Customary Rights and Legal Protections of Tribal Communities in Manipur

In Manipur, the tribal communities such as the Nagas, Kukis, and Zomis have constitutional and legal protections for their customary practices under various provisions.

1. Article 371C (Special Provision for Manipur Tribals)

• Establishes the Hill Areas Committee (HAC) in the Manipur Legislative Assembly, composed exclusively of MLAs from the tribal-dominated hill areas.
• The HAC has advisory powers on legislation affecting tribal customs, social practices, land laws, and development policies in the hill districts.
• Ensures that laws passed by the Manipur Assembly do not violate tribal traditions.

2. Protection of Tribal Land and Customary Law

• Manipur Land Revenue and Land Reforms Act, 1960 (MLR&LR Act)
• Prohibits non-tribals from acquiring land in tribal-dominated hill areas, protecting traditional land ownership patterns.
• However, this Act does not apply to the hill areas of Manipur, which means tribal customary land laws are still in force.
• Customary Law in Judiciary
• Tribal marriage, inheritance, and village administration are often governed by customary law rather than state legislation.
• Courts recognize and apply these customs unless they violate fundamental rights.

3. Manipur (Hill Areas) District Councils Act, 1971

• Establishes six Autonomous District Councils (ADCs) for tribal governance in the hill areas:
• Churachandpur, Ukhrul, Senapati, Tamenglong, Chandel, and Kangpokpi (Sadar Hills).
• ADCs have limited administrative and financial powers but do not have full legislative authority like Sixth Schedule councils in the Northeast.
• Many tribal groups demand the Sixth Schedule status to strengthen their autonomy and protection of customs.

4. Article 19(5) – Protection of Tribal Land and Identity

• The government can restrict the entry and settlement of non-tribals in tribal areas to protect traditional land ownership, customs, and socio-cultural identity.

5. Recognition of Tribal Customary Law

• Many tribal communities follow their own traditional governance systems, such as:
• Naga customary courts and village councils.
• Kuki-Zomi chiefs and village authorities, who oversee local administration and dispute resolution.
• The Manipur High Court has upheld several tribal customs, recognizing their legal validity in cases related to inheritance and marriage.

6. Demand for the Sixth Schedule in Manipur

• Tribal groups in Manipur, especially those in the All Tribal Students’ Union Manipur (ATSUM) and the United Naga Council (UNC), have repeatedly demanded the extension of the Sixth Schedule to Manipur’s hill districts.
• If granted, this would give the ADCs more legislative power to protect tribal customs, culture, and land rights.

Conclusion:

Manipur’s tribal communities have special constitutional protections under Article 371C, the Hill Areas Committee, the MLR&LR Act, and the ADC system, but they still seek stronger safeguards through Sixth Schedule status to ensure greater autonomy and protection of their customary practices.

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The Indian Constitution safeguards the customary practices of tribals primarily through the following provisions:

1. Article 13 (Laws inconsistent with or in derogation of Fundamental Rights)

• Clause (3)(a) recognizes “custom” as a source of law, meaning that customary practices, including those of tribals, can have legal standing unless they violate fundamental rights.

2. Article 19(5) (Protection of interests of Scheduled Tribes under Right to Freedom)

• While guaranteeing the freedom to reside and settle in any part of India (Article 19(1)(d) and (e)), the Constitution allows the state to impose reasonable restrictions to protect the interests of Scheduled Tribes, which can include preserving their customary practices.

3. Article 244 (Administration of Scheduled and Tribal Areas)

• This article provides for the Fifth Schedule (for Scheduled Areas and Tribes in most states) and the Sixth Schedule (for tribal areas in the Northeast), which allow the application of tribal customary laws in governance.

4. Article 371A (Special provision for Nagaland)

• States that no Act of Parliament affecting religious or social practices, customary law, administration of civil and criminal justice, and land ownership shall apply to Nagaland unless the state legislature decides otherwise.

5. Article 371G (Special provision for Mizoram)

• Similar to Article 371A, it protects Mizo customary laws and practices from being overridden by parliamentary legislation unless the Mizoram legislature agrees.

6. Fifth Schedule (Scheduled Areas and Tribes)

• Empowers Governors to regulate laws applicable to Scheduled Areas, considering tribal customs.
• Tribes Advisory Councils are established to advise on tribal welfare and protection of customs.

7. Sixth Schedule (Tribal Areas in Northeast)

• Grants autonomy to Autonomous District Councils (ADCs), allowing them to make laws on tribal customs, land tenure, marriage, and social practices.

8. Article 275 (Grants for tribal welfare)

• Provides financial support to tribal communities, indirectly helping in the preservation of their customs.

Thus, the Indian Constitution not only recognizes but also safeguards the customary practices of tribal communities through these provisions.

Compiled by:-
KHALVONTAWI MEDIA
--- Voice of the Voiceless ---

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