KHASI HILLS AUTONOMOUS DISTRICT COUNCIL Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) The brief facts leading to filing of this writ appeal are that, the writ petitioners who claim to be bonafide citizens of India belong to Pnar Community, a recognised Scheduled Tribe in East Jaintia Hills of the State of Meghalaya. They are all permanent residents of Pamrakmai village, East Jaintia Hills District. They are born, brought up and are also permanent residents of that village. They are also registered as voters of 2 -Rymbai Assembly Constituency of Pamrakmai village. However, writ petitioner No. 3, Smti Dakahi Dkhar could not get herself registered in voter list. Writ petitioners No. 1 to 4, namely, (1) Shri Archi Siangshai, (2) Smti Lucky Dkhar, (3) Smti Dakahi Dkhar and (4) Smti Wanlang Dkhar, are Christian by faith belonging to Presbyterian denomination and writ petitioners No. 5 to 8, namely, Smti Rita Dkhar, (6) Smti Bailang Siangshai, (7) Smti Ripaya Siangshai and (8) Smti Sida Siangshai, are by faith belong to indigenous religion (Niam chnong). It appears that having come to marriageable age, they entered into marital tie with non -tribal (dkhar) and settle in their families. They live and stay as such along with their children. It is their grievance that ever since they are married to non -tribal husbands/wives they have been deprived of their rights to live and stay peacefully with their parental families and they are subjected to all kinds of harassments by the Village Dorbar and have to live constantly under the threat of forceful eviction from the village along with their families. Finally, the Village Dorbar forcefully evicted and excommunicated writ petitioners from their respective homes. They were compelled to move out of that place and they were made to stay in outskirts of the village which is a forest, in a temporary shed. It appears that they were working as small labourers in coal mines in the nearby villages. With the closure of the coal mine, they had no option but to find out alternative place of residence in search of petty jobs in order to earn their livelihood. The writ petitioner No. 1 along with his wife and children, took shelter in a house at Wapungskul and writ petitioners No. 2, 3, 5 and 8 at Mukhep village, whereas, writ petitioner No. 4 and 6 took resort in a house at Lumshohksih near Sohkumphor at the mercies of some friends as they could not take any house for want of certificate or other authorization from the village of Pamrakmai village. As per practice in Jaintia Hills District, if a person moves from one village to another for the purpose of taking a house at rent or to get employment, he is required to produce certificate of residence from the village of permanent residence. The Village Dorbar Pamrakmai declined to issue residential certificate to the respondents and, as a result, they were not able to get their accommodation or a regular employment at the place where they were staying having shifted after closure of the coal mines. The writ petitioners claimed that they are poor and fall in the BPL category. However, in the absence of requisite residential certificates, they were deprived of the entitlement of facilities made available by the Government for the BPL category, nor were they allowed to stay at the permanent residence or at the place of temporary stay.

(2.) The writ petitioners are not only deprived of their fundamental rights to live and stay at the place of their birth where they were brought up but were prohibited from entering into the village insomuch so that their rights to visit their families even at the time of sickness and death were also denied. They were not issued any show cause notices by the Village Dorbar as to on what ground and for what reason they were forcefully driven away from their homes and village and deprived of their rights to live as well as personal liberty. They were only verbally told by Dorbar Chnong Pamrakmai village and the member of Village Defence Party that since they have entered into marriage with non -tribals, they have no right to live and stay in the village. It is alleged by the respondents that the acts of Village Dorbar are illegal, arbitrary and in gross violation of their fundamental rights to live and settle at the place within the territory of India.

(3.) Shri Archi Siangshai -writ petitioner No. 1 was duly elected as Headman on 20.08.2012 and confirmed by the Dolloi and recognised by the JHADC for a period of three years from the day of his election vide letter No. JHADC/POL/34/1994/17 dated 25.09.2012. However, within a short span of time from the election, he was put to trouble by the VDP and the Dorbar on one pretext or the other, particularly, on the ground that he has entered into a marital tie with a non -tribal woman. The VDP even its meeting held on 21.12.2013 directed writ petitioner No. 1 to vacate the office of Headman. Accordingly, he was forced to resign. The VDP have satisfied with the resignation and also prohibited writ petitioner No. 1 from staying or entering the jurisdiction of the village.