A MIS-STEP in the implementation of Order of the Manipur High Court in WP(C) No. 229 of 2023 dated 27th March 2023 could potentially drag the Naga tribes into the current conflict adversely affecting the idea of Manipur as a state. The deadline for implementation expires in the second half of March 2024. If the actions of the state government on the demand of Meitei community for inclusion in the list of STs of Manipur is interpreted as an existential crisis by the STs of Manipur (Nagas, Kuki-Zomi), then the possibility of a civil war between the tribals and non-tribals in Manipur cannot be ruled out. Further, another new dimension is the need to recover around 4000 missing guns and lakhs of ammunition from the Meitei civilians and rope in the Meitei insurgents in peace talks so that the guns with all insurgent groups i.e. Kuki-Zomi and Meiteis are surrendered under peace agreements at one time. Guns remaining with any community in Manipur cannot instill confidence in any of the tribes or community in view of the propensity witnessed in the current conflict to turn their guns against each other community.
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(1) Two newspaper reports seem to indicate that inclusion in the list of STs and SCs in various states across the country is based mainly on political considerations. The news is disturbing in the context of the demand by the Meitei community for inclusion in the list of STs of Manipur which needs to be viewed in the backdrop of Meiteis being the majority community in the state constituting 53% (2011 census) of the state’s population, control the legislature and government, more than 3% Meitei are SCs, more than 90% are OBCs and are enjoying benefits of reservation in government jobs and education seats. The STs of Manipur constitute 41% of the states population and are very upset and disturbed that the Meitei community would corner all ST reserved benefits in the state if a favourable proposal for inclusion of Meitei community in the list of ST of Manipur is sent to the Central government. What is feared by the STs of Manipur is that a favourable proposal would result in the Meitei community becoming ST in Manipur thereby enabling them to grab the tribal lands in the hill areas of Manipur by virtue of becoming one of the STs of Manipur. There is apprehension that the current conflict between the Meitei and Kuki-Zomi may engulf the Naga tribes when the matter for implementation of the Manipur High Court order in WP(C) No. 229 of 2023 dated 27th March 2023 draws nearer on expiry of the extended time period i.e. second half of March 2024. At this point in time the current conflict could get transformed into tribal versus non-tribal as the STs would be pushed against the wall and they will have to fight for their survival. There is no doubts that they will lose all government jobs and educational seats and their lands in the hills to the Meiteis who would become ST.
(2) The Hindu on 25th July 2023 reported that the government of India is introducing three bills in Parliament for giving Scheduled Tribe status to Paharis, Gadda Brahmins and Koli in the ST list of UT Kashmir. The report further stated that protest rallies by Gujjars and Bakerwals, who oppose the inclusion of upper caste Paharis in the ST list are gaining steam in J&K. They have threatened to hit the streets along with their cattle if the Centre fails to withdraw the Bills introduced in Parliament. Advocate Guftar Ahmed Chowdhary, a prominent Gujjar youth leader, told The Hindu that “Our struggle is to safe guard the Constitution. It’s a political fight to protect the rights of tribals, not only those in J&K but also those living across the country. The BJP’s move to include the upper caste Paharis is a grave provocation. You see what is happening in Manipur. The BJP is anti-tribal and intends to pit one community against another”. The news reports seem to indicate that the Gujjars and Bakerwals have understood the ongoing ethnic conflict in Manipur as a clash related to the proposal for inclusion of Meitei community in the list of STs in Manipur. In fact, the ongoing conflict was triggered by the Manipur High Court Order in WP(C) No. 229 of 2023 dated 27th March 2023 (became public only when uploaded on 19.04.2023 in the HC website) and the protest rally by ST students on 3rd May 2023 turned violent.
(3) The Indian Express newspaper on 25th July 2023 reported that a bill has been introduced in Parliament by the Ministry of Social Justice & Empowerment on 24th of July 2023 for inclusion of two communities in Chhattisgarh in the list of Scheduled Castes. It further stated that the Chhattisgarh government has proposed inclusion of ‘Mahar’ and ‘Mahari’ communities in the list of SCs which has been accepted by both the Registrar General of India (RGI) and the National Commission for Scheduled Castes. This piece of news showed part of the process in the government of India for consideration of proposals from the state government.
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(4) These two news are significant in respect of demand of Meitei community for inclusion in the list of STs for Manipur especially in the backdrop of the Manipur High Court order dated 27th March 2023 directing the first respondent (government of Manipur) to submit the recommendation within 4 weeks in reply to the letter No.1902005/2012- C&IM dated 29.5.2013 of the Ministry of Tribal Affairs, Government of India. The time period to act on the Orders of the High Court has been extended to one year as prayed for by the state government and it will expire around the last week of March 2024.
(5) In the context of the two letters from the Ministry of Tribal Affairs, Government of India mentioned in the court’s order namely, letter No.1902005/2012- C&IM dated 29.5.2013 and letter of even no. 31.5.2022, two important requirements for submitting proposal for inclusion in the list of STs were pointed out and they are:-
(i) for the government of Manipur to send specific recommendation along with the latest socio-economic survey and ethnographic report (Letter dated 29.5.2013), and
(ii) that the Scheduled Tribes (STs) are notified under Article 342 of the Constitution. Government of India had on 15.6.1999 (and further revised on 25.6.2002) approved modalities for determining claims for inclusion in and other modifications in list of STs. As per those modalities only proposals recommended and justified by the state Government concerned and agreed to by RGI as well as National Commission for Scheduled Tribe (NCST) are considered for amendment of legislation. All the actions are taken as per approved modalities. The recommendation of the concerned State Government is pre-requisite to process the case further (letter dated 31.5.2022).
(6) The Manipur High Court in WP(C) No. 229 of 2023 dated 27th March 2023 had directed the state government “to consider the case of the petitioners for inclusion of the Meetei/Meitei community in the Scheduled Tribe list …”
As advised by the Ministry of Tribal Affairs, the state government should carry out a socio-economic survey and ethnographic study. Government has to take care that the Terms of Reference is framed properly and assign the work to a third party having high credentials and impartiality from outside the state of Manipur upon whom both the Meitei community and current STs of Manipur have faith and confidence.
(7) There is a great fear and trepidation that when the matter for consideration of the proposal for inclusion of Meitei community in the list of ST is taken up by the state government, the Naga community may get dragged into the conflict as they along with the Kuki-Zomi tribes constitute the current STs of the state and may face an existential crisis if state government decides to send a favourable recommendation solely on political consideration. Both these tribal communities together constitute about 41% of the state’s total population while the Meitei constitute 53% and hence the colour of the disagreement could easily turn into tribals versus non-