Shillong: The Khasi Hills Autonomous District Council (KHADC) has raised serious concerns over a recent memorandum from the Ministry of Environment, Forest and Climate Change (MoEFCC), which exempts mining projects involving critical and strategic minerals from public consultations for environmental clearance.
Notably, the exemption has come following a request from the Ministry of Defence which has requested the mining projects related to critical and strategic minerals to be considered as projects concerning national defence.
In a letter to Tammy Kumar, Secretary of MoEFCC, the Council highlighted the potential adverse impact of the memorandum on the tribal communities of the Khasi Hills, who have lived in harmony with nature for generation.
“The Khasi hills Autonomous District Council is a constitutionally recognized Tribal Institution under Article 244(2) of the Constitution of India, functioning within the framework of the Sixth Schedule. The Council exercises Executive, Legislative, and Judicial powers, thereby upholding a delicate balance between traditional tribal governance and modem administrative systems,” the KHADC stated.
The Council said, “The Sixth Schedule is not merely an administrative arrangement; it is a constitutional charter of autonomy intended to safeguard tribal identity, preserve age-old customs and traditions, and, above all, protect the indigenous systems of management over land, forests, and natural resources that have sustained these communities through generations.”
It stated, “It empowers the indigenous tribes to legislate, adjudicate, and regulate matters concerning their social, cultural, and economic development in a manner consistent with their customs, usages, and conventions.”
The Council’s concern centers on the exemption of public consultation and the fast-tracking of projects involving critical, strategic, and atomic minerals, which could deny tribal communities their democratic right to raise concerns.
KHADC warned that such measures could lead to dispossession, displacement, and irreversible damage to the land and environment, threatening the very foundation of tribal life and identity.
The Council also highlighted the unique land tenure system of the Khasi Hills, which divides land into RI Raid (community land) and RI Kynti (private land).
“The Land Tenure System District prevailing in of Khasi hills Autonomous distinct is unique, complex from that of other regions of the country,” the Council stated.
It further added, “For centuries, the tribal inhabitants have exercised customary ownership and control over their lands without Stale interference. The land is classified broadly into two categories: RI Raid (Community Land) and RI Kynti (Private Land), a system deeply rooted in their traditional governance and collective stewardship of resources.”
In view of these concerns, the KHADC Executive Committee has urged the Central government to exempt the Khasi Hills tribal areas from the application of this memorandum.
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The Council stressed that such an exemption would uphold the spirit of the Constitution and reaffirm the government’s commitment to protecting the rights, heritage, and identity of the indigenous tribal communities of the region.
