Assembly adopts resolution to include Arunachal under Sixth Schedule

ITANAGAR: The Arunachal Pradesh Assembly on Thursday resolved to persuade the Centre for inclusion of the frontier State under the Sixth Schedule of the Constitution to protect the rights of its indigenous population.

Home Minister Bamang Felix moved the resolution – "The legislative assembly resolves that the State of Arunachal Pradesh be included in the 6th Schedule of the Constitution to protect the tribal rights of the indigenous people."

Felix added, "The Assembly further resolves that the special provision with respect to the State be further strengthen by amending Article 371 (H) by inserting provisions for protection of religious or social practices of the tribes of the State, customary law and procedure of the State's tribes, administration of civil and criminal justice involving decisions according to customary law of the tribes and ownership and transfer of land and its resources."

Members of the House cutting across party lines, while supporting the resolution expressed that the Centre should be pursued for inclusion of the State under the Sixth Schedule and to amend Article 371 (H) to safeguard tribal rights. Chief Minister Pema Khandu taking part in the discussion said that Arunachal with many tribes has not adequate laws to protect tribal rights. "We have no laws to protect our tribal rights and customary laws. It is time we need to act strongly for safeguarding our rights," he said.

The Chief Minister added that most of the CBOs during the consultative committee meeting expressed that the Sixth Schedule should be implemented on pan Arunachal basis.

"We will place the resolution before the Centre explaining all the views expressed by the MLAs and the CBOs so that it can be taken up for discussion in both the houses of the Parliament," Khandu said adding, it would take time as various technical formalities need to be observed.

"The journey is very tough which began today," the Chief Minister said.

Taking part in the discussion Deputy Chief Minister Mein, while giving a chronology of developments Arunachal witnessed since frontier tract days, North East Frontier Agency (NEFA) to statehood, informed that there is no act to protect the state's people even as the BEFR and Chin Hill Regulation are in force.

"Article 371 (H) does not grant tribal rights for the people of Arunachal hence there is urgent need to amend it," Mein said adding, Nagaland and Mizoram come under the purview of Article 371 (A) and (G) which, provides adequate provisions for protection of tribal rights.

Earlier, moving the resolution Felix informed the House that the State are not constitutionally protected by any laws as it is under the Fifth Schedule of the Constitution that does not provide special rights for the indigenous communities unlike the Sixth Schedule.

"The Statehood Act of 1987 gave the State Article 371 (H) which even failed to protect the indigenous community of the state who are deprived of the rights unlike Mizoram which is under Article 371 (G)," Felix pointed out and called upon the legislators to stand united and pursue the Centre strongly to include the tribal state under the Sixth Schedule so as to protect tribal rights.

"It is time for us to univocally voice out for the protection of the land and people of the state," Felix said and added that Bengal Eastern Frontier Regulation (BEFR) Act of 1873 and the Chin Hill Regulation 1896 provide certain protection to the State.

The Home Minister informed that Chief Minister Pema Khandu has constituted a consultative committee headed by Deputy Chief Minister Chowna Mein who on August 19 held a meeting with all the community based organizations (CBOs) to know their views and suggestions for protection of tribal rights in the State.

"Various stakeholders during the meeting took unanimous decision that we should be protected by the Constitution for safeguarding the rights of the indigenous people," the Home Minister said.

He said, the State Cabinet during its sitting on August 24 deliberated on the report of the consultative meeting held on August 19, following which a consensus decision was taken to reach out to the Centre regarding inclusion of Arunachal Pradesh under the Sixth Schedule.

The Minister said, Article 371(H) which has special provisions for Arunachal Pradesh also does not ensure full protection to the states people as it provides no special rights to the indigenous people.

Later, the House adopted the resolution by voice votes before Speaker Passang D Sona adjourned the one-day session sine die.

It is worth mentioning here that the Assembly session was initially scheduled for three days. However, keeping in view the COVID-19 pandemic, the Business Advisory Committee pruned it to a single-day session. Earlier in the morning, all the MLAs, officials, security personnel and media persons underwent Antigen tests for coronavirus and only those tested negative were allowed to enter the Assembly premises.

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