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Sixth Schedule in Northeast India: Amendments and implementation

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The creation of the autonomous State of Meghalaya with effect from 2nd April 1970 provided the first occasion of an amendment. The Fourth Schedule of the Assam Reorganization (Meghalaya) Act, 1969 bestowed more power to the autonomous regions and states created under the Sixth Schedule of the Indian Constitution. This Schedule deals with the administration of tribal areas in Assam, Meghalaya and the Union Territories of Mizoram (Hansaria, 1983). The North East Areas (Reorganization) Act, 1971 transferred the United Khasi-Jaintia Hills District and the Garo Hills District to the state of Meghalaya. 108 When Khasi-Jaintia Hills District and the Garo Hills District acquired the status of a separate state, North Cachar and Mikir Hills decided to stay with Assam because they were

108 See, North-Eastern Areas (Reorganization) Act, 1971.

also demanding a separate state for the two hill districts. Their demand for a separate state was not successful after the formation of the state of Meghalaya. Therefore, in 1985 People’s Democratic Front (PDF) was formed in Karbi Anglong (earlier known as Mikir Hills). In 1987 PDF was renamed as the Autonomous State Demand Committee (ASDC).

ASDC demanded more autonomy for the two hill districts and to form an autonomous state as a ‘state within the state’.109 Various students’ organizations including Karbi Students’

Association (KSA) and Dimasa Students’ Unions (DSU) joined hands with ASDC to demand an autonomous state under the provision of 244 (A) of Indian Constitution. During this movement, ASDC organized themselves as a strong political party in both the hill districts.

Similarly, in the 1960s there were demands for a separate state of Mizoland under the Mizo National Front (MNF). When Meghalaya got statehood, MNF used violence in the Lushai hills and mobilized people for decentralized institutions. Union Territory of Mizoram was created which comprised of the former Lushai Hills district. Mizoram District Council Order, 1972 came into effect on 29th April 1972 included Chakma District, the Lakher District and the Pawi District.110 The Sixth Schedule was also amended by the Constitution (Twenty-Second) Amendment Act, 1969 which inserted Article 244A, 275 (IA) and 371B by section 2, 3 and 4 respectively.

Apart from Assam and Mizoram, Tripura also achieved its autonomous structure as the Tripura Tribal Areas Autonomous District Council (TTAADC) to administer the tribal areas within the state by the TTAADC Act 1979. The council came into effect on 18th

109 Interview conducted in Karbi Anglong and Dima Hasao between October and December, 2013 as a Research Assistant under the project Challenges of Building Capacities in Conflict Situations in Eastern India, IIT Guwahati, December 2011- December 2013.

110 See, Mizoram District Council’s (Miscellaneous Provisions) Order, 1972.

January 1982 under the Seventh Schedule of the Constitution of India. Later, it was incorporated into the Sixth Schedule to the Constitution of India under the Constitution (Forty-Ninth amendment) Act, 1984 after a resolution was passed by the Tripura Legislative Assembly on March 19, 1982 and February 11, 1983. The Government of India was requested to provide Sixth Schedule as far the Constitution of Indi to certain areas in Tripura.111 Accordingly, the Sixth Schedule to the Constitution of India was extended to TTAADC from 1st April 1985 providing more power and responsibilities. In Assam, Karbi and Dimasa areas got their own District Councils which came into existence in 1952. North Cachar Hill District Council came into effect on 29th April 1952 and the Mikir Hills District Council on 23rd June 1952. In 1976, North Cachar and Mikir Hills were separated and Mikir Hill district was later known as Karbi Anglong in 1976. In the 1990s due to protests of different organizations Karbi Anglong district was renamed as Karbi Anglong Autonomous Council by incorporating greater autonomy under the Sixth Schedule to the Constitution (Amendment) Act, 1995. The local elites sought for autonomy/political decentralization for electoral incentives in these councils. The local elites tried to create platforms to contest the elections in the decentralized regions if they were granted the territorial autonomy. For instance, the Karbi ethnic leaders mobilized people to demand a separate state for the Karbi community. The Dima Hasao also followed the same trend. Dima Hasao, which was earlier known as the North Cachar Hills District also got more autonomy (political decentralization) by the amendment of the Constitution. But, the violent movement in NC Hills continued after 1995 which was led by different insurgent groups like United People’s Democratic Solidarity (UPDS), Dima Halim Daoga (DHD) for Karbiland and Dimasaland respectively.

111 See, Statement of Objects and Reasons appended to the Constitution (Fifty-first Amendment) Bill, 1984 which was enacted as the Constitution (Forty-ninth Amendment) Act, 1984.

In 2003, North Cachar witnessed violence for the demand of Dimasaland which was carried out by a newly formed extremist group known as Black Widow. In 2009 DHD-Jewel group (Bland Widow) surrendered and came to a ceasefire and in 2012 an agreement was signed between the state government, central government and two DHD groups.112 In Karbi Anglong, Karbi Langri North Cachar Hills Liberation Front (KLNLF) and Karbi Peoples Liberation Tigers (KPLT) were active in the armed movement. Karbi students’

organizations resumed their movement in 1995 when the National Democratic Alliance (NDA) formed Jharkhand, Uttarakhand and Chattisgarh as separate states in India in 2000.

Most recently in 2013, when Congress government agreed to form Telangana, the Karbi organizations mobilized once again under the banner of the ‘July Revolution’ in demand for separate state for the Karbi people. Joint Action Committee for Autonomous State (JACAS) led the movement for the demand of an autonomous state under the constitutional provision of 244 (A).113

Though Sixth Schedule was implemented, there are criticisms about the implementation of the schedule. Critics (few members of Constituent Assembly) argued that policies of the British are a part of legacy and creates separation in the minds of tribal leaders. Critics like Misra and Mangattuthazhe also argue that the Sixth Schedule remained a myth because the autonomous regions are very much dependent on the state governments.

The powers granted to the autonomous councils are not sufficient to have self-determination because councils have to depend on the state government for funds (Misra, 2012;

Mangattuthazhe, 2008). Therefore, the autonomous councils are still demanding separation

112 Interviews conducted in Karbi Anglong and Dima Hasao between October and December, 2013 as a Research Assistant under the project Challenges of Building Capacities in Conflict Situations in Eastern India, IIT Guwahati, December 2011- December 2013.

113 ibid

of their territories. Different demands and counter demands by other communities led to conflict among communities which may have led to ethnic violence in the Sixth Schedule areas of Assam. The failure to faithfully devolve and implement powers to the autonomous councils is often reason for continued political violence in Sixth Schedule areas as argued by Misra. The failed attempts in Assam to construct a civil identity/civil sub-nationalism cutting across ethnicities also might have contributed to ethnic violence in Assam. The regional student organization (AASU) and revolutionary group of Assam (ULFA) tried to build a composite identity of the Assamese population as a whole and wanted to have separation from mainland India (Saikia, 2015). The initiatives actually failed after the Assam Movement (signing of Assam Accord and difference emerged among different ethnic communities) which may also be a contributing factor for ethnic violence.

To summarize this part, the process of political decentralization was implemented to accommodate ethnic tribes and to reduce feeling of ethnic separatism in Northeast India.

But, political decentralization failed to reduce separatism in the decentralized areas under the Sixth Schedule areas of Assam and other parts of the Northeast. Granting of political decentralization created political spaces for electoral incentives for the political elites of the decentralized regions which created the grounds for conflict and violence in these regions.

The political elites claim that they will continue to demand for separate homelands for their particular ethnic identities in the decentralized regions. As a result, conflict and contestation continues. Other minority ethnic groups in these decentralized regions also demand their rights for separate territorial spaces which further leads to ethnic tensions and violence in the territorially decentralized regions of Northeast India. In 2003 the Government of India made amendments to the Constitution of India and included the plain areas of tribal people in

Assam within the ambit of the Sixth Schedule. The Sixth Schedule was implemented to grant territorial space and to accommodate the aggrieved Bodos in Assam. What has been the impact of these amendments on the inter-group relations and ethnic mobilization of Bodos, need further discussion. The next section discusses the implementation of Sixth Schedule in the plain areas of Assam, particularly in the Bodo areas.

Political decentralization and implementation of Sixth Schedule in plains

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