By Barnes Mawrie
A people without a tradition is a dead people because it has no past and consequently no future either.
It is important for people of our State to know that the institution of rangbah-shnong is an age-old institution quite different from the Zamindari system in the rest of India. It is strange to see how even some of our recent Khasi columnists tried to describe the institution of rangbah-shnong and durbar-shnong as the invention of the British and have tried to discredit it. This is a real insult to our Khasi community. It is tantamount to saying that we never had a political or administrative structure that we are inferior to other communities. In fact, this traditional institution goes back to distant past. It has its origin in the famous “durbar blei” (divine assembly). This is a unique socio-political system that has functioned smoothly since many centuries past. Even the British colonists acknowledged the efficiency and nobility of such an institution (read Capt. David Scott’s comment on the Khasi durbar). It may be more correct to affirm that the British Government only confirmed and recognized this age-old institution and gave it a sort of legal status. However, they also dealt a deadly blow to this institution by usurping its juridical powers and by enacting the Law of Inheritance in 1918. These laws took a heavy toll on the authority not only of the durbar-shnong but of the kñi (uncle) as well.
The Khasis had a four-tier political, juridical and administrative structure: a) the institution of kur or kpoh wherein the kñi is the authority, b) the institution of durbar-shnong (village council) where the rangbah-shnong presides over, c) the institution of Raid/Ilaka wherein the sordar, pator or doloi (for Jaiñtia) is the head and finally d) the institution of syiemship (kingdom) where the syiem (chief) presides over. All these institutions have absolute powers within their own jurisdiction. The sense of justice and equity was predominant in all of them and so discipline and peace were well maintained. Perhaps the aberrations that we witness today in some rangbah-shnong are abuses of powers by individuals rather than the failure of a system.
I am really appalled to see how the High Court of Shillong has resorted to a legal curtailment of power of our traditional institution. I fail to understand how the law should be imposed on an entire institution just because a few individuals fail to live up to their office. Following that logic then we ought to fold up our democracy in India because so many MPs and MLAs are corrupt and inefficient. It is an undeniable fact that there are a lot more rangbah-shnong who fulfill their duties with dedication and honesty. When it comes to the question of rangbah-shnong issuing no objection certificate for sale deeds or constructions, I am convinced that it is traditionally right and legal to do so. Let us not forget that for the Khasis, land is a community property and never a private or a government property and so the rangbah-shnong and his council have a lot to say on the matter when it comes to land transactions within their territories. Unfortunately the Law of Inheritance of 1918 has violated our tradition. In my opinion it is this Law that should be revoked by the Government today because it has only aggravated greed in our society? This particular act has led to land grabbing by rich individuals and led to the deviation of the institution of khatduh. As a consequence a few rich individuals who probably live in Shillong, own vast tracks of land. The social repercussion is that many poor families who live in loco are landless and live as permanent paupers.
According to our Khasi traditional system, no family should be without a plot of land. Thanks be to God, in many rural areas the concept and practice of community land (ri-raid) is still relevant. One example, is Mawpdang Raid where the land belongs to the village and the village durbar allots a plot to every married member of the village. Consequently no individual is allowed to possess vast tracks of land on his own. In some areas of Ri Bhoi District there is a traditional land system by which any land belonging to any individual which lies fallow for more than three years, goes back to the community. It is here that the rangbah-shnong and his durbar exercise their sense of justice and deliberate on behalf of common good. Is this not a very ethical practice? If a plot of land is not utilized for such a period of time, it implies that the individual does not need that land and so it should be given to someone else who needs it. This is our customary law which is considered opinion juris by our Khasi people since time immemorial. It is a law based on justice and equity. How can this age-old practice be simply written off by another authority just because a few individuals find it inconvenient to their purpose.
Doing away with the NOC by the rangbah-shnong on residence, constructions and activities within the village is another dangerous infringement on our customary law. This would imply that any Tom, Dick and Harry can come and construct anything anywhere. Is this not perilous for the local community? Tomorrow someone may come and set up a pesticide plant in my village and who will suffer? If an anti-social element enters the village who is going to suffer for it? Who will voice any resistance if the voice of the village authority has been throttled? A rangbah-shnong in Khasi society has administrative, juridical and sometimes even religious powers. It is absolutely fallacious to say that he has only social duties. The present development appears to me like a systematic dismantling of our traditional system. I hope many more right thinking Khasis will voice their opinion on this issue.