constituent assembly of india debates (proceedings)- volume vii

themselves to terracing equally well and in some parts, there may be a portion which could be terraced
without prohibitive cost, or economically cultivated, by this method. Terracing means labour, a suitable
hill side and the possibility of irrigation. When these are not all available it is obvious that the tribes
cannot be persuaded to take up terracing and must continue jhum. While therefore, we feel strongly that
jhuming should be discouraged and stopped whenever possible, no general legislative bar can be
imposed without taking local circumstances in the account. Besides there is a feeling among the tribes
that jhuming is part of their way of life, and that interference with it is wanton, and done with ulterior
motives. The wearing out of that feeling must come from within rather than as imposition from outside
which may cause undue excitement among the tribes. We propose therefore that the control of jhuming
should be left to local councils who, we expect, will be guided by expert advice.
12. CIVIL AND CRIMINAL COURTS -
On the principle that the local customary laws should be interfered with as little as possible and that
the tribal councils and courts should be maintained we recommended that the hill people should have full
powers of administering their own social laws, codifying or modifying them. At present the Code of
Criminal Procedure and the Civil Procedure Code are not applicable to the hill districts though officials are
expected to be guided by the spirit of these laws. In practice, criminal cases, which are not of a serious
nature like murder and offences against the State, are left to the tribal councils or chiefs to be dealt
within accordance with custom. Usually offences are treated as matter for the payment of compensation
and fines are inflicted. There appears no harm and a good deal of advantage in maintaining current
practice in this respect and we recommend accordingly that all criminal offences except those punishable
with death, transportation or imprisonment for five years and upwards should be left to be dealt with in
accordance with local practice and that so far as such offences are concerned the Code of Criminal
Procedure should not apply. As regards the more serious offences punishable with imprisonment of five
years or more we are of the view that they should be tried henceforth regularly under the Criminal
Procedure Code. This does not mean that tribal councils or courts set up by the local councils should not
try such cases and we contemplate that wherever they are capable of being empowered with powers
under the Criminal Procedure Code this should be done. As regards civil cases (among the tribes there is
little distinction between criminal and civil cases) we recommend that except suits arising out of special
laws, all ordinary suits should be disposed of by the tribal councils or courts and we see no objection to
the local councils being invested with full powers to deal with them, including appeal and revision. In
respect of civil and criminal cases where non-tribals are involved, they should be tried under the regular
law and the Provincial Government should make suitable arrangements for the expeditious disposal of
such cases by employing Circuit Magistrates or Judges.
13. OTHER LOCAL SELF GOVERNMENT -
As regards such matters as primary schools dispensaries and the like which normally come under the
scope of local self-governing institutions in the plains it is needless for us to say that the Hill Districts
should get all such powers and except in the North Cachar Hills and the Mikir Hills, we are of opinion that
the Hills People will be able to takeover control of such matters without much difficulty. With a view to
providing some training and thereby smoothening the transition, the Chairman of our Sub-Committee
has already taken up the question of establishment of councils with powers of local boards. The
difference between the councils we contemplate for the Hill Districts and Local Boards will already have
been clear from the foregoing paragraphs. It is proposed to entrust these councils with powers of
legislation and administration over land, village forest agriculture and village and town management in
general, in addition to the administration of tribal or local law. Over and above these matters the tribes
are highly interested in education and feel that they should have full control over primary education at
least. We have considered this question in all its aspects and feel that the safe policy to follow in this
matter is to leave it to the local councils to come to a decision on the policy to be followed. We
recommend that primary education should be administered by the Local Councils without interference by