Tribal District Council elections: Meghalaya High Court says push for equal rights for women should come from within community, not Court

The Meghalaya High Court recently held that changes such as granting equal rights to women in elections to local bodies governing tribal communities in the State would be better received if it comes from within the community rather than being imposed by a court order [Aneeta Synrem vs State of Meghalaya]..A division bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh was hearing a plea seeking equal rights for tribal women to participate in elections of such local bodies and to hold key posts in autonomous district councils. .The plea was filed in view of concerns that existing laws prohibit women from participating in the process and offering their candidature for certain key posts..The Court noted it was a delicate matter since it involves customary laws. In view of this aspect as well, the Court left it to the elders of the council to take a call on the matter along with the hope that the elders are guided by the strides in development taken by the State in the recent times.."Yet, a change of the kind that the petitioner seeks is better received when it comes from within rather than being imposed. There is no doubt that the elders of the Council will be guided by the rapid strides towards development that this State has taken in recent times and organise a society that is in keeping with progress, development and prosperity," the order stated..The Court further observed that the next district council elections are scheduled to be held in the year 2024. Hence, the bench urged the new body to look into undesirable aspects of the old customs that remain, particularly those that are not inclusive or are gender prejudicial..The Court opted not to impose any directive on the issue after observing that the sixth schedule to the Constitution of India mandates that customary laws, practices, and usages that have come over the years will prevail over general laws, even in matters of adjudication, except in case of heinous crimes..However, basic rights under the Constitution, the supreme lex, would not be suspended due to the operation of the sixth schedule, the Court added.Gender equality, the judges emphasised, is a key facet of Part III (fundamental rights) of the Constitution of India and the rights conferred under this part “inhere in every Indian citizen and are well-nigh inalienable.” .The Court further noted that the tribal communities in Meghalaya cannot be said to be living in the past century and their integration into mainstream society appears complete, with even FMCG (fast-moving consumer goods) penetration, internet and mobile networks being found in such areas, just like anywhere else in the country."On the more optimistic side, the tribal population in the State does not appear to be living in the past centuries and, though the State lacks in education and healthcare facilities, inhabitants in the State cannot be regarded as primitive any longer," the Court said..The Court also took note of submissions made by the Khasi Hill Autonomous District Council, indicating that there has been a "pleasant wind of change blowing across the society” and that women were interested in participating in the election process. All the same, the Council added that tribal women themselves show little interest in holding responsible posts..The Court ultimately disposed of the matter after expressing hope that the changes desired by the petitioner will come sooner rather than later and in due course from within the community, rather than being dictated from elsewhere..Advocates N Syngkon and L Phanjom appeared for the petitioner. Additional Advocate General ND Chullai, Senior Advocate VGK Kynta, Government Advocate AH Kharwanlang and advocates H Wanshong, L Khyriem and W Jyrwa represented the State. .[Read Order]