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Judgment
Heard Mr. N.D.Chullai, learned Sr. counsel assisted by Mrs. N.G.Shylla for and on behalf of the petitioner. Also heard Mr. B.Bhattacharjee,
learned counsel for and on behalf of the respondent No. 10 and Mr. H.Nongkhlaw, for and on behalf of the respondents No. 11 to 14. Mr.
H.Kharmih, learned GA for the respondents No. 1 to 7 and Ms. P.S.Nongbri, learned counsel for the respondents No. 8 & 9 are also present.
In continuation of the order dated 13-12-2017, the Superintendent of Police, East Khasi Hills District produced the respondents namely; Shri.
Ricky Nelson Syiem, Acting Syiem of Hima Mylliem, Shillong (respondent No. 10), Shri. Hamphel Khyriem, Rangbah Shnong, Madaniing Syiem,
Mylliem, East Khasi Hills, Meghalaya (respondent No. 12), Smti. Hana Kharkongor, Headmistress, Hemon Zenith Secondary School, Mylliem
(respondent No. 13), Smti. Baiamonlang Lamin, Headmistress, Sunny Hill Adventist School, Mylliem (respondent No. 14) and Dorbar Shnong of
Madaniing Syiem, Mylliem, East Khasi Hills, Meghalaya represented by its Secretary (respondent No. 11) before the Court. The DPI, School
Education is also present before the Court.
The petitioner''s case in a nutshell is that:
The factual matrix of the case is that petitioner and her family are followers of the indigenous faith ''NIAM KHASI'' of the Khasi
community which constitutes about 11% of the total population of Meghalaya as per Census 2011.
The petitioner''s husband (L) Kulam Nongrum had expired on 09.08.2017 and the cremation was scheduled to be held on
11.08.2017. The petitioner vide letter dated 09.08.2017 requested the respondent No. 12 for a cremation site but the same was
denied. On this denial, the petitioner vide letter dated 09.08.2017 requested the proforma respondent no.15 for permission to
cremate her late husband within the land of Seng Khasi Mylliem which the proforma respondent no. 15 granted so and the same was
intimated to the respondent no. 12 for information. Instead the respondent no. 12 immediately convened a meeting the next morning
i.e. 10.08.2017 and vide letter dated 10.08.2017 objected to the permission granted citing Agreement dated 08.01.2010. The
respondent no. 12 further stated that the pro forma no. 15 would be responsible for any unrest or act of protest by the inhabitants of
the village.
On the date of the cremation, loud cries and shouts were heard from the main road objecting to the cremation despite a strong police
presence. The crowd chanted protests and abuse throughout the entire time the bereaved family to the cremation site and it was only
the presence of the heavy security deployed that prevented a law and order problem on the day of the cremation. The protestors
included school children and Government employees despite the same being a school/working day.
The Khasis are a tribe recognized and well-known for its customs, culture, tradition and faith which have been practices by their
ancestors since time immemorial. However, the aggressive conversion carried out by the then British rulers has reduced followers of
the Niam Khasi faith (Khasi indigenous faith) to a minority in the entire State including the petitioner''s village, Madan iing Syiem. This
has made professing the Niam Khasi faith in Madan iing Syiem, Mylliem difficult with many obstacles and insecurity. The protests
made at the funeral of the petitioner''s husband are not the first and it was on 13.07.2002 when the cremation site of the first
President of Seng Khasi Mylliem (L) Pharsaitedwel Buhphang was approved by the respondent no. 11 but who later protested the
same and prevented the bereaved family members from cleaning the cremation site, spat on them, verbally abused them and danced
around shouting that no cremation would be allowed no matter what. The cremation finally took place at around midnight, 3
kilometres away.
The action of the respondent no. 11 deeply saddened and troubled the followers of the Niam Khasi faith of Madan iing Syiem and
has also brought about a deep sense of fear to the extent that some had to bury their dead without being able to conduct the last rites
and rituals as practiced by the followers of the Niam Khasi faith.
Thereafter, (L) Jngep Nongkhlaw who expired on 06.01.2010 had instructed her family members that she should be cremated within
her property as she anticipated that the village authorities would object and protest any request for a cremation site. As anticipated,
the respondent no. 12 and the Executive Members instead went to the home of the deceased and told the bereaved family members
that they would not allow the cremation of (L) Jngep Nongkhlaw. A long argument ensued and it was only much later that the village
authorities allowed the cremation on the condition that they sign an Agreement. This was done at a time when the entire family was
mourning the death of their mother, the matriarch of the family.
The above instances go to show that professing the Niam Khasi faith has made its followers an easy target in the name of
environmental cause and a disturbance to ka imlang sahlang (social life) amongst others. In the guise of such excuses, the rights of the
followers of the Niam Khasi faith has been abused, violated, trampled upon and ignored by a large section of society including the
respondent authorities.
The rights of the followers of the Niam Khasi faith in Madan iing Syiem, Mylliem have been largely ignored for a very long time with
the state authorities feigning ignorance and blind to the illtreatment meted out to the followers of the Niam Khasi faith preferring to
remain mute spectators to the abuse and ill-treatment faced by the followers of the Niam Khasi faith when even the right to die with
dignity is prevented/prohibited.
Hence this petition.
Mr. N.D.Chullai, learned Sr. counsel for the petitioner apprised the apathy and problems faced by the indigenous people residing in Mylliem
area, especially when someone dies and the body is required to be taken for cremation. He also submits that on two occasions, the School
students of Hemon Zenith Secondary School, Mylliem and Sunny Hill Adventist School, Mylliem also took part and raised slogans against the
cremation of a dead person belonging to the indigenous faith. The matter was reported to different authorities, but no action has been taken till date
and even the FIR which was filed is still pending, so he prayed that necessary order may be passed.
On the other hand, Mr. H.Nongkhlaw, learned counsel for the respondents No. 11 to 14 submits that the incident occurred totally due to
misunderstanding.
Mr. B.Bhattacharjee, learned counsel for the respondent No. 10 submits that the Acting Syiem is in no way involved in the incident.
At the outset, I hereby mention that the matter came earlier before this Court which was registered as WP(C). No.134/2017 and an elaborate
judgment have been passed by this Court. It is a fact that some of the respondents definitely violated the provisions of the Constitution of India as
well as other laws and totally shattered humanity. However, I am of the view that the same matter has been elaborately discussed in the previous
judgment and order dated 07-12- 2017 passed in WP(C). No. 134/2017, so repeating the same is not desirable as the grievances of the
petitioner has already been addressed pertaining to cremation ground and cost was also imposed to those who were responsible for such acts.
However, on being questioned by the Court, the Headmistress of the two Schools, namely; Hemon Zenith Secondary School, Mylliem and
Sunny Hill Adventist School, Mylliem agreed that the incident occurred as the situation went beyond their control. Now the question that comes is;
if the children are not being taught properly about the constitution, religious tolerance and mutual respect, what will be the fate of this country?
Parents send their children to school to make them good citizens of the country and not to become hooligans. If a Headmistress cannot control the
students, then they have no right to hold such a post.
Mr. N.D.Chullai, learned Sr. counsel also brought to my notice that students in these two schools are being treated differently and there is
discrimination amongst the students, as the students belonging to the indigenous faith are being asked to sit separately. It is really shameful for all of
us and I repeat, that society should wake up and look into these types of issues and help India become ''One Country, One Nation and One
Family''.
The Superintendent of Police, East Khasi Hills District is directed to look into the pending FIR which I am not going to interfere with and
neither should the investigation be influenced by this judgment and order. The DPI, School Education present in the Court is directed to send
surprise periodical inspection team to see that the school should function without any favour or discrimination where students can study without
fear. However, I do not see any reason to further direct or discuss the matter, as detailed answer has already been given in WP(C) No. 134/2017.
However, a cost of Rs. 1000/- (Rupees One thousand) only is imposed upon Shri. Ricky Nelson Syiem, Acting Syiem of Hima Mylliem,
Shillong (respondent No. 10), Dorbar Shnong of Madaniing Syiem, Mylliem, East Khasi Hills, Meghalaya represented by its Secretary
(respondent No. 11) and Shri. Hamphel Khyriem, Rangbah Shnong, Madaniing Syiem, Mylliem, East Khasi Hills, Meghalaya (respondent No.
12) for defying the Court''s order dated 08-12-2017. I further impose a cost of Rs. 2000/- (Rupees two thousand) only each as fine upon Smti.
Hana Kharkongor, Headmistress, Hemon Zenith Secondary School, Mylliem (respondent No. 13) and Smti. Baiamonlang Lamin, Headmistress,
Sunny Hill Adventist School, Mylliem (respondent No. 14). The said amount is to be paid within one month to the account of the Registrar
General, High Court of Meghalaya and the Registrar General in-turn shall deposit the amount to the account of the Director Social Welfare,
Government of Meghalaya which is to be used for the benefit of the juvenile inmates.
Both the parties are directed to maintain peace and harmony in the locality and not to disturb each other or spread any kind of hatred.
Superintendent of Police, East Khasi Hills District is also directed to ensure that no one disturbs the petitioner in any manner.
In the event of any repetition of such activities by any school or schools, DPI, School Education is directed to take a stern action and may cancel
the permission of the school, if necessary.
Violation of this judgment and order shall attract ''The Contempt of Courts Act, 1971.''
With this observation and direction, this writ petition is allowed to that extent and stands disposed of.
Personal appearance of Superintendent of Police, East Khasi Hills District, Shillong, DPI, School Education and the respondents is dispensed
herewith.