Shillong, Jan. 13: Meghalaya High Court today asked the state government to bring a suitable and comprehensive legislation to settle controversies over the powers of rangbah shnong (headman) as there was no uniformity in respect of customary laws, practices and usage as well as the provisions of law enacted by the autonomous district councils in the state.

This ruling was made by a bench of Chief Justice Uma Nath Singh and Justice T.N.K. Singh in connection with a petition (WA No. 2 of 2015) filed by the Khasi Hills Autonomous District Council, where it had challenged an interim order passed by Justice S.R. Sen on December 10, 2014.

The order questioned the powers of headmen, after adjudicating a writ petition filed by eight residents of different villages of East Jaintia Hills district who had sought protection of their fundamental rights after they were allegedly excommunicated by the Pamrakmai dorbar (village council) and village defence party from their homes. The residents were allegedly excommunicated from their village since they had married non-tribals.

In a 30-page judgment and order, the court imposed a fine of Rs 2 lakh on a police officer, an additional district magistrate of East Jaintia Hills district as well as headman and members of the village defence party of Pamrakmai village as compensation to the victims.

"Local police and the additional district magistrate or any other executive or judicial authority, should have, without caring for the orders of the local headman or members of the village defence party, protected the fundamental and legal rights of the victims," the court stated.

"Therefore, for avoiding the kind of dispute that has arisen in this case on account of inter-religion or inter-tribe marriages, it is worth directing the state government to ensure that all the marriages are compulsorily registered so that there would be nothing for any outside agency to interfere with inter-religion nuptial relationships," the court noted.

The court also noted that the traditional institution of headman is an important tool of governance at the grassroots in the tribal system of democracy, which has existed since long.

At the same time, the court said that there should be some common qualifications and eligibility criteria for contesting election to the office of headman, as well as regarding the term of office, remuneration to be paid for performing the duties and the nature of duties connected with the office headman.

The court also recommended that the office of headman should be brought within the purview of the provisions of the Right to Information Act since "this institution acts as a tool of governance at the grassroots level and is also being assigned an important role in implementing various programmesand schemes of the central government as well as the state."?

On the election of headman, the court said that all sections of society, eligible voters, whether tribal or non-tribal, Christian or non-Christian, irrespective of their caste, creed, culture and religion, should be encouraged and allowed to cast their votes.

"Moreover, universal franchise by way of participation of people across all sections of society in the election of headman, an useful tool of governance at the grassroots level of democracy, can also make the institution more respectable and acceptable, and it can legitimately command the cooperation of all the residents of the village and tribe in the performance of duties by the incumbent of the office," the judgment said.

Further, the court has asked the state government to ensure that no person with anti-national and criminal background is allowed to contest the election and the qualifications and eligibility criteria should be as provided under the Representation of the People Act, 1951 and other statutes in the case of candidates contesting the election for the post of headman.

Apart from certificates issued by a headman, the court also directed the Union cabinet secretary and Meghalaya chief secretary to issue necessary directions to the authorities concerned that voter's card, bank account passbook, ration card or telephone bill or similar other utility bills and documents should be treated as "sufficient proof" of residence.

The court said that such documents should be accepted without further queries and warned of punishment for commission or omission, if any, for violation of such directives.

"We have single citizenship but it appears that still there are some unfortunate few who are treated as second class or third class citizens in their country even though we claim to be a socialist, secular, democratic republic," the court observed.

The court also observed that the certificates were issued by the rangbah shnong (headman) only to facilitate its inhabitants in enjoying their rights but it is an unwritten procedure adopted by the society, the government and the autonomous district council.

Moreover, the court pointed out that the provisions of the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 do not specify any uniform eligibility qualification for a person to hold the office of headman which has been left to the chief and his durbar to determine.

"The Act also does not prescribe the exact duties they are supposed to do and also about the remuneration they should be paid by the autonomous district council or the state government for performing the duties, but that, nevertheless, we cannot gainsay that the headman has been traditionally performing certain executive and judicial functions," the court said.

Disposing of the petition with these directions and observations, the court said that till a suitable legislation or an ordinance during the pendency of the bill is brought by the state government, the directions passed shall remain in force.