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Needs Assessment Study to Identify Gaps in the Legal Empowerment of People in Eight States of the North East

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Needs Assessment Study to Identify Gaps in the Legal Empowerment of People in Eight States of the North East |Page Page| Department of Justice Ministry of Law and Justice NEEDS ASSESSMENT STUDY TO IDENTIFY GAPS IN THE LEGAL EMPOWERMENT OF PEOPLE IN EIGHT STATES OF THE NORTH EAST Impulse NGO Network Lower Lachumiere, Near Horse Shoe Building Access to Justice Project Shillong-793001 Meghalaya, India Email: [email protected] North East and Jammu and Kashmir [email protected] Phone: 91-384-2503140 Website: www.impulseasia.org 2015 |Page Page| Access to Justice Project, North-East and Jammu & Kashmir NEEDS ASSESSMENT STUDY TO IDENTIFY GAPS IN THE LEGAL EMPOWERMENT OF PEOPLE IN EIGHT STATES OF THE NORTH-EAST Sponsored By Department of Justice, Ministry of Law and Justice, New Delhi |Page Page| TABLE OF CONTENTS Page No. Message i Foreward iii Acknowledgements v Deinitions 1 Abbreviations 3 Executive Summary 4 Chapter 1: Introduction and Background 6 Chapter 2: Methodology of the Study 12 Chapter 3: Key Findings 16 Chapter 4: Awareness Of Legal Rights And Services And Common Legal 24 Issues in he North-East States: An Analysis Chapter 5: Recommendations And Way Forward 37 Conclusion 45 Annexure 1 - Arunachal Pradesh 46 Annexure 2 - Assam 55 Annexure 3 - Manipur 65 Annexure 4 - Meghalaya 73 Annexure – 5 Mizoram 81 Annexure 6 - Nagaland 88 Published : January 2015 Annexure -7 Sikkim 97 This study was conducted by the Research team of the Impulse NGO Network under the guidance of Department of Justice, Government of India. Annexure 8 - Tripura 104 Disclaimer All Rights reserved, no part of this research document maybe reproduced in Annexure 9 – Open Ended Questionnaire 113 whole o r in part, or stored in a retrieval system, or transmitted in any form or Annexure 10 – Closed Ended Questionnaire 114 by any means electronic, mechanical, photocopying, recording or otherwise without written permission of Department of Justice Annexure 11 – Focus Group Discussion Questions 118 Copyright © Department of Justice, Ministry of Law and Justice, New Delhi i |Page MESSAGE MESSAGE Page| ii iii |Page FOREWORD FOREWORD Page| iv v |Page ACKNOWLEDGEMENTS Page| Near Horse Shoe Building, Lower Lachumiere, Shillong – 793 001, Meghalaya, India Phone No: +91 364 – 2503140, [email protected], [email protected], www.impulseasia.org Acknowledgedments The North-Eastern Region has much to offer our country in terms of resources, both human and natural. However, it has been cut-off from the Indian heartland for too long, disadvantaged by its topographical isolation and plagued by political instability and insurgency. As a result, its people have not had access to the vast improvements that the rest of the country have enjoyed, particularly in relation to accessing fundamental rights as citizens of the largest democracy in the world. Thus, the Access to Justice Project of the Department of Justice, Government of India, is a very important initiative for the North-Eastern Region. It is hoped that this project will be instrumental in identifying the gaps that prevent people of the region accessing their rights and our country’s justice mechanisms, and in bridging those gaps. Impulse NGO Network is in gratitude to Department of Justice, Ministry of Law and Justice, Gov- ernment of India, for their generous support in undertaking extensive research. We would like to es- pecially thank; Shri Praveen Garg-Joint Secretary- Department of Justice, Shri Atul Kaushik- Joint Secretary, Department of Justice, Shri, V.K Tripathi- Director Department of Justice and Shri Y.M. Pande- Director Department of Justice Government of India. We would like to extend our grati- tude to; Geetanjali-Project Manager, A2J-NE&JK, Amikar Parwar, Project Oficer, A2J-NE&JK, Felix Jajo- Monitoring and Evaluation Oficer, A2J-NE&JK, Shikha Parakh, Contract Specialist, A2J-NE&JK and Diya Nag- Project Oficer UNDP. I would like to thank the Research Team, Research Consultants, Field Researchers, Tabulators, Transcribers, and Focus Group Discussion Teams. The team is thankful for their assistance and sup- port over an extended period of time in ensuring that the report was well researched and presented, and that all the concerns of the people of the region were put forward therein. We would like to express sincere thanks to our Research Consultants; Ms. Hamsa Vijayaraghavan, Ms. Elisa Makinen, Ms. Priyam Saharia, Ms. Bhaswati Borgohain, Mr. Biswajit Mohapatra Phd.D (JNU) A/ Professor of Department of Polotical Science North Eastern Hill University, Dr. Phangstone Khongji As- sistant Professor Statictic Department of Basic Sciences and Social Science North Eastern Hill University. I would like to thank the team at Impulse which ensured that every objective of the research was systematically taken care of. The cross checking of data is crucial in every research, including taking care of inances. For this we thank; Mr. Debotosh Purkayastha -Finance Manager, Mr. A.G. Kharbhih- Finance Director, Ms. Rosanna Lyngdoh- Board Member, Ms. Elisa Makinen- Project Manager and Ms. Bariphylla Lyttan- Research Coordinator at Impulse NGO Network, Shillong. I hope this report proves to be the irst step in ensuring that the people of North East India are given the means and the tools to access justice in a manner beitting citizens of a thriving democracy. Hasina Kharbhih Founder & Chair of Board / Team Lead Research Impulse NGO Network, Shillong 1 |Page DEFINITIONS DEFINITIONS Page| 2 Sl No. Term Meaning Sl No. Term Meaning 1. Bamons Manipuri Brahmins Also known as Tripuri which is the native languages of the Tripuri people of 26. Kokborok the Indian state of Tripura and neighbouring areas of Bangladesh 2. Barmans Name of a caste in the state of Assam 27. Khasi A tribe in Meghalaya An ethnic and linguistic community, most aboriginal tribe of Brahmaputra 3. Bodo valley in the northeast part of India. 28. Kuki Tribal people also known as Chin and sometimes as Zomi, Mizoram 4. Borokachari A tribe of Assam Lakher tribals belong to the Kuki tribal community and are also found in 29. Lakher Mizoram and Assam. 5. Bhoi People belonging to the Ri-Bhoi District of Meghalaya 30. Lalung Name of a tribe residing in Assam and Meghalaya 6. Bhutias Community of people of Tibetan ancestry 31. Lepchas A tribe of Sikkim 7. Chakma Ethnic group concentrated in the Chittagong Hill Tracts of Bangladesh 32. Lushai A tribe of Mizoram Clan In the traditional political system of the Khasis, each clan had its own coun- 8. Council cil known as the Durbar Kur which was presided over by the clan headman. 33. Lyngngam A tribe of Meghalaya 9. Cheirap Cheirap and Garot are customary courts in Manipur One of the Kuki tribes in India, native to North-East India, primarily in the 34. Mara Mara Autonomous District Council of the State of Mizoram 10. Deori Major ethnic tribes in Assam Name of a Scheduled Tribe primarily belonging to the Bodo Territorial 11. Dimasa A group of people in Assam 35. Mech Council. his tribe belongs to the Kachari group of tribes on Assam. 12. Durbar Council of clans 36. Meitei A major ethnic group of Manipur A primitive practice of cultivation in States of the North Eastern Hill 13. Jhum 37. Miri Name of a Tribe in Arunachal Pradesh Region. 38. Naga A Tribe in Nagaland. 14. Jaintias People belonging to the Jaintia tribe of Meghalaya People whose ethnic origins lie fully or partially in Nepal. his tribe belongs 15. Garo Name of a tribe in Meghalaya 39. Nepalis to Sikkim. 16. Gaon Burah Eldest man of the village A Minority ethnic group residing in some states of North East India 40. Pangal In the olden days Manipur had a well organised judicial system, there were (Manipur, Assam, Tripura and Nagaland) 17. Garot two chief courts, Cheirap and Garot. 41. Pawl A tribe of Mizoram Name of one of the numerous Mizo/Kuki/Chin tribes of India, spread over a 18. Hmar 42. Pnar he Pnar, also known as Synteng, or Jaintia are a tribal group in Meghalaya large area in the North East. 43. Rabha Scheduled tribe community of West Bengal and Assam 19. Hajong A tribe of Meghalaya he Singpho/Jingpho/Kachin/Jinghpaw are a tribe who are living in India, Hojai is a city and a municipal board in Nagaon District in the Indian state 20. Hojai 44. Singhpho China and Myanmar. In India these people are residing in Assam and in the of Assam districts of Lohit and Changlang in Arunachal Pradesh. 21. Jaintia A tribe of Meghalaya 45. Sonwa Name of a caste in Assam 22. Kachari A tribe of Assam 46. Synteng he Syntengs, also known as Jaintia or Pnar, are a tribal group in Meghalaya 23. Karbi A tribe of Assam 47. War People living in the southern part of the Jaintia Hills District, Meghalaya A sub-group of the Shan people found in the Sagaing Division, Hkamti District 24. Khampti A large group of related Tibeto-Burman tribal peoples spread throughout in North-Western Burma as well as Lohit District of Arunachal Pradesh in India. 48. Zomi the Northeastern states of India, North Western Burma and the Chittagong 25. Khulakpas Headman of Rongmei villages in Manipur Hill Tracts of Bangladesh 3 |Page ABBREVIATIONS EXECUTIVE SUMMARY Page| 4 1. A2J Access to Justice 37. MLA Member of Legislative Assembly The Department of Justice has been implementing a project since 2012 on enhancing Access to Justice 2. AAY Antyodaya Anna Yojana 38. MoS Memorandum of Settlement in all the eight States Northeast including Sikkim and Jammu and Kashmir. These are the two separate geographical areas which are the focus of the Project. Before embarking on activities in the Northeast 3. ADCs Autonomous District Councils Meghalaya State Legal Services 39. MSLSA region focusing on access to justice and legal empowerment, the project team desired to target speciic 4.
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