WORTER KHARMALKI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The inaction on the part of the State-respondents in not enforcing the fundamental rights of the petitioners and other villagers belonging to an indigenous religious group called "Seng Khasi", to maintain a separate cremation ground at Mawlong village falling under Raid Mowpat in the East Khasi Hills District has prompted them to file this writ petition for appropriate relief.

(2.) Though the facts pleaded by the petitioners in their writ petition are many, the facts really relevant for disposal of their dispute lie in a narrow compass. The petitioners and their religious community comprise of thirteen households numbering about eighty-six persons. It is their pleaded case that they have been in possesion of their own burial and cremation grounds, which had been demarcated and allotted by the village elders since time immemorial Similarly, villagers belonging to other faiths such as Presbyterian and Catholic were also allotted properly demarcated burial grounds. The boundary of the land allegedly allotted to the petitioners is as follows : North - Mawpat Village Forest and land of Mother of U Tar Kharkongor; South - Burial ground of Presbyterian Church, land of Driadsibon Lyngdoh and land U Dran Mawrie; East - Burial ground of Catholic Church and West - Land of Mother of U Tar Kharkongor, land of Ka Jasir Mawrie and football field.

(3.) It is alleged that in the early part of 1999, the respondents No. 7 and 8, who are the Headman and the Secretary of the village respectively, started to harass the petitioners and threatened to dispossess them of the aforesaid land. They then lodged a complaint before the Syeim of Mylliem and Dorbar on 7-5-1999 for taking action, but nothing came out of this and, as such, the oppression continued from other co-villagers under the leadership of respondents No. 7 and 8. The complaint lodged by them before the Executive Committee of the District Council, Shillong also did not prove fruitful. On the other hand, the matter took a turn for the worse when on 20-10-2004 respondents No, .7 and 8 along with other villagers trespassed into the land and felled a large number of standing pine trees planted by the petitioners and removed them therefrom. The FIR lodged by the petitioners in that connection on 21-10-2004 also evoked no response from the police authorities. As a matter of fact, when the baby of the petitioner No. 3 died on 12-11-2004, respondents No. 7 and 8 prohibited him from performing the last rites and of cremating the dead baby on the said land. On earlier occasion also, the dead baby of one of the members of their faith was not allowed to be cremated there. Another complaint was filed by them to the District Council on 18-11-2004, but no action was taken. Apparently, emboldened by this, respondents No. 7 and 8 issued notices to the members of their denomination directing them to stop cultivation of the community lands known as 'Law Dimmiew" situate at the village, which happens to be their only source of livelihood with the sole object of driving them out of the village. This ultimately drove them to approach the Deputy Commissioner, East Khasi Hills District (respondent No. 2) for taking action against respondents No. 7 and 8. The police went to their village on 4-3-2005 between 10 a.m. and 11 a.m., but they were prevented by respondents No.7 and 8 for conducting any investigation or enquiry. After the police left the village, respondents No. 7 and 8 threatened and abused the petitioners and their community, and on the night of 5-3-2005 between 11 p.m. and 11.30 p.m., stones were pelted at the house of one Driatsibon and others belonging to their religious faith. Their complaint lodged to respondent No. 2 apparently met the same fate. Respondents No. 7 and 8, are now determined to expel the petitioners and their community from the village by depriving them of their livelihood and by dispossessing them of their community lands. This is how this writ petition came to be filed.