Friday, March 31, 2017

WHY MIZO?

The Indian government classifies me as a tribal and recognizes me as a Mizo. I am a Mizo and I am an Indian, I am a Christian too. However, not everyone from Mizoram feel the same way as I do. Allow me to share with you what I believe is important in this debate.

Why are tribals protected in India?

According to Professor Joseph W. Elder, "[i]n the late nineteenth and early twentieth centuries, Indian and European reformers called on the British government of India to do something to improve the lot of India's most disadvantaged groups. The 1935 Government of India Act announced that certain 'degraded' groups in India would have special electoral representation in India's forthcoming elections. In anticipation, in 1936 India's provincial governments prepared lists ('schedules') of local groups meeting the 'degraded' criteria. Castes considered to be 'degraded' because they suffered ritual disabilities (such as denial of admission to Hindu temples) were called scheduled castes (SCs). Tribes considered to be 'degraded' were referred to as 'backward tribes.' The 1941 census recorded 24.5 million tribals (about 6.6% of India's population). In 1950, with the enactment of India's Constitution, these 'backward tribes' were referred to as scheduled tribes (STs)."

Professor Elder also believes that the "British authorities differed in their opinions regarding the policies they should implement in territories occupied primarily by tribal groups. They wanted the tribes in these territories to be peaceful, which meant restraining the 'criminal tribes.' They also wanted to protect tribal groups from rapacious outside traders, moneylenders, and landlords (the British failure to provide sufficient protection led to rebellions by the Santals, Oraons, Kols, Hos, Mundas, and other tribal groups)."

But long before the Government of India Act of 1919 which empowered the Governor-General to declare any tract of land in India to be a Backward Tract and in some cases Wholly Excluded Areas where no laws of British India could apply, there was the Bengal Eastern Frontier Regulations, 1873 which is the basis for what we now know as the Inner Line Permit. It is therefore clear that the British Government of India always had the protection of minorities in mind especially with regard to trade and commerce. However, their understanding of who constitutes a particular tribe and the natural areas they occupied was inadequate and many historical revisionists have argued that the British made big mistakes in drawing up boundaries that have become international borders and that it is an error of great magnitude that needs to be corrected. Another topic for another time.

How did we become a “Scheduled Tribe”?

The term ‘Scheduled Tribes’ first appeared in the Constitution of India. Article 366 (25) defined “Scheduled Tribes” as “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”.

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. This Article says that only those communities who have been declared as such by the President through an initial public notification or through a subsequent amending Act of Parliament will be considered to be Scheduled Tribes

Article 342 provides for specification of tribes or tribal communities or parts of or groups within tribes or tribal communities which are deemed to be for the purposes of the Constitution the Scheduled Tribes in relation to that State or Union Territory. In pursuance of these provisions, the list of Scheduled Tribes are notified for each State or Union Territory and are valid only within the jurisdiction of that State or Union Territory and not outside.

The first specification of Scheduled Tribes in relation to a particular State/Union Territory is by a notified order of the President, after consultation with the State governments concerned. These orders can be modified subsequently only through an Act of Parliament. The above Article also provides for listing of scheduled tribes State/ Union Territory wise and not on an all India basis.

Since the enactment of the Constitution of India in 1950, the President of India has promulgated 9 orders specifying the names of the tribes and which state they belong to. It is important to note that this was done in consultation with the concerned State governments. When the President of India promulgated The Constitution (Scheduled Tribes) Order 1950 order on Sept 6, 1950, the people of Mizoram were still under the state of Assam. The list of the Zo tribes given to the President’s office by the government of Assam in 1950 were:
1)      Hmar
2)      Kuki
3)      Lakher
4)      Pawi
5)      Mizo

When and how did we become “Mizos”?

When the Mizo Common People's Union (later Mizo Union) was formed on 9th April 1946, the term “Mizo” was still a relatively new concept. The leaders of the newly formed political party were from different clans of the Zo tribe. None of them were ever “Mizo.” But by the time they came together, there was a common identity that was already born in the hearts and minds of the majority of the Zo people in what is now Mizoram. While it is doubtful that the other Zo clans/tribes in the south viz., the Mara or Lai tribes readily identified as Mizos, the bigger clans/tribes clearly defined the emerging identity of the people of Mizoram. When the MNF launched its war of independence, most, if not all, able bodied young men (and perhaps women) were ready to die under the name of the Mizo “nation” and for Mizoram. In fact, every martyr of the Mizo National Army who gave his life in the 20 year-fight with the Indian government died not as a Hmar, Lusei, Mara, Lai, Paite or Kuki but as a Mizo patriot.

According to R.Zamawia, Defence Minister of the former underground MNF government, the term Mizo is most inclusive, and during the freedom struggle there is no Zo clan or tribe that was known to have rejected the term Mizo. However, in order to escape persecution by the Indian army, people would often identify as “Hmar” or “Lakher” or “Pawi” or “Paite” etc.

It is evident that when President Rajendra Prasad promulgated the first ST order in 1950, the advice given to him (as in the office of the President of India) by then-Chief Minister Gopinath Bordoloi’s government of Assam and subsequent Chief Minister Bishnu Ram Medhi’s government did not take into account what was already happening amongst the Zo people of the erstwhile Lushai District. We donot exactly know what communications transpired between leaders of the Lushai District and Chief Ministers Bordoloi and Medhi’s government but what we know for certain is the fact that the State government of Assam had consented to the separate registration of the Zo peoples as Hmar, Kuki, Lakher, Pawi and Mizo tribes. We really donot know why the leaders of the then-Lushai District did not insist that the 4 Zo tribes (Hmar, Kuki, Lakher, Pawi) in Mizoram were part of the larger Mizo tribe that was quickly being formed.

In fact, in less than 4 years after the promulgation of the tribe list, on 29th April, 1954, by an Act of Parliament, with these words “[t]he tribal area in Assam now known as the Lushai Hills District shall, as from the commencement of this Act, be known as the Mizo District,” the name Lushai was effectively and officially changed to Mizo.

 Who, then, is a Mizo?

The question “Who is a Mizo?” is difficult for some to answer and it really boils down to choice. Over the last few weeks, we have been asking ourselves what appear to be obvious and ridiculous questions such as "Who is a Mizo?", "Is a Hmar, Lai, Mara, Kuki, Paite a Mizo as much as a Pachuau or a Sailo is?", "Is a member of a non-Lusei tribe/clan a Mizo?" or even questions as outrageous as this one - "Can children of non-Mizo fathers be considered Mizos?"

Hundreds, if not thousands, of people engaged in the discussions generated on social media. Some, understandably, are outraged at even the slightest suggestion that Maras or Lais or Hmars or Paites or Kukis are not "Mizos". Surprisingly, some Mizos or the Zo people of Mizoram still have a long way to go in terms of understanding and defining cultural identity.

Dancing around the bush and approaching the issue with political correctness and senseless sensitivity have not worked in the past and will most likely fail to produce positive results in the future. Therefore, as a proud, resilient and forward thinking people, it will be best for the people of Mizoram need to start to re-engage in dealing with this issue openly and directly.

According to the Ministry of Tribal Affairs, Government of India, there are 15 tribes in Mizoram. Among the 15 tribes, Kukis, Hmars, Paite, Lakhers and Pawis are registered as separate tribes and they donot fall under the Mizo tribe. Therefore, by law, Kukis, Hmars, Paite, Lakhers and Pawis in Mizoram are not Mizos even if everything they believe about themselves is Mizo. Those with a clear understanding of the implication of Acts of Parliament believe that this is a profound error that legally divides us.

It is an affront to many people in Mizoram who have always considered themselves Mizos but are of the Kukis, Hmars, Paite, Lakhers and Pawis tribes. Former Minister F.Lawmkima, Former MP Dr HT Sangliana, singer Rebecca Saimawii, Speaker Hiphei and the new Miss Mizoram Rody Tepuii are, by law, not Mizos because they belong to one of the five other Zo tribes and not the Mizo tribe as listed. Unfortunately, that is where we are at the moment.

On March 7th, the Home Department of the Government of Mizoram issued a public notice inviting virtually everyone to submit suggestions in its effort to have the Scheduled Tribe List amended. Unless the government extends the deadline, today is the last day for the people of Mizoram to hand in their suggestions and recommendations.

This thing called the Tribal Certificate

Did you know that you can only get a Tribal Certificate under the name of your tribe? If a Fanai, for example, which a Pawi clan is issued a Tribal Certificate by the Deputy Commmissioner's office, he will have the name of his tribe "Pawi" written and not “Mizo”. (This is an old term the Lai people donot use anymore but still in the law books.) To obtain a Tribal Certificate, one needs to get a Community Certificate from the Local Council or Village Council. A committee called the Scrutiny Committee will verify the authenticity of the applicant’s claim i.e. whether his is a Lai, Mara, Kuki, Paite, Hmar or Mizo and validate the Community Certificate. Only then can you go to the DC's office and request for a Tribal Certificate with the name of your tribe as written in your Community Certificate.

People who falsely obtain a Community Certificate can be fined and jailed for upto 2 years. The same goes for the people that issue it. For example, if the son of a Mara man and a Lai woman living in Aizawl, fully identifying as a Mizo, tries to obtain a "Mizo" Community Certificate and subsequently a "Mizo" Tribal Certificate, he can be fined and jailed for breaking the law because he is by tradition a Mara.

Last year, there was an interesting case of an individual whose "Mizo" Tribal Certificate issued by the Aizawl DC's office was rejected by the Home department even though his Local Council and locality NGOs declared him to be "considered a Mizo." The DC's office had already issued him aMizo Tribal Certificate based on the Community Certificate issued by the Local Council and validated by the Screening Committee headed by the Jt Secretary of the Home department.

This individual's father is reported to be a Nepali, and therefore by established custom and law, many say he is not a Mizo or any of the six Zo tribes.

This calls into question the issue of whether children born of non-Mizo fathers can become Mizos. (At this point, we shall refer to all the Zo tribes of Mizoram as Mizos). The question of whether or not children of a non-Scheduled Tribe fathers can be considered eligible to enjoy the privileges of a Scheduled Tribe is also a hotly debated topic. Despite popular belief, you will be surprised to discover that children of non-Mizo, non tribal fathers can be considered by the society as their own and the law may even give legal sanction to this cultural practice. 

A clear example is the President of the Central YMA. Lalbiakzuala is the son of the son of an Englishman by the name of John Miller who married the granddaughter of Mizo legend Chawngbawla. The CYMA President’s family is one of the most respected families among the Mizo people. One of his uncles is the founding member of the two biggest church youth organisations in Mizoram - KTP and TKP. His family is well regarded among the Mizo people and never has there been a legal challenge or even a social one against him and his family on his identity as a Mizo or otherwise. He and his family are fully accepted as Mizos by the Mizo community and there is not one reason for them to feel like they are not even though they have an English surname. We also have the Murray family in Mizoram who are fully accepted by the community. The Hallidays are also another family fully accepted into the Mizo community.

There are several cases of children and grandchildren non-Mizo, non-tribal fathers who have been considered Mizos because of events and circumstances. We can truly say these brothers and sisters are uniquely Mizos and the Mizo society has never rejected them. The adoption of a different community by another community is not a new concept. Even the old Mizo society may have practised it. And we are certainly practising it today.

We often say our identity is in our blood. True. But Mizo-ness, it seems, may also be of the heart.

The Christian perspective

Most Zo peoples are Christians and are supposed to believe and live according to the teachings of the Bible.
Jesus said his mission was to seek and save the lost (Luke 19:10) and his command to all who follow him (not pastors, church elders or missionaries but every Christian) is to "go and make disciples of all nations." (Matthew 28:18-20)

Bible scholars say the word "nations" Jesus used here, as recorded in the original Greek language, is "ethne", the word from which we get the English word "ethnic."

For those unfamiliar with Christianity and what it is about, the essence of Jesus' message is God's love and forgiveness for all humanity. And Jesus commanded his followers to preach the same message to all the "nations" of the world.

Some British Christians did just that to the Mizo people and history has never been the same again.

Rev William Williams visited the Lushai country on March 15, 1891 not as an agent of the British government trying to further subdue the heading-hunting Lushai and other Zo tribes but to explore the possibility of preaching the gospel. Rev FW Savidge and Rev JH Lorrain arrived three years later on Jan 11, 1894. They too had a clear mission although they had to go back after a few years. Six years later, on Sept 26, 1907, Rev JH Lorrain's brother Rev RA Lorrain and his wife arrived among the Mara people with the same purpose. Rev FW Savidge and Rev JH Lorrain re-entered Mizoram on March 13, 1903 as missionaries of the Baptist Missionary Society in England. According to the Lairam Baptists, "[t]he work of the Baptist Missionary Society (BMS) of England in the early 20th Century was the beginning of the Christianity among the indigenous people of Lairam (Lai land) who were called Lai."

These three ethnic peoples - Mara, Lusei and Lai - were reached by the Welsh and English missionaries with the gospel message because of the direct command of Jesus Christ as found in Matthew 28. Today, these ethnic peoples, including other Zo tribes and clans, collectively known as the Mizo people, embrace Christianity as their religion and pretty much their way of life.

Christians believe God made every ethnic people group the way they are. Some are very different to others in language and customs and according to the Bible, our ethnicity will continue even in eternity. In Revelations 7:9, John talks about his vision of seeing a "great multitude that no one could count, from every nation, tribe, people and language, standing before the throne."

Our ethnic identity is a gift from God moulded by time. We should cherish and embrace it wholeheartedly. But with the appearance of Jesus on the scene, a new covenant was established. Something changed radically. The old order of things was replaced by something totally new. Perhaps, this is best captured in the letter to Galatians 3:26-29 where it says, "So in Christ Jesus you are all children of God through faith, for all of you who were baptized into Christ have clothed yourselves with Christ. There is neither Jew nor Gentile, neither slave nor free, nor is there male and female, for you are all one in Christ Jesus. If you belong to Christ, then you are Abraham’s seed, and heirs according to the promise."

This new reality is truly a radical shift from the old, rigid, ethnic and racial divide because it declares oneness in Christ and essentially nullifies all racial and ethnic lines. So, a follower of Jesus, regardless of ethnic identity, shares a new Christian family identity with his fellow Christians even from a totally different ethnic group. We know from the verses above that Bible teaching is clear on the irrelevance of ethnic differences, social status and gender. These things matter in the secular world, but for followers of the teaching of the Bible these are of secondary and not primary importance.

This teaching of the Bible, is perhaps, the reason why majority of the ethnically distinct peoples of Mizoram - Lai, Mara, Hmar, Paite, Kuki and Lusei - have little problem living together as brothers and sisters.

What next?

The Government of India also recognises that “[t]he inclusion of a community as a Scheduled Tribe is an ongoing process” and we must rightly work toward unity, where it is possible, because there is still a lot of work to be done.

In light of the fact that a Mizo identity has been established and has been sealed with the blood of the martyrs, it would be highly irresponsible for us to go back to our own sub-ethnic identities. The new reality is the Mizo identity and this has never not been upheld since its inception. While there are some that donot subscribe to it, the majority of the Zo people in Mizoram do. And rightly so.

Because we are divided into six different tribes, we need to come to a consensus before we start any initiative to have the ST list amended. And when we do, we need to give our Lok Sabha Member of Parliament the full backing and authority to speak on behalf of all the Mizo people and insist on the introduction of a Bill that will finally correct the 67 year-old error.

If I am from a Zo indigenous tribe and I accept my identity as a Mizo, then I am a Mizo. Even if my father is from a non-Zo community, I still am a Mizo if I have fully embraced the Mizo culture and identity as my only culture and identity.

As for the government, it needs to wait. March 31st is over but the people of Mizoram have not even started a meaningful discussion. Perhaps the Mizoram government can encourage community leaders to think hard about our identity and the need to rectify it. (Remember, you can go to jail for obtaining a TC with the incorrect tribe name!)

Clearly the original promulgation of 
The Constitution (Scheduled Tribes) Order 1950 does not reflect the reality of who we are or does it?

I would like to think it does not. And it should not because, in Mizoram, we are the Mizo people.