[Tribal District Council Elections] Changes For Granting Equal Rights To Women Should Be Endogenic, Not Imposed By Court: Meghalaya High Court

The Meghalaya High Court recently observed that changes such as granting equal rights to women in elections to local bodies governing tribal communities in the State would be better received if it comes from within the community rather than being imposed by a court order.

The observations to this effect came from a bench comprising Chief Justice Sanjib Banerjee and Justice W Diengdoh while hearing a plea in terms of which the petitioner sought equal rights for tribal women to participate in elections of such local bodies and to hold key posts in autonomous district councils.

In his plea the petitioner pointed out that some of the existing laws prohibit women from participating in the process and to offer their candidature in some key posts.

The Khasi Hill Autonomous District Council, submitted that there has been a "pleasant wind of change blowing across the society” and that women were interested in participating in the election process. But in several areas the women themselves are not keen in taking up responsible positions, though they are keen to participate in the election process, it added.

At the outset, the bench observed that it was a delicate matter since it involves customary laws as on one hand, the Sixth Schedule to the Constitution mandates that customary laws, practices and usages that have come down the years will prevail and that even matters of adjudication, except in case of heinous crimes and like exceptions, would be within the District Council fold in courts set up by the District Council.

At the same time, notwithstanding the provisions of the Sixth Schedule to the Constitution being an exception to the general drift of the suprema lex, the basic rights that have been carved out for Indian citizens in the Constitution would not, so to say, remain suspended by the operation of the Sixth Schedule, the court added.

In view of these delicate aspects the Court left it to the elders of the council to take a call on the matter along with the hope that the elders are guided by the strides in development taken by the State in the recent times.

However the court in the same breath added that gender equality, is a key facet of Part III (fundamental rights) of the Constitution of India and the rights conferred under this part “inhere in every Indian citizen and are well-nigh inalienable.”

The Court further noted that the tribal communities in Meghalaya cannot be said to be living in the past century and their integration into mainstream society appears complete, with even FMCG (fast-moving consumer goods) penetration, internet and mobile networks being found in such areas, just like anywhere else in the country.

"On the more optimistic side, the tribal population in the State does not appear to be living in the past centuries and, though the State lacks in education and healthcare facilities, inhabitants in the State cannot be regarded as primitive any longer," the Court said.

Observing that a change of the kind that the petitioner seeks is better received when it comes from within rather than being imposed, the court went on to add that there is no doubt that the elders of the Council will be guided by the rapid strides towards development that this State has taken in recent times and organise a society that is in keeping with progress, development and prosperity.

Pointing out to the next district council elections, scheduled to be held in the year 2024, the bench urged the new body to look into undesirable aspects of the old customs that remain, particularly those that are not inclusive or are gender prejudicial.

The bench disposed of the matter after expressing hope that the changes desired by the petitioner will come sooner rather than later and in due course from within the community, rather than being dictated from elsewhere.

Case Title: Aneeta Synrem vs State of Meghalaya.

Citation: 2023 LiveLaw (Meg) 13

Click Here To Read/Download Order