THE STATUS OF THE BIATE TRIBE IN NORTHEAST

INDIA: A STUDY ON ETHNIC MINORITY RIGHTS

Remsiama Ngamlai

Master of Arts (Political Science)

INDIRA GANDHI NATIONAL OPEN UNIVERSITY

THE STATUS OF THE BIATE TRIBE IN NORTHEAST

INDIA: A STUDY ON ETHNIC MINORITY RIGHTS

Remsiama Ngamlai

This dissertation is submitted in partial fulfilment of

the requirements for the Degree of Masters in Political

Science of the Indira Gandhi National Open University

27 October 2014

Dedicated to the Biate legendary hero

Lamlira! Who with vision for his people;

Led them to this land circa 12th–13th centuries

TABLE OF CONTENTS

CERTIFICATE

DEDICATION

TABLE OF CONTENTS

ACKNOWLEDGEMENTS

ABBREVIATIONS

GLOSSARY

INTRODUCTION

THE STATEMENT OF THE RESEARCH PROBLEM:

DEFINITION OF TERMS:

Biate/Biete:

Kuki:

Old Kuki:

Schedule(s):

Tribe:

Scheduled Tribe:

Ethnic:

Minority:

Rights:

Indigenous:

REVIEW OF LITERATURE:

AN OUTLINE OF THE PLAN OF RESEARCH AND METHODS USED:

AN OUTLINE OF CHAPTER HEADINGS:

CHAPTER 1: HISTORICAL ORIGIN AND PRESENT SETTLEMENT OF THE BIATE

TRIBE

INTRODUCTION:

INTRODUCING THE BIATE TRIBE:

HISTORICAL ORIGIN:

Meaning of the word Biate:

Origin:

THE BIATES DURING THEIR SETTLEMENT IN SHAN STATE:

THE BIATES DURING THEIR SETTLEMENT IN KOLPHAI (MYNMAR):

THE MIGRATION OF THE BIATES TO INDIA (NORTHEAST INDIA):

To Lushai Hills (Present Mizoram):

To Tripura:

To Manipur:

To Assam and Meghalaya:

PRESENT HOMELAND OF THE BIATES:

First Migration to Present Homeland:

Second Migration to Present Homeland:

Third Migration to Present Homeland:

THE BIATES IN DIFFERENT PARTS OF NORTHEAST INDIA NOW:

BIATERAM (BIATELAND):

Territory:

Flora and Fauna:

Economy:

FINDINGS:

CHAPTER 2: SOCIAL, ECONOMIC, CULTURAL AND POLITICAL POSITION OF

THE BIATE TRIBE

INTRODUCTION:

GENERAL OVERVIEW OF THE CONDITIONS OF THE BIATES: 

CULTURAL POSITION:

Religious Beliefs:

Customary Laws:

Festivals and Feasts:

Dances, Songs and Musical Instruments:

Language and Literature:

SOCIAL STRUCTURE:

Kalim Kabur (Traditional Institution):

Social Set-Up or Clans of Biate Tribe:

Position of Women in Biate Patriarchal Society:

Zolbuk:

Biate Nature:

SOCIO-ECONOMIC POSITION:

Agrarian Society:

Other Livelihood Activities:

Lower Middle Class:

Carpentry and Handicraft:

HISTORY OF GOVERNMENTS' PROVISIONS FOR THE BIATE TRIBE:

Governments' Provisions for Self Governance of the Biates in

Assam:

Mukza:

MDC/MAC Constituency:

New Sangbar Development Block:

Governments' Provisions for Self Governance of the Biates in

Meghalaya:

Saipung Elaka/Sirdarship:

Sirdars:

Saipung District Council Constituency:

Saipung Community and Rural Development Block:

Saipung Reserve Forest:

The Constitution (Scheduled Tribes) Order, 1950 (As amended from

time to time) and the Biate Tribe:

POLITICAL POSITION:

The Political Structure of the Biate Society:

Political Representation:

FINDINGS:

CHAPTER 3: ETHNIC MINORITY RIGHTS OF THE WORLD AND ETHNIC

MINORITY RIGHTS IN THE INDIAN CONSTITUTION

INTRODUCTION:

SELECT ETHNIC MINORITY RIGHTS OF THE WORLD AT LARGE:

United Nations Charter:

Universal Declaration of Human Rights:

International Covenant on Economic, Social and Cultural Rights:

International Covenant on Civil and Political Rights:

Declaration on the Rights of Persons Belonging to National or

Ethnic, Religious and Linguistic Minorities:

ETHNIC MINORITY RIGHTS IN THE INDIAN CONSTITUTION:

Definition and Specification of Scheduled Tribes:

Article 342 Scheduled Tribes:

Article 366 Definitions:

Part III Fundamental Rights:

Part IV Directive Principles of State Policy:

The Sixth Schedule [Articles 244(2) and 275(1)] Provisions as to

the Administration of Tribal Areas in the States of Assam,

Meghalaya, Tripura and Mizoram:

Other Articles with Minority Rights:

GOVERNMENT OF INDIA’S EFFORTS FOR ETHNIC MINORITIES, ESPECIALLY

SCHEDULED TRIBES:

Ministry of Tribal Affairs:

National Commission for Scheduled Tribes:

National Human Rights Commission:

Tribal Research Institute:

FINDINGS:

CHAPTER 4: THE PRESENT POSITION OF THE BIATE TRIBE AND ETHNIC

MINORITY RIGHTS: AN INTERRELATION

INTRODUCTION:

GENERAL PROBLEMS AND PROSPECTS:

Justice in the Context of the Biates:

The Biate Identity and the Question of Cultural Survival:

GOVERNMENT OF MEGHALAYA AND THE BIATES:

Meghalaya Transfer of Land (Regulation) Act, 1971 and the Biates:Needed Public Employment Related Safeguards for the Biates in Meghalaya:

NEED FOR SEPARATE SCHEDULED TRIBE RECOGNITION:

The Need: Some Official Recommendations for the Separate Scheduled Tribe Status of the Biate Tribe:

NEED FOR BIATE VERNACULAR INSTRUCTION AT THE PRIMARY STAGE: 74

NEEDED POLITICAL SAFEGUARDS AND EMPOWERMENT:

POLITICAL SCOPE FOR THE BIATES: THE QUESTION OF REGIONAL COUNCIL:75 - 77

FINDINGS:

CONCLUSION

BIBLIOGRAPHY

APPENDIX – I: MAP OF NORTHEAST INDIA

APPENDIX – II: MAP OF BIATE INHABITED AREAS IN ASSAM & MEGHALAYA

APPENDIX – III: IMPORTANT EVENTS OF BIATE HISTORY

ABBREVIATIONS

Christian era . . . . . . . . .

C. E.

Member of District Council . . . . .

. MDC

Member of Autonomous Council . . . . . .

MAC

National Commission for Scheduled Tribes . . . .

. NCST

National Human Rights Commission . . . . .

. NHRC

Scheduled Tribe(s) . . . . . . . .

ST(s)

United Nations . . . . . . . . UN

Union Territory . . . . . . . . UT

GLOSSARY

Halam: It is a form of traditional social administration

especially of the Rangkhol, Biate and Sakachep tribes. Now, there

is the Biate Halam, Rangkhol Halam and Sakachep Halam; with each

Halam headed by the Kalim and Kabur who are the head of each

tribe, especially dealing with the functioning of the Customary

Laws within each tribes.

Mukza/Mauja/Maujadar or Sirdar: Maujadar is the head of a certain

area assigned by the District of Dima Hasao pertaining to land

tenure system. The same is called Sirdar in West Jaintia Hills

and East Jaintia Hills Districts of Meghalaya.

Patiyan/Patian/Pathian: It was first written by John Rawlins in

1790 as Patiyan. Pa denotes Father and Tiyan/Tian denotes

Beginning of time or Eternity. It refers to the attributes of God

as being eternal, independent, immutable and infinite.

Rengpuiram: Land of the Rajas (Kings). The Biates in their

history do not usually have kings. When in Tripura, upon seeing

the people with kings named it land of the kings.

Singlung: Singlung is the place of the supposed origin of the

Biate tribe. The Kuki-Chin-Mizo groups of tribes are supposed to

have originated from this place. Hence it is written with some

variations by different tribes; Singlung by Biate, Chhinlung by

Mizo, Sinlung by Hmar and Chinlung by Chin group of tribes, Khul

by Thadou, Paite, Vaiphei, Simte and Zo and Khurpui/Khurpi by

Aimol, Kom, Koren, etc.

Kalim: Kalim is the head of the Biate Halam or Customary Laws and

of the whole affairs of the Biate tribe. It is the same for the

Rangkhol and Sakachep (Khelma) tribes.

Kabur: The Kabur is the Deputy to the Kalim.

INTRODUCTION

THE STATEMENT OF THE RESEARCH PROBLEM:

This research problem is to present the status of the Biate tribe

in Northeast India and study it against the background of ethnic

minority rights and explore the way forward of this tribe in the

constitutional framework of India.

The purpose of this research is to give the social, economic,

cultural and political status or position of the Biate tribe in

Northeast India and suggest a way forward of this tribe as

envisaged by ethnic minority rights of the world at large and

particularly of India. Northeast India is the abode of many

tribes and linguistic groups. The Biate tribe is one of the

oldest tribe in Northeast India sharing various problems like

other ethnic groups in this region. They have been geographically

and politically separated mainly between East Jaintia Hills

District1 in Meghalaya and Dima Hasao in Assam (Dima Hasao is the

new name of North Cachar Hills. From here onwards the researcher

will use the name Dima Hasao when referring to the name of this

District). The name of the constitutional body of Dima Hasao1 Jaintia Hills District was divided into West Jaintia Hills District and

East Jaintia Hills District on July 2012. East Jaintia Hills is only aDistrict and the Council is still based in Jaintia Hills District Council.Hence, the researcher would either one of these two Districts, as isappropriate, when referring to the Biates.

District is still known as North Cachar Hills Autonomous Council.

But the name of the District has been changed to Dima Hasao. The

land and population of the Biate tribe is divided into two

states, Assam and Meghalaya, despite the fact that they live in a

compact area. It is surprising that Assam and Meghalaya boundary

of around 70 (seventy) kilometres on both sides of the states are

Biate inhabited areas. Their population of around twenty thousand

is also equally divided between the two states in bordering

areas. The Biates sought to bring socio-economic and political

development of their own community which seems to be inscrutable

due to the lack of sustained effort on the part of the

Government. The Biates have always struggled for greater

political participation and representation in the democratic set

up of India to redress their problems. The problems vary and no

“fit all” solutions are available. Hence, the objective of this

dissertation is to explore the solutions and to find means to

redress the grievances of the Biate community.

This problem is worth investigating because the study of this

tribe with reference to ethnic minority rights has not been done

so far, though general research on their historical origin,

settlement and their customary laws has already been done.

.

DEFINITION OF TERMS:

Biate/Biete: Biate/Biete refers to a tribe as recognised by the

Constitution (Scheduled Tribes) Order of India under “Any Kuki Tribes” in

Assam, Meghalaya and Mizoram. Hence the Biates/Bietes are one

Scheduled Tribe in India. The Scheduled Tribes are one group of

historically disadvantaged people recognised in the Constitution

of India. The word Biate/Biete has varied meanings. The most

common meaning is worshippers, referring to a common worship of a

particular deity or different worship of various deities by their

ancestors from time immemorial. The name Biate and Biete are

synonymously applied by the Constitution (Scheduled Tribes) Order. From

here onwards in this dissertation the researcher will use the

name Biate as it is the correct name for the tribe, the other one

being applied by others. The Biates are one of the oldest Hill

tribes of Northeast India mostly inhabiting the Saipung Elaka2 of

East Jaintia Hills District of Meghalaya and Kharthong

Constituency of Dima Hasao District in Assam.

Kuki: Kuki is a Bengali word meaning “hill people” or

“highlander” (Reid, 1893, p. 5). It is generally believed that

Kuki is a term used by the Bengalis to designate all hill people

(Phukan, 1992, p. 1). The term Kuki was first put in written form

as “Cuci” in 1790 by John Rawlins, Esq.3 in his writing “On the2 Elaka pertains to land tenure system in Jaintia Hills District in

Meghalaya. There are 19 Elakas in Jaintia Hills District, Saipung Elaka is oneamong the 19 Elakas. The head of an Elaka is “Sirdar” or “Mukza”. Hence, Elakais also referred as Sirdarship. The researcher would use either Elaka,Sirdarship or Area, as is appropriate, when referring to the area of Saipung.

3 An abbreviation for esquire, which is a title used by attorneys in theUnited States. The term esquire has a different meaning in English Law. It is

Manners, Religion, and Laws of the Cucis, or Mountaineers of

Tipra” in Asiatic Researches Vol. ii 1790 (Rawlins, 1790, 187-193).

McRae (1799) and Shakespear (19120 have acknowledged this fact

(McRae, 1799, pp. 182-198; Shakespear, 1912, p. xiii). It is also

found in the memoir of Surgeon McRae in Asiatic Researches Vol.

vii, 24th January, 1799 (McRae, 1799, p, 183-198). J. Rennel,

Chief Engineer of Bengal wrote the book “The Cucis or inhabitants

of the Tipperah Mountains” in 1800 (Shakespear, 1912, p. xii).

Kuki is a common name applied to many hill tribes who otherwise

have their own particular names and many of these hill tribes do

not recognise or accept the name “Kuki” (Shakespear, 1912, p.

xiii). For example, the Biate tribe being referred as Old Kuki,

whose true and regular tribe name is Biate. Moreover the first

Kuki word by John Rawlins (1790) was Patiyan (Rawlins, 1790, p.

187) which is the present term for God in Rangkhol, Biate and

Sakachep languages. Hence the Rangkhols, Biates and Sakacheps

were amonst the first to be called Cucis though they have their

regular tribe names. The Biates, Rangkhols and the Sakacheps are

distinct tribes who have never accepted the name Kuki. Though

Rangkhol, Biate and Sakachep tribes were mainly called

Kukis/Cucis; Dalton (1872) in his comparative vocabularies of the

Kuki Group included Manipuri, Cacharee, Meekir (Karbi), Aroong

Naga, Angamie Naga, besides the Old Kuki and New Kuki (Dalton,

1872, pp. 75, 76). Besides, Stewart (1855) wrote about the

Manipuris that they “can be traced by their own written history

used to signify a title of dignity, which ranks above gentleman and directlybelow knight. In the United States, Esg. Is written after a lawyer’s name.

to a Kookie origin; and were this proof wanting it would be easy

to supply one by pointing to the similarity of the Manipuri and

Kuki languages, or rather dialects” (Stewart, 1855, p. 618). From

all these it can be concluded that Kuki is a vague general term

encompassing many hill tribes who are related in some way or the

other but not to the extent to be classified under one tribe. The

dominant tribes referred within Kuki nomenclature have now their

own identity. Hence, the Biate tribe also should be

constitutionally specified separately by excluding them from Any

Kuki Tribes in Assam, Meghalaya, Mizoram, Tripura and Manipur.

The word Kuki first appeared in 1790, but the Biates claim that

the name Biate has been in existence for many centuries from the

beginning of their early history.

Old Kuki: The tribes which first emigrated from Lushai land into

Cachar the Rangkhols and Biates with their off-shoots, are

generally distinguished as Old Kukis; while New Kuki denotes

Thados, Jangshens and their off-shoots (Grierson, 1904, p. 2) Old

Kuki and New Kuki, or the early arrivals and the late arrivals;

is a distinction based upon the sequence of their appearance in

their present habitat (Phukan, 1992, p. 1). In spite of the

Biates’ resistance, the British called the Biates as Old Kuki.

Stewart (1855) first put the name Old Kuki in writing to

represent the Rangkhol, Biate and Sakachep (Stewart, 1855, p. 617

and ff.). The term Kuki was first used in reference to

Tipra/Tipperah (present day Tripura). The Rangkhols, Biates and

Sakacheps were the early inhabitants of Tipperah; hence, they

were called Old Kuki in distinction to the New Kuki who arrived

later in the Cachar areas. Stewart (1855) said that the Old Kukis

emigrated from Tipperah to Cachar by the late 18th century in a

state of almost perfect nudity (Stewart 1855, p. 618). The

statement of Stewart “in a state of almost perfect nudity”

matches with the writing of McRae (1799) “Account of the Kookies

or Lunctas”, Lunctas here referring to a state of nudity. Those

whom McRae referred as Kookies and those whom Stewart referred as

Old Kukis are the same, though the people do not recognise both

the name Kookies and Old Kukis. Stewart (1855) is of the opinion

that the Old Kukis; Rangkhols, Biates and Sakacheps differed much

from the new Kukis in dialect, manners, customs, government,

ceremonies and religion (Stewart, 1855, p. 618).

Schedule(s): In the context of this dissertation, by “Schedules”

the researcher means as the Constitution of India refers

“Schedules are lists in the Constitution that categorise and

tabulate bureaucratic of the Government”.

Tribe: By “Tribe” is meant a group of people on the basis of

common language and ancestry and recognised as a separate entity.

In the context of this dissertation the word tribe refers to

those recognised as a separate entity by the Constitution (Scheduled

Tribes) Order of India. In other words, tribe refers to Scheduled

Tribe.

Scheduled Tribe: Article 366 (25) of the Constitution of India

refers to Scheduled Tribes as those communities, who are

scheduled in accordance with Article 342 of the Constitution. The

list of Scheduled Tribes is State/UT specific and a community

declared as a Scheduled Tribe in a State need not be so in

another State/UT. The essential characteristics, first laid down

by the Lokur Committee, for a community to be identified as

Scheduled Tribes are—indications of primitive traits; distinctive

culture; shyness of contact with the community at large;

geographical isolation; and backwardness (Documents of Ministry

of Tribal Affairs, Scheduled Tribes, Introduction).

Ethnic: The term “ethnic” is derived from the Latin word

“ethniko” which means common identity. It refers to a group of

people with common racial, national, tribal, religious,

linguistic or cultural origin or background.

Minority: In this dissertation, by minority is meant ethnic

minority who is often subjected to differential treatment by

those who have the power of control on the basis of being in

majority.

Rights: By the term “rights” in this dissertation, is

particularly meant the constitutional entitlements of people of a

common identity as a group or single entity/identity as enshrined

in the Constitution of India and that in the United Nations

Charter.

Indigenous: By indigenous in this dissertation is meant

aboriginal and native aspects and characteristics. The indigenous

tribe of a particular area is the aboriginal and native

inhabitant of the area entitled to every rights of the land

though they may be in minority in the land.

REVIEW OF LITERATURE:

In this dissertation the researcher will make use of primary and

secondary sources on the “Biate Tribe” and on “Ethnic Minority

Rights”. There are quite a number of primary sources on the

historical origin, settlement and customary laws of the Biate

Tribe both in English and especially in Biate language or

dialect. There are sources on ethnic minority rights of the world

at large and particularly of India which serves the purpose of

this dissertation.

John McRae (1799) in his “Account of the Kookies or Lunctas” in

Asiatic Researches Vol. VII presented one of the earliest written

forms of the Biate language. In this work he gave Biate

vocabularies which are still in use. He also presented that the

word Kuki first appeared in writing in 1790. Lieutenant R.

Stewart (1855) in his book Notes on Northern Cachar. Journal of the Asiatic

Society of Bengal Vol. XXIV, gives valuable information on the Biate

tribe and also comparative vocabularies of Biate language with

other tribes of the the Northern Cachar. Edward Tuite Dalton

(1872) in his Descriptive Ethnology of Bengal refers to what has been

supposed to be the earliest account of the Kukis—a memoir by

Surgeon McCrae, which appeared in 1799 in Volume vii of Asiatic

Researches. Dalton presented the Biate language on pages 75 and

76 as representative for Old Kuki in his Comparative Vocabularies

of English, Manipuri, Mikir, Aroong Naga, Angami Naga and New

Kuki. R.G. Woodthorpe (1873) in his book The Lushai Expedition

presented that even though the Biate people are specified as Old

Kuki, they should be specified separately as a tribe as they are

distinct from their fellow Kukis. C.A. Soppitt (1887) in his book

A Short Account of the Kuki–Lushai Tribes of the North-East Frontier with An Outline

Grammar of the Rangkhol-Lushai Language and a Comparison of Lushai With Other

Dialects presented the Biate tribe as an old hill tribe who has a

distinct language. He presented 64 sentences and 14 vocabularies

in Biate; in his comparison of English, Rangkhol, Biate and

Sakachep (Khelma) languages. G. A. Grierson (1904) in his book

Linguistic Survey of India Vol. III Tibeto-Burman Family Part III

Specimens of the Kuki-Chin and Burma Groups presented the Biates

as having a separate dialect of their own.

B. Pakem (1984) “The Biate” in Sebastian Karotemprel (Ed.), The

Tribes of North East India presented that the Biates are a distinct

tribe in Northeast India mainly inhabiting East Jaintia Hills

District, Meghalaya and Dima Hasao District, Assam. Ramdina

Lalsim (1995) in his book Biate Pipu Toisong (Culture & Historical

Backgrounds of the Biates) presented the socio-cultural and historical

backgrounds of the Biates. This book is a pioneering work on the

Biate tribe. This book provides substantial knowledge on the

tribe, their language, customs, culture, religion etc. Ramdina

Lalsim (2005) in his book Tribes of N.C. Hills presented that the

Biates are one of the oldest inhabitants of Dima Hasao District

in Assam. Ngamthangkhupa Darnei (2011) in his book Biate Ṭoibul4

Zongna out of his field research presented the origin and

migration of the Biates to their present settlement. Ezra Ralsuna

Lalsim (2013) in his book Zoimi Biate Nam Choilung (Biate’s Origin &

Tradition) presented that the Biates have been a tribe which have

their own administrative set up since time immemorial.

The Constitution of India provides for the rights of ethnic

minorities. There is the Directive Principles of State Policy of

“Promotion of educational and economic interests of Scheduled

Castes, Scheduled Tribes and other weaker sections”. The

Constitution has the Fundamental Rights of “Cultural and

Educational Rights” which is sub-divided into “Protection of

interest of minorities” and “Right of minorities to establish and

administer educational institutions”. Part X (Ten) of the

Constitution provides for the administration of the “The

4 In this dissertation, when below the capital T and small t a period (.)occurs (Ṭ or ṭ) it is the Biate language equivalent of the English Tr/tr andto be pronounced as such.

Scheduled and Tribal Areas”. The Fifth Schedule (Article 244(1))

provides for the administration and control of Scheduled Areas

and Scheduled Tribes (areas and tribes needing special protection

due to disadvantageous conditions). The Sixth Schedule (Article

244(2) and 275(1)) provides for the administration of tribal

areas in Assam, Meghalaya, Tripura, and Mizoram.

The Constitution (Scheduled Tribes) Order, 1950 (As amended from time to

time) presents the specified Schedule Tribes. The Constitution

(Scheduled Tribes) Order 1950 has been modified and amended from

time to time according to the needs of ethnic minorities. Those

which concern with the purpose of this dissertation are: 1) The

Constitution (Scheduled Tribes) Order, 1950 The Schedule Part I Assam, 2)

The Constitution (Scheduled Tribes) (Parts C States) Order, 1951 The Schedule Part

VI Manipur Throughout the State and Part VII Tripura Throughout

the State, 3) The Scheduled Castes And Scheduled Tribes Lists Modification Order,

1956 Schedule III (Note:- Schedule I and Schedule II to this

Order relate to the list of Scheduled Caste) Part II- Assam,

Schedule IV Part II—Manipur Throughout the Union Territory and

Part III—Tripura Throughout the Union Territory, 4) The Scheduled

Castes And Scheduled Tribes Orders (Amendment) Act, 1976 The Second Schedule

Part XI-Meghalaya, 5) The Scheduled Castes And Scheduled Tribes Orders

(Amendment) Act, 1986 Third Schedule Part XVII–Mizoram (w.e.f.

20.02.1987) and 6) The Scheduled Castes and Scheduled Tribes Orders

(Amendment) Act, 2002 The Second Schedule Part X–Manipur.

Documents of Ministry of Tribal Affairs, Government of India provides with

the views and policies of the Government of India for the ethnic

minorities. Government of India Ministry of Tribal Affairs in

2013 set up High Level Committee to prepare a position paper on

the present socio-economic, health and educational status of STs

and suggest a way forward. Documents of National Commission for

Scheduled Tribes provides Government of India’s ongoing efforts for

the uplift of the Schedule Tribes as per the provisions of the

Constitution of India.

United Nations Charter (Signed 26th June 1945; Location: San

Francisco, California, United States Effective 24th October 1945)

provides for the rights and opportunities of minorities. This

Charter in its Preamble says “…to affirm faith in fundamental

human rights, in the dignity and worth of the human person, in

the equal rights of men and women and of nations large and

small…” United Nations General Assembly 1992 A/RES/47/135

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious,

Linguistic and Ethnic Minorities provides for the protection of ethnic

minorities. International Covenant on Civil and Political Rights provides

for the necessary safeguards for ethnic minorities the world

over. It was adopted and opened for signature, ratification and

accession by United Nations General Assembly resolution 2200 A

(XXI) of 16 December 1966. Entry into Force: 23 March 1976, in

accordance with Article 49.

AN OUTLINE OF THE PLAN OF RESEARCH AND METHODS USED:

This research deals with the Biate Tribe in Northeast India

especially within Dima Hasao District, Assam and East Jaintia

Hills District, Meghalaya where the Biate tribe has one Member of

Autonomous Council and one Member of District Council each. The

research includes the social, economic, cultural and political

status or position of this tribe in the aforesaid areas and a

search for the way forward of this tribe as envisaged by select

ethnic minority rights of the world at large and particularly of

India.

Methodology applied in this research is descriptive-analytical.

The research is undertaken with the perspective that the

Government has to preserve the rights of ethnic minorities.

It is an empirical research work based on primary and secondary

sources. The researcher employed Case Study method as it allowed

the researcher to focus on a single entity or phenomena such as a

political group, political movement, country/city/village, or a

political process. The thrust of case study is on in-depth

research rather than on extensive research. Therefore, the

researcher relied on direct observation, in-depth interviews and

survey of relevant documents. The Case Study provided the

researcher with a systematic way of looking at events, collecting

data, analysing information, and reporting the results. The Case

Study enabled the researcher to generate hypothesis.

AN OUTLINE OF CHAPTER HEADINGS:

In the first Chapter the researcher deals with the historical

origin and present settlement of the Biate Tribe.

In the second Chapter, basing on the ethnical

background/ethnography presented in Chapter 1 the researcher

presents the social, economic, cultural and political position of

the Biate Tribe. In other words, the researcher does an

anthropological and sociological study of the Biate tribe in this

chapter. This enables the researcher to present how the Biate

tribe as a unit has been dealt with by the Central and State

Governments of Assam and Meghalaya.

In the third Chapter, the researcher deals with select ethnic

minority rights of the world at large and with ethnic minority

rights in the Indian Constitution. The researcher especially

deals with the provisions for the Scheduled tribes in the Indian

Constitution.

In the fourth Chapter the researcher relates the present position

of the Biate Tribe to select ethnic minorities rights of the

world at large and that of the Indian Constitution and suggest

the way forward out of the relation made.

In the final conclusion the researcher presents the findings of

this dissertation.

CHAPTER 1

HISTORICAL ORIGIN AND PRESENT SETTLEMENT OF THE BIATE

TRIBE

INTRODUCTION:

In this Chapter the researcher will deal with the historical

origin and present settlement of the Biate Tribe. First, the

researcher will give a general introduction of the Biate tribe.

Second, the researcher will deal with the historical originof the

Biate tribe. Third, the researcher will deal with the migration

of the Biate tribe. Fourth, the researcher will deal with the

present settlement of the Biate tribe.Fifth, the researcher will

present a brief description of Biateram (Biateland) the land

inhabited by the Biates. This will be followed by the findings.

INTRODUCING THE BIATE TRIBE:

Biate/Biete refers to a tribe as recognised by theConstitution

(Scheduled Tribes) Order of India under “Any Kuki Tribes” in Assam,

Meghalaya, Mizoram an Manipur. Hence the Biates/Bietes are one

Scheduled Tribe (The Scheduled Tribes are one group of

historically disadvantaged people recognised in the Constitution

of India) in India. The name Biate and Biete are synonymously

applied by the Constitution (Scheduled Tribes) Order Modification List 1956.They

are one of the oldest hill tribes living in Northeast India

especially among the Chin-Kuki-Mizo family (Ramdina Lalsim, 1995.

p. 129) of the Tibeto-Burman language group. Reid (1893) said

that the term “Kuki” is a Bengali word meaning “hill people” or

“highlander” (Reid, 1893, p. 5). Hence, Biate tribe is one among

the many highlander tribes. But the Biate tribe is a separate and

distinct tribe though they are put within Any Kuki. They are the

indigenous tribe of Assam, Meghalaya, Mizoram, Tripura and

Manipur.

The Biates have their own identity through their language,

custom, traditional religious beliefs, traditional dresses,

dances, songs, musical instruments, folktales and so on. Like the

majority of the hill people of Northeast India, the Biates belong

to the Indo-Mongoloid group and their language belongs to Tibeto-

Burman language group. Though of Mongoloid race, they have a

dark-brown-yellowish complexion, broad and round face, high and

prominent cheekbones, small and narrow eyes with flat and short

nose (Pakem, 1984, p. 276).The Biates have five main clans,

namely; 1) Nampui, 2) Darnei, 3) Ngamlai, 4) Lalsim (Ngirsim) and

5) Thiaite. Each of these five clans has sub-clans within them.

The Biates have a reserved nature. They are soft spoken and their

language is very sweet.

HISTORICAL ORIGIN:

Meaning of the word Biate:

The word Biate can have varied connotations/meanings. The most

common meaning is worshippers, referring to a common worship of a

particular deity or different worship of various deities by the

ancestors. The word Biate comes from two words Bia and Te. Bia means

to worship or ask (J. Lalsim, 1998, p. 3) and “te” means “those

who" or “people”. Hencethe word Biate means worshippers. This is

strongly supported by the following legends:

First, the Biate tradition says they paid homage and adoration to

a powerful king in their primal history. They often asked or bia

for his help in all their daily needs. Hence the word Biate means

worshippers. Furthermore, in order to make themselves as the

descendants of the king, they termed themselves as Biate meaning

worshippers or supplicants (J. Lalsim, p. 14).

Second, according to a Biate legend the word Biate comes from the

word Beite. Bei means sympathetic, kind or gentle. It is believed

that the Biates are the ones who were charitable to their king and

neighbours and rendered their time and energy sympathetically for

the betterment of others. Hence, Beite means those who are

sympathetic, kind and gentle (L.P. Ngamlai et al., 1990, pp. 3,

4).

Third, according to another Biate legend, the word Biate comes

from the term “Rul-Biak-Te” meaning Snake-Worshippers. There was

large snake/python at a Biate village which demanded human

sacrifice. The local people used to appease the python called

“Rulpui” by offering one individual annually. They were offered

by turn from each family. At a particular time, the turn of a

widow with her only daughter came. She wept so bitterly that it

moved the heart of a young Biate man who had fallen for the girl

and he determined to put an end to such type of sacrifice. He

arranged a piece of iron which was heated until it became red hot

and the young man then invited the snake to open its mouth for a

supposed sumptuous dinner of fresh meat. The snake as usual

opened up its mouth whereupon the young man thrust the red hot

iron into it. The result was that the snake died and the people

were free from such worship and sacrifice (Pakem, 1984, pp. 274-

275).

Fourth, another legend has it that, the Biates for the first time

appeared when a Biate Thiampu (Priest) was bia or asked by other

tribes to perform necessary rites for them. It is supposed that

in olden times in a particular place, other tribes did not have

priests and they used to ask the priest of the Biate tribe. It is

therefore claimed that the word Biate has been in existence from

that time (J. Lalsim, 1998, p. 15).

Fifth, another legend has it that, the word Biate comes from the

designation “worshippers of many gods”. It is true in the sense

that the Biates worshipped many gods and goddesses in olden times

(J. Lalsim, p. 15). Apart from the common indigenous gods each

clan and sub-clans of the Biate tribe have their own gods in

olden times. They are as follows:

1. Nampui (Chungngol): Ithing (Ginger).

2. Nampui (Thianglai): Theisi nakara.

3. Nampui (Kungte): Dangdo (Tall Figured Witch).

4. Darnei (Lungoi): Fasom thling fasomlal; Fapite (Rice Queen).

5. Darnei (Thangbei): Vanlaiding, Vanlai khup, Korpa Bukturam.

6. Lalsim (Ngirsim): Kungpui sing, Kungpui den, Kungpui ram

korpa.

7. Lalsim (Ngaite): Parthei singa.

8. Thiaite: Thingbulṭong (Dead tree stump).

9. Thiaite (Subuma): Nikai, Sor, Nikai Reng korpa.

10. Ngamlai (Ranglem): Ikei (Tiger).

11. Ngamlai (Durpui): Putona lei (a small animal of

squirrel family).

12. Ngamlai (Darngon): Sorzing Sorla.

Lastly, the Biates have some other nomenclatures given them by

others. The Biates are referred to as Beteh (Stewart, 1855, pp.

617, 622,659-675; Shakespear, 1912, p. 6), Bete (Dalton, 1872, p.

75 and f; Soppitt, 1887, p. iii). Shakespear (1912) said that the

Biate, Rangkhol and other cognate clans are now known to us as

Khawthlang or Westerners (Shakespear, 1912, p. 6). In fact the

supposedly New Kukis (Thados, Changsans, etc.) termed the Biate,

Rangkhol and cognate clans as Khawthlang. The Biates, Rangkhols

and Sakacheps were supposedly the first called Kuki, which the

researcher will deal with later. Again, it was the Biates,

Rangkhols and Sakacheps who were first called Old Kuki by

Lieutenant R. Stewart (Stewart, 1855, p. 617). In Meghalaya, the

Biates were referred to as “Hadem” by Pnars and Khasis (Bareh,

1974, p. 141) in olden days and even today are still referred to

by many. The first Biate Christian Pastorate in 11-12 January,

1909 was named Hadem Bial (Thiaite, 2005, p. 68). Bial is the

Biate word for Pastorate. The first Biate book published in 1913

is “Hadem Khasi First Book Lekha Bulphut Biate Chong ne Khasi

Chong” (Williams, 1913). This book was named with the Hadem

nomenclature given by the Khasi and Jaintias. In Assam the

Biates were referred to as “Bedesa” by the Dimasas in olden days.

The Dimasa Raja during the Heramba Raj referred to the Biates,

Rangkhols and Sakachep together as “Dakhinsa”. But Dakhinsa was

later on applied especially for the Rangkhol tribe (Ramdina

Lalsim, 2005, p. 73).Now in the Constitutional Scheduled Tribes

Order, 1950 (As amended from time to time), the Biate tribe is

put under Any Kuki in Assam, Meghalaya, Mizoram and they are

supposed to be included within it in Manipur and Tripura. All the

nomenclatures given by others are Beteh, Bete, Biete, Kuki, Old

Kuki, Any Kuki, Dakhinsa, Bedesa, Hadem and Any Kuki; which comes

up to ten names. Hence, it is the argument of the researcher

that though outside forces have given the Biate tribe several

names according to their impression upon them, the Biates have

all these centuries accepted only the name “Biate” and that they

have been a distinct tribe.

The researcher can conclude that whatever the origin of the word

Biate, it means worshippers. Though, “Biate” might have been

reconstructed from the word “Beite” (kind and sympathetic ones),

it still does not deviate much from the present meaning of

worshippers. The researcher can conclude that the Biates were so

named because of their devotion to their traditional primal

religious beliefs.

Origin:

The Biates are a distinct tribe amongst the Kuki-Chin-Mizo group

of the Tibeto-Burman tribal people. They trace their origin in

line with this group of tribes. There are two main schools on the

origin of the Kuki-Mizo groups of tribes. The first one has been

the generally accepted one by all the concerned tribes till

recently. The second one is mainly the result of more recent

scholarship based on new discovered records.

It is believed that these groups of tribes came from

Singlung/Sinlung/Chhinlung located in Central China or the Yang-

tze valley. It is believed that due to continuous aggression of

the Chinese, these people left the valley. Some groups moved west

and entered Mynmar through Tibet. The Biates are supposed to have

been one of these groups which left China. The origin of the

Biates can be traced through their traditional songs, countless

poems and legends though it is difficult to specify the exact

location of their origin. According to Biate traditions the

ancient home of the Biates is called Singlung or Khurpui

Thlabung.Singlung means a covering stone or rock. Khurpui Thlabung is

a big cave or a great hole. The Biates believed that they

originated from that great hole. The Biate forefathers claimed

that they are Manmasi. The descendants of Manmasi came out from

Khurpui Thlabung or Singlung. The Khurpui Thlabung/Singlung traditions and

civilisation had been handed down from generation to generation.

Till today the song of Khurpui Thlabung is sung with contemplation

and honour of the past and reminiscence. One of the songs goes:

Tiana Tiana Ken siangna,

Khurpui Thlabunga;

Thek ar ang ken vaina;

Korpui phaiah chu ero Liandanga.

It can be translated as:

I originated in ancient ancient time,

From a great hole,

Where I had wandered as a hen;

Melancholy as Liandanga in the valley of Korpui.

Another traditional song which praises the glories of Singlung is:

Ken siangna Singlung ram mingthang

Ki nu ram ki pa ram ngai;

Chongzil ang koi kir thei chang se;

Ki nu ram ki pa ram ngai.

The song can be translated as:

My ancestral home famous land of Singlung,

Land of my mother and father,

Could it be called back like Chongzil,

Land of my mother and father.

The tradition of Singlung has been supported by many writers on

Mizo-Kuki-Chin tribes. Songate (1977) said that the location of

Singlung is the present Tailang or Silung in southwest China (Songate,

1977, pp. 12-13). The Biate forefathers also claimed and

suggested that the ancestral home of the Biates is somewhere in

Central Asia or China. The theory that the Kuki-Chin-Mizo groups

of tribes had originally come from Central China has gained

currency among historians and the educated people in particular.

The Biate forefathers conjectured that their subsequent nomadic

life come out of their inability to repel their enemies while

they were in Singlung. One of these poems is about the starting

point of their historical migration. The song goes:

Kho Singlungah,

Kot sial ang Ki zuang suaka;

Mi le nel lo tam a e;

Riammi raia.

The song can be translated as:

Out of city Singlung,

I jumped out like a sial (mithun);

Innumerable were the encounters;

With the children of men.

From the above poem we can infer that they were pushed out by a

stronger power or people. A sial or mithun jumps out of the fence

only when chased or driven by a fiercer force. Hence the line “I

jumped out like a sial” would refer to their flight from the

enemies. And innumerable were the encounters they faced (Ramdina

Lalsim, 1995, pp. 2-3). According to Songate (1977) there was a

cruel king Shih-Huangti by name who built a great wall and the

people were forced to build the stockade. During this many men

were under captivity or in the house of detention. They faced

acute oppression and maltreatment in the construction of that

great wall or fortress and many of them lost their lives

(Songate, 1977, p. 13).

In connection to the above episode it is also believed that the

great hole or Khurpui was excavated or gouged out by the workers

in Huangti’s regime with the intention of running away from the

oppression (L.P. Ngamlai et al., 1990, p. 1). When the king

Huangti died in 212 B.C.E. and the regime of Huangti collapsed many

of the tribes secretly came out and escaped from the Khurpui. In

such a deplorable situation the descendants of Manmasi (Biates)

too came out from Khurpui or Singlung along with the other tribes.

This incident took place around 200 B.C. (Songate, 1977, p. 13).

The second theory of the origin of the Kuki-Chin-Mizo groups of

tribes is that they are originated in present Northeast India in

pre historic times. Prof. J.N. Phukan says;

If we were to accept Ptolemy’s ‘Tiladae’ as the ‘Kuki’

people, as identified by Gerini, the settlement of the

Kuki in North-East India would go back to a very long

time in the past. As Professor Gangumei Kabui thinks,

“some Kuki tribes migrated to Manipur hills in the

pre-historic times along with or after the Meitei

advent in the Manipur valley (Gangumei, p. 24)”. This

hypothesis will take us to the theory that the Kukis,

for that matter, the Mizos, at least some of their

tribes, had been living in North East India since the

pre historic time, and therefore, their early home

must be sought in the hills of Manipur and the nearby

areas (Phukan, 1992, p. 10).

Basing on their Singlung origin in China, the Biates believed

that they have settled in Shan State of China and Kabaw and

Chinwind valley of Mynmar before migrating to India. To this the

researcher turns now.

THE BIATES DURING THEIR SETTLEMENT IN SHAN STATE:

The Biates with their co-tribes migrated from Singlung through

Himalaya and reached the Shan State of China around 8th century

Christian era. L.H. Songate opines that their entry into Shan

State was met with strong repellence but they finally fought

their way into it (Songate, 1977, p. 18-19). One poet put their

encounter in a song:

Ka pa lam tlak a tha’n dang,

Singlung lam tlak a tha’n dang;

Shan Khuah tha phoin vang;

Tuaichongin ranlu a thlunna;

Thlomu siaka ke min ril;

Zaingongah ranlu ba kan sal.

The song can be translated as:

My father’s position was especially good,

Singlung’s position was especially good;

We show our prime life in Shan;

Tuaichongi brought the head of enemies;

You talked of the piercing by eagle’s paws

(meaning war);

We hang the head high with ropes.

From the above poetical narrative we know that they fought

formidable enemies and defeated them. The region and the land

were good for agricultural cultivation and they started producing

abundant agricultural products for their livelihood (Songate,

1977, p. 19).

Another evidence of their entrance and settlement in Shan was

marked by their folk songs and poems, one remarkable song they

used to sing was:

Ka khuai nga rual hei,

Ka ra dite nin lei mum?

Ra di nin lei mum?

A mu chu kin mu a e,

Shan ralsua an den zoi a e.

The song can be translated as:

My beloved friends,

Did you see my beloved?

Did you see the beloved?

Absolutely we saw them

They have already arrived into the valley of Shan

(Ramdina Lalsim, 1995, p. 11).

The Biates can be said to be settled in Shan State of China

around 8th - 10th centuries C. E.

THE BIATES DURING THEIR SETTLEMENT IN KOLPHAI (MYNMAR):

The Biates with Kuki-Chin-Mizo group of tribes established their

settlement in Shan State of China for many generations with

prosperous life. But their prosperity finally faced a disastrous

famine. The famine was so severe that the whole tribe moved

towards the north and northwest in search of food, new productive

land and more fertile regions. After travelling for many days and

months, they finally entered the unoccupied fertile areas of

Kolphai or valley of Burma (now Myanmar). They established their

settlement in the Kabaw and Chinwind valley of Burma (Thiaite,

2005, p. 18). In connection to this migration, Kipgen (1996)

writes “They seem to have entered into Burma along one of the

north eastern river valley and then turned towards the west into

the upper reaches of the Chinwind River sometimes in the early

centuries of Christian era” (Kipgen, 1996, p. 37).After staying

in Mynmar for about 200 years (Thiaite, 2005, p. 20) the Biates

and co- tribes started to move towards India. It can be inferred

from Kipgen (1996) that during this period of migration, the

Biates and co-tribes identified themselves separately from the

main body (Kipgen, 1996, p. 42). The Biates can be said to be

settled in Kolphai (Mynnmar) around 10th - 12th centuries C. E.

THE MIGRATION OF THE BIATES TO INDIA (NORTHEAST INDIA):

The Biates were the first Kuki-Chin-Mizo group of tribe to

migrate to India. Shakespear said that the Old Kukis of Manipur

(Aimol, Anal, Kom, Vaiphei, etc.) were the first to enter India,

as they are recorded in the Chronicles of Manipur as early as the

16th century. But in his reference to the Biates and Rangkhols he

mentioned their history in Cachar of late 18th century, missing

out the Biates’ and Rangkhols supposed entry into Tripura during

Raja Manikya’ reign in 1490 A.D. (Dena, 2014) and as is recorded

about them as Kuki in the Rajmala (Chronicles) of Tripura which

extends to 1512 (Grierson, 1904, p. 1; Phukan, 1992, p.1).

Moreover, the Biates claimed that they have migrated to their

present settlement in Assam and Meghalaya under the leadership of

their legendary hero Lamlira as early as the 12th-13th centuries.

Rengsi (2004) when writing about the migration of the Kuki-Chin-

Mizo group of tribes rightly opines that “the weakest and most

vulnerable were the first to forage into new lands” (Rengsi,

2004, p. 95). The Biates, Rangkhols and Sakacheps have been the

weakest in warring terms throughout their history as they are

peace loving tribes.Hence, the Biates, Rangkhols and Sakacheps

(Old Kukis) were amongst the first to migrate to India.

According to Mizohistorians the exodus from Kolphai (Burma) to

Lushai Hills through Chin Hills was caused by severe famine and

the cruelty of the new chief of their land. Another reason might

have been the search for a better land. The time and date of

their departure is not recorded, but some historians believed and

suggested that it most probably happened in the early centuries

of the Christian era. Migration from this place seems to have

been organised in group or tribe wise. The first wave of

migration includes Biate, Rangkhol, Chorai, Ṭhiek, Sakachep

(Khelma), Darlong, Kaipeng, etc.(Ramdina Lalsim, 1995, p. 24;

Thiaite, 2005, p. 20).

To Lushai Hills (Present Mizoram):

The Khothlang or Western tribes (including the Biates) are said to

have entered the present Mizoram through Chin Hills (Kipgen, 1996,

p. 38).Among the Kuki-Chin Mizo group of tribes, Liangkhaia

(1938), Zawla (1964) and Ramdina Lalsim (1995) said that the

Biates were the first to enter Mizoram from Mynmar (Liangkhaia,

1938, p. 7; Zawla, 1964, 143; Ramdina Lalsim, 1995, p. 25). It

can be inferred from the writing of Songate (1977) that the

Biates were among the first to enter India:this is signified

through his acknowledgement of the Biate language as amongst the

oldest in comparison with related tribes;his documentation of

Biate languages like Reng (King), Rengpa (The King), Zuong/Zuang

(Come out, Coming out), Kor (Non-tribal) which are specially used

by the Biates; and his presentation of Biate village “Lungver”

and so on in narrating about the course of migration of several

tribes into India and their early seetlement (Songate 1977, pp.

10, 11, 16, 29, 62, 160). Some groups and clans of the Biates in

their first entrance to Mizoram established their habitation at

Singlung-puk. Singlung is their original place and puk is a cave.

They named their settlement in Mizoram Singlung-puk or Singlung’s cave

in order to retain the name of their original place in Singlung

(Ramdina Lalsim, 1995, p. 24). After residing for a short period

of time in the cave, they scattered in Champhai area and in

different parts of Mizoram and they built their villages at

different places of present Mizoram. These villages are Champhai,

Rulchawm, Biate, Vanlaiphai, Zialung, Lungver, Phaileng, Lungdar,

Khodungsei, Tualbung, Thingtim, Thenzol, Sol-lung, Lungsasol,

Rodap, Lopui, Saitual, Saipum, Khothlir, Thingdol, Tamdil,

Tuidam, Mualcheng, etc. (Ramdina Lalsim, 1995, p. 26-28).Various

hills and rivers given names by the Biates in Mizoram are

Darkhoriang, Chongtui/Chawngtui, Tuivai, Raifan-dung, Bualpui-

dung. Many of these names (of villages, hills and rivers) given

by the Biates are still retained to these days (Ramdina Lalsim,

1995, p. 29; Thiaite, 2005, p. 21). Moreover the Biates in their

present settlement have retained especially the names of their

villages, namely; Saipum/Saipung, Thingdol, Khotlir, Saitual,

Mualcheng, etc. The fact that the Biates were amongst the first

to enter present Mizoram is accepted by all Mizo and Kuki group

of tribes.

To Tripura:

During this migration from Mynmar the Biates and their allied

tribes proceeded towards southwest direction passing through the

Lushai Hills and directly entered into Rengpuiram or Tripura. It

is also believed that the Biates with co-tribes entered Tripura

from Thanangchi forest during the reign of Raja Manikya in 1490

A.D. (Lal Dena, 2014). Reference to the Kukis (especially

Rangkhol, Biate and Sakachep) comes across in the history of

Tripura as early as 1512 (Grierson, 1904, p. 1; Phukan, 1992,

p.1). Dalton (1872) writes;

That the Kuki tribe were known of old in Tripura is

apparent from the Raj Mala, as it represents Shiva

falling in love with a Kuki girl who was in

consequence put to death by his shrew of a wife. In

another place the Kukis are represented as allies of

the Raja of Udaipur who invaded Tripura, but was

defeated, and Udaipur became the capital of Tripura.

Again, the Kukis are brought forward as accusing the

Tripura general Raja Chachag of a design to make Tamul

which he had subjugated in the name of his master, an

independent state. This general flourished in A.D.

1512 (Dalton, 1872, p. 111).

Dalton in this book has said that the Old Kukis were Biates, he

gave the Biate language in the description of vocabularies of

tribes he wrote about. Moreover he presented the New Kukis to

have come later to Cachar from Lushai Hills (Dalton, 1872, pp.

45, 75, 76, 113). The Biates have the name of their customary

laws as “Halam Dan” (Halam Laws), which is still in use to this

age. Halam is the name given to them by the king of Tripura. The

Tripura king gave them the name Halam to designate those tribes

who do not have kings. The Biates in their recent primal

religious beliefs used to worship three images; Bolong Raja,

appointed for them by the king of Tripura. Those designated Halam

were recorded during the reign of Raja Omar Manikya, from 1584-86

C.E. (Goswami, 1995, p. 26).

To Manipur:

During this migration from Kolphai (Mynmar) some of the Biates

and some co-tribes entered Manipur through Mizoram (Kipgen, 1997,

p. 38).

To Assamand Meghalaya:

During this migration from Mynmar some entered Cachar Valley of

Assam and proceeded towards southeastern part and entered North

Cachar Hills of Assam and Jaintia Hills of Meghalaya (Thiaite,

2005, p. 21). This is the first migration to their present

homeland. The researcher will deal with this in the next section.

PRESENT HOMELAND OF THE BIATES:

For the purpose of this dissertation the present homeland of the

Biates is taken as Kharthong Constituency of Dima Hasao District

and Saipung Elaka of East Jaintia Hills District. This is so

because these areas are inhabited mainly by the Biate tribe. They

are the transborder tribe of Assam and Meghalaya. For the purpose

of this dissertation these two areas in boundering states is

called Biateram (Biateland). The territory, the flora and fauna

and the economy of Biateram will be dealt with in the next

section.

The migration of the Biates to their present homeland cannot be

strictly put into some two or three waves of migration. There are

sources pointing to different waves of migration. These waves of

migration can be generally put into three. When referring to the

migration of the Biates to their present homeland, the migration

then would also refer to the then provincial state of Bengal

under which the then united Assam and Bangladesh (Chittagong Hill

Tracts) were subjected.

First Migration to Present Homeland:

The first arrival and settlement was around the 12th century C.E.

This first migration was from present day Mynmar. According to

Biate legends and elders their legendary hero, Lamlira led the

first migration to their present territory. In order to mark

their dwelling places Lamlira erected many different shapes of

stone monuments at different places of their territories,

especially in Jaintia Hills of Meghalaya and North Cachar Hills of Assam.

Some of these monoliths are still to be seen in some places of

the Biate territories of Assam and Meghalaya (Pakem, 1984, pp.

274-275, 287-288). Some of such monuments are called in Biate

language as:

1) Lungzubel, which means a stone vessel or pot of liquor. It is

believed that Lungzubel or stone vessel was used as a

container of their liquor.

2) Lungmaicham, which means the stone altar. It is also

believed that the Biate forefathers used some flat stones as

the place of offering sacrifices or altar.

3) Lungrido, which means stone chair or stone stool made for

resting or dancing. It is believed that Lungrido or stone

chair was built by the Biate forefathers for their resting

and also for dancing during their festivals and other

important occasions.

4) Lungsaipui, whichmeans stone elephant. Some erected stones were

built in the shape of elephants (Thiaite, 2005, p. 22).

The above monuments are called Lamlira Lungphun, meaning Lamlira’s

Monuments. Large numbers of these monuments have been destroyed

by natural agents, wild and domestic animals and by human. Some

have been taken by the villagers to erect memorial stones in

honour of some village elders and other purposes (Thiaite, 2005,

p. 22).

Pakem (1984) believed that these monuments had been built or

erected by the Biate forefathers, he writes, “Columns of round

polished stones and circular hollow grounds nearby have been

found in many places in the area... These findings could have

represented the sacrificial or dancing places of the people who

might be the forefathers or fore-runners of the Biates” (Pakem,

1984, p. 287). Pakem (1984) again supported this claim in his

assertion “...they dispersed to all corners and one section was

led by Lamlira to their present hills. This was sometime in the

thirteenth century of the Christian era” (Pakem, 1984, p. 275).

The Biate forefathers believed that these stone monuments were

erected by the Biate legendary hero, Lamlira around the 12th and

13th centuries Christian era. Thangkhupa Darnei assumed that the

first Biate occupiers of their homeland had traces as early as

12th-13th centuries of the Christian era (Thangkhupa Darnei, 1996,

pp. 4-5).

Second Migration to Present Homeland:

The Biatewriters L. Ngirsim, T. Ngamlai, Chongliana Nampui and

Lalneikimi (1994) dated another migration of the Biates to their

present settlement around 1500-1600 Christian era (Ngirsim, et

al., 1994, p. 76). C.A. Soppitt, Assistant Commissioner, Burma,

Late Sub-Divisional Officer North Cachar Hills Assam is of the

opinion that about the middle of the 16th century, as near as can

be ascertained, the Biates (Kukis) inhabited the country now

occupied by the Lushais (present Mizoram). The Jansens (Kukis)

live at their back and commenced to oppress them; by degrees

succeeding in driving them nearer and nearer the plains, and then

ultimately out of the country across Cachar into the North Cachar

Hills and Manipur, a small body taking refuge in Tipperah

territory (Soppitt, 1887, p. 7). To this migration,the researcher

gives migration gives the name “the second migration of the

Biates from Mizoram to the then Tripura and Assam”.Rawlins (1790)

had written about the Biates (Old Kukis) that a party of them

visited the late Charles Crofters Esq. at Jafarabad in the spring

of 1776, and entertained him with a dance: they promised to

return after their harvest, and were much pleased with their

reception (Rawlins, 1790, p. 194). Hence, it can be concluded

that the Biates were already present in the then Bengal area of

Assam and Tripura.P.P. Paslein (2006) writing about the British

and Pnar war said “The British regiment operated from a Valley

against the Stockade on the opposite Sutiang ravines where the

Pnar Warriors lodged within...The battle extended its incursion

as far as Lum Iakor Singh which was inhabited by a small Biate

Tribes” (Paslein, 2006, p. 56).

Third Migration to Present Homeland:

The third migration of the Biates to their present homeland

started from Mizoram through Rengpuiram or Tripura and Cachar of

Assam sometime between 17th-18th centuries Christian era.

According to L.H. Songatethe Biate tribe came to the valley of

Silchar (Cachar) in 1730 C.E. (Songate, 1977, p. 63). Liangkhaia

suggested that the Biates came to Cachar in 1780 (Liangkhaia,

1938, p, 7). Stewart (1855) opines that the Biates emigrated from

the jungles of Tipperrah, the hilly country south of Cachar about

the end of the eighteenth century to their present settlement,

the then Cachar and North Cachar,almost in a state of almost

perfect nudity (Stewart, 1855, p. 618). John Shakespear says “The

old Kukis made their appearance in Cachar about the end of the

eighteenth century. These Old Kukis include the Biate (Beteh)

Hrangchul (Rangkhols) and other cognate clans who are now known

to us as Khawthlang”(Shakespear, 1912, p. 6).

In connection to the third migration of the Biates to their

present homeland, Pakem says “The first arrival was led by the

above legendary hero and the other one was in the eighteenth

century of the Christian era.”Mizo historian Rev. Liangkhaia

(1938) made inference that the Biates entered Meghalaya and

Haflong area of Assam through Cacharin the seventeenth century of

Christian era (Liangkhaia, pp. 20-21). It was during this third

migration of around 1830-1850 that the famous genre of Mizo folk

song called “Puma Zai” which was originatedby the Biatesin

Vairengte, Cachar and Mizoram border (Lalthangliana, 2001,p.

573). During this third migration some group entered Manipur,

some Rengram or Tripura and Cachar, and they established their

permanent settlements in these places. Another group were left in

Lushai Hills or Mizoram (Liangkhaia, pp. 20-21).Singh

(1995)presented that the Biates migrated from Mynmar to Manipur,

Mizoram, Assam and Meghalaya(Singh, 1995, p. 37). Apart from the

above four states of India, the Biates can be seen in Tripura.

The third migration of the Biates to their present homeland

started from Mizoram through Rengpuiram or Tripura and Cachar of

Assam sometime between 17th-18th centuries Christian era.

The Biates came from Singlung passing through many regions and

territories to their present homeland and established their

permanent settlement in the south eastern portion of East Jaintia

Hills of Meghalaya and the south western part of Dima Hasao of

Assam.

THE BIATES IN DIFFERENT PARTS OF NORTHEAST INDIA NOW:

The Biates mostly inhabit the Saipung Elaka of East Jaintia Hills

District of Meghalaya and Upper and Lower Kharthong

Constituencies of Dima HasaoDistrict in Assam. They have been

geographically and politically separated mainly between East

Jaintia Hills in Meghalaya and Dima Hasao in Assam. Their land

and population is divided into two states despite the fact that

they live in a compact area. Their population of around twenty

thousand is also equally divided between the two states in

bordering areas.

They are also scattered in Manipur, Mizoram, Tripura and Cachar

District of Assam. Their population figure is however not

available to the census reports of India in these States and in

Cachar District. In Manipur they are scattered in the Hmar

inhabited areas. The Biates have been divided between Lushai

Hills (present Mizoram) and Assam-Meghalaya from many centuries.

Col. J. Shakespear supported this when he wrote “The Biate in the

Lushai Hills worships the images in the Bhuban caves, but I am

told that those in the North Cachar Hills differ in this respect.

The three images are called Bolawng Raia, Chhinga Raia, and

Maituki Raia, Raia being a corruption of Rajah. A fowl, a pig,

two eggs, and two kinds of jungle vegetable called "chinghrut "

and"hruitung" are offered to these deities outside the village

once a year” (Shakespear, 1904, p. 187). The Biates are generally

found in the northeastern part of Mizoram. They are mainly seen

in the Darlawn, Ratu and New Vervek villages of the Darlawn

Community Development Block of Aizawl District (Singh, 1995, p.

33).In Tripura they are mainly scattered in four villages and

they are mainly concentrated in Darchoi village (Darnei, 2011,

pp. 48 &141-142). In Cachar District of Assam there is a Biate

inhabited village by the name “Biate”. They are also scattered in

some Hmar villages in Cachar District, Assam. Those who are

scattered in Manipur, Mizoram, Tripura and Cachar District of

Assam speak the Biate language mainly at home. They have to a

great extent got assimilated with their fellow hill tribes.

Many Biates within Dima Hasao and East Jaintia Hills have

migrated to the towns because of jobs, other means of livelihood

and education. They have even migrated to towns outside of these

Districts within Assam and Meghalaya. The Biate educated and

elite class belong to this Diasporas group.

The Biates are one of the earliest settlers in Assam, Meghalaya,

Mizoram, Tripura and Manipur as far as the history of the present

settlers in these States can be traced. The Biates are the

indigenous tribe of these States.

BIATERAM (BIATELAND):

Territory:

From 1972 the Assam and Meghalaya Inter-State Boundary line

between Dima Hasao and East Jaintia Hills runs from Kopili river

near Umrangso town to the origin/starting point of Digisim and

Artan rivers through the Narpuh Reserved Forest and the Malidor

river till reaching Bangladesh. This boundary line inhabited by

the Biate tribes on both sides stretches around 70 kilometres.

This area is fairly wide though sparsely populated (Pakem, 1984,

p. 270). The land of the Biates or Biateram is still a terra

incognito and has not become a recognised geographical concept

either. It refers only to the area inhabited by the Biate tribe

of Assam and Meghalaya, lying approximately between 25’5’ and

25’30’ North Latitude and between 92’28’ and 93’ East Longitude.

It covers roughly between Denloi river in the East and Lunar

River in the West, and between Diyung and Dihangi rivers in the

North and Cachar and Bangladesh in the South. Apart from stray

references in books and articles in subjects on Northeast India

as well as in the proceedings of the Assam and Meghalaya

Legislative Assemblies, there are very few accounts on the

territory of Biateram. To many the title “Biateram” conveys but a

little meaning and it arouses still less interests (Pakem, 1984,

p. 269). But as the land inhabited by the Biates in Assam and

Meghalaya are together in one compact area, the Biates used to

refer to this compact land as Biateram. Saipung area under a

Sirdar/Mukza has a geographical boundary recognised by the

Government of Meghalaya. But taken together, Biateram, especially

in Assam side may not have the strict geographical and political

boundary, but to the Biates, Biateram is a very real assertion.

Flora and Fauna:

Biateram has a large forest. Most of the Biate villagers depend

on forest products. The main forest products are several types of

timbers and trees, cane, mushroom etc., and are the main sources

of income for the people. Forest trees in the hilly areas are

gradually decreasing due to shifting or slash–and–burn type of

Jhum cultivation. Apart from this practice, trees are also used

for constructing houses. Many tons of logs have been taken by

nearby Mills in the recent past. Some mountains have been used

for the purpose of rearing cattle from since long. Afforestation

is also implemented by means of plantation in the pasture areas

by the Government Forest Department as well as by the village

authorities and Church organisations. The vegetation and climate

of Biateram offers an ideal habitation to many wild animals. Many

kinds of birds and animals are found in this area. The birds

generally found in the jungle are eagles, vultures, different

kinds of hornbills and jungle fowls, owls, crows and different

kinds of small birds. The wild animals found in the forest are

elephants, tigers, bears, wild buffaloes, barking deers,

leopards, wild hogs, wolfs, big deers, wild cats, jackals, wild

boars and different kinds of monkeys. Several kinds of snakes are

also seen in this area (Thiaite, 2005, pp. 8, 9).

Economy:

The Biates are very much connected with the forest. The forest is

their means of livelihood. Their land is rich in flora and fauna

and in bio-diversity. But, Biateram is backward, neglected and

deprived from the larger community in the two Districts in Assam

and Meghalaya. Biateram is an underprivileged and a poverty

stricken region. The people are totally dependent on agricultural

works to earn their livelihood. Irrigation facilities are far

from adequate and the concerned area is totally dependent on

monsoon rain for agricultural works.

FINDINGS:

The researcher has found out that the Biates are an old ethnic

hill tribe who has a rich historical and cultural heritage.

The researcher has found out that the Biates are peace loving

community from the beginning of their history. The history of

their migration is mainly the history of their estrangement with

the hostile neighbouring forces.

The researcher has found out that the Biates love to live in

community. In the course of their nomadic history they have

travelled as compact community as far as possible.

The researcher has found out that in spite of the many

difficulties and problems the Biates faced from hostile and

assimilative forces and elements in their nomadic and migratory

history they have developed and preserved their culture.

The researcher has found out that the Biates have been settling

in Mizoram, Tripura, Manipur, Assam and Meghalaya from around the

12th century C. E. Now the Biate population is mainly

concentrated in Assam and Meghalaya. The Biates are the

indigenous tribe in Assam, Meghalaya, Mizoram, Tripura and

Manipur. The Biates are amongst the earliest settlers in these

States as far as the history of the present settlers in these

States can be traced.

The researcher has found out that the Biate identity is in crisis

in Mizoram, Manipur and Tripura and even in their present

settlement of Assam and Meghalaya because of lack of cultural and

political autonomy.

The researcher has found out that the Biates in Assam and

Meghalaya are living in one compact bordering areas of Assam and

Meghalaya which is vast and rich in flora and fauna though remote

and backward with not much development works by the concerned

Governments.

The researcher has found out that the Biates in their present

settlement are good citizens who contribute to the nation

building.

The researcher has found out the Biates have been neglected by

the concerned Governments, because; their land is remote, their

population is less and they have reserved nature in never

revolting, protesting and taking up violent means in their search

for development.

CHAPTER 2

SOCIAL, ECONOMIC, CULTURAL AND POLITICAL POSITION OF

THE BIATE TRIBE

INTRODUCTION:

In this Chapter, basing on the ethnological

background/ethnography presented in Chapter 1 the researcher will

present the social, economic, cultural and political position of

the Biate tribe. In other words, the researcher will do an

anthropological and sociological study of the Biate tribe in this

chapter. It will enable the researcher to present how the Biate

tribe as a unit has been dealt with by the Central and State

Governments of Assam and Meghalaya. The researcher will first

give general overview of the position of the Biate tribe. Second,

the researcher will present the cultural position of the tribe.

Third, the researcher will give the social structure of the Biate

society. Fourth, the researcher will present the socio-economic

position of the tribe. Fifth, the researcher will deal with the

history of Governments' provisions for the Biate tribe. Sixth,

the researcher will present the political position of the tribe.

The last section will be the findings.

GENERAL OVERVIEW OF THE CONDITIONS OF THE BIATES: 

Majority of the villages in Biateram are unreachable by roads,

Government departments are few and Schools are neglected. In

spite of all these negligence on the part of the governments the

Biate people have stood up on their own feet to make themselves

one of the most literate tribe in India. Their literacy rate is

one of the highest in India. But as they are separated mainly

between two states; even dispersed within these two states,

because of lack of opportunities in their home places, they

cannot have a visible voice for their tribe. The Biates have been

constantly victims of many Pressure Groups who used to forcefully

collect ransom from well-to-do individual families and taxes even

in the form of house wise. The Biates have often been victims to

assimilative and dispossessing forces. To come out of all these

problems the only effective outcome-oriented measures for the

Biates seems to be more cultural and political autonomy.

CULTURAL POSITION:

Religious Beliefs:

The Biate traditional religious belief system is firmly based in

naturalism, animism and animalism. They have had many gods and

spirits who were responsible for the welfare of the people.

Stewart (1855) writes “All earthly evils are ascribed to the

anger of gods, or the pleasure of demons, petitions being made

and sacrifices offered up to both to propitiate them. They

believe in a futurity of rewards and punishments in

acknowledgement of the good or evil actions of this life, but

cannot grasp the idea of eternity” (Stewart, 1855, p. 620).

Besides these lesser gods, there is the high God called “Chung

Pathian” meaning “Heavenly Father”. The Biate people do not

worship the evil spirits in a true sense of adoration. They

worship the evil spirits to coax and appease and they make

sacrifice only to get away from their wrath. They believed in and

fear the evil spirits who are supposed to dwell in the hills,

mountains, rivers and forests (Ramdina Lalsim, 1995, p. 133).

Stewart (1855) wrote that the Biates burn their dead, but that a

warrior in the Biate tribe is generally buried, and not burned.

He is buried dressed in new clothes, and descends to the grave in

company with his spear and hatchet, and a supply of eatables and

grog. It was supposed that his enemies will not leave him alone,

even in the world to come (Stewart, 1855, p. 622).

Now, the Biates are mainly Christians. Their primal religious

beliefs have been merged with Christian beliefs. Their

Christianity is enriched much by their primal religious concepts

and vocabularies. Their Christianity is rooted in their land.

Their Churches are self-supporting, self-preserving and self-

propagating.

Customary Laws:

The Biates have their own distinct customary laws—a set up of

rules and commandments—which they inherited and practiced from

their forefathers’ time. These laws govern the whole population

of the Biate community. The guardians and the enforcing

authorities of the laws are the leaders of the community in

Council called Laldevan under the joint authority of Kalim and

Kabur, 9 Joint Chiefs, with their Secretaries and Cabinet members

called Lalchors and Lalpafongs respectively. This Council consists

of the five main clans of the Biates. These laws and practices do

not touch religion and politics but governs and influence the

lives of the Biate people both men and women. They even

influenced children for their character development. Women are

given due rights and honour. The main and most relevant of these

laws and practices are: i) Commanded Laws and Rules, ii) Marriage

and Divorce, iii) Extra Marital Acts, iv) Inheritance, v)

Kinship, vi) Ownership, vii) Rights and Honour of Women, viii)

Thefts, ix) Violence and Anti-Social x) Encroachment on Others’

Interests, xi) Village Authority and Power, xii) Cultures and

xiii) Obligatory Payments to Maternal Parents (Devanpui, 2006,

pp. 1-40).

Festivals and Feasts:

The Biates have several types of festivals which are observed

throughout the year. Most of them are connected to their

agriculture life; related to seasons, crops and stages of their

Jhum cultivation. In relation to the plantation of crops there

are four types of festivals; (1) Pamchar Kut or Chapchar Kut, (2)

Chichoi Kut, (3) Lebang Kut and (4) Favang Kut or Nulding Kut. Among these

four the first and the last are regarded as the most important

spring festivals, which are usually celebrated between December

and March (Thiaite, 2005, p. 36).

1. Pamchar Kut or Chapchar Kut: Pam/Chap is trees or bamboos which have

been cut down and are exposed to sun to make it dry and awaiting

for burning for Jhum. Char is felling of trees and Kut means

festival. The Biates believed that this festival would ensure a

good burning and good harvest in their field.

2. Chichoi Kut means sowing festival after burning the Jhum (paddy

field). They used to celebrate by invoking God to bless their

seeds which they grew in the Jhum.

3. Lebang Kut means festival of completion of sowing. As soon as they

complete sowing seeds they used to celebrate this festival in

order to ask God’s blessings that whatever they sowed may grow in

good condition.

4. Favang Kut or Nulding Kut: Favang Kut means harvest festival and Nulding

Kut means festival of renewal of life. Though there is a little

difference in name Favang and Nulding, the time and way of

celebrations are the same and have no different objectives. The

festival of Favang or Nulding is usually celebrated during December

or January (Thiaite, 2005, p. 36-37).

Festivals are generally held with great enthusiasm, plenty of fun-

fare, merry-making and feasting followed by performing cultural dances

and singing of folk songs by the youngsters. During these days,

dancing and music with beating drums and gongs and drinking liquor

called (Zu) and rice-beer called (Baitui) were practised in olden days

(Thiaite, 2005, p. 37) now replaced by community tea party or

feasting. Now the Biates particularly celebrate the Nulding Kut on

January 11 every year. January 11 was declared Nulding public holiday

in Dima Hasao, Assam since 2003. In Meghalaya, though celebrated every

year on January 11, it was declared East Jaintia Hills public holiday

in 2013.

Dances, Songs and Musical Instruments:

The Biates have five important traditional dances; the dances are

usually followed by traditional songs with the accompaniment of

the sound of drums, gongs and cymbals. Some of the most important

dances are Buanṭumlam, Darlam, Lampalak, Meburlam, Rikifachoi and Sikpui Zol-

lam. These dances are usually performed on the days of festivals

and on special occasions.

The Biate people are music lovers; songs with dances are common

in their cultural life and in their religious ceremonies. One of

the harvesting folk songs goes like this;

Saka fang zuang in lan e,

Thlanga fang hong in lan e,

Ni kualna ding e, pherjam kin lei do a e,

Pherjam kin lei do a e.

The song can be translated as:

Come paddy from the north,

Come paddy from the south,

We have placed mat for your resting place,

We have placed mat.

The Biates have variety of musical instruments, which are

commonly used in their cultural festivals and religious

functions. These are (1) Khuang (drum) made out of wood, (2)

Darkhuang – a large gong made out of fine brass, (3) Daribu –

smaller gongs in a set of three, (4) Seranda or violin made out

of wood. They also have different kinds of mouth organs; flute

called Rosem, Theipit, Theile made out of small bamboo or reeds;

children usually play bubelem, made out of rice straw or reeds

during harvest time. Among the musical instruments Khuang or drum

is one of the most important which is used not only in cultural

festivals but also in religious functions. Darkhuang or gongs are

more important in the cultural dances. The youngsters normally

play violin and other mouth organs on special occasions as well

as in their respective homes when they feel lonely. Theipit made

out of small bamboo or reed is usually used or played at the time

of successful hunting (Thiaite, 2005, pp. 37-38).

The Biates have rich cultural heritage in terms of dresses,

music, dances, oral literature and so on. But it is fast

depleting for lack of platform to display them. The Biate tribe

preserves her cultural identity with no much support from the

state and central governments. As they do not have the platform

to preserve their culture much, the younger generations have

forgotten their culture and their minds have been assimilated

with the modern capitalist-individualistic and consumeristic

culture.

Language and Literature:

The Biates are an Indo-Mongoloid stock of race. Their language belongs

to Tibeto Burman sub-family of Tibeto-Chinese group of languages.

Their language is a very old one. It was for most of the centuries an

oral language. From the coming of Christianity to the Biate tribe the

missionaries helped put the Biate language into a written form by

adopting the Roman script with some modifications (Pakem, 1984, p.

284).

The first Biate word put into written form was “Patiyan”, the term for

God, by John Rawlins in 1790. Rawlins (1790) writes “The inhabitants

of the mountainous district to the east of Bengal gave the name of

Patiyan to the Being who created the universe; but they believe that a

deity exists in every tree, that the sun and moon are Gods, and that

whenever they worship those subordinate divinities, Patiyan is pleased”

(Rawlins, 1790, p. 187). In Biate language Pa is father and Tiyan/Tian

means Beginning of time or Eternity. Hence Patiyan means Father from

the beginning of time. It refers to the attributes of God as being

eternal, independent, immutable and infinite. As Rawlins (1790) has

pointed, the Biates believed Patiyan/Patian/Pathian as “the Being who

created the universe”. McRae (1799) put into written form extensive

Biate vocabularies way back in 1779 in his “Account of the Kukis or

Lunctas”. They are as follows: Meepa-Man, Noonuoo-Woman, Naoo-A Child,

Meepa Naoot’he- A male Child, Noonaoot’he-A female child, P’ha-Father,

Noo-Mother, Chopooee-Brother, Charnoo-Sister, P’hoo-Granfather, P’hee-

Grandmother. The numbers are reckon thus: Katka-One, Neeka-Two,

Toomka-Three, Leeka-Four, Rungaka-Five, Rooka-Six, Sareeka-Seven,

Riatka-Eight, Koaka-Nine, Soomka-Ten, Soomneeka-Twenty, Soomtoomka-

Thirty, Soomleeka-Forty, Soomrungaka-Fifty, Rezaka-Hundred, Saungka-

One thousand (McRae, 1799, pp. 197, 198). These vocabularies are

mainly used by the Biate tribe, the name of numbers as is written here

are still used today. No other tribes used the above vocabularies as

the Biates does till the present day. Stewart (1855) in his “Notes on

Northern Cachar” in his Comparative Vocabulary of English, Manipoorie,

Cacharee, New Kuki, Meekir, Aroong Naga and Angamie Naga languages put

462 Biate vocabularies on pages 656-675 (Stewart, 1855, pp. 659-675).

In the end Stewart mentioned that by Old Kuki vocabulary he meant

Beteh vocabulary (Stewart, 1855, 675). Dalton (1872) in his

description of the vocabularies of tribes written about in his book

“Descriptive Ethnology of Bengal” put 78 Biate vocabularies (Dalton,

1872, pp. 75, 76). Soppitt (1887) presented 64 Biate vocabularies and

14 Biate sentences (Soppitt, 1887, pp. 79-82).

McRae (1799) said that the Kookies choose the steepest and most

inaccessible hills to build their villages upon, which are called

K’hooah (McRae, 1799, p. 186). “Beh” is one sort of seeds cultivated by

the Kookies (McRae, 1799, 191). McRae (1799) writes “in every house

there is a particular post consecrated to the Deity, before which they

always place a certain portion of whatever food they are about to eat”

(McRae, 1799, p. 196). McRae (1799) also said that in the month of

January they have a solemn sacrifice and festival in honour of the

Deity, when the inhabitants of several neighbouring villages often

unite and feast and dance and drink together for several days (McRae,

1799, p. 196). All these narratives by McRae match with the Biate

tribe. Till these days the Biate villages are one of the steepest and

most inaccessible villages. They are very fond of Beh. The biates have

the name for one particular rain of July-August season after “Beh”

called Beh-ten Par Rua. Beh=Beans, Ten=suffix denoting “them”

Par=Budding, Flowering, Rua=Rain. Hence, Behten Par Rua is the rain

which makes the Beh to bud or give flower. The Biates have a post in

every household called Sutmung which is their family/household altar.

The Biates may be the only tribe celebrating their social-cum-

religious festival till the present day on January every year.

The first published book in Biate Language was in 1913. This book is

“Williams, Rev E.H. (Ed.). 1913 Lekhabu Bulphut Biate Chong ne Khasi Chong.

Khasi Hills: Welsh Mission”. This book was the endeavour of the

Christian mission. The Biate Literature Committee was established in

1947 and the Roman script with some modifications was adopted as

official Biate script (Rualkhupa Biate, Secretary of Biate Literature

Committee, personal communication, September 18, 2014). In 1947 one

book in Biate language prepared by the Biate Literature Committee Pialral

Kaina Lampui (The Way to Eternal Life) was published by Scripture Gifts Mission

of India. The Gospel of Mark was translated by a Biate leader Rev.

Rengpuia and published in 1949. The other three Gospels of Matthew,

Luke and John were published in 1954. The Biate Hymn Book composed by

Mr. C.T. Thanga was published in 1959 (Thiaite, 2005, p. 81). These

are the pioneering works of Biate Literature.

Though the Biate tribe does not have much written literature, they

have rich oral literature. The Biates have been struggling by

themselves for many decades to put down their oral literature to

writings (R. Ngamlai, 2011). Now writers have come up to write upon

their history, ethnography, anthropology folk literature and so on.

Biate language is a very old one and fellow tribes have even

incorporated some vocabularies. Many of the Mizo literary words have

their roots in Biate language. For example, “Perkhuang” in Mizo is

Guitar and this word is used as a literary meaning of Guitar, which is

used in the Mizo Bible. The Mizo daily common usage for Guitar is

“Ṭingtang”. But in Biate language “Perkhuang” is used to refer Guitar

in daily common usage. Similarly, many Mizo literary words have their

roots in Biate language. The famous genre Mizo folk song called “Puma

Zai” in Mizo history has its origin in Biate language. The word Puma

has no place and meaning in Mizo but it has its meaning in the Biate

language. The word “Puma” in Biate means “Lord” and “Zai” means

“Singing”. Hence “Puma Zai” means “Singing to the Lord” or “Song

Dedicated to the Lord”. The famous Mizo historian B. Lalthangliana

said that “Puma Zai” was composed around 1830-1850 by the Biates in

Vairengte, ‘Puma’ is a Biate language meaning ‘God’ (Lalthangliana,

2001, p. 573). Lalzarzova opined that Puma Zai had a very deep

influence for the local composition of Mizo Christian Hymns, who

otherwise had to manage with the translated Western Christian Hymns

(Lalzarzova, 2014). Lawmsanga (2010) writes “The early twentieth

century witnessed the sudden emergence of the Puma zai which later

developed into various forms of Tlanglam zai. Then the new Mizo hymns

appeared. In spite of some diversion in theme, contents and in

detailed arrangement of verses, the new indigenous Mizo Christian hymn

appears to be a further development upon the Tlanglam zai” (Lawmsanga,

2010, p. 168).

The first written form of the Hmar language is found in G.A.

Grierson’s Linguistic Survey of India Vol. III Part III (Tibeto-Burman Family: Kuki-

Chin & Burma Groups), 1904. Here Luke 15:11-32, translated by Major J.

Shakespear is found. Famous Hmar writer L. Keivom is of the opinion

that the helper of Major J. Shakespear in this translation work can be

a Biate as ‘ia’ (Biate word) was used instead of present Hmar usage of

‘ie’; and ‘ua’ (Biate word) was used instead of ‘uo’, the present Hmar

usage (Keivom, 2010).

SOCIAL STRUCTURE:

Kalim Kabur (Traditional Institution):

The Kalim Kabur system of administration, which is practised till

today, was adopted by the Biates while they were in Rengram, i.e.

Tipperah (present Tripura) living together with other communities

like the Rangkhol, the Sakachep, and other Halam communities as

the Biates were more related with these communities during the

course of their migration (L. Muani Darnei, 2012, p. 3). Kalim is

the head of the Biate Halam or Customary Laws and of the whole

affairs of the Biate tribe. The Kabur is the Deputy to him. At

the village level, the duty of the Kalim is performed by the

“Siar Kalim” and the duty of the Kabur is performed by the

“Chor”. According to Ngamthangkhupa Darnei, it was the Rangkhol

Thiampu (priest) called Dentepa, who served under the ancient

King of Tripura, who introduced the terminologies, ‘Kalim Kabur’ and

the whole system of governance. Basically their duty was to

collect Khazana (tax) and to help the King during fights and

battles (Ngamthangkhupa Darnei, 2011, p. 103). Kalim Kabur is not a

Biate word, the word Kalim in Rangkhol is derived from ‘Ka’=self,

‘Lim’= absolve/plead/passed i.e. representing the God of the

community, who would stand by at any cost to protect and plead

for them to the adjudicator and referred to as the Kalimpa

(masculine); Kabur from ‘ka’=self, ‘bur’= unclean/burden/share,

i.e. representing the God who shares the incompleteness of the

common human beings, and referred as the Kaburnu (feminine) even

though it is a male who occupies this office. The Kalim Kabur is

believed and expected to have both a fatherly and motherly figure

and characteristics, as it is the highest traditional court where

judgments and compromises over quarrel and fights, land and

matrimonial disputes, customary laws and decrees are made. In

their judgment they are to do so with motherly nature of love,

compassion and concern (L. Muani Darnei, 2012, p. 3).

Social Set-Up or Clans of Biate Tribe:

The Biates have five major Clans with each Clan having its own

sub-clans. They are as follows:

Major Clans Sub-Clans

1. Nampui -Munring-chungngol, Don-chungngol, Fathlei,

Kungte, Rangchal, Ngenrang,

Thianglai, Pungte, Khongul, Lungṭau, Roichen

and Thoisir.

2. Darnei - Thangbei, Khoreng and Lungoi

3. Ngamlai - Ranglem, Durpui, Jamate, Sonlen and Darngon

4. Ngirsim or Lalsim -Ngaite, Zate and Riamate

5. Thiaite (Thieite) -Khampuia, Ralvonga, Failing and

Subuma (Rolianthang Lalsim, 1999, p. 5).

Position of Women in Biate Patriarchal Society:

The “unique feature in their social system is the prevailing form

of matriliny-cum-patriliny” (Pakem, 1984, p. 268). “The Biate

family lies somewhere … in between a matriarchal and a

patriarchal family” (Pakem, 1984, p. 277). The Biate society is a

patriarchal society. But it is the mark of Biate society that

women hold a very respectable place in the Biate society and

family. A Biate married man has to serve the in laws for seven

years traditionally. But this has been reduced to around three

years in practice nowadays. This service is called maksin

(service of son-in-law). Maksin is the time to test the son-in-

law to be a good husband (L. Muani Darnei, 2011, pp.7-8).

In times of unfaithfulness of the husband the woman has the

support of the society. A women association called “nurual” is

formed to take necessary action. The unfaithful husband and the

woman involved in the act of unfaithfulness are so punished that

they would not dare to repeat the mistake. If a husband decides

to divorce the wife because of his unfaithfulness their children

are given to the care of the mother and the children take the

family name/surname of the woman’s father (L. Muani Darnei, 2011,

pp. 8-9).

All the above shows that though the Biate society is patriarchal,

women are very much respected and upheld in Biate society.

Therefore, the Biates may be considered a link between patriliny

and matriliny or in between patriarchal and matriarchal society

based on the grounds mentioned above.

Zolbuk:

Another social organisation worth mentioning is the boys or

bachelors’ dormitory or “Zolbuk”. “Zol” means plain surface and

“buk” means club or hall. Therefore “Zolbuk” is a bachelors’

dormitory usually in the middle of the village. This used to be a

traditional school where young people were trained in art of self

defense (form of wrestling and martial art), customs, and mores

of the society. This very valuable institution has gone out of

existence. Today, the formal school system, the youth

organisations and the youth clubs have replaced the “Zolbuk”

(Pakem, 1984, 280).

Biate Nature:

As the name Biate itself means worshippers and sympathetic or

gentle ones (as explained in the introduction and chapter one)

the Biates are spiritually and religiously devoted from the time

of their primal religious beliefs to their present Christian

faith. They are meek and gentle. This nature very well

compliments their language, which also is a very sweet language.

Their fellow tribes and neighbours recognised them as a soft

spoken tribe because of their nature and the softness and

sweetness of their language.

Stewart (1855) writes “their good natured dispositions, has

established a general respect for them in the minds of their

neighbours, the Nagas and Mikirs” (Stewart, 1855, p. 618).

Stewart (1855) also said that they are considered the best

subjects in Northern Cachar, being peaceable and regular in the

payment of their rents (Stewart, 1855, p. 618) and they clothe

themselves decently and affect modesty unknown to the other rude

tribes of these hills (Stewart, 1855, p. 619).

The Biates are reserved and undemanding. They do not easily

express their emotions and do not easily vent their anger and

dissatisfaction. They do not even demand which is rightfully

theirs. They strongly believe in a just society. They have a

strong character embedded in justice and peace. Because of this

they can peacefully co-exist with their neighbours. They are

peace loving and believe in peaceful and diplomatic resolutions

to conflicts.

The Biates have a sense of civility. They have polite, reasonable

and respectful behaviour.

The Biates have the attitude of “Tlomringaina” (selflessness or

altruism). They are concern for the welfare of one another and

selflessly contribute towards this. They have a communitarian

nature with the commitment for a wholesome society. They love to

live in community.

The Biates stand for the principles of good citizenship. They are

responsible community members. They faithfully and obediently

contribute to the nation building.

SOCIO-ECONOMIC POSITION:

Agrarian Society:

The Biate population is concentrated mainly in remote rural

villages with poor infrastructure and development departments.

Shifting cultivation/jhuming is their main occupation. They are

also dependent on the products of the jungle in terms of

vegetables, canes and woods for their livelihood. They do not

have proper access to the Government schemes and facilities for

better agricultural products. If they get proper schemes,

equipments and know how their land would be a land flowing with

milk and honey. They are sustainable in all their walks of life.

They make use of traditional manure in their cultivation. Their

veterinary efforts are also without any help of modern medicines.

Their area is backward, neglected and deprived from the larger

community. The people are totally dependent on agricultural work

to earn their livelihood. The land is not fertile due to frequent

burning of jungles. With deforestation, the sources of

maintaining natural fertility of the soil have been drying out.

Irrigation facilities is also far from adequate and the concerned

area is totally dependent on monsoon rain for agricultural feed,

with the risks involved like the insurance against crop failure

due to abnormal conditions caused by droughts.

Almost all the entire population of the Biate people can be

classified as agriculturists or farmers like other hill tribes of

Northeast India. Agriculture is their main occupation. About 85

or 90 percent are cultivators. They have been practicing shifting

(Jhum) cultivation in the hills from time immemorial. But, it has

now become a destructive system of cutting down the forest trees

and by burning after drying under the sun. In some villages, the

inhabitants have taken to a more settled way of life through wet

cultivation. Wet rice cultivation began only in the post-

independence period. Their method of cultivation is however

primitive. The main crop is rice though they also grow maize,

ginger and all kinds of vegetables like potatoes, yam, cucumber,

chilly, beans, etc. Weeding is done two to three times a year,

and they can hardly cultivate a few acres of the land in a year.

The Jhum is good only for one year, and the following year the

cultivators have to shift to another place. When their daily

income is calculated for the jhum that they worked upon for the

whole year, it is very minimal. Hence, the production is not

sufficient and at the same time this practice is wasteful for the

community as a whole.

Production of rice for self-support in Biate area is not much,

and a large quantity of rice has to be imported from other areas.

Many farmers are willing to have a permanent wet cultivation

wherever suitable plain is available. But most of the farmers

cannot afford to plough or construct terraces for wet cultivation

due to poverty. Deforestation through shifting (Jhum) cultivation

has caused ecological disturbances like soil erosion, landslides,

less monsoon and the likes now. Therefore, the government has to

take initiative to convert Jhum to permanent cultivation by

allotting suitable help to rural poor families. In order to help

the Biates to earn their livelihood from their agricultural

products development in road communication is needed. Otherwise

the people have to walk by foot for many hours to sell their

agricultural products by carrying them on their heads.

Other Livelihood Activities:

Apart from jhuming cultivation, some Biate people engaged in

activities like burning charcoal, though knowing that the

consequence is deforestation but they are left with no other

options. Some also engaged in collecting forests products like

moss (changpan), orchid (parzuek & senri) and mushrooms for

commercial purposes. The peak season for orchid is November,

December and January; peak season for mushrooms is May, June and

July and for moss is the whole season. They have been into these

activities since many years and now these resources have become

scarce.

Livestock is integral to the livelihood of the families. Most of

the household used to rear hens, pigs and cattle in small scale.

Though livestock is profitable, it is not possible to rear in

large scale because they are at a risk to get infected with

zoonotic diseases, since the veterinary departments are located

far away from the Biate villages.

Lower Middle Class:

Their main occupations are agriculture, small businesses and

lower grade Government jobs. More than 95 percent of them are of

lower middle class status. Even the poorest may not be below

poverty line as underlined by the Government. Their monetary

income is quite low but they have rich resources. Some who are in

towns and smaller urban areas are well off. These poor people are

not much accessible to the Government schemes for the poor. Even

if they get, it is usually that which comes after much trickling

down in amount from the top to the bottom. There is a very

minimal economic developmental package from the states’ and

central government sides.

Carpentry and Handicraft:

There is no industry in the Biate area, even the industrial

project training centre is far away for the Biate people. Though

the Biates do not have access to industry and training centre

there are carpenters in every village. The father of the family

is the carpenter because he constructs the house for his family,

and he can weave different kinds of baskets for household

instruments such as baskets for carrying firewood, water, paddy

and vegetables. Typical Biate baskets are made generally out of

cane and bamboo. Other items such as chairs, stools, sofas,

tables, bamboo screens and cages, caps, etc., are also made.

Apart from family instruments some Biate men are expert

carpenters and they earn their livelihood through carpentry works

such as construction of the modern house, different kinds of

furniture like chairs, tables, almirahs, stools, etc.

The Biates have different types of baskets. One of their

artistically designed baskets called Rel is strong and last for

long time. Rel is regarded as valuable instrument in every

family. Rel is made of two layers, upper layer and inner layer.

The upper layer is usually made of cane and the inner layer of

bamboo. It is used for keeping the valuables of the household

like traditional clothes, garments for important occasions, etc.

This is highly regarded in the Biate society. Parents especially

regard it as a must for their daughter when she goes to her

husband’s house.

HISTORY OF GOVERNMENTS' PROVISIONS FOR THE BIATE TRIBE:

Governments' Provisions for Self Governance of the Biates in

Assam:

Mukza: As per the “Biate Namtin Devan” (Biate Clans Council)

records the Biates have Mukza or Sirdar from around 1800 C.E.

from the then United Assam. It is recorded that four Sirdars

(Darchongthanga Thianglai, Vanlalpuia Thianglai, Haipuia Darnei

and Chonte Nampui) preceded the first officially recorded

Mukza/Sirdar in 1854. The first officially recorded Biate Sirdar

was Lalthatlura Thiaite in 1854 from the then North Cachar Hills

Sub-Division of Assam (Pakem, 1984, p. 290-291).

MDC/MAC Constituency: Mr. C.T. Thanga, a Biate leader, got

elected from Kamphai Constituency in 1952 North Cachar Hills

District Council election. He was elected as the Deputy Chairman

in the North Cachar Hills District Council. A separate

Constituency for the Biates in North Cachar Hills was formed with

effect from the 1968 election to the District Council with the

name Kharthong Constituency. Kharthong was divided into Upper

Kharthong and Lower Kharthong, with effect from the 2006 election

to Dima Hasao District with the Biates in absolute minority in

Lower Kharthong. The following is the lists of MDCs & MACs:1. Late Mr. C.T. Thanga, 1952-1955. Because of his untimely demise

to fill the term for 1955-1957, Late Mr. Roia Biate was elected.

2. Mr. Thianga Nampui, 1968-1973 and 1973-1980.

3. Mr. J.C. Renga Biate, 1980-1996 for three terms.

4. Mr. Rualkhupa Biate, 1996-2001.

5. Mr. Thianga Nampui, 2001-2006.

6. Mr. Lungama Nampui, 2006-2013.

7. Mr. Laljoshua Biate, 2013-.

New Sangbar Development Block: The New Sangbar Development Block

of Dima Hasao District came to existence on September 4, 1996

with its Block Office at New Sangbar village. Before this, the

Biate inhabited areas were under Harangajao Development Block of

Dima Hasao.

Governments' Provisions for Self Governance of the Biates in

Meghalaya:

Saipung Elaka/Sirdarship: Elaka/Sirdarship pertains to land

tenure system in Jaintia Hills District. The District is divided

into 19 Elakas and Saipung Elaka is one of them. Saipung area was

attached to Khasi Jaintia Hills District in 1864 (Pakem, 1984, p.

291). The first Biate Sirdar of Saipung area was Ṭoichonlura

in1879. He was officially elected on 6 August 1879 by Mr. S.E.

Ritta, Assistant to the Deputy Commissioner Sub-Divisional

Office, Jowai. The Saipung Sirdarship boundary was issued

officially on 3rd June, 1892 by the then Extra Assistant

Commissioner of Jowai, Mr. S.E. Ritta in 1892 after a formal

survey was done. After Independence, during the period when the

area was a part of unified Assam, when the United Khasi and

Jaintia Hills Autonomous District Council was formed, the Biate

Sirdars and Headmen were recognised and appointed by the United

Khasi and Jaintia Hills Autonomous District Council from 1959

till 1967 in accordance to the Appointment and Succession of

Chiefs and Headmen, Act No-II of 1959 the 21st October 1959;

subsequently, by the Jowai Autonomous District Council and until

presently by the Jaintia Hills Autonomous District Council. The

Sirdar/Mukza is shared by the five clans in rotation for five

years. It may be noted that there are only five clans in Biate

community namely the Nampui, Darnei, Ngamlai, Ngirsim (Lalsim)

and Thiaite. The Sirdar is selected by the clan council called

Parual Rison or Parual Devan which consists of the heads of families

from all the villages. After a name has been proposed, his name

will be sent to the five clan council called Nam Ringa Devan or

Namtin Devan for approval and then to the Jaintia Hills Autonomous

District Council for his appointment. At present the Sirdar is

from the clan of Darnei of Thangbei sub-clan.

Sirdars: 1. Mr. Ṭoichonlura Ngamlai (Sonlen), 1879-1899. First Sirdar of the

Biates in East Jaintia Hills District of Meghalaya (Pakem, 1984,

p. 291).

2. Mr. Lalruma Ngamlai, 1899-1901.

3. Mr. Saia Kungte, 1901-1922.

4. Mr.Thanga Thiaite, 1922-1931.

5. Mr. Thlunga Thiaite, 1931-1940.

6. Mr. Lalla Darnei, 1940-1950.

7. Mr. Liana Ngaite, 1950-1957.

8. Mr. Lalchonga Nampui (Phungte), 1957-1969.

9. Mr. T.C.Liana Ngamlai, 1969-1979.

10. Mr. Lalkhupa Thiaite, 1979-1984.

11. Mr. Lalla Darnei, 1984-1989.

12. Mr. Liana Ngirsim, 1989-1995.

13. Mr. Thangkhupa Nampui, 1995-2001.

14. Mr. Roithanga Durpui, 2001-2006.

15. Mr. R.T. Khupa Thiaite, 2007–2012.

16. Mr. R. T. Moia Darnei, 2013-.

Saipung District Council Constituency: In 1952, when Saipung was

a part of the then unified Assam, the United Khasi and Jaintia

Hills Autonomous District Council was created and the Biates did

not yet have an MDC representative of their own. When the United

Khasi and Jaintia Hills District Council was bifurcated, in 1967

under the Jowai Autonomous District Council, one MDC

Constituency, 12-Saipung District Council constituency, was

especially given to the Biates to protect and safeguard the

interest of the minor but indigenous community in spite of the

low population. Today in the present Jaintia Hills Autonomous

District Council it is included as the 11-Saipung District

Council Constituency. Jaintia Hills District was bifurcated into

East and West Jaintia Hills Districts on July 2012. The following

is the list of MDCs of Saipung District Council Constituency:

1) Late Mr. C. K. Nampui, 1967 – 1978.

2) Mr. T. K. Darnei, 1978 – 1983, 1989–1999 and 2006–2009.

3) Late Mr. Thianga Ngamlai, 1983–1989 and 2004–2005.

4) Mr. R. T. Moia Darnei, 1999–2004.

5) Mr. A. H. Darnei, 2009–2013 & 2014-.

Saipung Community and Rural Development Block: In the 1950’s

Saipung area fell under Saipung-Darrang multipurpose Block, later

the Block bifurcated into the Khliehriat Block and Amlarem Block

and Saipung was attached to the Khliehriat Block. Saipung C & RD

(Community and Rural Development) Block came into existence on

16th April, 2002 with its Block Office at Saipung village.

Saipung C & RD Block area constitutes half of the area of East

Jaintia Hills District with Khliehriat Block constituting the

other half of the District area.

Saipung Reserve Forest: Saipung Reserve forest within Saipung

Elaka is the first Reserved Forest in Meghalaya and one of the

oldest in the whole of Northeast which was forcibly declared by

the British (vide Notification No. 26 dated 25th July 1876). This

could be verified by looking at Saipung Reserve Forest Maps of

1876, 1972 and the Topographic Map of 1936. The names of rivers,

hills, mountains, etc given from those times and which are still

in use are in Biate language. The area of Saipung Reserve Forest

is 50 square miles (Handique, 2004, p. 71).

The Constitution (Scheduled Tribes) Order, 1950 (As amended from

time to time) and the Biate Tribe:

The Constitution (Scheduled Tribes) Order, 1950 has been modified

and amended from time to time. Those which specify the Biate

tribe under Kuki or Any Kuki will be dealt with here.

1. The Constitution (Scheduled Tribes) Order, 1950 The Schedule

Part I Assam in the Autonomous Districts included the Biate

tribe within Any Kuki tribes, though sub-entry for the name

Biate is not given (The Constitution (Scheduled Tribes) Order, 1950.

The Schedule Part I Assam).

2. The Constitution (Scheduled Tribes) (Parts C States) Order,

1951 The Schedule Part VI Manipur Throughout the State

included the Biate tribe within Any Kuki tribes, though sub-

entry for the name Biate is not given (The Constitution (Scheduled

Tribes) (Parts C States) Order, 1951. The Schedule Part VI Manipur).

Part VII Tripura Throughout the State is supposed to include

the Biate tribe within Kuki though sub-entry for the name

Biate is not given (The Constitution (Scheduled Tribes) (Parts C States)

Order, 1951. The Schedule Part VII Tripura).

3. The Scheduled Castes And Scheduled Tribes Lists Modification

Order, 1956 Schedule III (Note:- Schedule I and Schedule

II to this Order relate to the list of Scheduled Caste) Part

II- Assam In the Autonomous Districts specified:- Any Kuki

Tribes, including :- (i) Biate or Biete.

Schedule IV Part II—Manipur Throughout the Union Territory:-

“Any Kuki tribes” entry of 1951 was sub-divided into 29

tribes and the name Kuki itself disappeared. But the Biates

were not given a separate tribe status though they are very

much present in Manipur.

Part III—Tripura Throughout the Union Territory did not

include the Biate tribe in the entry “Kuki, including the

following sub-tribes.” (The Scheduled Castes and Scheduled Tribes Lists

Modification Order, 1956. Schedule III Part II- Assam, Schedule IV

Part II-Manipur & Part III-Tripura.).

4. The Scheduled Castes And Scheduled Tribes Orders (Amendment)

Act, 1976 The Second Schedule Part XI-Meghalaya specified

the Biate tribe as Any Kuki tribes, including:-(i) Biate,

Biete (The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act,

1976. The Second Schedule Part XI-Meghalaya).

5. The Scheduled Castes And Scheduled Tribes Orders (Amendment)

Act, 1986 Third Schedule Part XVII–Mizoram (w.e.f.

20.02.1987) specified the Biate tribe as Any Kuki tribes,

including:-(i) Baite or Beite (The Scheduled Castes and Scheduled

Tribes Orders (Amendment) Act, 1986. Third Schedule Part XVII –

Mizoram).

6. The Scheduled Castes and Scheduled Tribes Orders (Amendment)

Act, 2002 The Second Schedule Part X–Manipur again brought

out the specification Any Kuki tribes which was done away

with by the The Scheduled Castes And Scheduled Tribes Lists

Modification Order, 1956 (The Scheduled Castes and Scheduled Tribes

Orders (Amendment) Act, 2002. The Second Schedule Part X–

Manipur). It is to be noted that the Any Kuki Tribes for

this specification has included the Biate tribe in their

memorandum (Memorandum Submitted to Shri Rajiv Gandhi,

1987).

POLITICAL POSITION:

The Political Structure of the Biate Society:

Biate society is democratic and egalitarian and they have no

hereditary Chiefs or Kings unlike the surrounding dominant

communities (Stewart, 1855, p. 620). The term ‘Kalim Kabur’ is now

synonymous with the traditional Institution. Politically the

Biates have two parallel organisations, the modern political

institution handling the governmental functions and issues and

the traditional political institution looking after the customary

laws and practices. The modern political institution includes the

Sirdarship/Mukzaship/Dolloiship and the Gaonburaship/Headmanship.

The Sirdar, Mukza or Dolloi is the head of an Elaka pertaining to

land tenure system. At the village level the governmental

function is carried out by the Headman and the Secretary who are

being elected or selected by the Village Council and duly

endorsed and appointed by the respective District Administration.

The Sirdarship/Mukzaship and Gaonburaship/Headmanship are all

shared by the five main clans in rotation for five years (Pakem,

1984, p. 281).

The office of Kalim Kabur is also losing its significance because

of the present Governmental and administrative structure which

supersedes the traditional norms in many areas like marriage,

divorce, cases of theft, case of violence and injury, case of

land dispute, etc. Due to the emerging situations such as ethnic

problems and violence in Northeast India, the formation of new

organisation such as General Biate Devanpui (General Biate Apex

Body) has been necessitated; thereby a shift from the traditional

institution of Kalim Kabur is taking place.

Political Representation:

The Biates have a lone Member of District Council and Member of

Autonomous Council Constituencies in East Jaintia Hills District

Meghalaya and Dima Hasao District Assam respectively in spite of

their age old settlement with some form of governance in Assam

and Meghalaya as mentioned above.

FINDINGS:

The researcher has found out that the Biates are peace loving

community never taking the path of violence in their efforts for

survival.

The researcher has found out that the Biates are politically and

economically deprived. They are poor and isolated in remote areas

and depend mainly on their own efforts and products.

The researcher has found out that the Biate society is a

wholesome society and communitarian by nature. They are for

sustainable means of livelihood; and peace and justice in the

society.

The researcher has found out that women has a very respected and

important role in a Biate family and society.

CHAPTER 3

ETHNIC MINORITY RIGHTS OF THE WORLD AND ETHNIC MINORITY

RIGHTS IN THE INDIAN CONSTITUTION

INTRODUCTION:

In this third Chapter, the researcher will deal with select

ethnic minority rights of the world at large and with ethnic

minority rights in the Indian Constitution, especially provisions

for the Scheduled tribes. The researcher will also deal with

Government of India’s efforts for ethnic minorities, especially

Scheduled tribes. The last section will be the findings.

SELECT ETHNIC MINORITY RIGHTS OF THE WORLD AT LARGE:

United Nations Charter:5

Preamble to the United Nations Charter says “We the people of the

United Nations determined...to affirm faith in fundamental human

rights, in the equal rights of men and women and of nations large

and small. In Article 1 the purposes of the United Nations are

given “...respect for the principle of equal rights and self

determination of peoples... promoting and encouraging respect for

human rights and for fundamental freedoms for all without

distinction as to race, sex, language, or religion...”

Universal Declaration of Human Rights:6

5 United Nations Charter. Signed 26 June 1945, Location San Francisco,California, United States. Effective 24 October 1945. It was signed at theconclusion of the United Nations Conference on International Organization.The Charter of the United Nations is the foundational treaty ofthe international organization called the United Nations.

6 The Universal Declaration of Human Rights, which was adopted by the UNGeneral Assembly on 10 December 1948, was the result of the experience of theSecond World War. With the end of that war, and the creation of the UnitedNations, the international community vowed never again to allow atrocitieslike those of that conflict happen again. World leaders decided to complementthe UN Charter with a road map to guarantee the rights of every individualeverywhere.

The principles of this Declaration stand for ... Fundamental

freedoms and human rights. Though not legally binding it has been

adopted in or has influence most national constitutions.

International Covenant on Economic, Social and Cultural Rights:7

PART I Article 1 the first entry says “All peoples have the right of

self-determination. By virtue of that right they freely determine

their political status and freely pursue their economic, social

and cultural development.”

PART 1 Article 1 the third entry says “The States Parties to the

present Covenant, including those having responsibility for the

administration of Non-Self-Governing and Trust Territories, shall

promote the realisation of the right of self-determination, and

shall respect that right, in conformity with the provisions of

the Charter of the United Nations.”

PART II Article 2 first entry says “Each State Party to the present

Covenant undertakes to take steps, individually and through

international assistance and co-operation, especially economic

and technical, to the maximum of its available resources, with a

view to achieving progressively the full realisation of the

rights recognised in the present Covenant by all appropriate

7 Adopted and opened for signature, ratification and accession by UnitedNations General Assembly resolution 2200A (XXI) of 16 December 1966. Entryinto force 3 January 1976, in accordance with article 27.

means, including particularly the adoption of legislative

measures.”

PART II Article 2 the second entry says “The States Parties to the

present Covenant undertake to guarantee that the rights

enunciated in the present Covenant will be exercised without

discrimination of any kind as to race, colour, sex, language,

religion, political or other opinion, national or social origin,

property, birth or other status.”

PART III Article 7 says “The States Parties to the present Covenant

recognise the right of everyone to the enjoyment of just and

favourable conditions of work which ensure, in particular:… (c)

Equal opportunity for everyone to be promoted in his employment

to an appropriate higher level, subject to no considerations

other than those of seniority and competence…”

International Covenant on Civil and Political Rights:8

PART I Article 1 first entry says “All peoples have the right of

self-determination. By virtue of that right they freely determine

their political status and freely pursue their economic, social

and cultural development.”

8 Adopted and opened for signature, ratification and accession by UnitedNations General Assembly resolution 2200 A (XXI) of 16 December 1966. Entryinto Force: 23 March 1976, in accordance with Article 49.

Declaration on the Rights of Persons Belonging to National or

Ethnic, Religious and Linguistic Minorities:9

Article 1

1. States shall protect the existence and the national or ethnic,

cultural, religious and linguistic identity of minorities within

their respective territories and shall encourage conditions for

the promotion of that identity.

2. States shall adopt appropriate legislative and other measures

to achieve those ends.

Article 2

1. Persons belonging to national or ethnic, religious and

linguistic minorities (herein after referred to as persons

belonging to minorities) have the right to enjoy their own

culture, to profess and practise their own religion, and to use

their own language, in private and in public, freely and without

interference or any form of discrimination.

2. Persons belonging to minorities have the right to participate

effectively in cultural, religious, social, economic and public

life.

3. Persons belonging to minorities have the right to participate

effectively in decisions on the national and, where appropriate,

regional level concerning the minority to which they belong or

9 United Nations General Assembly 1992 A/RES/47/135.

the regions in which they live, in a manner not incompatible with

national legislation.

4. Persons belonging to minorities have the right to establish

and maintain their own associations.

5. Persons belonging to minorities have the right to establish

and maintain, without any discrimination, free and peaceful

contacts with other members of their group and with persons

belonging to other minorities, as well as contacts across

frontiers with citizens of other States to whom they are related

by national or ethnic, religious or linguistic ties.

Article 3

1. Persons belonging to minorities may exercise their rights,

including those set forth in the present Declaration,

individually as well as in community with other members of their

group, without any discrimination.

2. No disadvantage shall result for any person belonging to a

minority as the consequence of the exercise or non-exercise of

the rights set forth in the present Declaration.

Article 4

1. States shall take measures where required to ensure that

persons belonging to minorities may exercise fully and

effectively all their human rights and fundamental freedoms

without any discrimination and in full equality before the law.

2. States shall take measures to create favourable conditions to

enable persons belonging to minorities to express their

characteristics and to develop their culture, language, religion,

traditions and customs, except where specific practices are in

violation of national law and contrary to international

standards.

3. States should take appropriate measures so that, wherever

possible, persons belonging to minorities may have adequate

opportunities to learn their mother tongue or to have instruction

in their mother tongue.

4. States should, where appropriate, take measures in the field

of education, in order to encourage knowledge of the history,

traditions, language and culture of the minorities existing

within their territory. Persons belonging to minorities should

have adequate opportunities to gain knowledge of the society as a

whole.

5. States should consider appropriate measures so that persons

belonging to minorities may participate fully in the economic

progress and development in their country.

Article 5

1. National policies and programmes shall be planned and

implemented with due regard for the legitimate interests of

persons belonging to minorities.

2. Programmes of cooperation and assistance among States should

be planned and implemented with due regard for the legitimate

interests of persons belonging to minorities.

Article 6

States should cooperate on questions relating to persons

belonging to minorities, inter alia, exchanging information and

experiences, in order to promote mutual understanding and

confidence.

Article 7

States should cooperate in order to promote respect for the

rights set forth in the present Declaration.

Article 8

1. Nothing in the present Declaration shall prevent the

fulfillment of international obligations of States in relation to

persons belonging to minorities. In particular, States shall

fulfill in good faith the obligations and commitments they have

assumed under international treaties and agreements to which they

are parties.

2. The exercise of the rights set forth in the present

Declaration shall not prejudice the enjoyment by all persons of

universally recognised human rights and fundamental freedoms.

3. Measures taken by States to ensure the effective enjoyment of

the rights set forth in the present Declaration shall not prima

facie be considered contrary to the principle of equality

contained in the Universal Declaration of Human Rights.

4. Nothing in the present Declaration may be construed as

permitting any activity contrary to the purposes and principles

of the United Nations, including sovereign equality, territorial

integrity and political independence of States.

Article 9

The specialised agencies and other organisations of the United

Nations system shall contribute to the full realisation of the

rights and principles set forth in the present Declaration,

within their respective fields of competence.

ETHNIC MINORITY RIGHTS IN THE INDIAN CONSTITUTION:

The Preamble to the Constitution of India lays down the perfect

foundation for a Sovereign Socialist Secular Democratic Republic

India and to secure to all its citizens: Justice, Liberty

Equality and Fraternity. The Preamble provides the foundation for

ethnic minority rights in the Indian Constitution.

The Indian Constitution has provisions to protect tribal

interests, especially tribal autonomy and their rights over

land, through Fifth and Sixth Schedules. Scheduled Areas of

Article 244(1) are notified as per the Fifth Schedule and Tribal

Areas of Article 244(2) are notified as per the Sixth Schedule.

Sixth Schedule covers some tribal areas of Northeast region in

the states of Meghalaya, Mizoram, Tripura and Assam, including

Karbi Anglong and Dima Hasao. This Sixth Schedule provides for

establishing autonomous district councils and autonomous regions

empowered with legislative, judicial, executive and financial

powers.

It is appropriate to mention here what B.R. Ambedkar the Chairman

of the Drafting Committee of the Indian Constitution has

advocated for the rights of the disadvantaged groups in India as

supportive polity measures, though these were not seen by him as

appropriate to all the disadvantaged groups. First, he demanded

for an autonomous political representation for the disadvantaged

groups in the political institutions of decision-making. Second,

he demanded for reservation for the disadvantaged groups in

public employment, provided their eligiblity for a particular job

is complete. Third, he demanded for extensive supportive policy

measures for the disadvantaged groups that the the benefits of

various development and welfare measures that a state undertake

can be extended to them (Chakrabarty & Pandey, 2009, pp. 97-98).

These definitive political safeguards, reservation and extensive

supportive policy measures for the disadvantaged groups have

indeed been reflected in the Indian Constitution and the Indian

Constitution is pro-equality, pro-freedom and pro-opportunity.

Now the need is that these supportive polity measures for the

disadvantaged groups should be justly administered.

Definition and Specification of Scheduled Tribes: Article 342 Scheduled Tribes: 1. The President may with respect

to any State or Union Territory, and where it is a State, after

consultation with the Governor thereof, by public notification,

specify the tribes, or tribal communities or parts of or groups

within tribes or tribal communities which shall for the purposes

of this Constitution be deemed to be Scheduled Tribes in relation

to that State or Union Territory, as the case may be.

2. Parliament may by law include in or exclude from the list of

Scheduled Tribes specified in a notification issued under clause

(2) any tribe or tribal community or part of or group within any

tribe or tribal community, but save as aforesaid a notification

issued under the said clause shall not be varied by any

subsequent notification.

Article 366 Definitions: In this Constitution, unless the context

otherwise requires, the following expressions have the meanings

hereby respectively assigned to them, that is to say - (25)

"Scheduled Tribes" means such tribes or tribal communities or

parts of or groups within such tribes or tribal communities as

are deemed under article 342 to be Scheduled Tribes for the

purposes of this Constitution (Documents of Ministry of Tribal

Affairs, Constitutional Provisions, Provisions relating to STs,

1999).

Part III Fundamental Rights:

Right to Equality

15. Prohibition of discrimination on grounds of religion, race,

caste, sex or place of birth.—(1) The State shall not discriminate

against any citizen on grounds only of religion, race, caste, sex,

place of birth or any of them.

(4) Nothing in this article or in clause (2) of article 29 shall

prevent the State from making any special provision for the

advancement of any socially and educationally backward classes of

citizens or for the Scheduled Castes and the Scheduled Tribes.

16. Equality of opportunity in matters of public employment.—(1)

There shall be equality of opportunity for all citizens in

matters relating to employment or appointment to any office underthe State.

(2) No citizen shall, on grounds only of religion, race, caste,

sex, descent, place of birth, residence or any of them, be

ineligible for, or discriminated against in respect of, any

employment or office under the State.

Cultural and Educational Rights

29. Protection of interests of minorities.—(1) Any section of the

citizens residing in the territory of India or any part thereof

having a distinct language, script or culture of its own shall have

the right to conserve the same.

30. Right of minorities to establish and administer educational

institutions.—(1) All minorities, whether based on religion or

language, shall have the right to establish and administer

educational institutions of their choice.

Part IV Directive Principles of State Policy:

46. Promotion of educational and economic interests of Scheduled

Castes, Scheduled Tribes and other weaker sections.—The State shall

promote with special care the educational and economic interests of

the weaker sections of the people, and, in particular, of the

Scheduled Castes and the Scheduled Tribes, and shall protect them

from social injustice and all forms of exploitation.

The Sixth Schedule [Articles 244(2) and 275(1)] Provisions as to

the Administration of Tribal Areas in the States of Assam,

Meghalaya, Tripura and Mizoram:

Sub-paragraph (2) of paragraph 1 of the Sixth Schedule says “If

there are different Scheduled Tribes in an autonomous district,

the Governor may, by public notification, divide the area or

areas inhabited by them into autonomous regions”.

Sub-paragraph (2) of paragraph 2 of the Sixth Schedule says

“There shall be a separate Regional Council for each area

constituted an autonomous region under sub-paragraph (2) of

paragraph 1 of this Schedule”.

Other Articles with Minority Rights:

Article 335.---Claims of Scheduled Castes and Scheduled Tribes to

services and posts.

Article 332 Reservation of seats for Scheduled Castes and

Scheduled Tribes in the Legislative Assemblies of the States.—

Seats shall be reserved for the Scheduled Castes and the

Scheduled Tribes, except the Scheduled Tribes in the autonomous

districts of Assam, in the Legislative Assembly of every State.

Article 350A Facilities for instruction in mother-tongue at

primary stage.---It shall be the endeavour of every State and of

every local authority within the State to provide adequate

facilities for instruction in the mother-tongue at the primary

stage of education to children belonging to linguistic minority

groups; and the President may issue such directions to any State

as he considers necessary or proper for securing the provision of

such facilities.

GOVERNMENT OF INDIA’S EFFORTS FOR ETHNIC MINORITIES, ESPECIALLY

SCHEDULED TRIBES:

The Government of India has the following major efforts for the

rights of the Scheduled Tribes; 1) Ministry of Tribal Affairs 2)

National Commission for Scheduled Tribes 3) National Human Rights

Commission and 4) Tribal Research Institutes.

Ministry of Tribal Affairs:

The Ministry was set up in 1999 after the bifurcation of Ministry

of Social Justice and Empowerment with the objective of providing

more focused approach on the integrated socio-economic

development of the Scheduled Tribes (STs), the most

underprivileged of the Indian Society, in a coordinated and

planned manner. Before the formation of the Ministry, tribal

affairs were handled by different Ministries.

The Ministry of Tribal Affairs is the nodal Ministry for overall

policy, planning and coordination of programmes for development

of ST’s. To this end, Ministry of Tribal Affairs has undertaken

activities that follow from the subjects allocated under the

Government of India (Allocation of Business) Rules, 1961. These

include:

1) Social security and social insurance to the Scheduled Tribes;

2) Tribal Welfare: Tribal welfare planning, project formulation,

research, evaluation, statistics and training;

3) Promotion and development of voluntary efforts on tribal

welfare;

4) Scheduled Tribes, including scholarship to students belonging

to such tribes;

5) Development of Scheduled Tribes.

5A) All matters including legislation relating to the rights of

forest dwelling Scheduled Tribes on forest lands.

Note: The Ministry of Tribal Affairs shall be the nodal Ministry

for overall policy, planning and coordination of programmes of

development for the Scheduled Tribes. In regard to sectoral

programmes and schemes of development of these communities

policy, planning, monitoring, evaluation etc. as also their

coordination will be the responsibility of the concerned Central

Ministries/Departments, State Governments and Union Territory

Administrations. Each Central Ministry/Department will be the

nodal Ministry or Department concerning its sector.

6)   (a) Scheduled Areas;

 (b) Regulations framed by the Governors of States for

Scheduled Areas;

7) (a) Commission to report on the administration of Scheduled

Areas and the welfare of the Scheduled Tribes; and

   (b) Issue of directions regarding the drawing up and execution

of schemes essential for the welfare of the Scheduled Tribes

in any State.

8) The National Commission for Scheduled Tribes;

9) Implementation of the Protection of Civil Rights Act, 1955 (22

of 1955) and the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (33 of 1989),

excluding administration of criminal justice in regard to

offences in so far as they relate to Scheduled Tribes (Documents

of Ministry of Tribal Affairs, 1999).

National Commission for Scheduled Tribes:

The National Commission for Scheduled Tribes has been set up

with effect from 19th February, 2004 by amending Article 338 and

by inserting a new Article 338A in the Constitution through the

Constitution (89th Amendment) Act, 2003 which, inter-alia,

enjoins upon the Commission to oversee the implementation of

various safeguards provided to Scheduled Tribes under the

Constitution or under any other law for time being in force or

under any other order of the Govt. and to evaluate the working of

such safeguards.

Duties and Functions of the Commission:

2.1 Constitution of India under Clause (5) of Article 338A has

assigned the following duties and functions to the Commission: -

(a) To investigate and monitor all matters relating to the

safeguards provided for the Scheduled Tribes under the

Constitution or under any other law for the time being in force

or under any order of the Government and to evaluate the working

of such safeguards;

(b) To inquire into specific complaints with respect to the

deprivation of rights and safeguards of the Scheduled Tribes; (c)

To participate and advise in the planning process of socio-

economic development of the Scheduled Tribes and to evaluate the

progress of their development under the Union and any State; (d)

To present to the President, annually and at such other times as

the Commission may deem fit, reports upon the working of those

safeguards.

(e) To make in such reports, recommendations as to the measures

that should be taken by the Union or any State for effective

implementation of those safeguards and other measures for the

protection, welfare and socio-economic development of the

Scheduled Tribes, and

(f) To discharge such other functions in relation to the

protection, welfare and development and advancement of the

Scheduled Tribes as the President may, subject to the provisions

of any law made by Parliament, by rule specify (NCST Pamphlet,

2014).

The National Commisssion for Scheduled Tribes has the North-East

Regional Office at Shillong. But it is sad to say that the

office is in bad condition with only two workers. The Regional

Office has not much co-operation from the concerned Central and

State authorities. The Regional Office has not been able to

perform its duties and functions satisfactorily (P. Syiemlieh,

Assistant Director NCST Northeast Regional Office, Shillong,

personal communication, August 26 & September 16, 2014).

National Human Rights Commission:

The National Human Rights Commission stands for the Rights of

Marginalised Sections. The Commission has shown special concern

towards the violation of the rights of Marginalised sections of

the population and has been active in: (besides other) 1) The

rights of Minorities, 2) Dalit and Tribal Issues, including

atrocities on Scheduled Castes/ Scheduled Tribes and 3) Problems

being faced by Denotified Tribes (National Human Rights

Commission, 1993).

Tribal Research Institute:

The Outlines of National Policy of the Tribal Research Institute

is as follows:

Aims

To undertake a systematic study and research in all aspect of

tribal life and economy which will help the Tribal Areas and the

Government in formulating the Development and Welfare Schemes for

the tribal people in the correct lines.

Objectives/Functions

1. Collection of factual information about the history, social

organisation, language, customs and manners, wedding, birth and

death ceremonies, customary laws and usages, system of

inheritance etc. so that the same can be used for the purpose of

compilation of monographs for each particular tribe resident in

the state.

2. To study the old monographs and writings on the customs,

social organisations, and other subjects mentioned in item (1)

above. Make a comparative study with the existing manners,

customs, etc. so that a clear picture can be had as to how far

there has been a deviation from the past and also to assess the

influence of this deviation on the way of like, beliefs, health,

morale, etc. of the people.

3. Collection of folk songs, folk tales, prayers, stories,

festivals, myths and fables.

4. Evaluation of the Welfare Works taken up since Independence

particularly noting their impact on the mind and psychology of

the people showing which of them harmonise with their modern way

of life and development, OR to what extend they are antagonistic

or otherwise to the way of life of the people based on their

tradition of self-reliance, family life, community life, etc.

5. To take up social economic survey of each Tribal village.

How To Approach

1. The Research Institute’s approach to the various objectives

above, should be that applied Anthropology or Philanthropology as

the principal aim. It should ascertain and know the growth of the

tribes from the dim past to the present so that Government can be

provided with basis and informed advice to plan for their welfare

in a manner not to prejudicial to the interests of the best that

is in them while at the same time attuning and acclimatising them

to modern development. In short, the approach will be not purely

scientific but one with an aim of its applicability to the

genuine welfare and progress of the people without cutting them

adrift from their moorings.

1.0. The Research Institute will concurrently try to find out

what the people actually like or dislike in the measures taken up

and how far those likes or dislikes affect their way of life

because of those measures.

1.1. As for Village Survey, the Research Institute should draw up

a detailed programme for such a survey in cooperation with the

statistical Department and complete the same according to a

phased programme.

Organisational Set–Up

The Institute will have a Director as its head who will work

under the direct control of the Tribal Areas and WBC Department.

It will have 5(five) Wings. viz. Training, Evaluation and

Planning, Economics, Cultural Anthropology and Language. Each

wing will be under the charge of Deputy Directors. In addition,

the Institute will have a Museum and a Library of its own (Tribal

Research Institute Outlines Of National Policy, 1963, pp. 1-3).

The Assam Institute of Research for Tribals and Scheduled Castes

was established in 1963 in the composite state of Assam. It is

situated in Jawaharnagar, Guwahati. With the creation of

Meghalaya and Mizoram the institute got divided. It became a

directorate in 1976 but was converted in to an institute in 1990.

It has been carrying out research, evaluation and training

progammes. It has done research studies on socio-economic

conditions, demographic situations and evaluation of

implementation of government schemes. It has a library of around

5000 titles. It has a video library with documentary films on

tribal cultural life. There is also a small museum of artefacts

of some tribal communities of the state (India Institutions,

Publications and Eminent Individuals Working on Minority Rights,

n.d.). It is sad to say that when the researcher visited the

Assam Institute of Research for Tribals and Scheduled Castes for

the purpose of this dissertation on 27 August 2014, there is only

one book mentioning the Biate tribe which is written by a Biate

writer Ramdina Lalsim10 and there are no materials at all

mentioning the Biate tribe. The Musuem also has no ethnographic

collections of the Biate tribe.

The Meghalaya Department of Arts and Culture was created on 1st

August 1988 to deal exclusively with the preservation of ancient

arts, culture and heritage including promotion and expansion of10 Lalsim, R. 2005. Tribes of N. C. Hills, Assam. Assam: Cultural and Publicity

Officer.

cultural activities in the State of Meghalaya. The function of

the department is divided into three broad objectives namely,

Performing Arts, Research and Library services. Under the

Performing Arts is the Institute of Arts & Culture. While

Research includes Anthropological Research (Tribal Research

Institute), Gazetteers, Historical and Antiquarian Studies,

Museum, Archaeology and Archives. And Library Services include

the State Central Library and the District Libraries etc. The

Tribal Research Institute is situated at Mawlai, Shillong

(Department/Office Profile, Arts and Culture Department, n.d.).

The Meghalaya State Musuem has some few Biate Cultural Materials.

Mr. Thangkhupa Darnei once presented a paper “Introduction of the

Biates: Lesser Known Tribes in Meghalaya” at a Seminar on A

Demographic Study of The Lesser Known Tribes in Meghalaya, 6-7

November, 1996, Organised by the Directorate of Art and Culture

Government of Meghalaya at the Central Library Hall, Shillong (T.

Darnei, 1996). The Biates should be included in various

Workshops, Seminars and programmes of the Department like “Tribal

Institution of Meghalaya”, “Customary Laws”, “Festival and

Ceremonies of Meghalaya” (Research, The Department of Arts and

Culture Meghalaya, n.d.) and so on which have been conducted in

the recent past.

FINDINGS:

From the study on ethnic minority rights of the world at large

and that of the Indian Constitution the researcher is able to

find out the following points:

1) The Biates should be recognised as separate Scheduled Tribe

in Assam, Meghalaya, Mizoram, Tripura and Manipur. This will

be taken up in detail in the next chapter.

2) That the Job Reservation in Meghalaya for the Biates needs

to be reviewed. This also will be taken up in detail in the

next chapter.

3) That the Central Government and the concerned States should

take necessary steps to preserve the Biate language.

4) That the Central Government should arrange for some

political autonomy as per the provisions of the Sixth

Schedule to the Constitution of India. This will also be

elaborated in the next chapter.

CHAPTER 4

THE PRESENT POSITION OF THE BIATE TRIBE AND ETHNICMINORITY RIGHTS: AN INTERRELATION

INTRODUCTION:

In this fourth Chapter the researcher will relate the presentposition of the Biate Tribe to select ethnic minority rights ofthe world at large and that of the Indian Constitution andsuggest the way forward out of the relation made. In other words,the researcher shall suggest policy initiatives as well aseffective outcome-oriented measures for the Biates. The lastsection will be the findings.

GENERAL PROBLEMS AND PROSPECTS:

Out of the study made so far the researcher will present somegeneral problems faced by the Biates and explore their prospectsas per ethnic minority rights which have so far been studied inthis dissertation.

Justice in the Context of the Biates:

The rights we have so far studied stands for justice. But therehave always been problems whenever justice is mentioned in thecontext of the socio-economic, cultural and political status of

the Biates. When justice is mentioned in the Biate context itmeans what the Government is for the Biates. Paul Marshall hasrightly pointed out that “Justice is: right relationships amongall the created order of things”. Democracy is all aboutrelationships and stands for right relationship and theGovernment is there to make people’s relationships right.Oppressions, deprivation and assimilation by the larger groupshave been the experience of the Biates in their history. In a wayit can be said it is because of the partisan administrativepolicies of the concerned Governments in administering theirpeople. This kind of injustice has always been the cause forviolent struggles for autonomy and nationalism. But the fact isthat small tribe like the Biates have never violently revoltedagainst the Government and against any authority. The Biates haveall along struggled justly against the injustices they faced inspite of the all-pervading problems. The Biates by nature arenever for violence even if this may seem to be the only way out.What is needed on the part of the concerned Governments is tobring about justice for ethnic minority like the Biates.

The Biates are far from the democratic principles enshrined inthe “Preamble and over all on our Constitution”. They have allbecome distant dreams for them. Though Biateram has rich naturalresources, the Biates are living in poverty because of poorinfrastructure, especially road and scientific know how. Hereonly the Government can come to their rescue.

The Biate Identity and the Question of Cultural Survival:

The Biate identity is in crisis though it is a very old tribe. Asit evolves in the midst of various identity struggles even thosewith violence, it has become reserved and dormant. TheConstitutional provisions for the preservation of even thesmallest tribe have not been experienced by the Biate tribe. Asmentioned above, the justice administration of the concerned

Governments have not always unleashed the potentiality of smalltribes like the Biates for their identity formation. In thissituation of Biate identity crisis only the Government canaddress their problems in identity formation. The outlines of thenational policy of The Tribal Research Institute have not beenfulfilled in the case of the Biate tribe in Northeast India. TheTribal Research Institutes of Assam and Meghalaya should doneeded research work on the Biates, preserve their identity(arts, culture and heritage) and promote cultural activities.

The Biate culture is in danger of assimilation or extinction forlack of its preservation and avenues for its display in this ageof modern developments. The Government needs to come to theirrescue by giving them needed aids in every possible means for itspreservation and provide avenues for its display. They have veryfew written literature in spite of their rich oral literature.They have very few channel of information in their language.

As has so far been pointed out the Biates have asserted theirseparate distinct identity as a peace and justice loving tribe.Their migration to their present settlement as early as the 12-13th centuries and the subsequent waves of their migration werebecause of their being alienated by their fellow tribes. TheBiates have been settling peacefully by themselves, but that theconcerned Governments have not given them the necessarysafeguards as they are still in identity crisis because ofgeographical division in Assam and Meghalaya and lack ofpolitical autonomy.

The Biate tribal society is communitarian in nature, and theyhave community benefits in mind in all their developmentpursuits. Each and every individual has the mindset of communitybenefit. But this has fast degenerated because of thecapitalistic-individualistic political philosophy and ideology.The Biate communitarian politics is an ideal political ideology

through which the Government can address the issues of the tribalpeople in this age of oppressive and discriminative capitalistic-individualistic political philosophy and ideology.

GOVERNMENT OF MEGHALAYA AND THE BIATES:

As has been so far presented the Biate tribe are the indigenoustribe of Meghalaya. Reputed Scholars in Meghalaya have presentedthe Biate tribe as part and parcel of the then united JaintiaHills District. Pakem (1990) and Pakyntein (n.d.) in theirresearch works presented the term Jaintia to denote a group ofpeople inhabiting Jaintia Hills district of Meghalaya andbelonging to the following sub-groups the Bhois, the Biates, theHadems, the Lalungs, the Pnars, and the Wars (Pakem, 1999, p. 80;Pakyntein, n.d.).

The Biate tribe in Meghalaya has recently begun to face problemsthreatening the very existence of their identity. There areissues of excluding the Biates from the Meghalaya Transfer ofLand Act and the Public Employment related safeguards. Moreover,the Hmar and Kuki community have been trying to bring the Biatetribe under their fold. The Hmar Community of Meghalaya hadsubmitted a Memorandum to the Chief Minister of Meghalaya on the19th of April 2001 praying for the inclusion of Hmar in thepropose amendment of Meghalaya Land Transfer Act. The whole ofBiate tribe was presented within Hmar in this Memorandum. Againon 14th May 2008, the Hmar community of Meghalaya submittedsimilar Memorandum to the Chief Minister of Meghalaya. The KukiTribes of Meghalaya in 2008 had submitted a Memorandum to theChief Minister of Meghalaya with the subject “Appeal forprotection and retention of Any Kuki Tribes in the list ofScheduled Tribes in respect of Meghalaya” where the Biates werebeing presented as Kuki. The fact is that the Biates are distincttribe though they are specified within Any Kuki Tribe. TheGovernment of Meghalaya has till now recognised the Biate

identity as a separate entity by issuing Scheduled Tribecertificate to the Biate tribe. It is a good will gesture on thepart of the Hmar and Kuki community when they try to preserve theBiate people under their nomenclature. But the Biate people havethe duty to preserve their precious identity which can be tracedto the 12th-13th centuries in their present settlement inMeghalaya. As was mentioned in Chapter two of this dissertationSaipung Elaka was attached to Khasi Jaintia Hills in 1864 fromNorth Cachar Hills Sub-Division by the British. If the Biatescannot have full indigenous rights in Meghalaya, they should begranted needed political autonomy. The Central Body of theJaintia Youth Federation of the then united Jaintia HillsDistrict has in 2011 supported for the inclusion of the Biates asindigenous tribe in the proposed Amendment of Meghalaya LandTransfer Act. This body had submitted a Memorandum “Prayer forcontinuing to include the Biates as indigenous Tribe ofMeghalaya” to the Chief Minister of Meghalaya on 30.09.2011 withthe Ref No. JYF-CB/CEC-Dt.17/09/2011. This Memorandum wasforwarded by the Saipung-Sutnga Member of Legislative Assembly.

Meghalaya Transfer of Land (Regulation) Act, 1971 and the Biates:

The Khasi Students’ Union (KSU) launched Ksan rngiew movement in2000 which is an instrument to rejuvenate and awake the Khasipeople to strive ahead with hope and expectation of a brighterfuture. One of the demands of this movement placed before thegovernment was to amend the Meghalaya Land Transfer Act, 1971 inorder to prevent tribals from other states to acquire lands inMeghalaya (Malngiang, 2002). He Government under pressure fromstudent organisations and other NGOs amended Clause A Section IIof the Meghalaya Land transfer Act, 1971 on April 5, 2001 thatenable only the indigenous tribes of the State to buy and sellland.

Concerned with the loophole in the Meghalaya Land Transfer Act1971, and its amendment in 2001, SOMALA (Social Organisation ofMeghalaya Against Land Alienation) submitted a Memorandum to theChief Minister of Meghalaya on 25.06.2009 for the amendment ofthe Meghalaya Transfer of Land (Regulation) Act, 1971(Representation No. 1/SOMALA/2010/4, p. 1). On August 4, 2009 theruling Congress-led Meghalaya United Alliance set up a Committeewith Deputy Chief Minister Bindo Lanong as its Chairman andRevenue Minister Prestone Tynsong as the Vice-Chairmancontemplating to restrict other tribes from the Northeast, whichhave settled in the state, to buy and sell land in the state; andto assess the pros and cons of the Land Transfer Act and suggestways to regulate any further alienation of indigenous land. EightNon-Governmental Organisations from the State, including theKhasi Students Union (KSU) and the Federation of Khasi JaintiaGaro People (FKJGP), are also part of the Committee (“Panel toreview land act - Meghalaya may bar 17 tribes from buying orselling plots”, 2009; “Meghalaya govt mulls to restrictland transfer act”, 2009).

In the Joint Committee on Amending the Meghalaya Transfer of landRegulation Act, 1971 held on August 9, 2010 SOMALA proposedamendment to Section 2(e) of the Act to exclude all Scheduledtribes, except the indigenous tribals of the State, Khasi,Jaintia and Garo in Meghalaya (Scrapping of Single Window Agencydemanded ‘Amendments to Meghalaya Land Transfer Act ultra-vires’. The Shillong Times, October 10, 2010). The proposed amendmentincludes that the Biate, who settled in their homeland inMeghalaya from around the 12th century C.E. be considered asTribal but within the limits of the area of Saipung Sirdarship.11

11 The view that the Biate tribe should have land rights only withinSaipung Sirdarship is found in Memorandum Submitted by SOMALA to The ChairmanJoint Committee on Amendment of Meghalaya Land Transfer Act, 1971. 2010.No1/SOMALA/2010/4. July 21, 2010. p.3. This similar view is also found in theAgenda Note For The Joint Committee on 9.10.2010 in Annexure C Views ofVarious Individuals, NGOs, etc Regarding Government’s Proposal to AmendSection-2 (e) of the Meghalaya Transfer of Land Regulation Act, 1971 in theview of “Synjuk Ki Rangbah Shnong Nongthymmai Pullun”.

The limitation mentioned “within the limits of the area ofSaipung Sirdarship” in the proposed amendment is of great concernto the Biates, as it implies that the Biates even though they areindigenous tribe of the State will have no land Rights outsidetheir area of Sirdarship. Now, SOMALA has been asking thegovernment to expedite the process of amending the MeghalayaTransfer of Land (Regulation) Act, 1971 (“Demand to amend landtransfer act”, 2011). Hill State People's DemocraticParty (HSPDP) legislator from Nongkrem, Ardent Miller Basaiawmoiton April 16, 2013 urged the State Government to take all possiblesteps to ensure that tribal people from other parts of the regionare not allowed to purchase land in Meghalaya. To this, theDeputy Chief Minister of Meghalaya Dr. R.C. Laloo replied “TheGovernment has received suggestion and petition and we haveconstituted a Joint Committee on matters relating to amendment ofthe Meghalaya land regulation Act” (“Tribals from other statesown land in M’laya”, 2013). This proposed amendment of Section2(e) of the Meghalaya Transfer of Land Act, 1971 is still underconsideration by the State Government. Since 2002 the BiateCommunity in Meghalaya have submitted several memorandums andrepresentations to the concerned authorities presenting theirindigenousness in Meghalaya. The following are the major ones:

1. Representation Submitted by Saipung Elaka Sirdar, Secretary

Saipung Elaka Durbar, Local Member of District Council of

Saipung Constituency and two Ex Member of District Council

from Saipung Constituency on the 18th November, 2002 to F.A.

Khonglam, Hon’ble Chief Minister, Meghalaya, Shillong

Meghalaya Land Transfer Act to be Amended.

2. Representation Submitted by the Biate Tribal Social Welfare

Organization on 12th September, 2003 to the Principal

Secretary (Revenue), Government of Meghalaya, Shillong.

Amendment to the Meghalaya Land Transfer Act, 1971.

3. Representation Submitted by Jaintia Youth Federation-Saipung

Circle, Saipung Area Youth Federation & Saipung Students’

Association Dated 12th August 2009 submitted to Shri B.M.

Lanong on the 13th August 2009, the then Hon’ble Deputy

Chief Minister, Government of Meghalaya, Shillong. Inclusion of

the Biate Tribe in Meghalaya land Transfer Act.

4. Memorandum Submitted by the Office of Saipung Elaka on

September 10, 2010 to The Chief Executive Member, Jaintia

Hills Autonomous District Council, Jowai. Prayer to Safeguard the

Status of the Biates in the Proposed Amendment of Meghalaya Land Transfer

Act.

5. Memorandum Submitted by Jaintia Youth Federation-Saipung

Circle, Saipung Area Youth Federation & Saipung Students’

Association Dated 7th September 2010 to Dr. Mukul Sangma,

the then Hon’ble Chief Minister of Meghalaya, Shillong.

Amendment to Meghalaya Land Transfer Act.

The Indian Constitution is supposed to protect tribal interests,especially tribal autonomy and their rights over land, throughFifth and Sixth Schedules. The majority of Biate population isconcentrated in Saipung Elaka of Meghalaya. They are one of theoldest indigenous tribes of Meghalaya. Excluding the Biates fromfull rights in the Meghalaya Land Transfer Act would meanexcluding the beloved son of the family from ownership in thefamily property. Hence, the above proposed amendment ofMeghalaya land transfer act should include the Biates asindigenous tribe of Meghalaya. If they have full land rightswithin the limits of the area of Saipung Sirdarship then theyshould have full rights within the whole of Meghalaya. If theBiates can have land rights only in Saipung Elaka withinMeghalaya, then they should be given certain amount of politicalautonomy.

Needed Public Employment Related Safeguards for the Biates inMeghalaya:

The Constitution of India has provisions for minorities relatingto public employment. Article 15 Prohibition of discrimination ongrounds of religion, race, caste, sex or place of birth. Article16 Equality of opportunity in matters of public employment.Article 335 Claims of Scheduled Castes and Scheduled Tribes toservices and posts.

No.PER.222/71 /Pt.III/22, dtd. 25th Nov, 1976 Reservation ofvacancies in favour of Rabhas, Boro-Kacharies, Kotch and OtherScheduled Tribes, Scheduled Castes in the State of Meghalaya: (c)there shall be a reservation of 5 per cent of the vacancies infavour of – (i) the Rabhas, Boro-Kacharies and Kochs permanentlyresiding in Meghalaya, and, (ii) any other Scheduled Tribes andScheduled Castes as specified in the Fourth Schedule and theSecond Schedule, respectively to the North-Eastern Areas(Reorganisation) Act, 1971 so far as they relate to Meghalaya(“Reservation of vacancies in Services/posts under the StateGovernment Meghalaya”, pp. 6-7).

No.PER.222/ 72/32, dt. 16th June, 1973 Reservation in posts andservices under Public Undertakings and Government AidedInstitutions: (c) There shall be a reservation of 5% of thevacancies in favour of any Scheduled Tribes and Scheduled Castesof Meghalaya (“Reservation of vacancies in Services/posts underthe State Government Meghalaya”, p. 6).

The Biate tribe is put as any other Scheduled tribe other thanthe Khasi, Jaintia and Garo in spite of the fact that they havebeen residing in their present settlement in Meghalaya for manycenturies. Any other Scheduled Tribes and Scheduled Castes are

given only 5 percent job reservation. There need to be reforms toaccomodate for the public employment need of the Biates inMeghalaya. The Biates have Saipung Elaka from 1879; hence, theyshould be given separate reservation. But on the contrary therehave been moves to completely exclude the Biates from theScheduled Tribe status. This view can be seen from the proposedAmendment of Meghalaya Land Transfer Act, 1971 which is stillbeing considered by the Government of Meghalaya.

NEED FOR SEPARATE SCHEDULED TRIBE RECOGNITION:

The Need:

The Biates should be immediately considered for separateScheduled Tribe recognition by excluding them from Any Kuki Tribespecification in Assam, Meghalaya, Mizoram, Manipur and Tripurain view of Article 341(2) and 342(2) of the Constitution. Theresearcher has found out that the Biates have primitive traitsand distinctive culture, they are geographically isolated, theyare disconnected/not in good contact with the community at largein terms of road communication, electricity, health institutionsand so on, and the researcher has found out that they arebackward in all aspects of life.

As was presented in Chapter 1 the Biates have been given tennames by others in the course of their history; namely Beteh,Bete, Biete, Kuki, Old Kuki, Any Kuki, Dakhinsa, Bedesa, Hademand Any Kuki. Hence they should be recognised as a full fledgedScheduled Tribe by excluding them from Any Kuki Tribespecification entry and entered separately as they are adistinct, separate and full-fledged tribe. The doublenomenclature entered in the Constitutional Order for Assam andMeghalaya under Any Kuki Tribes (i) “Biate/Biete” should bemodified and the name Biete be removed. Moreover the Constitution

Scheduled Tribes Order for Mizoram has spelling mistake in theentry for Biate tribe. The entry reads Any Kuki Tribes (i)Baite/Biete. This should be corrected and only Biate be entered.In the Constitution Scheduled Tribes Order for Manipur, thoughthe Biates are not mentioned under Any Kuki Tribes, they areincluded within it. But the fact is that the Biates in Manipurmainly speak Hmar language because they are more scattered withinHmar areas. Hence, the Biates should be recognised as separateScheduled Tribe in Manipur. In Tripura, the Biates are scatteredespecially among Darlong tribe whose separate Scheduled Triberecognition demand has been pending with the Registrar General ofIndia (Standing Committee on Social Justice and Empowerment,2011-2012, p. 48). Hence, the Biates recognised as separateScheduled Tribe in Tripura.

Some Official Recommendations for the Separate Scheduled TribeStatus of the Biate Tribe:

1) R. G. Woodthorpe (Lieut. Royal Engineers) in his Book “TheLushai Expedition 1871-1872” says “The name Kookie has been givento this great tribe, as Mr. Edgar tells us, by the Bengalis, andis not recognised by the Hill men themselves” (Woodthorpe, 1873,p. 10). Adam Scott Reid has also said that “Kuki” is a Bengaliword meaning “hill people” or “highlander” (Reid, 1893, p. 5).Mr. Edgar (British official, Commissioner) had gone for TheLushei Expedition in 1871 to get back the 13 guns of the policesnatched away by Mizos led by Lalburha and Thanhranga(Liangkhaia, 1938, p. 83; Zawla, K. 2011, 385). This expeditionwas probably to get back the guns. Woodthorpe quoted Mr. Edgar “Ihave never found any trace of a common name for the tribe amongthem, although they seem to consider different families asbelonging to a single group, which is certainly coextensive withwhat we call the Kookie tribe” (Woodthorpe, 1873, p. 10).

2) Stewart (1855) writes even about the Old Kukis that though

they come from the same stock and speaking dialects of the same

language are still entirely separated in interests, having

manners and customs widely different from each other (Stewart,

1855, p. 659). About the middle of the 16th century, as near as

can be ascertained, the Biates (Kukis) inhabited the country now

occupied by the Lushais (present Mizoram) The Jansens (Kukis)

live at their back and commenced to oppress them; by degrees

succeeding in driving them nearer and nearer the plains, and then

ultimately out of the country across Cachar into the North Cachar

Hills and Manipur, a small body taking refuge in Tipperah

territory (Soppitt, 1887, p. 7). This was probably the second

migration of the Biates from Mizoram to the then Assam and

Tripura. C.A. Soppitt, Assistant Commissioner, Burma, Late Sub-

Divisional Officer North Cachar Hills Assam said that four tribes

Rangkhols, Biates, Jansens and Thados are known as Kukis. The

great stumbling-block has been the term “Kuki”, applied

indiscriminately to four sub-tribes who should have retained

their regular appellations (Soppitt, 1887, p. 8).

3) First Backward Classes Commission, 1955 or the Kaka KalelkarCommission:Adhering to Article 340 of the Constitution of India, the FirstBackward Classes Commission was set up by a presidential order on29 January 1953 under the chairmanship of Kaka Kalelkar. It ispertinent to note here that the Kalekar Commission whilediscussing the hill tribes of Assam and Manipur recommended that"in these circumstances, we are of the opinion that it would bemore convenient to list all the tribes by their particular names

in the hill areas of Assam and Manipur" (Bhuria Report12 Vol 11pp 605-606).

Lieutenant R. Stewart, R. G. Woodthorpe, Mr. Edgar and C.A.Soppitt have suggested more than a century before that tribeslike the Biates should be recognised as a separate tribe. TheKalekar Commission has also suggested that tribes classifiedunder some general names should be recognised separately. Whenthese very essential suggestions were made by these importantGovernment officials Meghalaya and Mizoram were still withinAssam. If these suggestions were incorporated with theConstitution Scheduled Tribes Lists (Modification) Order, 1956 ofAssam; the Biates would have been recognised separately in Assam,Meghalaya and Mizoram now, with the exception of Tripura andManipur. Now the Biates should be recognised separately asScheduled Tribes in Assam, Meghalaya, Mizoram, Tripura andManipur by excluding them from Any Kuki Tribes specification.

NEED FOR BIATE VERNACULAR INSTRUCTION AT THE PRIMARY STAGE:

As Article 46 of the Constitution “Promotion of Educational andEconomic interests of Scheduled Castes, Scheduled Tribes andother weaker sections” and Article 350A “Facilities forinstruction in mother-tongue at primary stage” stand for, theBiates should be allowed to teach their language at least at theLower Primary Schools in Kharthong Constituency Dima Hasao, Assamand Saipung Elaka East Jaintia Hills, Meghalaya.

NEEDED POLITICAL SAFEGUARDS AND EMPOWERMENT:

The Biates have lone Member of Autonomous Council (MAC) in DimaHasao, Assam and also lone Member of District Council (MDC) in

12 The President of India on 18 July 2002 appointed the Scheduled Areasand Scheduled Tribes Commission under Article 339(1) under the chairmanship of

Dileep Singh Bhuria. The report of this Commission is Bhuria Report.

East Jaintia Hills District in Meghalaya. In Dima Hasao,Kharthong MAC Constituency was divided into Lower Kharthong andUpper Kharthong in 2006, though the Biates are in absoluteminority in Lower Kharthong. It is time now that the Biatesshould be accorded more political representatives in Dima HasaoAssam and East Jaintia Hills Meghalaya. Dima Hasao has anAutonomous power and the MAC has certain amount of administrativepowers. But the Biates in East Jaintia Hills District have onlyone Member of District Council way back from 1967. Saipung Elakashould be immediately given more MDCs. Out of the two Member ofLegislative Assembly (MLA) Constituencies in East Jaintia Hills;one is named Saipung-Sutnga MLA Constituency, with the initialname being Saipung which is the Biate headquarter in Meghalaya.Saipung Elaka should be considered for Member of LegislativeAssembly seat as Article 332 of the Constitution stands for. After Khliehriat Sub-Division of Jaintia Hills was upgraded toEast Jaintia Hills District with Khliehriat as the Headquarter,Khliehriat Sub-Division has ceased to exist. There is no Sub-Division within East Jaintia Hills till now. Saipung Elaka shouldbe given one Sub-Division.

POLITICAL SCOPE FOR THE BIATES: THE QUESTION OF REGIONAL COUNCIL

It is to be noted that the Sirdar and Secretary of Saipung Elakawith the consent of the people had submitted a Memorandumdemanding for Regional Council for Saipung Elaka to the Ministryof Tribal Affairs on 22.10.2002. This was forwarded to theMinistry of Home Affairs (Memorandum … Saipung Elaka, 2002) withthe result that the Ministry of Home Affairs had sent Commissionto Saipung. No further action was taken because of someopposition by some political groups out of their vestedinterests.

The fact that the Biate tribe is divided between Assam andMeghalaya though they are in compact area has left them with notmuch political scope. The Biate population is divided 50/50 inAssam and Meghalaya making around twenty (20) thousands, but with

vast land and forests rich in flora and fauna with unchartedareas still left for new discoveries which would make themsignificant sites making records. And with proper infrastructurecan become beautiful tourist spots. The Northeastern States Re-organisation Act 1969 has done injustice to the Biates. There isthe political Meghalaya and geographical Meghalaya. GeographicalMeghalaya includes not only the then Khasi, Jaintia and GaroHills but also the then Mikir and North Cachar Hills. PoliticalMeghalaya is confined to three Hills, the then Khasi, Jaintia andGaro Hills (Rao & Pakem, 1984, p. 1). This presents the fact thatgeographical Meghalaya included all the Biate inhabited areas.But political Meghalaya has done injustice by dividing the landof the Biates. That on April 2, 1970, Section 3 (2) of the AssamReorganisation (Meghalaya) Act, 1969, gave a chance to the NorthCachar Hills District to remain with Assam or become part of thenewly formed Meghalaya and the choice was made for Assam with theexpectation of the promised more power from the Government ofAssam (Jidung, 1995, p. 55). There is also the big question ofwhy the Biates were divided when United Mikir Hills and NorthCachar Hills District13 and United Khasi and Jaintia HillsDistricts were formed in 1952 (United Khasi and Jaintia HillsDistrict was formed within Assam. Khasi and Jaintia HillsDistrict were separated in 1972 within Meghalaya). The Biateswere divided when they could have been put in either of the twoDistricts.

Now, the Sixth Schedule provisions should be used in favour ofthe Biate tribe who are in compact bordering areas divided byDima Hasao District Assam and East Jaintia Hills District ofMeghalaya. They have every right for these. The Biates haveSirdar in North Cachar Hills from 1854. Lalthatlura Thiaite wasthe first Sirdar. They have Sirdar or Dolloi from Saipung from1879. Ṭoichonlura Ngamlai was the first Sirdar in 1879 inSaipung, Khasi and Jaintia Hills. Saipung area of Biateram wasattached to Khasi and Jaintia Hills in 1864. The Biates have had

13 N.C. Hills was bifurcated from Mikir Hills declared a full-fledgedcivil district vide Government of Assam Gazette Notification Nos.

AAP/234/68/19 dt. 30.01.70 and AAP/134/68/22 dt. 11.02.70

Sirdar/Dolloi/Mauza/Maujadar in Assam and Meghalaya from a verylong time.

When the United Mikir Hills and North Cachar Hills DistrictCouncil was formed as per the provisions of the Sixth Schedule in1951, a Biate leader C.T. Thanga got elected from KamphaiConstituency in 1952. He was elected as the Deputy Chairman inthe North Cachar Hills District Council. A separate Constituencyfor the Biates in North Cachar Hills was formed in 1968 with thename Kharthong. Again Kharthong was divided into Upper and LowerKharthong in 2006 with the Biates in minority in Lower Kharthong.Saipung Area was officially recognised an Elaka in 1879 andSaipung Area had its first Member of District Council withinKhasi Jaintia Hills in 1967.

Mr. J.C. Nampui the Biate pioneer statesman was the first tribalIndian Administrative Services (IAS) Officer from NortheastIndia. He got IAS through Union Public Service Commission (UPSC)Direct Recruitment in 1955. He was amongst the first ChiefSecretaries of State Governments in India from the ScheduledTribes. He served in this position in Meghalaya for two termsduring 13/05/1980-26/08/1983 & 01/07/1985-13/02/1986. He was thefirst Scheduled Tribe Chief Secretary in Meghalaya. He was alsothe first Sheduled Tribe Deputy Commissioner of Cachar Districtduring 20/10/1960-20/12/1960 and 05/0/1961-30/09/1963. He wasalso the second Scheduled Tribe Deputy Commissioner of the MizoDistrict during 3/3/1961-29/9/1961.

Considering the indigenousness, involvement and contribution inthe building of the then Khasi Jaintia Hills District Councilleading up to the formation of Meghalaya and of the North CacharHills Distict Council to its present status of Autonomous Councilthe Biates have not been granted greater political autonomy dueto them.

Political autonomy for minorities is not always based on factorsof large population and vast land. It is based on indigenousness,ethnicity, identity, being in compact area, etc. This is seen inthe Indian political set-up. There are States with one Member of

Parliament and there are States with more than forty and fiftyMembers of Parliament. The smallest Districts in India are; 1)Mahe District, Puducherry 9 (sq. km), 2) Yanam, Puducherry 17(sq. km), 3) Central Delhi 23 (sq. km) and 4) LakshadweepDistrict, Lakshadweep 32 (sq. km) respectively and three morewith less than 50 (sq. km). The least populated Districts inIndia are 1) Dibang Valley, Arunachal Pradesh 7,272 as per 2001Census and 8,004 as per 2011 Census and 2) Anjaw District,Arunachal Pradesh has 21,167 as per 2011 Census. Consideringthese cases, the Biates deserved more political representationand autonomy. Saipung Elaka alone has an area of around 50 squarekilometres. Saipung Reserve Forest within Saipung Elaka is thefirst Reserve Forest in Meghalaya. The Biates alone in SaipungElaka has a population of around ten (10) thousands with othertribes in minority. The Biates in the other side of the border inAssam has similar amount of population and similar length andbreadth of areas.

The Constitutional provisions of the Sixth Schedule are topreserve the identity of indigenous tribals. But years ofgovernmental neglect have put the Biate identity in deep crisis.Majority tribes have tendencies to disregard the indigenousnessof the Biate tribe because of thei backwardness. Now the Biatesneed empowerment through the Sixth Schedule provisions. Thedemand for Regional Council for Saipung Elaka made way back in2002 to the Ministry of Home Affairs should be reconsideredagain. The concerned Governments should also explore ways togeographically and politically unite the Biates in Dima HasaoAssam and East Jaintia Hills Meghalaya as they are in compactbordering areas.

FINDINGS:

The researcher has found out that the Biates have been victims ofthe divide and rule policy of the British Government in India,and the consequences have been still borne by the Biates to thesedays in five major States of Northeast India; namely, Assam,Meghalaya, Mizoram, Tripura and Manipur. They are scattered inthese States and are with not much political autonomy exceptmarginally in Assam and Meghalaya.

The researcher has found out that the Biate identity is in crisisin the concerned five States of Northeast India. They have losttheir culture and have even forgotten their language and haveidentified with their co-tribe in Mizoram, Tripura and Manipur.Even in Assam and Meghalaya, though they still preserve theiridentity there have been not much support on the part of theconcerned Governments. There are no vernacular studies of Biatelanguage at Primary School level even in parts of Dima HasaoAssam and East Jaintia Hills Meghalaya where the Biates are inmajority.

The researcher has found out that the Biates have some immediaterights and needs and that they need to be immediately consideredfor cultural and political autonomy. They should be separatelyrecognised as Scheduled tribe in the concerned five States byexcluding them from Any Kuki Tribe specification in these States.They should be given more political representation in Assam andMeghalaya. The Biate areas in Dima Hasao Assam and East JaintiaHills Meghalaya should be considered for political greaterautonomy separately or these two areas should be considered forunited political autonomy as per the Sixth Schedule to theConstitution of India.

CONCLUSION

In this final conclusion of this dissertation the researcher will

present the findings of this dissertation.

The researcher has found out that the Biates are an old hill

tribe who has a rich historical and cultural heritage. They are

peace loving community from the beginning of their history. The

history of their migration is mainly the history of their

alienation from their hostile fellow tribes. They love to live in

community. In the course of their nomadic history they have

travelled as compact community as far as possible. In spite of

the many difficulties and problems the Biates faced from hostile

and assimilative forces and elements in their nomadic and

migratory history they have developed and preserved their

culture.

The researcher has found out that the Biates have been settling

in Mizoram, Tripura, Manipur, Assam and Meghalaya from around the

12th century C. E. Now the Biate population is mainly

concentrated in Assam and Meghalaya. The Biates are the

indigenous tribe in Assam, Meghalaya, Mizoram, Tripura and

Manipur. The Biates are amongst the earliest settlers in these

States as far as the history of the present settlers in these

States can be traced. Now the Biates are mainly concentrated in

Dima Hasao Assam and East Jaintia Hills Meghalaya.

The Biates in their present homeland of Assam and Meghalaya are

in compact bordering areas. But as they are politically and

geographically divided between Assam and Meghalaya they cannot

have much political scope. They are good citizens who contribute

to the nation building in these two States. But the Biates have

been neglected by the concerned Governments as their land is

remote.

The researcher has found out that the Biates are politically and

economically deprived. They are poor and isolated in remote areas

and depend mainly on their own efforts and products. But the

Biates are peace loving community never taking the path of

violence in their efforts for survival. They have reserved nature

in never revolting, protesting and taking up violent means in

their search for development.

The researcher has found out that the Biates have been victims of

the divide and rule policy of the British Government in India,

and the consequences have been still borne by the Biates to these

days in five major States of Northeast India namely Assam,

Meghalaya, Mizoram, Tripura and Manipur. They are scattered in

this States and are with not much political autonomy. Their

homeland in Assam and Meghalaya could have been in either one of

the two States as it is in one compact area. But their land is

divided in the middle by the State boundary of Assam and

Meghalya.

The researcher has found out that the Biate identity is in crisis

in the concerned five States of Northeast India. The concerned

Governments should help the Biates to preserve their identity.

The concerned Governments need to re-evaluate their approaches to

small tribes who get assimilated and overshadowed by the bigger

hill tribes. The Biates have lost their culture and have even

forgotten their language and have identified with their co-tribe

in Mizoram, Tripura and Manipur. Even in Assam and Meghalaya,

though they still preserve their identity, there have been not

much support on the part of the concerned Governments. There is

no vernacular studies of Biate language at Primary School level

even in parts of Dima Hasao, Assam and East Jaintia Hills,

Meghalaya where the Biates are in majority. They should be

immediately provided with Biate vernacular studies at least at

the primary level in the said areas.

The researcher has found out that the Biates have some immediate

rights and needs and that they need to be immediately considered

for cultural and political autonomy. They should be separately

recognised as Scheduled tribe in Assam, Meghalaya, Mizoram,

Tripura and Manipur by excluding them from Any Kuki Tribe

specification in these States. They should be given more

political representation in Assam and Meghalaya. The Biate areas

in Dima Hasao Assam and East Jaintia Hills Meghalaya should be

considered for greater political autonomy separately or these two

areas should be considered for united political autonomy as per

the Sixth Schedule to the Constitution of India.

The researcher has found out that the Biate society is a

wholesome one:

1. The Biate community is connected in deep bonds with the

natural world, preserving Mother Nature and being preserved

by her. They depend on the land, forest and all natural

worlds. The environment is their bank account and they

invest in the environment. Their spirituality is deeply

rooted in the environment. The Biates have deeply rooted in

their thoughts and attitudes that the natural world is

intrinsically related with human world. The natural world

contributes to the spirituality and religious practices of

the Biate people. They have the attitude that whatever they

do should not harm the natural world unnecessarily.

2. The Biate society is communitarian by nature. They are for

peace and justice in the society. All their agendas and

efforts have been aimed for the mutual benefit of the

community though this cannot come to fruition because of

distributive injustice on the part of the Government. The

Biate communitarian ethoses (being their ideology of life)

have deep implications for a socialistic democracy like

India.

The researcher has found out that the concerned Governments and

their Institutions, Commissions and Departments need to justly,

timely and extensively perform their duties; to preserve, promote

and sustain the identity, culture and livelihood of ethnic

minorities like the Biate tribe.

Recommendations:

1. The concerned Government authorities should do in depth

research on the Biate tribe.

2. Tribal Research Institute Musuems in Assam, Meghalaya,

Mizoram, Tripura and Manipur should display ethnographical

objects of the Biate tribe like handricrafs, arts,

industries, objects of rituals, domestic articles, weapons

of war and chase, jewelleries, musical implements, costumes

and so on.

3. More Scholarly Research at the Master’s and Doctoral Degree

level should be done on the Biate tribe.

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APPENDIX – III

IMPORTANT EVENTS OF BIATE HISTORY

Circa 8th – 10th centuries C.E. : The beginning of modernBiate history. The Biates are recorded to have settled in Shanstate of China. Not much proven trace of the Biates can be foundbefore this. Before this their history is based on the legend ofthe place of their origin Singlung/Khurpui Thlabung.

Circa 10th - 12th centuries C.E. : Migrating from Shan state

China, the Biates can be said to be settled in Kolphai (Mynnmar)

around 10th - 12th centuries C. E.

Circa 12th - 13th centuries C.E. : First migration of theBiate tribe to their present settlement. This was from Mynmar toMizoram, Manipur, Tripura, Assam and Meghalaya under theleadership of their legendary hero Lamlira.

Circa 1500-1600 C.E. : Second Migration of the Biates totheir present settlement.

Circa 1750-1850 C.E. : Third migration of the Biate tribe totheir present settlement in Tripura, Assam and Meghalaya. Thisthird migration was mainly from present Mizoram.

1790 C.E. : Biate word first put to written form by JohnRawlins; the word being “Patiyan” (God). The word Cuci was usedand put into written form for the first time. The Biates with aBengali word were called Cuci (Kuki).

1799 C.E. : Surgeon John McRae put extensive Biatevocabularies in Accounts of the Kookies or Lunctas in Asiatic ResearchesVol. vii.

Circa 1800 C.E. : Darchongthanga Thianglai was the firstBiate Sirdar/Mukza/Maujadar in Assam as per Biate Namtin Devan(Biate Clans Council) record.

1855 C.E. : Lieutenant R. Stewart of the 22nd Bengal NativeInfantry in his book Notes on Northern Cachar called the Biates OlKuki. In this he presented 462 Biate vocabularies.

1854 C.E. : Lalthatlura Thiaite was the first officiallyrecorded Sirdar/Mukza of the Biate area in North Cachar HillsSub-Division.

1864 C.E. : Saipung Area was attached to Khasi Jaintia Hillsfrom North Cachar Hills by the British authority.

1872 C.E. : Edward Tuite Dalton in his book Descriptive Ethnologyof Bengal presented 78 Biate vocabularies.

1876 C. E. : Saipung Reserve forest within Saipung Elaka isthe first Reserved Forest in Meghalaya and one of the oldest inthe whole of Northeast which was forcibly declared by the Britishvide Notification No. 26 dated 25th July 1876.

1879 C.E. : Ṭoichonlura Ngamlai was officially elected asSirdar of Saipung area on 6 August 1879 by Mr. S.E. Ritta,Assistant to the Deputy Commissioner Sub-Divisional Office,Jowai.

1887 C.E. : The Biate language was extensively recorded in awritten form by C.A. Soppitt in his book "A Short Account of theKuki-Lushai Tribes of the North-East Frontier with An OutlineGrammar of the Rangkhol Lushai Language and A Comparison ofLushai with Other Dialects”. 1887. Shillong: The AssamSecretariat Press. Here 64 Biate vocabularies and 14 Biatesentences are found on pages 79-82.

1890 C.E. : Thiaichonngola Thianglai, the first Biate manbaptised to Christianity.

1897 C.E. : The first Biate Church, Saipung PresbyterianChurch was established on 13th February 1897.

1892 C.E. : The Saipung Sirdarship boundary was issuedofficially on 3rd June, 1892 by the then Extra AssistantCommissioner of Jowai, Mr. S.E. Ritta in 1892 after a formalsurvey was done.

1913 C.E. : The first published book in Biate Language was in 1913.This book is “Williams, Rev E.H. (Ed.). 1913. Lekhabu Bulphut Biete Chong neKhasi Chong. Khasi Hills: Welsh Mission”.

1947 C.E. : 1. Biate Literature Committee (BLC) wasestablished.

2. Roman script with some modifications was officiallyaccepted as Biate script.

3. Sumchonkuala, Rev, Rev Rengpuia & C.T. Thanga(Eds.). 1947. Pialral Kaina Lampui. N.p. : S.G.M.I.

4. Biate Kristian Vanglai Inlomkhom (BKVI)—BiateChristian Youth Association was established.

1949 C.E. : The Gospel of Mark of the Bible translated byRev Rengpuia was published in Biate.

1952 C.E. : Mr C.T. Thanga was the first Deputy Chairman ofNorth Cachar Hills District.

1954 C.E. : The Four Gospels of the Bible was published inBiate.

1955 C.E. : 1) Mr. J.C. Nampui was the first Biate IAS(Indian Administrative Service) Officer through UPSC (UnionPublic Service Commission) Direct Recruitment.

2) All Biate Students’ Association (ABSA) was established.

1959 C.E. : The Biate Hymn Book composed by Mr. C.T. Thangawas published.

1967 C.E. : A separate Member of District CouncilConstituency for the Biates in Khasi Jaintia Hills was formedwith the name Saipung Constituency.

1968 C.E. : A separate Member of District CouncilConstituency for the Biates in North Cachar Hills was formed withthe name Kharthong Constituency.

2000 C.E. : The Biates in Assam submitted a Memorandum tothe Deputy Commissioner of North Cachar Hills Autonomous Councilfor the Separate Scheduled Tribe Recognition by excluding themfrom Any Kuki Tribes Specification.

2002 C.E. : Memorandum for the Creation of Regional Councilin Saipung Elaka was submitted to the Ministry of Home Affairs,Government of India by the Office of Saipung Elaka.

2003 C.E. : Nulding Kut, Biate Cultural Festival celebratedevery year on January 11 was declared Dima Hasao District publicHoliday since 2003.

2013 C.E. : Nulding Kut, Biate Cultural Festival celebratedevery year on January 11 was declared East Jaintia Hills Districtpublic Holiday in 2013.