Ukhrul, September: The Kuki Inpi Manipur (KIM) on Sunday urged the Governor to intervene for cancellation of the notification by the Land Resources Department on procedure for sale, purchase and registration of land within the state on September 18.
In a memorandum submitted to the Governor on Sunday, KIM stated that the September 18 notification issued by the Land Resources Department which outlines the procedure for sale, purchase, and registration of land throughout the state, raises serious concerns regarding its implications for the Hill Areas.
“The tribal people view this notification not merely as a bureaucratic update but as the state government’s unflagging pursuit to circumvent the existing laws to secure control over tribal land in the hill areas. This notification is a nefarious policy of the state government that will allow any individual or entity with valid documentation to acquire or purchase land anywhere within the state, seemingly ignoring the historical and legal protections that exist for the tribal hill areas. The law categorically says that land in the hill areas is traditionally reserved for the tribes, but the new guideline will facilitate encroachment by non-tribal individuals.
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KIM stated that the recent notification issued by the Land Resources Department has come as a “shocker” to tribal communities in the state. “Considering the majority community’s hunger and thirst for land of the Hill Areas indirectly being the cause for the flare up of the ongoing ethnic conflict, the latest development is perceived as yet another threat to the tribal people,” it stated.
KIM claimed that successive governments in the state have frequently attempted to introduce new legislations rather than adhering to existing laws that were designed to protect tribal land.
“This approach has always exacerbated tensions and created a cycle of conflict, as tribal groups perceive these actions as a direct threat to their identity and traditional land ownership. There is no denying the fact that the demand for Scheduled Tribe status which gained tacit support from the previous state government started with the underlying motive to encroach the lands traditionally held by hill tribal communities,” KIM stated.
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KIM, in its memorandum, cited the prevalence of dual land laws in Manipur stating that The Manipur Land Revenue & Land Reforms Act, 1960, which does not extend to the Hill Areas, applies to valley areas only. While in the hill tribal areas Article 371C of the Constitution of India takes precedence ensuring customary laws and traditional systems that govern land use and ownership, rather than the Manipur Land Revenue & Land Reforms Act, 1960.
Article 371C of the Constitution of India provides a special provision for separate administration of the hill tribal areas of Manipur through the constitution of the Hill Areas Committee. The Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 or the Presidential Order, 1972 vested the Hill Areas Committee scheduled matters including “allotment, occupation, or use or the setting apart of the land for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose”.
The Assam Land & Revenue Regulation (Amendment) Act, 1965 was extended to the state of Manipur when it gained statehood under section 2 of the Union Territories (Laws) Act, 1950 and is still in force. The land rights of the tribals in the state are further protected by the provisions of section 158 of the Manipur Land Revenue and Land Reforms Act, 1960 which prohibits any transfer of tribal land to non-tribal.
In spite of the existence of these laws that protect the hill tribal areas the Land Resources Department has the audacity to issue such a notification that is sure to aggravate the sentiment of the hill people, KIM stated.
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KIM also called upon the state to respect the autonomy granted to the Hill Areas Committee (HAC) while adhering to constitutional protocols.
“Needless to say, the recent action of the department, particularly the issuance of the notification without seeking approval from the Hill Areas Committee, raises serious legal and constitutional concerns. The HAC was established to ensure that the interests and rights of the hill communities are protected and that their voices are heard in governance. By bypassing this essential committee, the government undermines the Article 371C of the Constitution of India. Such unilateral decisions not only conflict with established laws but also erode trust between the government and the communities it serves. It is imperative for the state to adhere to constitutional protocols, engage in meaningful dialogue with the Hill Areas Committee, and respect the autonomy granted to the HAC,” it stated.
KIM appealed for the governor’s intervention for the cancellation of the notification and to prevent the state government from making a mockery of the Constitution of India. “Allowing such notifications to stand not only disrespect the legal framework of the country but also poses a threat to the integrity of the constitutional framework of India,” it added.