Manipur in 2004. 

“I dream of a Manipur free of violence.   When that day dawns we will also have a Manipur free of the security forces who are now there to deal with that violence.  While it is unfortunate that the brave men of our armed forces have on occasions become the object of public resentment because of the unacceptable behaviour of a few, we must remember that they are here to uphold the rule of law.  I assure you that the rule of law will always prevail, whoever the lawbreaker.  If peace is given a chance, I am certain that we will not have to burden our armed forces with duties they are not supposed to perform.  I hope peace returns here, sooner rather than later, and this will enable us to correct how we manage internal security”, Dr Manmohan Singh said.

“Manipur is a rich storehouse of culture with distinctive qualities and characteristics, a repository of culture, tradition, life and aspects of the communities inhabiting the State.  The folktales, folk-songs, ballads, proverbs, riddles, sayings, chants, beliefs, folk arts, dances and practices, constituting the culture of the Meiteis, the Muslims, the Nagas and Kukis inhabiting the plain and the hills to Manipur are well-known all over the globe.  It is no wonder that Pt. Jawaharlal Nehru referred to Manipur as the Switzerland of the East and the Jewel of India,” he added.

“Manipur needs to look to the future with hope and confidence, I do believe that the creativity, the spirit of adventure and the cultural and spiritual values of the people of Manipur must and will find a space for free expression in an India that is growing, an India that is multi-cultural, multi-lingual and multi-faceted.  I am aware of Manipur’s problems in some ways they are unique but in many ways they are common to the North-East as a whole, indeed, to large parts of the sub-continent.  Every Indian yearns for a life of peace and security, both economic and personal, and a life of dignity.  It is only but natural that the people of Manipur also seek the same.  This is a natural yearning of all human beings in a civilized society.  It is a right our democracy assures every citizen. 

I have come to Manipur to start a new process, recognizing your legitimate aspirations for a life of dignity with self-respect.  That new process will be one in which we can ensure the security of all our people and the security of the nation in a manner that is humane and just. That was my message to the people of Kashmir.  That is my message to the people of Manipur.  Violence, militancy and terrorism offer no long-lasting solutions to the complex challenges our societies face.  I dream of a Manipur free of violence.   When that day dawns we will also have a Manipur free of the security forces that are now there to deal with that violence.  While it is unfortunate that the brave men of our armed forces have on occasions become the object of public resentment because of the unacceptable behaviour of a few, we must remember that they are here to uphold the rule of law.  I assure you that the rule of law will always prevail, whoever the lawbreaker.  If peace is given a chance, I am certain that we will not have to burden our armed forces with duties they are not supposed to perform.  I hope peace returns here, sooner rather than later, and this will enable us to correct how we manage internal security,” the Prime Minister noted.

A new style of peace process in which social workers and intellectuals will be included to mark a radically different approach to the raging insurgency should be initiated, involving well planned negotiations and a measure diplomacy to offer political concessions to the revolting parties. Whatever concessions offered should not in any way disturb the territorial integrity of Manipur, which could have a cascading effect on the insurgencies in the Northeast as well as Kashmir.

In a democratic set up, criticism as a concept is officially tolerated and Government is flexible when the situation demands it. Atmosphere conducive to rebels operating in different parts of Manipur can be created for a meaningful peace process by addressing the issues, which prompted them to take up arms in the first place. Secondly, political concessions have to be offered to the groups depending upon credible negotiations.

Just to blame the hostile foreign countries for keeping alive the insurgency - is not an answer to this decades long unanswered question. The gradual turn of events since Indian independence shows that local issues including caste and ethnicity have come to centre stage at the cost of national issues, which is not a healthy trend. Contemporary India of over half a century is a grown-up democracy and perhaps needs a radical transformation in its federal structure for constitutional integration of its entire population. It is for the political leadership of the country to decide whether national interest is beyond the party/power or not if it is really serious to tackle this problem.

 * Dipanjan Roy Chaudhury is the Correspondent with South Asia Bureau of Kuwait News Agency and has reported on Northeast.

Karbi Anglong … killing fields of Assam!

Dipanjan Roy Chaudhury

India’s biggest district Karbi Anglong (area wise) in Assam was in news recently owing to the mindless killings of two communities by each other. Ethnic violence is nothing new in this North-Eastern state but the manner in which the Karbis and Dimasas targeted each other reminded on a systematic genocide. However, Karbis were mostly at the receiving end and it is interesting to note that none of the two insurgent groups - DHD and UPDS, attacked each other, but made common people their victims, leaving many questions unanswered and creating a schism between two communities. Killings have stopped for a while, but the wounds of the violence and subsequent mistrust would not be erased soon.

The lowest point in the series of incidents was the macabre killing of 23 bus passengers belonging to the Karbis in October 2005 when the unfortunate lot was burnt alive by unknown armed group, whose identity are yet to be established.  The violence was sparked off by the abduction and murder of three youths belonging to the Dimasa tribe in a Karbi village in last September.

Ever since, violence has claimed more than 100 lives and rendered nearly 50,000 people homeless. Barring nine militants, those who were killed or who lost their homes and belongings were unarmed civilians, who had nothing to do with the rivalry between the two warring militant outfits, United People's Democratic Solidarity (UPDS) of Karbi Anglong and the Dima Halam Daogah (DHD) of neighbouring North Cachar Hills claiming to fight for the rights of Karbis and Dimasas respectively. What followed next was a blame game -- the two militant outfits accused each other of wrongdoing, political parties blamed one another and the State government, ordering a judicial probe and asking for a further probe by the Central Bureau of Investigation (CBI).

This is the third of a series of major clashes that have broken out in the twin hill districts in the past three years. In 2003, a violent clash broke out between the Hmars and Dimasas followed by a clash between the Karbis and the Kukis in Karbi Anglong in 2004. However, all three clashes were different from ordinary ethnic riots; on both sides the perpetrators were not unarmed civilians but belonged to the armed cadres of the UPDS and the DHD. Ironically, both sides have signed truce and are bound by the ground rules of the ceasefire agreement they signed with the Centre, which debars them from brandishing arms in the open and inciting violence. The UPDS entered into a ceasefire agreement in 2002 and the DHD in 2003. The DHD, however, has denied any role in the clashes and sought to blame its anti-dialogue faction Black Widow, besides the UPDS.

For those affected, there has been no sign that the Centre has enforced the ceasefire. Open violation of the agreement by both rebel outfits continued for nearly a month and no attempt was made to push back the masquerading militants to their designated camps. Instead, they were allowed to roam free, terrorising unarmed civilians belonging to both tribes.

This series of incidents cannot be seen in isolation from the larger issue of the revival of the statehood movement in the two hill districts. In 1970, when Prime Minister Indira Gandhi contemplated granting full statehood to Meghalaya, a case for an independent State of Karbi Anglong and North Cachar Hills was also made in a memorandum signed by a Cabinet member from Mikir Hills (renamed Karbi Anglong) and 11 others. Almost 16 years later, on May 17, 1986, that demand for statehood led to the formation of the Autonomus State Demand Committee (ASDC). The ASDC spearheaded a strong mass movement demanding the creation of an autonomous State under Article 244(A) of the Constitution that culminated in signing of the Memorandum of Understanding (MoU) on April 1, 1995 between the Assam government and the leaders of the ASDC.

The signing of the MoU led to an upgrade of both councils of Karbi Anglong and North Cachar Hills with enhanced powers under the provisions of the Sixth Schedule. Ten years after signing the MoU, the same set of leaders are now disillusioned with the councils that are in place in both hill districts and have demanded creation of an autonomous State comprising the geographical areas of Karbi Anglong and North Cachar Hills under Article 244 (A).

Once in the course of a debate in the Lok Sabha, veteran Karbi politician and Communist Party of India (Marxist Leninist) leader Dr. Jayanta Rongpi said: "The Sixth Schedule has been in practice since 1952. I was Chief of the Karbi Anglong Autonomous Council for seven years. With that experience I can say that the Sixth Schedule has failed in India since 1952." The former MP from the Diphu constituency made a case for an independent State for the two hill districts of Assam by insisting that the Centre had upgraded all Sixth Schedule areas into States. He pointed out that the Khasi Hills, the Jaintia Hills and the Garo Hills were in the Sixth Schedule; that Mizoram was in the Sixth Schedule; and that the Centre had upgraded all these Sixth Schedule hill areas to States "because there are inherent weaknesses in the Sixth Schedule".

Holiram Teron, president of the ASDC and a signatory to the 1995 MoU, also justified the revival of the demand for statehood by his party. The ASDC has been demanding the creation of an Autonomous State by combining the areas covered by the geographical boundaries of Karbi Anglong and North Cachar Hills. He informed it was the ASDC that brought a private member's resolution in the Karbi Anglong Autonomous Council and the North Cachar Hills Autonomous Council, passed unanimously in both councils, which subsequently saw the ruling Congress table an official resolution demanding the creation of an autonomous State comprising the hill districts.

The ASDC leader feels that the present situation could have been avoided "had the Centre not ignored our warning that Karbi Anglong and North Cachar Hills have become fertile ground for insurgency due to a combination of neglect, apathy of the state government and the failure of the Sixth Schedule to fulfill the hopes and aspirations of the people".

Funding is one of the basic problems of the Sixth Schedule, an issue that the leaders of the statehood movement and insurgent outfits both agree. They argue that even under the Sixth Schedule the two tribal councils do not enjoy financial autonomy, and for development projects they remained at the mercy of the state government. Moreover, since the Assam government is burdened with overdrafts, the fund released by the Centre do not reach the council authorities on time and are often diverted elsewhere. A common complain is that the funds often reach late and therefore no projects can be completed on time. Leaders of the statehood movement also argue that though 33 development departments were transferred to the tribal councils, the council authorities were not delegated adequate financial and legislative powers. As a result the councils' dependence on the state government continued and the very purpose of the Sixth Schedule could not be achieved.

The present situation calls for a thorough debate as to whether it is the Sixth Schedule or its delivery mechanism that has brought about the revival of the statehood movement by the Karbis and Dimasas and even others - Bengalis, Biharis and Nepalis who reside in these two twin districts.

It was against this backdrop that a section of youths took up arms. The UPDS was formed in 1999 after a merger of the erstwhile Karbi People's Front (KPF) and Karbi National Volunteers. However, the ceasefire agreement between the UPDS and the Centre led to a split in the UPDS in 2003 with one group opposing the peace talks. The anti-talk faction re-christened itself the Karbi Longri National Liberation Front (KLNLF). Its demands include the creation of a political institution for self-determination for the Karbi people of Karbi Anglong and contiguous Karbi-dominated areas of Assam and Meghalaya under Article 3 of the Constitution with additional powers under Article 371, and the eviction of all non-indigenous people who have settled in the proposed self-rule institution after 1951.

Self-determination in this case means self-rule within the framework of the Constitution. The institution for self-rule demanded here is the creation of a full-fledged State. The new State shall be created by carving out the areas of present Karbi Anglong and North Cachar Hills, contiguous Karbi-dominated areas of Nagaon, Morigaon and Kamrup districts of Assam, and the Ri-Bhoi district of Meghalaya, according to UPDS.

The DHD was formed in 1995 after almost all the leaders and cadre of the erstwhile Dimasa National Security Force (DNSF) surrendered en masse. The DHD is demanding the creation of a separate Dimaraji comprising the Dimasa-inhabited areas of North Cachar Hills, Karbi Anglong, parts of Nagaon district and parts of Dimapur district of Nagaland. Its rival faction the Black Widow, formed by the ousted chairman Jewel Garlossa, is also active in the twin districts. The overlapping of the territories as demanded by the UPDS and DHD is also one of the reasons for their rivalry and subsequent fight for space. 

A dangerous trend of the peace process is that these armed groups are allowed to roam free and indulge in all kinds of anti-social activities. The experience of Karbi Anglong, where insurgents belonging to both the UPDS and the DHD massacre innocent villagers before the very eyes of the law-enforcing agencies, has sent alarm bells ringing in the corridors of power and must force the government to reconsider their decision to allow the armed insurgents to roam free.

It is not only in Karbi Anglong. There are similar experiences of armed groups using guns to extort money in the Bodoland Territorial Council(BTC) areas and in Nagaland. Rebel groups do not adhere to the ceasefire-rules that bar their armed movement outside the designated camps, and there are no instances of law-enforcing agencies trying them in accordance with laws pertaining to illegal use of arms. Just because armed groups enter into ceasefire agreements they cannot be allowed to go on violating all laws and still go scot-free

The Union Home Ministry had accused both the Dimasa and Karbi outfits of violating the ceasefire and even hinted at disarming them. However, the security forces made no effort to rein in the militants who continued to roam freely out of their designated camps.

The latest bout of violence in Karbi Anglong and past incidents of armed Hmar-Dimasa and Karbi-Kuki clashes indicate that the people of the two hill districts have had similar experiences of the post-peace process as those of the BCT areas. Whilst it was the influential All Bodo Students' Union (ABSU) that spearheaded the mass movement for statehood, the Bodo Liberation Tigers(BLT) were only a force multiplier. However, the BLT rose to prominence once it entered into a ceasefire agreement and the leaders of the democratic statehood movement gave way to the militant leaders in negotiations with the Centre.

The dialogue ended with the Centre signing a deal with the BLT, in which the leaders of the democratic movement had little role to play other than facilitation. The result was that in the post-accord period there was a tug-of-war between the militant faction and leaders of the democratic movement. The common people who had once rallied behind the leaders of the democratic organisations remained aloof because they had witnessed the militants roaming freely with arms during the peace process.

Political forces like the ASDC, which are clamouring for an autonomous State and enjoy the support of the common people, have failed to exercise any influence over the UPDS and the DHD and convince them to refrain from using arms against innocent villagers or each other. At the moment the solutions to the Karbi and Dimasa insurgency problem seem far away. There is still confusion over the territories to which they would apply. The territory demanded by the UPDS overlaps with the territory demanded by the DHD. The persistent demand of the UPDS to shift the designated camp of the DHD from the Dhansiri area (Nagaland-Assam border) of Karbi Anglong is also perceived by the rival militant outfit as an attempt to stake a claim over the territory demanded by the Dimasa outfit in their proposed Dimaraji state. Common Karbis also feel that the presence of the Dhansiri camp since 2003 is the root cause of the problem as tension between them and Dimasas are on the rise ever since. They feel that the recent crisis have been fueled by the DHD cadres in the designated camp. They are opposed to any bifurcation of the state and are opposed to any inclusion of the Dhansiri area into proposed Dimaraji. The Dimasas in and around Dhansiri area, however, feel that the designated camp have given them a sense of security in the otherwise Karbi dominated district. With these perceptions the two militant groups are most likely to intensify their battle for supremacy. The two hill States could witness further bloodshed if a solution continues to elude the twin districts.

The state authorities were totally clueless in the first few weeks when trouble broke out. The law enforcement officials admit that such developments in far-flung districts often go unnoticed, but the situation in Karbi Anglong has long been highly volatile. Confusing it with the regular law and order problem resulted into large-scale violence.

Following the crisis, a bitter blame game started among the political parties of the state. They accused each other of being involved in the violence. BJP and Asom Gana Parishad accused the ruling Congress of failing to control the escalating violence. AGP president Brindaban Goswami demanded the resignation of the state government. The BJP also accused the local Communist Party of India-Marxist-Leninist (CPI-ML) leaders like Jayanta Rongpi of instigating the clashes. Assam government also accused Jayanta Rongpi’s Red Army of involvement in the ethnic violence in Karbi Anglong district. According to the state government, it was the Red Army who triggered the whole crisis by indiscriminately attacking both Dimasa and Karbis. This infuriated the respective militants groups of Karbis and Dimasas, the UPDS and DHD, who then launched an all out attack against each other, leading to a series of violence. However, Mr. Rongpi had alleged that the Congress was trying to escape responsibility of Karbi violence by creating a non-entity. Mr. Rongpi claimed that there was nothing called Red Army in Karbi Anglong. He also dared the state government to arrest him, if he was involved in the violence.

This is just the latest in the number of ethnic and religious disputes to have hit Assam. Delhi signed an accord with the All Assam Students Union in 1985 to bring the anti-foreigner agitation to an end. However, ethnic conflicts erupted elsewhere in the state - mostly in areas settled by indigenous tribes people like the Bodos.  The Bodos had resented Assamese domination and the loss of land to settlers ranging from Bengali Hindus and Muslims to Santhal and Oraon tribesmen who were brought from central India as cheap labour for Assam's tea estates in the 19th and 20th centuries. At the peak of the Bodo armed movement, Assam accounted for nearly more than half of India's population of internally displaced.

But when Delhi signed an autonomy agreement with the Bodoland Liberation Tigers (BLT) last year and opened dialogue with the National Democratic Front of Bodoland (NDFB) this year, the guns fell silent. With the creation of a Autonomous Territorial Council for the Bodos, the Assam government claims peace has returned to western Assam. 

There is also a belief that the genesis of the present crisis lies in the National Socialist Council of Nagalim (Isak-Muivah)’s demand for Greater Nagaland (or Nagalim) in which they want to include parts (specially bordering areas Nagaland) of Karbi Anglong in their proposed state. The fact that Dimasas (the majority in NC Hills), who reside in the areas bordering Nagaland and Karbi Anglong, are staunch Hindus and a major stumbling block in the goal of Nagalim. There is a feeling among the Dimasas that NSCN (I-M) want to dislodge the designated camp of the DHD at Dhansiri and settle Nagas there, which they can claim later as part of the final agreement.

The DHD was armed and trained by NSCN (I-M), but their relations soured later. NSCN (I-M) may have prompted Hmar People's Convention (HPC) to object to the Dimasa militant camp near Haflong, provoking armed clashes between them in 2003. Intra-Dimasa conflicts between DHD president Jewel Gorlosa and vice president Dilip Nunisa led the former to form a new outfit called Black Widow, which worked with NSCN (I-M) to settle scores with DHD. The Naga rebel group resents DHD's desire to include Dimapur in the proposed Dimaraji. BJP has accused the NSCN(I-M) of  interfering in the current spell of violence in Karbi Anglong district. BJP in-charge of Assam S S Ahulwalia alleged that there was an ''invisible hand'' in the violence and hinted at the NSCN (I-M). The BJP has demanded a judicial inquiry into the violence.

Fratricidal violence among ethnic groups has been common in Karbi Anglong district, spread over a 10,434 square kilometer area, half of which is covered by thick jungles. There have been clashes between Karbis and Khasis, Karbis and Kukis, and other ethnic confrontations in recent years. But, the Karbi-Dimasa animosity, which has led to the recent bloody clashes, has grown in intensity since mid-2004, when tension emerged in the Missibailam area in the District, dominated by Dimasas. The area is close to Nagaland and the tension was over reports that parts of the area were under illegal occupation by Nagas. A magistrate from Assam was killed in 2004, while leading a team, accompanied by policemen, to evict the Nagas. It was said that Naga rebels, settled in the vicinity in adjoining Nagaland territory, had fired at the Assam team.

Moreover, with the State Assembly polls due in April-May 2006, the two groups could be involved in a show of strength to ensure the victory of as many candidates as possible from their respective communities. The Assam Government had gone on record, saying that the killings were a direct fallout of a clash between the DHD and UPDS.

There can be little hope for a permanent peace in the area unless these many groups are disarmed and disbanded.  The DHD had five camps of which four were in the NC Hills and one in Karbi-Anglong. The designated camps were the location where the militants were officially living in a pre-determined zone earmarked by the authorities for them. According to the ceasefire ground rules, they could not carry weapon outside the camp and the weapons could be used in case of self-defence. According to Assam Governor Ajai Singh, both the militant groups had violated the ground rules and came to the rescue of their own ethnic group in a series of retaliatory violence. The local administration believes that the strife is not just about ethnicity or militancy, but it's also about control of land and jungles. On many occasions this struggle over resources is given ethnic color. The long-term solution to these problems lies in the management of forest and land of the district.

Currently, an effective mechanism even to monitor violations of the laid down ceasefire ground rules by the UPDS and the DHD is lacking. The latest incidents in Karbi Anglong indicate that militants have not only moved out of such designated camps but had also carried and used their weapons. The judicial probe instituted by the Chief Minister has the potential to throw some light on the prevailing situation and the reasons behind the mayhem. The ethnic irascibility is unlikely to end when rebels roost or are allowed to settle their scores. It is a fact that the majority of people are peace-loving. Dispur must take advantage of this. The Centre has two options - either to rescind the ceasefire accords or to confine the rebels to their designated camps under strict surveillance. Having said this it is also important to prepare grounds for early talks lest they become restive. Meanwhile, all possible “flash pockets” must be declared neutral or as “peace zones”. With the Assam assembly elections just a few months away, Dispur has to act firmly; after all the law and order in the two districts are its responsibility.

The violence may have subsided in the hills of Assam’s Karbi Anglong district, but thousands of tribal people displaced in its wake would have to devote lot of time to rebuild their lives. Even if the situation stabilizes it will take months to instill confidence among the thousands staying in relief camps to return to their homes. Fortunately for the state government, the feud remained strictly between the Dimasa and the Karbi communities. The violence in Karby Anglong has highlighted the problems of administering the district. It has also pointed out the inherent lacuna in the whole concept of the ceasefire because of which both the militant groups DHD and the UPDS could cause such violence. The dynamics of ethnic clash and of militancy in the North-East have always been treated piecemeal. Probably, now it’s time to treat the problems of the region in a holistic manner.

*Dipanjan Roy Chaudhury is a journalist with the Kuwait News Agency and formerly United News of India and have toured Karbi Anglong  after the massacres in 2005.

ENDS

Autonomous District Councils and Panchayati Raj Insitutions in North-East India

(Published in Delhi-based Dialogue  Quarterly Journal Vol.7. No. 1 July-September, 2005..)

By Dipanjan Roy Chaudhury*

The North-East India, home to numerous diverse ethnic groups and located strategically with borders with Bhutan, China, Myanmar and Bangladesh, has seen much violence and bloodshed over the past few decades. These include insurgencies in Nagaland, Mizoram, Manipur, Tripura and Mizoram and growth of militant groups in Meghalaya. In addition there are conflicts and confrontations over land use and control as well as issues of language, identity formation, deomgrpahic change and minority and majoritarian relations. Alienation from the rest of India, mis-governance and corruption as well as underdevelopment are common frustrations in the region which is one of the richest regions in terms of natural and mineral resources in India.

To tackle the problems of this unique area and safeguard the democratic traditions and cultural diversity of its people, the framers of the Constitution conceived of the instrument of tribal self-rule. This stands embodied in the Sixth Schedule to the Indian Constitution. The drafting of this Schedule was done by a Sub-Committee on North-East Frontier (Assam Tribal and Excluded Areas) of the Constituent Assembly headed by Gopinath Bardoloi, the then Premier of Assam. The effort was to accommodate the collective aspirations of tribal communities within the broader framework of a democratic political system characterised by centralised powers, in a situation characterised by a mix of apprehension, confusion and hope in the days immediately preceding the adoption of the Indian Constitution.

The non-Sixth Schedule States in the North-East where 73rd and 74th amendments (Panchayati Raj Institutions) have been implemented are Assam (barring Karbi Anglong Autonomous District Council and NC Hills Autonomous District Council), Manipur, Tripura (barring Tripura Tribal Areas Autonomous District Council), Arunachal Pradesh and Sikkim .

Between ancient, medieval and modern period of Indian history, the growth of Panchayats had ups and downs. The famous Mayo’s Resolution of 1870 gave impetus to the development of local institutions by enlarging their powers and responsibilities. In 1882 Lord Ripon provided democratic framework to these institutions. In 1907 the famous Royal Commission on Decentralisation was established which gave a boost to the 'Local Self Government'. Thereafter, came a series of efforts in the form of committee, commission and Act. (The Govt. of India Act, 1911; the Govt. of India Act, 1935). However, the colonial rulers could not contribute much.

Panchayats were included in Article 40 under the Directive Principles of the Constitution of India. The Post- independence phase of Panchayat Raj is marked with significant developments. On the recommendation of the G.V.K. Rao (1985) and L.M Shingri (1986) committees, the Rajiv Gandhi Government in 1989 introduced a Bill for amending the constitution for giving constitutional status to Panchayats, But he failed to pass through the Bill. It was P.V Narasimha Rao Government who could amend the constitution in 1992 by introducing 73rd Amendment to the constitution alongwith the Nagarpalika 74th Amendment Act. The Panchayati Raj institution then became a constitutional machinery for rural administration in India.

The tribal dominated states under 5th and 6th schedules of the Constitution were, however, given option either to introduce Panchayati Raj insitutution or to continue with their traditional self-government institutions. All the states of India including 5th and 6th schedule states except Jammu & Kashmir, Nagaland, Meghalaya and Mizoram amended their Panchayati Raj Act to accommodate the provision of the 73rd Amendment Act.

The Constitution (73rd Amendment) Act, 1992 mandates provisions for:

1)Establishment of a three-tier structure (Village Panchayat, Panchayat Samiti or intermediate level Panchayat and Zilla Parishad or district level Panchayat).

2) Establishment of Gram Sabhas at the village level. Regular elections to Panchayats every five years.

3)Proportionate seat reservation for SCs/STs.

4)Reservation of not less than 1/3 seats for women.

5) Constitution of State Finance Commissions to recommended measures to improve the finances of Panchayats.

The Constitution (73rd Amendment) Act, 1992 vests power in the State Government to endow Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government such as : Preparation of plants and their execution for economic development and social justice in relation to 29 subjects listed in the XI schedule of the Constitution. Authority to Panchayat to levy, collect and appropriate taxes, duties, tolls and fees. Transfer of taxes, duties, tolls and fees collected by the States to Panchayats.
The North -East India consists of eight states -- Assam. Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagland, Tripura and Sikkim covering more than eight percent of the total geographical area and 4 percent of the total population of the country. A large part of the North - East India is governed by the Fifth and Sixth Schedules of the Indian Constitution. The Panchayats (Extension to the schedule areas ) Act, 1996 extends the 73rd Amendment: to the Fifth Schedule areas. Three states viz. Mizoram, Nagaland and Meghalaya are exempted from the purview of the 73rd Amendment.

The Sixth Schedule envisages establishment of Autonomous District Councils (ADCs). These councils have been given Legislative, Administrative and Judicial powers under the Sixth Schedule. No law of the Centre or the State in respect of the legislative powers conferred on the Autonomous District Councils could be extended to those areas without their prior approval. The district councils are also empowered to constitute Village councils and also Village courts.

While the ADCs have the advantage of legislative powers which the Panchayats do not have, the Councils do not make provision for reservation for women, several important powers such as social forestry management which have been provided by the 73rd Amendment are attached in the Panchayats.

Special provisions have been given in the Indian Constitution to preserve the ethnic, cultural, religious identities of the people, and maintain demographic uniqueness of the region.

Article 371-A - Special provision with respect to the State of Nagaland.

Article 371-B - Special provision with respect to the State of Assam.

Article 371-C - Special provision with respect to the State of Manipur.

Article 371-G- Special provision with respect to the State of Mizoram.

Article 371-H - Special provision with respect to the State of Arunachal Pradesh.

Articles 244(2) and 275(1) - Sixth Schedule - Provisions for administration of Tribal Areas in the States of:

Assam: The North Cachar Hills District Council and The Karbi Anglong District Council. Elections to the Bodoland Territorial Council (BTC) also formed under Sixth Schedule have been held on May 13. Results are yet to be declared.

Meghalaya - Khasi Hills District Council, Jaintia Hills District Council and Garo Hills District Council.

Tripura - Tripura Tribal Areas Autonomous District Council.

Mizoram - The Chakma District Council, The Mara District Council and The Lai District Council.


The District Council comprises of 30 members for a term of five years. The Governor of the state is empowered to nominate not more than four members to the Council while the others are elected on the basis of adult suffrage. The Chief Executive Member (CEM), the Chairman and the deputy Chairman of the Council (equivalent of Speaker and Deputy Speaker) are elected from the members and the CEM selects the other executive members. There are different internal rules for different Autonomous District Councils. In some councils like Mara in Mizoram, the electorate are eligible adults (anyone above 18 years) but in others like Karbi Anglong right of access to traditional lands and length of stay in the region are regarded as as a qualifying criteria for being included in the voters list for the ADCs.

The Sixth Schedule contains provisions as to the administration of tribal areas in the state of Assam,
Meghalaya, Tripura and Mizoram. The aim of the Sixth Schedule was to protect hill and other tribal communities from the control and power of the groups and the plains. The process of protection began with the formation of the first District Councils in Assam, as far back as 1951. The Sixth Schedule provisions are regarded as a mini-Constitution within the main Constitution but the whole Schedule needs a close look to remove flaws, contradictions and shortcomings. Earlier, Arunachal Pradesh (earlier known as North-Eastern Frontier Agency) was also part of the Sixth Schedule and administered by the Governor of Assam as the agent of the President.

The North-East with its large number of tribal groups and emerging educated elites of recent origin has a peculiar political history. Most of these communities had self-governing village councils and tribal chiefdoms even during late British period. Nation and state formation was absent and even in the most advanced area of the region, ruled by the then Ahom Kings, the economy was run by the British. But the effort should be to give all States the opportunities provided by the 73rd and 74th Constitutional Amendments. This should be done by safeguarding their traditions, without tampering with their essential rights and giving each state the chance ton use its own nomenclature for such systems of governance, which will gave local acceptance.

Over the past decades, the systems of local-governance promoted under the Sixth Schedule have been seeking to guarantee political dominance for backward groups, better local governance at the community level, better economic development and ethnic security for those who feel threatened by large scale influx of illegal migrants and even shelters from other parts of India.

There are other regions in India which also have large populations of tribals. These areas are covered by the Fifth Schedule and are protected by the Centre in a paternalistic manner. This is totally different to the Sixth Schedule states where the emphasis is self-rule because many of the communities inhabiting these areas had ruled themselves until the British subjugated them in the 19th century. The Sixth Schedule provisions are regarded as a mini-Constitution within the main Constitution but the whole Schedule needs a close look to remove flaws, contradictions and shortcomings.

There is a long list of subjects and powers as far as District Councils in the four states under the Sixth Schedule under Articles 244 (2) and 275 (I). The list includes allotment, occupation or use, or setting apart, of land, the regulation of jhum (shifting cultivation), establishment of village or town committees or councils and their powers as well as administration, flood control, trade and commerce, town and village police.

ASSAM:

Historically Assam had a mosaic of tribal and non-tribal institutions. It was principally the system prevailing under the Ahoms which provided the background to the evolution of Panchayati Raj Institution in the state.

British Period:

The promulgation of the Assam Local Self-Government Act, 1915 brought about a change of approach. The act provided for the establishment of the Village Panchayat, for the first time on a formal and legal basis. It also provided for an elective non-official majority in the Panchayat and for the election of non-Officials as Chairpersons and Vice-chairpersons. The act delegated powers and functions to the Village authorities relating to Village sanitation and village works, etc. In 1926 another act was passed as a Panchayat Act because of the failure of the Panchayat scheme under the 1915 Act. The functions of the Village authority under the act of 1926 were listed as water supply, medical relief and sanitation. However, Panchayat institutions under the British proved to be a dismal failure.

Post Independence Period:

In the post-independence period, Assam was one of the pioneering states to introduce Panchayati Raj by enacting Assam Panchayati Raj Act, 1948. It provided for the division of rural Assam into Panchayat areas, with each area consisting of a number of villages and each village having a primary Panchayat. All adult residents of a primary Panchayat area were made voters. The act provided that primary Panchayats would have executive bodies. This was a notable improvement on the earlier position.

On the recommendation of Balwant Rai Mehta committee Report, the Panchayati Rai system was introduced in the country and Assam was one of the states which framed a new Panchayati Raj Act, 1959, replacing the earlier Act, and a three-tier Panchayati system consisting of the Gram Panchayat at the Village level, Anchalic Panchayat at the intermediate level (co-terminus with the CD block) and Mahkuma Parishad at the Taluka or Sub-divisional level were constituted.

The Assam Panchayati Raj Act covered the plain districts of the state and the Hill Autonomous Districts and villages located in the tea garden areas were excluded from the purview of the Act. With the introduction of the new act, the then existing local boards were abolished. The act of 1959, amended in 1964, was repealed after the adoption of the Assam Panchayati Raj Act, 1972. Through this Act, the PR system in Assam was reverted back to the two-tier system, the Goan Panchayat (GP) at the village level with the population size ranging from 15,000-20,000 and Mahkum Parishad (MP) at the apex level. The act also brought under its coverage the villages located in the Tea-garden areas.

The state government once again made amendments to the earlier Panchayati Raj Act and introduced a new Act in 1986 replacing the 1972 Act. The new Act became operative with effect from 5th September 1990 only. With this new act the state again reverted to a three-tier set up - Gaon Panchayat with 6000 - 10,000 Population size; Anchalik Panchayat (at the block level) and Mahkuma Parishad at the sub-divisional level. In February 1992, the first elections under the act of 1986 were held. For the earlier elections, the electoral rolls of the Assam Legislative assembly had served as the voters list for Gaon Panchayat and Mahkuma Parsihads. Due to various reasons, most importantly, the controversy over an acceptable electoral roll in the wake of the movement against the presence of foreign nationals in Assam, Panchayat elections had been stalled for more than a decade.

Present Position:

As a sequel to the 73rd Amendment, the Assam Government enacted the Panchayat Act,1994 which covers almost all the features of the 73rd Amendment. The PR system continues to be the three-tier with a modification i,e, in place of Mahkuma Parishad there shall be Zilla Parishad at the District level. The reservation for women was increased from 30 % (as per the 1986 Act) to 33.3 percent in the 1994 Act.

Reservation for the SCS/STs in non Autonomous district council (ADC) area shall be in proportion to their population.

The Act provides all the 29 items as per the eleventh schedule to be transferred to PRIs. At the Gaon Panchayat and Anchalik Panchayat levels there shall be three standing committees. The three standing committees at the GP level shall be - a). Development Committee; b). Social Justice Committee; and c). Social Welfare Committee. At AP level, the three committees shall be a). General Standing Committee; b). Finance, Audit and Planning Committee; and c). Social Justice Committee. The Zilla Parishad shall have four Committees a). General Standing Committees; b). Financial and Audit Committee; c). Social Justice Committee; and d). Planning and Development Committee. After a long pending Panchayat election was held in 2002 and Panchayat has been constituted all over the state except in the Hill Autonomous District Council Areas.

Autonomous District Councils of Assam:

The division of the composite state of Assam led to the redrawing of new administrative boundaries. The North Cachar Hills sub-division of the United Mikir and Cachar Hills district was upgraded to district in 1970. The Mikir Hills District section was renamed as Karbi Anglong in 1976. Both districts have Autonomous Councils. These two Councils are much more powerful than their counterparts in other states of the region after an MoU was signed between State government and Autonomous State Demand Committee in the presence of Union Home Ministry officials. In all there are 30 departments including DRDA, handloom and textiles, sports and youth welfare, town and country planning, transport, excise and finance.

The BTC (Sixth Schedule) as a result of the tripartite accord between the Centre, Assam government and Bodo Liberation Tigers (BLT) in February 2003. The ceasefire agreement between the Centre, Assam government and National Democratic Front of Bodoland on May 24, 2005 will further strengthen the Council and usher in peace in the border state. Apart from the Kokrajhar district, three new district have been created in the Bodoland Territorial Area Distrcit - Udalguri, Bagsa and Chirang. Thirtynine Departments have already been transferred to BTC by the State government.

Elections to BTC were held in May, 2005. All the 38 members of the newly created Bodoland Territorial Council (BTC) took oath of office on June 2, 2005, heralding a new chapter in the Bodo political history. In the 46-member council, 30 are reserved for Scheduled Tribes, 5 for non-tribal communities, 5 open for all communities and 6 to be nominated by Governor of Assam from the unrepresented communities for BTC area of which atleast two should be women. Elections to two remaining seats will be held later.

Hangrama Mahilary is the Chief Executive Member (CEM) of the BTC. Mahilary belongs to former Bodo Liberation Tigers which signed peace accord with the Centre and Assam government in 2003. Assam Governor is the constitutional head of the BTC.

List of Subjects under the Karbi Anglong Autonomous District Council:

1. Industry

2. Animal Husbandry & Veterniary

3. Forest

4. Agriculture

5.PWD

6. Sericulture

7. Education (Primary, Higher Secondary and Adult Education)

8. Cultural Affairs

9. Soil Conservation

10. Cooperative

11. Fisheries

12. Panchayat and rural development including DRDA.

13. Handloom and Textile.

14. Health and Family Welfare

15. Public Health Engineering

16. Irrigation

17. Social Welfare

18. Flood Control

19. Sports and Youth Welfare

20. Weights and Measures

21. Food and Civil Supplies

22. Town and Country Planning

23. College Education including library, museum and archaeology

24. Land Reforms

25. Publicity and Public Relations

26. Printing and stationery

27. Tourism

28. Transport

29. Excise

30. Finance including Sales Tax, excise and professional tax.

Other Councils of Assam:

The Mishing Autonomous Council Act, 1995 provides that there shall be a village council for each block of villages or village having 50 per cent or more Mishing population. The other two Acts - Tiwa Autonomous Council Act, 1995 and the Rabha Hasong Autonomous Council Act, 1995 also stipulated similar ethnic criterion in favour of respective ethnic group.

ARUNACHAL PRADESH:

Arunachal Pradesh was created out of the frontier tribal areas of Assam. It was formerly known as North-East Frontier Agency (NEFA). It was made an union territory in 1972 and given its present name - Arunachal Pradesh (Land of the Dawn-lit Mountains) . In 1987, it became a state. The state is surrounded on three sides by the international border with Bhutan to the west, China to the north and Burma to the east and Assam to the South. It is the only hill state in North-Eastern Region which introduced a Panchayat system as early as in 1969, under the NEFA Panchayati Raj Regulation 1967.

The state has 26 tribes including Adi, Nishi, Apatani, Tagin, Mishimi, Khampti, Nocte, Wancho, Tangsha, Singpho, Monpa, Sherdukpen and Aka and nearly 126 sub-tribes. Traditionally, the tribal people had been managing their affairs through Village Councils, certain tribes even developed into some sort of Anchal councils (for example in Bango Kebang and the Bogum Bokang Kebang of the Adis) operating above the Village level.

Under the NEFA Panchayati Raj Regulation 1967, a three-tier structure was constituted on 2nd October 1968. It comprised Gram Panchayat at the Village level, Anchal Samities at the anchal level and Zilla Parishad at district level.
Gram Panchayat The Gram Panchayat consisted of one to ten members directly elected by the villagers. Each hundred villagers has one member. Each Gram Panchayat was to have a minimum of three hundred electors. There was no provision for a Chairman of a Gram Panchayat. Anchal Samiti Each Gram Panchayat in the anchal elected one of its members to the Anchal Samiti, which had a maximum of twenty-five members. These members elect their vice- president from amongst themselves. Besides the elected members, the Anchal Samiti could have a maximum of five members nominated by the Deputy Commissioner from among the tribes not represented by the elected members. The Deputy Commissioner of the district could appoint the Sub-divisional Officer or any other Officer of the same rank as the President of the Anchal Samiti, and another Junior Officer, not below the rank of a circle Officer, as its executive Officer.

The Zilla Parshads consisted of all the Vice -Presidents of the Anchal samities, one elected representative each from the Anchal Samities and not more than six members nominated by the Deputy Commissioner of the district form among the tribes who have not secured representation in the Zilla Parishad. The Deputy Commissioner of the District is the ex-officio Chairman of the Zilla Parishad. The term of Office of the panchayat were three years. The Zilla Parishad was mainly an advisory body and had no executive function.

In view of the dominant position that officials continued to occupy in the Panchayati Raj bodies at all the three levels and the influence they exercised in these councils, it would be unrealistic to call them self-governing institutions in the real sense of the term. Arunachal Pradesh has a population below twenty lakh. Therefore, it had the option of constituting only two tiers under the constitution 73rd amendment Act, 1992, but an ordinance framed on 18th April 1994, that is, the Arunachal Pradesh Panchayat Raj ordinance, included the constitution of three tiers in the state.

Present Status

The passage of the 73rd constitutional Amendment Act 1992 created a unique situation in Arunachal Pradesh. To meet the requirement of the 73rd Amendment Act, the Arunachal Pradesh Government issued the Arunachal Pradesh Panchayati Raj ordinance 1994 replacing the NEFA Panchayati Raj Regulation 1967 to meet the requirements of an Amendment Act. The ordinance was sought to be replaced by the Arunachal Pradesh Panchayati Raj Bill 1994 passed by the Arunachal Pradesh Legislative Assembly in September 1994. It contained the same provisions as in the Panchayati Raj Ordinance. However, the Bill could not become an Act as the Govenor of Arunachal Pradesh reserved it for the assent of the President of India.

The President of India did not give assent to the Bill remitted it to the Legislative Assembly with the observation that (1). It does not provide for Gram Sabha, and that (2). It does not provide for reservation for scheduled castes. The State Legislative assembly reconsidered the Bill in March 1997 and modified it to provide for a Gram Sabha at the lowest level of Panchayats but it did not agree to make a provision for reservation for Scheduled Castes on the plea that Arunachal Pradesh does not have any Scheduled Caste population. The negligible Scheduled Caste population in the state is only floating population and is mainly concentrated in urban areas. The bill was sent again to the President of India in April 1997. It is now awaiting the President’s assent. Therefore no elections have so far been held to the Panchayat bodies.

Meanwhile the Arunachal Pradesh Governor trice extended the life of the Panchayat bodies elected in 1992 under the NEFA Panchayat Raj Regulation 1967, first time in August 1995 for one year and then in September 1996 and in March 1997 extending it for six months each time. The original term of Panchayats were three years. It was extended upto five years with the plea that the 73rd Amendment Act, 1992 makes an uniform 5 years term for the Panchayats, throughout the country, overlooking the fact that it does not allow any extension of terms of the Panchayats elected under the existing Acts. It only allows them to complete the term if it extends beyond 1994.

Hence, on 14th September 1997 on completion of the two-year term of the Panchayats, the state government ordered their dissolution. Thus, the 73rd Amendment Act has created an entirely reverse position of its intended objectives of strengthening and ensuring introduction of Panchayats in every state. In Arunachal Pradesh, it had led to a situation where existing Panchayats are also eliminated. This probably is a violation of the 73rd Amendment Act and thus Indian Constitution. There are however, frequent and ever increasing demand from the people to restore the Panchayats in the state as soon as possible.

In Arunachal Pradesh, there is also a traditional gathering of villagers known as Kebang, which meets to sort out problems. In some cases it may be adultery, in others theft. Members of the Kebang must be encouraged to contest elections.

The Arunachal Pradesh Assembly had passed a bill to create four Autonomous District Councils in the state in 2003 but the Parliament is yet to approve it.

SIKKIM:

In Sikkim during the Kazi-Thikadari Raj, any influential Khardar, Amaldar, village Mandal or even a village elder can call the Panchayat composed of the village elders in order to hear and decided every petty dispute among the villagers. After hearing both the parties, the party found guilty was asked to pay a small fine amounting to Rs. 2 to Rs. 5 as fine alongwith a bottle of busty wine or one Theki curd as ‘Sir Uthauni" to the aggrieved party. Thus all the petty cases would be decided in the village Panchayat.

Later from 1940s, the Sikkim Government constituted some Panchayats in Sumbuk, Turuk, Rhenock and Pakyong. A literate village elder would be appointed as the Chairman with four or five members to assist him to discharge functions. Even here the responsibilities of the Panchayats were confined to settle petty cases of the villagers.In 1949, when J.S. Lall was appointed as the Dewan of Sikkim, he tried to introduce the Panchyat Raj in Sikkim, to proceed the introduction of general elections.
During Narbahadur Bhandari’s regime, the partyless Panchayat system was introduced. But all the elected Panchayats functioned as the village cadre of the Sikkim Sangram Parishad. These Panchayats were responsible to implement village development projects like construction of log bridges, village irrigation channels and water supply schemes. But the cost of every development project being implemented by the Panchayat contractors should not exceed Rs 5 lakhs.
When Pawan Kumar Chamling’s SDF party formed the government in 1994, he introduced the Pancyahat elections on party basis. Mr Chamling’s plea was since all the elections for Parliament and Bidhan Sabha are being fought on party basis, it would be better to introduce Panchayat election on party basis. Mr. Chamling reiterated that the Panchayati Raj is the stepping-stone to Bidhan Sabha and Parliamentary elections. Panchyati Raj is "the soul of democratic governance."

Chief Minister Chamling had declared, "We have reserved 33 percent seats for women. We have also made reservation for Other Backward lasses. We have now started transferring funds so that the Panchayts would be able to function more effectively." While quoting Gandhiji, the Chief Minister Chamling said, "Mahatma Gandhi said that Ram Rajya comes from the villages. To realise the dream of Gandhiji, Panchayats should work hard and root out all bad practices from the society. Let us join our hands and pull together for making a Happy and Sukhi Sikkim."

MANIPUR:

Manipur came under British rule as a princely state in 1891. The Manipur Constitution Act, 1947, established a democratic form of government with the 'Maharajah' (King) as the executive head and a legislature constituted by election based on adult franchise. The Legislative Assembly so constituted was dissolved after the integration of the state with the Dominion of India in October 1949. It became as a part ‘C’ state under the Indian constitution with effect from 26-1-1950. Manipur achieved full statehood on January 21, 1972.

Manipur is geographically divided into the hills and valley. The Hill areas are inhabited predominantly by the Nagas, Kukis, Peitis, Gangtes with a sprinkling of the Nepalese in the immediate neighborhood of the valley. In the valley live Meiteis, (Manipuri Hindus), Pangals (Manipuri Muslims), the Nepalese, and the Business communities like Marwaris, Punjabis, Biharis and so on. The Barak basin is inhabited by the Meiteis and the Bengalis.

The Panchayati Raj institutions were functioning only in the valley districts and Jiribam sub-division. In the hill districts, there were village authorities, almost similar to village Panchayats, functioning under the provisions of the 1956 Manipur (Village Authorities in Hill Areas) Act.

Evolution of Panchayats in Manipur

Traditional form of Panchayats had been existing both in the valley and hill areas of Manipur from time immemorial. In the villages of valley there were institution viz, Singlup or wood clubs, resembling the Panchayats of Bengal, under the 'Sardar' or head of village. Besides generally controlling village affairs, these singlups used to adjudicate petty disputes in the villages. In December 1896, the singlups were replaced by Panchayats. These Panchayats were constituted with five members. These Panchayats had the power to impose fines up to fifty rupees, and of deciding civil suits involving a value of fifty rupees or less.

The apex Panchayat at Imphal, known as Sadar Panchayat, adjudicated in civil cases of appeals from the village Panchayats besides looking after the civil cases of the Imphal area. Under the Manipur State Courts Act, 1947, Vilalge Panchayats were conferred with the powers of the lowest court for the administration of Justice in criminal and civil cases.

Modern Panchayat System in Manipur

The Panchayat system in Manipur was introduced in 1960 under the provisions of the United Provinces Panchayat Raj Act 1947, which was extended to the state. Under the Act, a two-tier system was introduced in the state. The state government enacted the Manipur Panchayati Raj Act in 1975 which provided a three tier system of Panchayat in the state comprising Gram Panchayats at the Gram Sabha level, Panchayat Samities at the block level and Zilla Parishads at the district levels, besides Nyaya Panchayats for judicial purposes.

Post 73rd Amendment Developments

In conformity with the 73rd constitution Amendment Act of 1992, the Manipur Panchayati Raj Act 1994 was passed on 23rd April 1994 by repealing the Act of 1975. The new Act has provided for the constitution of a two-tier Panchayati Raj in the valley areas, the Gram Sabha at the village level and Zilla Parishad at the district level. The Act of 1994 was amended substantially in 1996 to accommodate gram sabha at the village level having population of not less than 3,000 and not more than 6,000. The last elections took place in 2001. The state government has not devolved a number of the subjects to the Pachayats and elected members went on strike, demanding reinstatement of their rights.

District Autonomous Councils are in existence in the hill areas of Manipur. However, they have few real powers.They have several regulatory powers subject to state control. In the exercise of development functions, they are mercy of the state government. Since their incomes are unstable, they are more dependent on the state government.

The state is seeking Sixth Schedule status for its hill areas for decades and nothing much has come of it, leading to opinion that the demand was not really serious. The population in the hills is one-third of the total population. While the Centre should seriously conisder the request to extend the Sixth Schedule provisions to the Manipur Hill areas, it should also consider invoking and involving the traditional tribal institutions of the various hill tribes as a tier of the Autonomous District Council. The issue needs to be viewed in the light of the compliactions arising out of the Naga situation.

Earlier, the Manipur government had passed a resolution asking the Centre to confer Sixth Schedule status on the hills. But now some of the ethnic groups in the hills do not seek a Sixth Schedule status. Certain Naga groups want to be part of ''Nagalim'' or Greater Nagaland comprising existing Nagaland and contiguous Naga inhabited areas of Manipur, Assam and Arunachal Pradesh.

TRIPURA:

Tripura is the second smallest state in India. It was formally declared a Union Territory on November 1, 1957 and elevated to the status of a full-fledged state on January 21, 1972. The Panchayati Raj system in Tripura was initially guided by the United Province Panchayat Raj Act, 1947, and 'Gaon Sabhas' in development blocks were constituted in a phased manner. The Tripura Panchayats Act, 1983, was brought into force in January 1984, replacing the United Provinces Panchayat Raj Act, 1947.

Tripura has a long history of good local self governance. Where a single tier system of Panchayati Raj was started at the village level. The Gram Panchayat is the executive body of the Goan Sabhas constituted through open election by raising hands. Naya Panchayat was also formed at circle level by comprising several Goan Sabhas.

The Tripura Panchayat Act, 1993 established a three-tier structure in the state with the Gram

Panchayat as the lowest tier, the Panchayat Samitis at the block level and Zilla Parshad at the district level. The Act also provides for a Gram Sabha which shall meet annually to consider matters relating to accounts, budget, and report of development works in the Gram Panchayat.

Gram Sabhas are there irrespective of schedule or non-schedule area. Hence, Tripura’s local self-governance is quiet unique. The members of Gram Sabha in Tripura have never been silent observer. They actively participate in almost all the village affairs like crime and punishment, guarding the villages and forests, resolving community conflicts, land alienation and management matters, general cleanliness of the village and other service areas like cleaning the local health centre. Gram Sabhas are capable of determining and analyzing the resources they have including opportunities as well as problems and obstacles to development.

The Tripura Tribal Areas Autonomous District Council (TTAADC) was set up in 1985 under the sixth schedule of the constitution and it provides for separate elections to village councils. It was a successor to a an earlier Council formed in 1982 under the Fifith Schedule. The Council has its own rules, regulations for performing activities within its domain. These include, settling private disputes, administrative job including market, water supply, judicial -- murder, theft and divorce.

The TTAADC passed a resolution in September 1991 seeking the enforcement of Inner Line Permit System. In 1997, a bill was passed to set up its own police force. TTAADC has 28 elected members The rest two are nominated by the Governor and they must be tribals too. The Council comprises two-third of the State's geographical size, however, the population structure is two-third non-tribals and other one-third tribal.

The main area of confrontation exists between the TTAADC and the State government in relation to devolution of power and functions. The Council has urged for devolution of more powers and direct funding by the Centre under Article 244A of the Constitution.

MEGHALAYA:

Meghalaya, literally ‘the abode of the clouds’ was inaugurated as an autonomous state on April 2, 1970. It was declared as state on January 21, 1972. Khasi, Jaintia and Garo are the three major tribes and other smaller tribes are Hajong, Rabha, Delu, Babai and Mann. There are three District councils under the sixth schedule of the constitution covering the seven districts of the state. The District Councils are among the oldest in the country and began at the time of undivided Assam. Essentially created to protect the hill groups from domination by the plains, there is a distinctly anomalous situation in Meghalaya today. The District Councils as well as the state Assembly are dominated by the three major tribes. So certain questions arise: whose interests are the Autonomous District Councils protecting? Have they been effective in taking self-governance to the grassroots? If not, where have they fallen short?

In Meghalaya, specially in the recent years, political instability, floor crossings combined with abrupt changes of leadership have disrupted functioning of the Councils. There is a overlap of authority in the state. Given its small size, a conflict of interest is bound to arise between the Assembly and District Councils. There are three competing systems of authority each of which is seeking to serve or represent the same constituency. The result has been confusion and confrontation expecially at the local level on a number of issues.

Garo Hills District Council:

In Garo Hills, below the level of District Council there is an institution called Lasker which is recognised by the District Council as a traditional body. During the colonial rule they were under the control of the Deputy Commissioner. They have both Executive and Judiciary functions within their area. In Garo Hills, there is another institution at the village level called Nokma. Nokma who holds control over clan land is called A’king Nokma and there are village level 'Sardars' to assist the Nokmas in day to day village administration. The Nokmas and Sardars to are under the administrative control of the District council. Nokmanship is inherited by the clan members under the District council administration.

The A’king Nokmas have been reduced to mere custodians and supervisors of their A’kings on behalf of their wives and their clans. However, the Garo Hills District (Jhum) Regulation Act, 1954, conferred on the A’king Nokmas the right to allot land for jhumming to each family within his A’king in consultation with the residents thereof. But in the event of any dispute with regard to the land so allotted by the A’king Nokma to any particular person or a family, the matter has to be referred to the village council, a power which was earlier exercised by the A’king Nokma.

The Garo Hills Autonomous District Council passed the Constitution of Village Council Act in 1958 in order to establish and develop local self government in the rural areas and to make better provisions for rural administration and to develop them as self-sufficient units. A village council was constituted for each village and group of villages. There was a President and a Secretary for each village council. The duties and functioned allocated to the Village Council included: cleaning and lighting of village roads and paths; sanitation, construction, maintenance and improvement of public wells and tanks; preventive measures in case of epidemic, opening and regulation of burial and cremaation ground and places for disposal of dead animals, construction and maintenance of places for the storage of cow-dung and other manures, maintenance of record of population census, census of unemployed persons and landless persons and persons having no economic holdings and other statistics; construction; maintenance and improvement of village communication, drains and water-ways ; control of village grazing grounds; village common and other communal property; the relief of the poor victims of famine, flood and other calamities; regulating slaughter houses; controlling and maintenance of owned or transferred buildings, institutions or property; regulating the construction of new building or houses or extension or alteration of existing one; Primary School education. Registration of births and deaths.

Khasi and Jaintia Hills District Councils:

In the Khasi Hills, the Syiem (King) is recognized as traditional institution who holds office usually for life but in some cases for short period of five years. The Syiem is elected in accordance with the customary law and practice by traditional executive called Myntris. The institution is under the administrative control of the District Councils.

In the Jaintia Hills District also there is a traditional authority called Doloi who functions more or less on the same pattern of syiems among the Khasis. A district council for the then Khasi and Jaintia Hills District was inaugurated in 1952. The United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headman) Act, 1959 (hereafter referred to as the Principal Act), made provision not only for its authority to appoint the chiefs and headmen, but also that of the removal and suspension of the same by the executive committee of the district council, if in its opinion, these incumbents violated, the terms and conditions of their appointment. This act not only brought radical changes in the pattern and procedure of the election and appointment of chiefs, but also reduced their position and status.

According to Article 243 M of the constitution, the provisions relating to Panchayati Raj institution are not applicable to Meghalaya. Hence, 73rd Amendment of Indian Constitutio does not apply to Meghalaya.

MIZORAM:

Mizoram, in the local language, means the land of Mizos. ‘Mizo’ itself means highlander. Under the British administration, Mizoram was know as Lushai Hills District. In 1954 by an Act of Parliament the name was changed to Mizo Hills District. In 1972, when it was made a Union Territory, it was named Mizoram. Mizoram became 23rd state of Indian Union on 20.2.1987.

The Mizos have various tribes including Lushais, Pawis, Paites, Raltes, Hmars, Kukis, Maras and Lakhers. Mizoram has democratically elected Village Councils since 1954 which have been set up by the enactments of the District Council as per sub-clause (e) of the clause (3) of the Sixth Schedule to the Constitution of India with a very limited functions and powers mostly administrative and judicial of petty nature. The Lushai Hills District (Village Councils) Act 1953 and the Pawi-Lakher Autonomous Region (Village Council) Act 1994 have been adopted by the Mizoram government and the District Councils (Mara District Council, Lai District Council and Chakma District Council) since 1972. The provisions of the Acts are amended by an executive/ administrative orders of the government and District Councils.

The three District Councils of Mizoram handle 18 subjects each, similar to those of Meghalaya. The

Chakma Council have 13 elected posts and three nominated. The Lai ADC has 23 elected members and four more are nominated by the Governor. The Mara ADC has 19 elected and four nominated members. There are demands from Paites in Western Mizoram, the Hmars (they already have a Hill Development Council) and the Brus (Reangs) for Autonomous District Councils.

The 73rd Constitutional Amendments Act does not apply to Mizoram.

NAGALAND:

Village Councils of Nagaland :

The Nagaland state comprises of the former Naga Hills district of Assam and the former Tuensang Frontier division of the North East Frontier Agency. These were made a Centrally Administered Area in 1957. In January 1961, it became the state of Nagaland. The state of Nagaland was officially inaugurated on 1st December 1963. The population of Nagaland is entirely tribal. There are as many as 16 major Naga tribes with their own distinctive languages and cultural features. The major tribes are Angami, Rengma, Sema, Lotha, Zeliang, Ao, Chakesang, Chang, Sangtam, Khemnungan, Yimchunger, Phom and Konyak.

Village level institutions have been strong in Nagaland. Since time immemorial Naga villages were independent in nature. There had been two major forms of village governments in Naga society, viz. democratic and autocratic. For instance, the Angamis, the Aos and the Chakhesangs had democratic form of government whereas the Semas, and the Konyaks practiced autocratic type of village government. The governments were run without written laws. However, the customary laws and usages were strictly adhered to. Even today customary laws are considered as the guiding principles of life in society.

Traditionally, life in every village in Nagland is managed by a council of elders - village council. Village organization in Nagaland is primarily based on institution of clan. A clan is a group of families amongst whom inter-marriage is strictly prohibited. Geographically a Naga village is divided into Khels (wards or sectors) which indicates a cluster of families.

The history records that Naga villages were organized as small states or republics. However, there was no uniform legal system of village government in Naga society till 1970. After realizing the importance of village government, the state government of Nagaland passed an Act known as Nagaland Village, Area and Regional Council Act, 1970. Thereafter, it was further amended in 1973 and 1978 as Nagaland Village and Area Council Act with a view to bring uniformity in Village Council structure all over Nagaland. A Village Council consists of members chosen by villagers in accordance with the prevailing customary practices and usages, the same being approved by the state government, provided that hereditary village chiefs, Goan Booras (GBs) and Angs shall be e-officio members of such councils and shall have voting rights. The village council will choose a member as Chairman of the council. The Village council may select and appoint a Secretary who may or may not be a member of the council. If the Secretary is not a member of the council, he shall have no voting power.

The Village Council has the following powers and duties.

to formulate village development schemes , to supervise proper maintenance of water supply, roads, forest, education and other welfare activities,

to help various govt. agencies in carrying out development works in the village,

to take development works on its own initiative or on request by the government.

to borrow money from the government, Banks or financial institution for application in the development and welfare work of the village and to repay the same with or without interest,

to apply for and receive grant-in-aid, donations, subsidies from the government or any agencies,

to provide security for due repayment of loan received by any permanent resident of the village from the government, Banks or financial institutions.

to lend money from its funds to deserving permanent residents of the village and to obtain repayment thereof with or without interest.

to forfeit the security of the individual borrower on his default in repayment of loan advanced to him or on his commission of a breach of any of the terms of loan agreement entered into by him with the council and to dispose of such security by public auction or by private sale.

to enter into any loan agreement with the government, Bank and financial institutions or a permanent resident of the village.

to realize registration fee for each litigation within its jurisdiction;

to raise fund for utility service within the village by passing a resolution subject to the approval of the state government; provided that all monetary transactions shall be conducted through a scheduled Bank or the Nagaland state Co-operative Bank;
to constitute village Development Board; power to do certain acts on the event of epidemic. On the outbreak of an epidemic or infectious disease village council shall initiate all preventive measure.
The village council is authorized to act as the supporting agent to the government in the village administration which includes the following:
a). Maintenance of law and order;
b). In serious case offender may be arrested but such person should be handed over to the nearest Administrative Officer or Police Station without undue delay;
c). to report to the nearest Administrative Officer of occurrence of any un- natural death or serious accident;
d). to inform the presence of strangers, vagabonds or suspects to the nearest Administrative Officer or Police Station;
e). to enforce order passed by the competent authority on the village as a whole;
f). to report outbreak of epidemics to the nearest Administrative Officer or Medical Officer;
g). no transfer of immovable property shall be effected without the concent of the village council. Written record of this shall be maintained by the village council.

In accordance with the Nagaland Village Area and Regional Council Act 1970(Amended in 1973 and 1978) VDB came into existence in 1980,as a subsidiary to Village Council. At present Nagaland has 1,045 recognized villages and each village has a Village Council to look after law and order situation of the village and a VDB to undertake developmental activities of the village. VDB deliver developmental works to the village through centrally sponsored Schemes as well as State govt. Schemes.
The constitution 73rd Amendment Act does not apply to the state of Nagaland.

Constitutionally, Nagaland is a case apart, even from the other North-Eastern states, with the passage of Article 371A which specifies that no Act of Parliament in respect of (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law and (iv) ownership and transfer of land and its resources shall apply to state unless its Legislative Assembly by a resolution so decides. This provision gives such powers including the right to deny the Centre's mining rights which few other States have in India. In addition, the Governor of Nagaland has special powers to act with regard to internal disturbances, powers which are virtually unchallengeable.

Comparison between Panchayats, Districts Council and traditional Institutions

Making Phanchayat institution of self governance is the mandate of the constitution. The 73rd constitution Amendment Act ushers in a new era of participatory governance towards realizing Gandhiji’s dream and his ideas of Gram Swaraj. The objective of the 73rd Amendment Act to the Constitution is the devolution of power, where as Village Council Acts do not stipulate the same. The village Councils thus have no comparison with constitutional provisions relating to Panchayats.

When all the provisions of the 73rd Amendment about the powers, scope of function and financial support for the exercises of the powers and discharge of the responsibilities by the Panchayat bodies are compared with those attached to the District Councils under the Sixth Schedule, it is found that while the District Councils have several regulatory powers subject to state government control, the Panchayats are in more advantageous position in respect of developmental functions. The sources of income of district councils are a less stable. Infact, they are solely at the mercy of the state government, whereas the Panchayat bodies are entitled to get funds from the state and central government under several schemes, in addition, to their own regular sources of income by taxation, mobilisation of locally available resources, and the like.

To prevent the Panchayat bodies from falling into financial Starvation Financial Commission has been established. In case the Panchayat bodies are dissolved, the 73rd Amendment to the constitution stipulates that they must be reconstituted within a period of six months from the date of their dissolution. In the case of district councils, fresh elections can be held subject to the approval of the state legislature within a period not exceeding twelve months. Moreover, where as there is a provision of reservation of seats for women in Panchayat bodies, their representation is neglected in the traditional institutions and in the District Council. One of the major drawbacks of the District Councils vis-a-vis Panchayats is that while in Panchayats power is percolated down to the village level in Councils it is concentrated at the District level. This often do not lead to empowerment of people at the grass root level. It has also been argued that District Councils would be more effective if villages under such Councils are empowered.

The overriding issue of corruption has emerged as a major problem. It is now being accepted all over that one of the major drawbacks of the process of development planning has been corruption in rural development works, and even at the high levels of bureaucracy and political leadership. In the North-Eastern states the pace of development is comparatively slower in case of District Councils in comparison to the Panchayat areas, largely due to rampant corruption. In tribal areas the elites or the local leaders are emerging as an opportunist class and they take the largest share of benefits depriving the poorest section of the society. Panchayats are party based and it is the ruling party that dominates. However, since the members are from different political parties there is scope to take meticulous measures to prevent or reduce corruption.

Rural reconstruction can be achieved through changing the mindset of the rural people, particularly that of the marginalised sections. They should not consider themselves merely as a cog in the wheel, but as the cornerstone of the governing system. This could only happen when they become participators in decentralised governance, planning and development. Governance from grass root level gives much scopes for development, but lack of awareness among the poor, manipulation and exploitation of the masses by the local elite are blocking the benefits of development from reaching to the most needy rural people. It is one of the saddest part of our development endeavor.

Efforts must made be to develop these instruments (Panchayats and District Councils) of political development through the framework of the Constitution which brings self-governance to the region and confront the false hopes and angers generated by forces proposing disintegration. The future of the North-Eastern states, in political terms, hinges on those seeking and choosing self-governance over those seeking seperation.

Critical Review:

The relevance of the Sixth Schedule in the present context needs a serious review. The Schedule was specifically created to ensure the protection of the minor tribes from the threat of marginalization, domination and homogenisation by the major tribal group under the jurisdictional area of the Autonomous District Councils (ADCs).

While the Schedule succeeded to a great extent to preserve the distinct identity and autonomy of tribal population, yet the same provision has become subject to much controversies. The former excluded areas which the Schedule was supposed to protect have graduated from districts into full-fledged States such as Meghalaya and Mizoram. Therefore, the District Councils in these States are now a bit of an anachronism as they overlap the normal district administration and have tended to duplicate the former and become a rival focus of power and financial burden.
Further, the Sixth Schedule has an inherent tendency to promote ethnic polarisation and sub-nationalism. At one level, the Schedule has brought out the clash of interests between the non-tribal valley dwellers and tribal hill dwellers. Further, the Schedule has problem so far as issue of representation is concerned. For instance, the Legislative Assemblies of Arunachal, Mizoram and Nagaland have all but one seats reserved for STs. This was justified when the tribals were in majority. But a sea change has undergone in the demography of the region. In a way, the Schedule promotes a de-facto regime of two-tired citizenship. Unless reviewed comprehensively, the Schedule could become chief source of future conflicts in the region.

There is also a need to re-look at the way Panchayati Raj Institutions (PRIs) are working in the North-East. The PRIs which devolves the powers to the people and promotes self-reliant and self-sufficient local institutions has remained defunct in the region largely due to overlapping laws and institutions. The PRIs are entrusted with a wide range of functions that exceeds what is available to the District Councils under the Sixth Schedule. As a result, these parallel institutions often clash and duplicating each others works. In other words, there is an urgent need to re-look at existing arrangements that would make decentralised governance a reality.

The time is also ripe to look afresh on the relevance of ‘special packages’ for the states in the region in the existing scenario. While not undervaluing the importance of special economic packages for the development of the region, generous economic aid has been poured without making proper assessment of institutional capacity and its utilisation in productive terms. Most of these States have very few revenue sources, they are special category states that primarily rely on central government’s assistance - 90 per cent grants and 10 per cent loans.
Without independent sources of tax revenue, the autonomy of such units is compromised. Consequently, this form of financing state budgets has provided the local politicians an added incentive to engage in rent seeking activities encouraging fiscal irresponsibility. The overwhelming dependence on the central government for funds also means that most development projects are both funded and designed far away from the region and with little likelihood of reflecting local visions of the future. Besides, the major fallout of this is the leakage of development funds is the emergence of a large new rent seeking class consisting of bureaucrats, politicians and contractors. This has led to increasingly corrupt regimes in the North-East. Though stopping the aid could not be an answer, but its time to rethink how such generous grants are efficiently utilised. Working of much neglected grassroots institutions both in terms of capacity and freedom to implement development programmes must be reviewed.
The genesis of the movements for greater autonomy by different ethnic groups in the North-East lay in the British policy of administration for the region. The system of administration established under colonial rule was effective in the plains of the region. But the hills, inhabited mostly by tribal people, were virtually left out from that system of administration-. In fact the hills were classified as 'excluded' or 'partially excluded' areas and tribal communities living in such areas were allowed to continue with their traditional arrangements of self- governance'.
After independence, in an attempt to integrate these areas while preserving the tradition of self-governance of the tribal communities, the Sixth Schedule was incorporated in the Constitution of India. The Sixth Schedule provided for District and Regional Councils for the erstwhile 'excluded' and 'partially excluded' areas and these institutions were expected to integrate such areas with the modem system of administration while preserving the traditional
autonomy and self-governance of the tribal people. But these arrangements failed to meet the aspirations of the newly emerging political leadership of some of the tribal groups.
Nagas demanded independence. Other groups also followed by launching movements demanding autonomy of various degrees. The Central Government responded to these demands by carrying out several rounds of reorganisations of the region and carving out new states. But instead of settling the issue, creation of the new states encouraged other ethnic groups to organise movements and agitations demanding greater autonomy, separate states and so on.

Sixth Schedule and Ethnicity in North-East:

The prolonged turmoil in the North-East is rooted in two causes; (a) the question of ethnic/cultural identity, which is perceived to be threatened by encroachment/infiltration by people of other ethnic/cultural groups from within and outside the region and the country; and (2) the persistence of economic backwardness.

Creation of smaller & ethnic states does not seem to have led towards elimination of either of these causes. In any case the viability of more new states in the region is extremely doubtful. The experiments with Autonomous District Councils have also not yielded the desired results. Such a step has so far not received the favour of either the ruling politicians or the agitation leaders demanding greater autonomy or separate states. But if the system is allowed to take root and function, one can expect better implementation of the area specific development programs and better management of local resources.

The problem of encroachment and infiltration will also he easier to handle with closer monitoring at the local level, a task that can he easily and legitimately taken up by the elected local bodies. Thus democratic decentralisation of power to the grassroots can lead to an ultimate solution to the twin problems of persistent
underdevelopment and ethno-cultural insecurity of the people of the region. It is therefore necessary to ensure through constitutional or other provisions that politicians are not able to prevent such a process of democratic decentralisation from setting in.
While the provisions like the Sixth Schedule and the PRIs require a thorough review, the existing federal arrangements and the power sharing demands new thinking. It is necessary to explore new dimensions of power sharing in the region which may address the long-standing demands of various ethnic groups to have genuine autonomy and self-rule. Should we hesitate in terms of asymmetrical federal arrangements with whatever modifications in the manner that it has been experimented in Quebec and Switzerland with success to quell bitter ethnic conflicts? And there can be no better time than this when negotiations are being held with the various rebel groups of the region.

Gram Panchayat Panchayat Samiti Zilla Parishad Total

Arunachal Pradesh 1747 150 15 1912

Assam 2489 203 20 2712

Manipur 166 0 4 170

Sikkim 159 0 4 163

Tripura 537 23 4 564

Sixth Schedule & Insurgency

While Sixth Schedule was incorporated in the Constitution to give Greater Autonomy to the Tribal Areas of the North-East to counter insurgency, the ADCs in Autonomous District Councils in Karbi Anglong district and North Cachar Hills district have been witnessing separatist movements in the last decade. This underlines the fact that Councils have not been able to fulfil the aspirations and address the grievances of the people of the area. Ceasefire agreements with the key insurgent groups have helped to reduce violence in the area.

Groups active in the two Autonomous Councils- United People’s Democratic Solidarity (UPDS), Dima Halim Daogah (DHD), and also Hmar People's Convention- Democracy.

Tripura too has been witnessing insurgency despite the formation of TTAADC. The two principal seccessionist groups in the state are National Liberation Front of Tripura (NLFT) and

All Tripura Tiger Force (ATTF), which mostly operate from their bases in Bangladesh. Peace Accords have been signed with two factions of the NLFT-- Montu Koloi and Nayanbasi Jamatiya and they have laid down arms last year.