Guwahati: Former MLA and former Chief Executive Member of the North Cachar Hills Autonomous Council (NCHAC) Samarjit Haflongbar has submitted a representation to Assam Chief Minister Himanta Biswa Sarma, seeking a review of the proposed recognition of Karbi people living in the plain districts of Assam under the Scheduled Tribe (Hills) [ST(H)] category.
Haflongbar said the proposal has constitutional, demographic and reservation-related implications for the existing ST(H) population of the Sixth Schedule hill districts.
“My representation is based on the principle that the legitimate rights and aspirations of every indigenous tribal community must be protected, while the existing constitutional and reservation rights of the tribal population of the Sixth Schedule hill districts must not be diluted,” Haflongbar said in a statement.
Haflongbar said Assam has historically maintained a distinction between Scheduled Tribe (Plains) [ST(P)] and Scheduled Tribe (Hills) [ST(H)]. He said ST(H) has a particular connection with the tribal population of the Sixth Schedule autonomous hill districts.
Following the reorganisation of the Northeast, Dima Hasao and Karbi Anglong remain the principal Sixth Schedule hill areas of Assam, he said.
“I have made it clear that I am not opposed to the Karbi people living in the plain districts of Assam. Their legitimate constitutional rights, development and welfare must be addressed. However, if a large population residing in the plain districts is brought within the ST(H) reservation pool, the impact on the existing ST(H) population of Dima Hasao and Karbi Anglong must be carefully examined,” Haflongbar also said.
“The issue of ST(H) cannot be treated as the concern of the Karbi Anglong Autonomous Council alone,” Haflongbar said.
He urged the Karbi Anglong Autonomous Council (KAAC) and NCHAC to deliberate jointly on the proposal before any final decision is taken.
“Any substantial change in the composition of ST(H) directly affects the educational and employment opportunities of the tribal population of both Sixth Schedule Autonomous Councils. Therefore, I have urged the Hon’ble Chief Minister to ensure that the Karbi Anglong Autonomous Council and North Cachar Hills Autonomous Council deliberate jointly on this important matter before any final decision is taken,” he also said.
Haflongbar also called for a review of the existing 5% ST(H) reservation if the beneficiary population is substantially increased.
“The present ST(H) reservation in Assam is 5%. The existing ST(H) population is estimated to be approximately 5.5 to 6.3 lakh, while the population of Karbis residing in the plain districts proposed to be brought under ST(H) has been estimated at around 4 lakh,” Haflongbar said.
“If such a substantial population is added to the existing ST(H) pool without increasing the reservation percentage, the competition for the existing 5% reservation in education and Government employment would increase considerably,” he further said.
“Therefore, if the Government decides to substantially expand the ST(H) beneficiary population, I have urged that the Government should simultaneously undertake a population-based review and consider enhancement of ST(H) reservation from 5% to 10%, subject to constitutional and legal provisions,” Haflongbar said.
He also referred to the constitutional provisions governing the Scheduled Tribe list.
“I have also emphasised that the Scheduled Tribe list is governed by the Constitution of India and Article 342, and any alteration must follow the prescribed constitutional and legislative procedure,” Haflongbar further said.
“An Autonomous Council should not be considered to have unilateral authority to alter the constitutional Scheduled Tribe list. Any such proposal must be examined and processed by the competent constitutional authorities,” the former MLA said.
Haflongbar urged the Chief Minister to subject the proposed inclusion of plain-district Karbis under ST(H) to a comprehensive constitutional, legal and demographic examination.
He also sought a joint consultation between the KAAC and NCHAC on the issue. He urged the Chief Minister to protect the existing educational and employment opportunities of the ST(H) population of Dima Hasao and Karbi Anglong and make the demographic data and constitutional basis of the proposal transparent.
“If the ST(H) population is substantially increased, enhance ST(H) reservation from 5% to 10%, subject to constitutional and legal requirements,” he said.
Haflongbar also urged CM Sarma to ensure that no decision affecting both Sixth Schedule Autonomous Councils is taken by one Council alone.
“I reiterate that this is not a question of opposing one tribal community against another. It is a question of ensuring constitutional justice, equitable reservation and protection of the legitimate rights of the existing ST(H) population,” Haflongbar said.
“The aspirations of the Karbi people residing in the plains should be addressed positively, but such an arrangement should not adversely affect the constitutional and reservation rights of the indigenous tribal population of the Sixth Schedule hill districts,” Haflongbar said.
“I hope the Chief Minister will consider this sensitive issue with due seriousness and initiate a joint, transparent and constitutionally sound consultation process involving both Autonomous Councils,” he added.
