Counter to Thadou Herald’s Rebuttal on Kuki Inpi Manipur’s Office Memorandum Dated 05/07/2025

"Voices from the Ashes: Why KIM's Appeal to MLAs Is a Stand for Justice, Not a Constitutional Breach"

In support of the Kuki Inpi Manipur (KIM), this response seeks to clarify and defend the intent behind the memorandum issued on 05/07/2025, which urged Kuki-Zo MLAs to abstain from participating in the formation of any government in Manipur until a just and honourable political resolution is achieved. The rebuttal by Thadou Herald is misleading and reflects a narrow legalistic perspective on a deeply rooted political and humanitarian crisis.

1. Moral Authority in Times of Crisis

While KIM is not a constitutional body, it draws its moral, cultural, and customary legitimacy from the collective will of the Kuki-Zo people. In times of ethnic conflict, civil society bodies have historically played a critical role in shaping the political conscience and protecting community interests. The memorandum was not a coercive diktat but a political appeal for solidarity in the face of ethnic cleansing, mass displacement, and systematic violence endured by the Kuki-Zo community since May 2023.

2. No Violation of the Constitution

KIM's memorandum does not forcibly bar MLAs from performing their duties. It merely urges them to refrain from legitimising a government process that has failed to uphold justice for the community. This is a legitimate exercise of community agency and political expression under Article 19(1)(c) of the Constitution, not a violation of democratic norms.

3. Democracy is Not Blind Majoritarianism

While MLAs are elected to fulfil constitutional responsibilities, they are also accountable to the moral will of their people. The call to abstain from government formation arises not from political sabotage, but from the recognition that participating in the current process would mean endorsing a government under whose watch over 300 Kuki-Zo villages and churches have been destroyed, over 200 Kuki-Zo brutally killed and more than 60,000 people displaced. True democratic representation includes standing with one's people during their darkest hours.

4. Cultural Bodies Are Integral to Indigenous Politics

In tribal societies, traditional institutions like KIM are not apolitical spectators. They are guardians of identity, justice, and survival, especially when the state fails to protect its marginalised communities. KIM has every right to express its political stance on behalf of the Kuki-Zo people. Dismissing its relevance as "non-statutory" ignores the ground realities of indigenous governance and representation.

5. Misuse of Legal Language by Thadou Herald

The invocation of laws related to criminal intimidation or sedition by the Thadou Herald is an overreach and misinterpretation. KIM has neither threatened violence nor coerced any MLA. It has exercised its constitutional right to free expression and peaceful political advocacy. In contrast, attempts to label such expression as unlawful can themselves be viewed as undemocratic and suppressive.

6. Call for Unity, Not Division

At a time when the Kuki-Zo people are struggling for survival and justice, internal disunity only deepens wounds. The Thadou Herald's confrontational tone against a collective community resolution only serves to divide, rather than heal. What is needed now is solidarity rooted in justice, not constitutional literalism used to delegitimise genuine grievances.

Final Words:

**The Kuki Inpi Manipur's resolution is a lawful and morally justified political stand.

**MLAs remain constitutionally free but are morally bound to align with their people's cry for justice.

**Governance without justice is governance without legitimacy.

**Attempts to suppress KIM's voice will be opposed through democratic means.

The Kuki-Zo people are committed to peace, justice, and dignity—but not at the cost of silence in the face of suffering.

Issued by:

ZO MEDIA WATCH

Date: 07 July 2025

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THADOU HERALD

Rebuttal to Kuki Inpi Manipur's Unconstitutional Office Memorandum Dated 05/07/2025

The Thadou Herald, on behalf of the Thadou people, hereby issues this rebuttal in response to the Office Memorandum dated 05/07/2025 issued by Kuki Inpi Manipur (KIM), which resolved that no Kuki or Zo MLA shall participate in the formation of a popular government in Manipur.

1.  Violation of Constitutional Duties and Democratic Mandate: Under Article 164(2) and the Tenth Schedule of the Constitution of India, elected representatives (MLAs) have an obligation to fulfil their mandate by participating in government formation to ensure governance and constitutional continuity. Any directive preventing MLAs from doing so undermines democratic processes and violates the collective will of their electorate.

2.  KIM Has No Legal or Statutory Authority Over MLAs: Kuki Inpi Manipur is a non-constitutional civil society organisation without any statutory recognition under Indian law. Its issuance of binding resolutions or diktats upon MLAs infringes upon the autonomy of constitutional offices and amounts to unlawful coercion or intimidation under:

1. BNS – Criminal intimidation

2. Representation of the People Act, 1951

3.  Fundamental Rights Violation: The KIM resolution infringes upon Article 14 (Equality before law), Article 19(1)(a) (Freedom of speech and expression), and Article 21 (Right to life with dignity) by threatening MLAs with community-backed social boycott or coercion, thereby suppressing their fundamental rights.

4.  Overstepping Jurisdiction: KIM's authority is limited only to "Any Kuki tribes" ST category for cultural advisory roles, and does not extend to political diktats, especially against independent constitutional offices like MLAs. Any attempt to enforce such diktats is legally void ab initio.

5.  Threat to Public Order and Governance Stability: By preventing elected MLAs from performing constitutional duties, KIM is abetting constitutional crisis, breakdown of governance, and denial of public services, potentially inviting legal action under relevant BNS sections if it incites violence or public disorder.

6. Unlawful Interference in Legislative Functioning: No civil body can bar MLAs from exercising their constitutional functions under Article 208, which guarantees freedom within the legislative domain.

Thadou Herald asserts:

1. MLAs are constitutionally bound to participate in the formation of a popular government.

2. KIM has no legal mandate to issue binding resolutions on the political participation of MLAs.

3. Any further intimidation of MLAs by KIM or its affiliates will be liable for legal proceedings under criminal intimidation, sedition (if inciting disaffection against the Constitution), and violation of fundamental rights.

We demand that Kuki Inpi Manipur:

1. Withdraw its unconstitutional resolution immediately.

2. Cease all forms of intimidation or coercion against elected representatives.

3. Restrict its activities strictly to cultural and community advisory roles within the "Any Kuki Tribes" jurisdiction.

4. Respect the fundamental and constitutional rights of other indigenous communities, including Thadou.

India is governed by the Constitution, rule of law, and democratic values, not by non-statutory organisations seeking to usurp constitutional processes through coercive or intimidatory resolutions.

Issued by:

Thadou Herald

Courtesy: THADOU NAM

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