Ngaranmi Shimray
New Delhi
The Nagas and the other tribes of Manipur should know their vulnerability in terms of their constitutional standing.
Read Article 371-C and the Presidential Order dated 20th June 1972. There is no mention of the words “tribe”, “tribal area” or “Scheduled tribes” at all. It only mentions “hill areas”.
Read the provisions of the Sixth Schedule given to other tribes in 4 northeastern states. It mentions “Scheduled Tribes” and “tribal areas” and gives their autonomous district councils legislative powers to make laws and administer tribal customary practices relating to land, local resources, forest, etc. This is why the Khasis, Jaintias, and Garos, who are the predominant people living with a few non-tribal people, have protection from alienation of tribal lands which is a legacy of undivided Assam under the dominant Assamese. The tribal areas in Assam, Mizoram and Tripura deserve Sixth Schedule safeguards as they have dominant communities in their state namely Assamese, Mizos and Bengalis respectively. The Nagas of Nagaland being a total tribal state of Nagas has special provisions under Article 371-A and Mizoram under Article 371-G for the Mizo tribe. “Hill Areas” in Manipur is the only state still under statutory autonomous district councils of the state after the Bodos and the Tripura tribes, who were under statutory autonomous district councils of their respective states, have now been included under the Sixth Schedule after violent movements.
Even in the Fifth Schedule states, the tribes are referred to as “Scheduled Tribes”, land as “scheduled areas”, and Tribal Advisory Councils are given. There are clear references to the people in both the Fifth Schedule and Sixth Schedule as “scheduled tribe” and area as “tribal areas” and “scheduled areas” in the Sixth Schedule and Fifth Schedule, respectively. In respect of Manipur, the reference in the Presidential Order dated 20th June 1972 to land is “Hill Areas” and to people is “people of the Hill Areas”. The order has not used the words “Scheduled Tribe” or “tribe” or referred to the land as “tribal areas”. The lack of usage of “scheduled tribe”, “tribe” and “tribal areas” distinguishes Manipur tribes from the rest of the Northeast.
It may be argued that the tribes in “hill areas” of Manipur are still scheduled tribes as we hold ST certificates. That is true, but when it comes to interpretation of Constitutional provisions, such nuances of being “scheduled tribes” under “tribal areas” will make a difference. For instance, “hill areas” does not differentiate the Meiteis from “the people of the hill areas”. If the Meiteis start occupying “hill areas”, they could claim to be “the people of the hill areas” and herein lies the problem. This is why the “hill areas” of Manipur should be given “Sixth Schedule” to be referred to as “scheduled tribes” living in “tribal areas”.
Realising these facts, leaders of Ladakh want their lands and people to be referred to as “scheduled tribes” living in “tribal areas,” which gives them constitutional safeguards and protection under the “Sixth Schedule”.
The Nagas and other tribes of Manipur should realise their vulnerability to the hegemonic designs of the Meitei community, who are after tribal lands in “Hill Areas” and want ST status for that reason. They have money, political power, population, and a willing government at the centre which sympathises with them. This is a dangerous combination. One of the outcomes of this combination is suspected to be the alleged manipulative manner of the state government securing a favourable order in the ST demand writ from the Manipur High Court through omission and casual attitude. It’s a different matter that the shortcut for ST status through litigation failed, but the lesson to be learnt by the tribes is that the tribal politicians are weak.
Four tribal ministers did not oppose the idea of not submitting the state government’s response to the writ petition - and one of them is the tribal affairs & hill areas minister! Or were kept in the dark resulting in the government advocates (centre and state) not saying anything and consenting to passing orders and the oral order on 27th March became public only when it was hosted on the website of the court on 19th April 2023. The entire episode points to the level of cooperation of Meitei petitioners, advocates and state government to collaborate in secrecy for more than 23 days without a single tribal lawyer or legal personality getting a hint of what was happening in court. Such lack of transparency and fair play with manipulative intent is disturbing and does not portend well for the future.
Further, there was the proposal for redrawing the district boundaries for administrative convenience, aimed at bringing some tracts of “hill areas” into the valley districts, in total disregard to the fact that “hill areas” are protected under Article 371-C. This seems to indicate the hegemonic intent of the dominant community who controls the state government.
Again, there was a Union Minister of State from the Meitei community who wrote to the PM proposing to have the safeguards given to “hill areas” under Article 371-C to be diluted. Further, there is always the threat of extension of the MLR&LR Act of 1960 to “hill areas” by sheer brute majoritarianism. These facts clearly indicate how, through various approaches, the dominant community, who controls the state government, is hell-bent on supporting some organisation to steamroll the tribes and take possession of tribal lands in “hill areas” through various means and tactics. One tactic seems to be working i.e. the “divide and rule policy” which has successfully kept the two biggest tribal groups of Manipur on each other’s throats and disunited.
Another danger is the prolonged banishment of the Zo (Chin, Kuki, Mizo) ethnic group from Imphal. It is more than two years and five months now, and the effects of their absence in government functioning are being felt under the President’s rule. The Zo (Chin, Kuki, Mizo) ethnic group represents more than half of the ST reservation share of 31% in the state secretariat, and now the tribal presence has been reduced to less than half the earlier strength. The notification dated 18th September 2025 issued by the Land Resources department without excluding the tribal lands in “hill areas” and carried out without consulting the Hill Areas Committee as provided under Article 371-C read with Presidential order dated 20th June 1972 appears to be an outcome of a lack of cross-examination and consideration with the tribal government functionaries and legislators who are aware of their rights. The order imposing President’s rule does not suspend Article 371-C, making it possible for the HAC to be consulted. The notification does not contain anything of the tearing urgency that it could not have waited for a popular government to take such a decision or delayed it for a few days to have more clarity about the status of the HAC. This notification is violative of the Constitution and is seen as an assault on the “tribal rights”.
Unfortunately, the tribes are too poor and disunited to fight the issue politically or in court. Most of the tribal leadership is alleged to have become puppets of the dominant people. If such assaults on tribal rights continue, the tribes should immediately become alert to the danger of a systematic attempt taking place to test the ability of the tribes to unitedly fight for their tribal rights.
There is a larger problem that will get triggered when the census 2027 population figures get notified, as the population growth of tribals in Manipur is higher than Meiteis in all past censuses, given their backwardness and the failure of the family planning programme in hill areas. The census 2027 population figures will be the basis for the delimitation exercise slated for 2028-29 to determine proportionate representation in parliament and assembly. If the proportionate representation formula is continued unchanged, there is a high possibility that the scheduled tribe representation in “hill areas” will increase and narrow down the margin of majority between the tribes and Meiteis. Well, the dominant community should not wait for this outcome, as the census would be taking place after a gap of 15 years, and no one can tell what figures it will throw up. Anything can happen.
The future of Manipur could be decided by the delimitation outcome. If the numbers are unfavourable or too close for comfort for the Meitei community, they may urge the tribes to separate from the state as they can never condescend to tribes controlling the state government. All hell could break loose as the dominant community starts feeling shifting sand. The tribes should be prepared to counter various moves of the dominant community in court, etc., which they have been doing since the 2001 census. This developing scenario demands that the tribes stay together, united against their adversary.
The Manipur tribes need to understand, as the Ladakhis have already understood, the importance of having the Sixth Schedule extended to secure constitutional protection and safeguards of “scheduled tribes” and “tribal areas”. Like all tribes in the four north-eastern states, Manipur tribes in “hill areas” are completely tribal areas with above 90% concentration of tribal population following customary and traditional practises relating to land, forests, land resources, etc., and deserve to be given the same treatment as the tribes in the four north-eastern states.
The Imphal valley has constitutionally guaranteed local self-government. The hill areas want the same treatment and should be given their tribal rights under the Sixth Schedule.
Why should the tribes shy away from asking for the Sixth Schedule? Is it too small a matter to fight for? Or is it because it comes in the way of separate administration or Framework Agreement?
Look at Meghalaya— the entire state is under the Sixth Schedule and is also a state! Ladakhis are asking for a state and also the Sixth Schedule. They know the importance of the Sixth Schedule as Article 244(2) along with Article 244-A gives the best combination of powers and tribal rights under the Constitution.
The tribes of Manipur can get a state later on or demand one if they think the time has come to separate. However, right now, they should claim their tribal rights under the Constitution or face the danger of losing land to the Meitei dominant community who are trying their best to become ST and hill people to encroach into the “hill areas”. The reality is, they have a monetary, administrative, legislative, and majoritarian advantage to carry out their threats.
Manipur tribes should realise that a constitutionally protected autonomous district/territorial council is urgently needed for them to protect their lands from the dominant community, even if they want a separate administration, or they should get Nagaland (Article 371-A) or Mizoram (Article 371-G) type of constitutional provision.
The Centre should know that while the Imphal valley enjoys a constitutionally guaranteed panchayat raj system of local self-government, the hill areas are given a statutory district council of the state legislature, and Manipur is the only state in the entire country with a statutory autonomous district council still existing for tribes living in “hill areas”.
The Bodos and Tripuri tribes achieved their demand for constitutional protection under the Sixth Schedule through a series of violent movements. The demand for the Sixth Schedule by Ladakhis was peaceful but turned violent. Manipur tribes would prefer a reasoned and considered approach to get what they want. The issue is about common purpose and unity. The lack of these two things should not continue, as it is detrimental to the interest of the tribes, giving the dominant community an excellent opportunity to play their divide-and-rule game with the two tribal groups.
Apart from this, the tribes should demand systemic changes in governance for hill areas to ensure equity in developmental resource distribution, special projects for hill areas, locations of institutions and major infrastructures (through proper working of Hill Areas Committee), political power sharing in ministerial berths and major portfolios (through political negotiations).
Tribes! The people are suffering.
Bury the hatchet, feeling of hatred, vengeance, and anger. Forget the past. Think of the future of your children. Unity and solidarity are the need of the hour for the tribes to free themselves from the shackles of domination by the Meitei community.
