By Aristotle Lyngdoh
The Sixth Schedule of the Constitution was designed exclusively to safeguard the customs and traditions of tribal people of the then Assam province whose idea on justice and democracy is neither awkward nor strange. These customs and traditions are the backbone for the common affairs related with the lives and practices of the people in the region such as marriage, births and deaths, land, forest including resources therein and village administration. And for the Khasis these things are regarded as sacred. Hence the Khasis are differentiated from the other tribal people in the plains. And this has justifiably led to the creation of the Sixth Schedule after heated debates in the Constituent Assembly.
Today we can see and understand its importance if we want to streamline these age-old customs and grass roots governance that may probably prevent conflicts and exploitation to a large extent. Therefore, I sincerely wish that it should continue to remain secure in the Constitutional Book for as long as we the citizens refuse to accept any attempt for its repeal. When it comes to this, any proposal or call for amendment should not be seen from the perspective of a single party or politician just to suit their political agenda. But such issues should be considered from the larger perspective of culture and traditions that we uphold and have cherished for so long as a society.
Through The Sixth Schedule, the constitutional governance has blended the idea of the Westminster model of democracy with the system of governance that has been in practice within these tribal regions for quite a long time. The autonomous status granted through this Schedule to the District Councils reflects the type system of political and social governance that prevailed in the Hill region at the time. This also includes the independent territories or small kingdoms (Hima or Raid) controlled and managed by the people through their clans, chieftains and durbars. Therefore, the Council as a corporate body with elected members has to play a preemptive role to ensure that these age-old customs and traditions are not diluted. Because with the passage of time these things will disappear and be tampered with for personal gains unless adequate measures are deployed. When a society ceases to adopt its customs and traditions, it loses its identity as a community or tribe. And when the identity is lost, the purpose of the Sixth Schedule too will come to its logical end. Therefore, Council Members should understand that this is their primary role. Hence, it is here that the composition of members of this council should also be reinvented.
Coming to the core issue, it is a universal fact that the Khasis are identified not by the physical outlook and appearance but exclusively by the surname or title that is attached to the first name. The surname or title indicates the clan or ‘Kur’ that a person belongs to. Therefore, the ‘Kur’ or Clan as an essential unit in Khasi-Pnar society is also the identity and the centre of all relationships in the community. When we talk about land and land system, it is originally associated with the ‘Kur’ as a primary custodian. The governance structure that exists till date in the ‘Hima’ or ‘Raid’ is also connected with the ‘Kur’. Therefore, the ‘Kur’ is a very important concept and class in our Khasi-Pnar society. The ‘Kur’ has a one line relationship identified from the female side by which our forefathers have wisely preserved its sanctity especially in marriage relationships. Because when the clan is in a chaos a crisis may occur in the ‘Hima’ or ‘Raid’ and on the land. It is therefore here, that the Khasi-Pnar has always considered a marriage within the clan or ‘Kur’ as incest. The male spouse as a progenitor cannot be from the same clan.
During a marriage alliance, we often say ‘shongkurim’ or to marry or to wed. And the groom and bride are denoted by the term ‘kurim’ or spouse after marriage. This on the other hand has a combination of two words ‘kur-im’ meaning the clan-alive. This signifies that only through a marriage alliance will the clan propagate. When there is propagation/regeneration it implies continuity of ownership on property and on governance within the ‘Hima’ or ‘Raid’. It is here that the clan from the father’s side is also given due recognition and respect as the ‘kha’ because they enable the prospect of regeneration within the clan of the female.
But today we can clearly see attempts to malign and damage the sanctity of these customs. Therefore, I urge upon the District Councils to examine these threats and bring necessary mechanism in the society that will prevent conflicts and loss of resources such as land, etc to covetous people. Our clan system should be strengthened by appropriate laws and codifications. At same time it should also make an effort to accord official recognition and registration to various clans that are the backbone of our matrilineal system and traditional governance. But so far nothing concrete and meaningful has been done in this aspect for almost 70 years since its enactment.
The young generations of today needs clarity and direction on how to uphold the sanctity of relationships which is our unique identity. It is therefore, the duty of the Councils and their elected members as patrons of the customs and traditions to ensure continuity these customary laws and practices as envisioned in the Sixth Schedule. Today clans have organized into association or ‘Seng kur’ which has somehow helped contain the breach in these customary laws. The State government through the District Administration has also brought necessary changes in process of issuing Scheduled Tribe certificates to individuals by carefully screening every application to ascertain the true identity of the applicant including their parentage. But this is not enough. The Seng Kur should be empowered to identify their own clan members and there should be no obstacles for the Councils to extend support and recognition to these ‘Seng Kur’.
I feel if the present Council can do something in this regard it will be a great step in fulfilling the aspirations postulated in the Sixth Schedule and I can call this as ‘ieid ri bad ieid jaidbynriew’ (passion and love toward one own tribe or patriotism). It is within the ‘kur’ and their ‘Seng Kur’ that people can articulate and feel free and safe. Though there may be quarrels and misunderstandings but fighting and violence are non- existent. This is a good practice and great legacy that we have inherited and which should be well preserved.