SHILLONG: The Khasi Hills Autonomous District Council has approved a social custom bill that will strip a Khasi woman of her ST status and all privileges which come with it if she marries a non-Khasi.
According to the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) (Second amendment) Bill, 2018, that was notified on Tuesday and passed on Wednesday, the woman’s children will also be deemed as non-Khasis.
KHADC chief executive member HS Shylla, while referring to the repercussions of mixed marriages and inadequate laws to protect the indigenous people vis-à-vis the immigration crisis that poses an imminent danger to the minority community, said during the summer session, “Here, we see what we call the silent invasion.”
However, he maintained that he was not against love relationships or marriages as “it is a personal choice”.
With regard to Khasi men, Shylla said, “A time will come when we will have to do the same with Khasi men and not just women. By then, there will not be a need for tang jait.”
Tang jait ceremony is held to accept a non-Khasi woman whom a Khasi man married, to a new clan.
The KHADC amended Section 3 of the principal act. After the existing Section 3 (c), a new sub-section 3 (d) has been inserted which states, “Any Khasi woman who marries a non-Khasi as well as her offspring(s) born out of such marriage(s) shall be deemed as non-Khasi who shall lose the Khasi status and all the privileges and benefits as a member of the Khasi tribe who cannot claim preferential privileges under any law.”
Again, in Section 2 of the principal act after the sub-section (q), a new sub-section (r) has been inserted which states, “Non-Khasi means a person not belonging to indigenous Khasi tribe classified as Scheduled Tribe under the Constitution (ST) Order, 1950 (Part III- Rules and Orders under the Constitution) Part XI-Meghalaya.”
The amended bill will apply even if a Khasi woman marries a man from any other tribe and not just non-tribals.
After the bill was introduced and later discussed by several MDCs, Shylla suggested that the bill should be passed on the same day that it was introduced and further said Chairman Teinwell Dkhar can take the sense of the House before passing the Bill.
Later, to get the sense of the House, Dkhar asked the members to raise their hands to get a unanimous decision, in which all the MDCs present raised their hands.
Considering the urgency of the situation, Shylla said a delegation of MDCs will meet the chief minister and the governor on Friday to expedite the assent of the bill. “If there is a need (we) will call a special session,” he told reporters.
Shylla pointed out that a large number of people misuse the Khasi Social Custom of Lineage for their personal advantages and self-interest which has jeopardised and seriously disturbed the social and cultural life of the Khasi people.
“It is, therefore expedient to provide a law for strictly following the prevailing Khasi Social Custom of Lineage to keep and preserve the traditional matrilineal system of society of the Khasis and for the protection of their interest,” the CEM said.
“There is an urgent need to further strengthen the Khasi Social Custom of Lineage by way of codification of Khasi Customary Laws for better implementation of the Khasi Hills Autonomous District (Khasi Social Custom of Lineage), Act, 1997,” he added.
Another reason for the amendment is to prevent claims of Khasi status by unscrupulous persons purely for constitutional benefits, concessions or privileges conferred on a Khasi.
According to Shylla, land can be transferred indirectly to non-tribals through marriage to Khasi women and laws such as the Trading by Non-Tribals Regulation Act, the Meghalaya (Benami Transactions Prohibition) (Amendment) Act, the Meghalaya Transfer of Land (Regulation) are not being able to protect the interest of the indigenous people.
Shylla informed that during inspection of shops, Khasi women would come forward to claim that it belonged to them whereas it belonged to a non-tribal.
He justified the amendment by saying there is always a possibility of an armed protest against the rising number of non-tribals and retaliation leading to bloodbath.
No retrospective effect
Shylla cleared the confusion around the Bill and said it will not be retrospective. He said that the Bill will not apply to mixed marriages which existed before the Bill clarifying that it will not be a retrospective law.
) “It will be implemented from the day the Governor gives his assent to the Bill and after it is published in the Meghalaya Gazette,” he said.
Support for the bill
During a discussion on the bill, many MDCs supported the bill and aired their views.
Shylla expressed gratitude to all the MDCs who participated in the discussion and supported the Bill.
Many of the MDCs took part in the discussion of the Bill. People’s Democratic Front (PDF) MDC Grace Mary Kharpuri agreed that mixed marriages pose a danger to the Khasi community and these are common even in the border areas of the state.
PDF MDC Hadrian Lyngdoh suggested an arranged marriage among the Khasis would be a better option.
UDP MDC Rona Khymdeit said the situation in Ri Bhoi district is different with regard to customary practices of people and urged the CEM to constitute a special committee to research about the practices as there is no tang jait in the district.
