Manipur HC deleting controversial para a step towards peace or symbolic?

New Delhi: The recent decision by the Manipur High Court to delete a contentious paragraph from a previous court order of March 2023 has ignited discussions regarding its potential implications for peace and reconciliation in the region which has been facing violence and unrest, deaths of civilians and security troops leading to complete unrest in the State.

The paragraph in question, advocating for the inclusion of the Meitei community in the Scheduled Tribe (ST) list, had been a focal point of ethnic tensions and unrest in Manipur.

High Court order can lead to implications for peace and reconciliation

The directive to remove this paragraph signifies a significant shift in approach by the High Court towards addressing the underlying issues fuelling the conflict. This move has raised hopes that it may pave the way for constructive dialogue and resolution among the warring parties even though there has been much loss of properties and casualties for more than a year.  

This decision rescinded a controversial paragraph from a previous order, marking a notable change in its approach to addressing the underlying issues fuelling unrest in the region.

The paragraph comes in response to objections raised by the Supreme Court following a challenge from the Kuki community last year. The challenge was centred around the inclusion of the Meitei community in the Scheduled Tribe (ST) list, a move vehemently opposed by the Kuki community.

After conducting a thorough examination of the procedures outlined by the Government of India for the inclusion or exclusion from the list of Scheduled Tribes, and taking into account the observations of the Constitution Bench of the Supreme Court, the High Court determined that a review of the direction was necessary.

Consequently, the Court opted to retract the directive outlined in Paragraph No. 17(iii) of the previous judgment and order dated March 27, 2023, in W.P.(C) No. 229 of 2023. It stated that the directive conflicted with the observations made by the Constitution Bench of the Supreme Court.

The deletion of Paragraph No. 17(iii) signifies a pivotal shift in the Court's stance on the matter, reflecting a commitment to aligning its decisions with constitutional principles and legal precedents.

This move is expected to have far-reaching implications for the ongoing discourse surrounding the inclusion of the Meitei community in the ST list and the broader ethnic tensions in Manipur.

Now there is optimism that eliminating this point of contention, which contradicted the stance of the Supreme Court's constitution bench, could create a conducive environment for meaningful negotiations.

Assessing the High Court's new order

While the deletion of the contentious paragraph is viewed as progress, questions linger regarding the overall validity of the High Court's new order. Critics argue that while it symbolizes a step forward, it fails to comprehensively address the root causes of the conflict. Concerns have been raised regarding the remaining portions of the March 2023 order, which still directs the Manipur government to engage with the Union government on the issue of ST status.

Advocates' perspectives

Advocate Colin Gonsalves while talking to the Hindu newspaper yesterday has expressed scepticism about the impact of the deletion, arguing that the essence of the order remains unchanged. He contends that the State government is still being directed to respond to the Centre regarding inclusion in the ST list, which forms the crux of the dispute.

Historical grievances and identity politics: Contextualizing Manipur's ethnic tensions

Manipur's ethnic tensions are deeply rooted in historical grievances and identity politics, exacerbated by demographic complexities. Achieving lasting peace and reconciliation will require more than just judicial interventions; it demands inclusive dialogue, genuine efforts towards understanding, and effective resolution mechanisms. Political decisions need to be firm and people-friendly for the region.

Towards inclusive dialogue and sustainable peace

While the High Court's decision to delete the contentious paragraph may be seen as a step in the right direction, it underlines the need for sustained and inclusive efforts to address the complex dynamics at play and foster harmony among Manipur's diverse communities.

The path to reconciliation in Manipur remains challenging, requiring concerted efforts from all stakeholders to achieve sustainable peace and more so a concrete step from New Delhi where they need to bring in new interlocutors who are neutral and acceptable to the parties involved in the violence.