APHLC asks KAAC to adhere to 6th Schedule for eviction

February 4, 2022 86 Views No Comment

February 4, 2022

Barely a week after Karbi Anglong Autonomous Council (KAAC) carried out the third phase of eviction at Block No.3, Balijan area along the Dimapur-Khatkhati border, the All Party Hills Leaders’ Conference (APHLC) said it was not against eviction of encroachers “anywhere in the three hills districts of Karbi Anglong (KA), West Karbi Anglong (WKA) and Dima Hasao (DH)” as governed under the 6th Schedule of the Indian constitution, but that those encroachers who are not scheduled tribes or tribe and who are unconstitutionally occupying lands meant for ST and other tribes, “must be evicted under Paragraph 20 of the Sixth Schedule.”

In a representation addressed to Chief Executive Member (CEM) KAAC, president of APHLC J.I. Kathar, IAS (Retd) and general secretary Sarkiri Rongphar stated, that APHLC opposes eviction of any tribes of Nagas or hill tribes from the three districts-KA,WKA and DH- without proper and prior rehabilitation in Karbi Anglong, if land sought to be freed, was not directly needed for welfare of the tribal people.

The signatories cited a Supreme Court order which cautioned against eviction of Scheduled tribe. In this, they cited Paragraph 20 of the 6th Schedule which clearly stated that KA and WKA districts “are tribal areas” and that the schedule did not say that these tribal areas belong to any particular hill tribes or tribe.

They further stated that APHLC did not agree in evicting encroachers on the basis of religion as the Sixth Schedule was for all STs belonging to any religion.

Claiming that many encroachers had already obtained land pattas, the signatories demanded that, instead of punishing the encroachers, exemplary punishment must be given to the revenue officers and staff, village headmen and other allegedly involved in helping encroachers purchase land and obtain pattas illegally.

APHLC further alleged that many non-tribal encroachers married tribal women to obtain land in Karbi Anglong and West Karbi Anglong in their wives’ names. APHLC has therefore, demanded that such practise of taking advantage of poor tribal women must not be allowed.

In the light of largest numbers of non-ST encroachers were in Uttar Borbil area in Howraghat, Kheroni area in Kopili, Vothatlangso, Dalimbari, Kolonga, Donka, Jengkha, Parkuppahar, Kothalguri, Kaziranga, Lokhoathoi, Dolamara areas and at Diphu town, APHLC has demanded that eviction must be carried out against non-STs first under Paragraph 20 of the Sixth Schedule.

APHLC said if only rules for elections under Paragraph 2, Sub-Paragraph 7 of the Sixth Schedule are given priority, this will peacefully solve the problem of encroachment as well.

APHLC therefore demanded that KAAC obey the Judgment of Gauhati High Court in PIL Case No.9/2017 and the Mini Constitution Sixth Schedule and make the Election Rules immediately.

Source: http://www.nagalandpost.com/aphlc-asks-kaac-to-adhere-to-6th-schedule-for-eviction/