KOHUR Condemns Manipur Government’s Land Notification as Unconstitutional, Calls for Central Intervention

The Kuki Organisation for Human Rights Trust (KOHUR) has strongly condemned a recent notification issued by the Land Resources Department of the Government of Manipur, calling it an “unconstitutional assault” on the rights of tribal communities and customary land practices in the hill areas of the state.

The controversial notification, dated September 18, 2025, seeks to extend its application across the entire state without reference to any statutory framework. KOHUR argues that this move violates constitutional safeguards provided to the hill areas under Article 371-C of the Indian Constitution and bypasses mandatory consultation with the Hill Areas Committee (HAC) — a constitutional body established to protect tribal interests.

KOHUR highlighted that the Manipur Land Revenue and Land Reforms Act, 1960 (MLR&LR Act), which is being subtly expanded through this notification, is applicable primarily to the valley regions and a few notified pockets in the hill districts. The extension of this Act into tribal areas has long been a contentious issue, with tribal groups asserting that such actions erode traditional landholding systems based on clan, community, and chieftainship.

“The notification is part of a larger and ongoing strategy to polarise communities by undermining tribal land rights and fuelling communal contestation,” KOHUR said in a press release.

According to the organisation, the move directly violates the Presidential Order of June 20, 1972, issued under Article 371-C, which mandates that any executive or legislative action concerning hill areas must first be laid before the Hill Areas Committee. KOHUR warned that even under President’s Rule, this constitutional safeguard cannot be ignored.

Legal and International Ramifications

Drawing from landmark Supreme Court judgments, including Samatha v. State of Andhra Pradesh (1997) and State (NCT of Delhi) v. Union of India (2018), KOHUR argues that the notification infringes upon Articles 13, 19(5), and 21 of the Constitution — which protect fundamental rights, restrict unreasonable encroachment on tribal land, and safeguard the right to life and livelihood.

While Manipur is not governed under the Fifth Schedule, KOHUR maintains that the reasoning in the Samatha judgment applies by analogy to the special protections under Article 371-C.

On the international front, the notification may also violate Article 27 of the International Covenant on Civil and Political Rights (ICCPR) and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) — both of which India has endorsed and which guarantee the right of indigenous people to their land, culture, and consent in governance decisions.

KOHUR has urged elected tribal representatives, the Chairperson of the Hill Areas Committee, civil society groups, and constitutional experts to immediately escalate the matter to the Union Government and the President of India. The group is demanding that the notification be rescinded or amended to explicitly exclude all hill areas.

In its concluding remarks, the organisation reiterated its long-standing demand for the extension of the Sixth Schedule to the hill areas of Manipur under Articles 244(2) and 244-A, stating that only this can ensure permanent constitutional protection for the traditional land rights of tribal communities.

“Any attempt to bypass Article 371-C will not only be challenged in appropriate judicial forums but also be resisted through democratic and peaceful means,” KOHUR warned.

The organisation reaffirmed its commitment to defending the constitutional and human rights of the tribal people of Manipur, adding that the state government’s continued disregard for tribal autonomy risks deepening mistrust and communal divides in the state.