By Aristotle Lyngdoh
The move of the Executive Committee of the KHADC under the leadership of HS Shylla is commendable, the reason being that the Councillors have for the time being ventured into a different kind of politics away from the politics of money that has always dominated the Council affairs and has been a bone of contention for many years. In fact the intention of the CEM to tackle and prevent the attempt for acquiring permanent settlement by illegal migrants is no doubt appreciable. The argument brought by HS Shylla is purely on the threat from influx and the inability of many indigenous families to control their daughters from cross cultural relationships. While there is some truth in the arguments proferred by the CEM, those who are opposing this Bill too have genuine reasons which are socially and culturally valid and true. But whenever there is conflict of opinions in our society, the sad thing is that personal matters are being flared up as another tool and strategy to achieve their own objectives. Such things should not happen in a progressive society and tolerance that we often propagate should first begin at home.
In my opinion the Bill does not make any difference at all for now so why should we fight among ourselves? And let me try to substantiate this lacuna but firstly, the action that HS Shylla has taken is a good example for all the legislators as well as those aspiring to contest elections in the near future that the primary purpose of being an MLA or an MDC is to deal with the process of legislation and not just to become popular and enjoy facilities but to be devoid of intellectual capacity. The major drawback in our legislative process is that most of those who are elected do not have the capacity and brain to analyze and comprehend the holistic aspect of legislation and its implication. Legislative debates and discussions do not necessarily mean to oppose the Bill, but for deliberation and to obtain precise information on the nature of the Bill. Unfortunately, they have become merely numbers or head counts to second any motion that ensures their position. I am shocked to see that such an important legislation has not gone through the process of legislative debate and discussion to solicit and draw from its logical and cultural background which is meaningful and acceptable to one and all. Had there been a contentious debate, the Bill would have not been hastily passed. Perhaps they (MDCs) are not bothered about the outside world for as long as their position is firm. Who knows after a few months someone might engineer a plan to topple HS Shylla citing some flaws in the recent Bill which they are party to as of now.
Till the day that this Bill was passed in KHADC and until it is assented to by the Governor the sole authority for certifying the ST status is vested with the Deputy Commissioner. And for quite some time now the District Administration has laid down strict criteria for applicants to prove their indigenous identity. But for those whose parentages are from cross-cultural marriages, the only option available is to produce an NOC (No objection certificate) from the clan or ‘kur’. Here is a serious lacuna for as long as a particular clan or ‘kur’ is willing to accept and recognize a person or children whose father is not a Khasi, then why should others obstruct the process. We must not forget that this acceptance by the clan is culturally in the interest of the clan or ‘kur’ to multiply and populate in order to retain their status and ownership in the society and community. The present Bill is also silent about adoption by Khasi couples of non-Khasi children. There are many instances where most of the barren couples prefer to adopt children from the non- Khasi family. In this case what will be their status?
As far as the recent legislation passed by the KHADC is concerned, I am afraid that the primary foundation of tradition and pillars of customary laws are being kept out. There is no doubt that the foundation of this unique community is under tremendous pressure and there is confrontation from every aspect. As a community that once believed on the principle of divine humanity (tip briew tip blei) by and large it has deviated from this truth. The threat to this unique identity are many and the Council has failed to identify them accurately as not being solely from illegal migrants or cross-cultural marriages per se. Therefore, any legislation brought forward to protect and promote the customs and traditions should also cater to all these issues and threats.
In the strictest sense of Khasi custom the sanctity of marriage is of utmost importance and therefore, it is lawful to marry a person from outside the clan than from the same clan. In other words, cross-cultural marriages or intermarriages are more acceptable than incest or sexual affairs within the clan and to some extent within the same sex. But so far no one has ever dared to come forward with meaningful legislation to prevent these kinds of affairs that are not socially acceptable so far, in the entire society or in the clan. Let us not forget that the clan system or the ‘kur’ is the foundation and pillar where all essential customs and traditions of the community hang. The ‘kur’ is the pivotal element for the entire race to propagate itself on the face of the earth. If there is anything unique in our society it is the clan system. The logic that our forefathers have established on the clan system or the ‘kur’ is distinguishable and formidable where the fabrics of kinship was very strong in the past.
To further supplement the Bill, the KHADC should have also enacted few more clauses that will enable arranged marriages among the Khasis especially for those clans or families that are on the verge of extinction due to various factors such as over-age, choice of individuals, etc. At the same time there should be clauses that will bind and restrict Khasi males from the freedom and habit of abandoning their wives and children. As a professional who has been associated with the development of poor and vulnerable families in rural areas for quite some time, the present Bill will adversely impact these poor households from single-parent families by pushing them to impoverishment and stigmatization within their community. But we must remember that our forefathers were not inhuman. They established laws and customs strictly on divine providence and factual necessity. For a law to sustain over a period of time, it should definitely conform to the humanitarian laws of humanity encompassing all aspects of human life and not just human existence.