By Toki Blah
The passing of the 2nd Amendment 2018 to the Khasi Custom of Lineage Act by the KHADC, hereafter referred to as the Bill, has managed nothing short of setting the cat amongst the pigeons. The uproar, the confusion and the hue and cry the Bill has managed to produce is to be seen to be believed. The Bill has managed, in one fell stroke, to expose the deep undercurrents that run beneath contemporary Khasi society. The surface has been scratched and the suspicions, misgivings and mistrust within our society have been laid bare. One of these relate to Khasi society’s dislike and aversion to our women marrying outside the tribe; cohabiting with outsiders or bearing children out of such interracial marriages. This write-up has no intention of being judgemental on this point. It is simply stating facts as they prevail in our society today. There are those who protest against interracial marriages within Khasi society because they believe it defiles and contaminates the purity of Khasi Blood. Purity of Khasi blood has yet to be scientifically determined, if it ever would, so best to leave such claims to the realm of scientific fiction where they really belong.
There is however the strong belief, and not without reason, that due to our matrilineal system, our peculiar land holding system and reservations enjoyed by our people due to their Scheduled Tribe status, unscrupulous and devious outsiders exploiting the situation through wedlock with our indigenous women does take place. Suspicions also exist that some inter-racial marriages are simply to surreptitiously convert the tribal woman and her offspring to some other faith. We resent this and justifiably so but in the same breath cannot deny that there are non-tribal spouses who genuinely love their families; they take great care to raise their children in our tribal way of life; they take pains to integrate themselves into the Khasi way of life; they add to the advancement of our society. Children from such families, bearing their Khasi mother’s name, have contributed greatly to the social and economic advancement of the Khasi Pnars. It has to be acknowledged. We cannot pretend this does not happen. The Good and the Bad exist side by side and it is not a singular phenomenon of this society and age alone. It has been there since time immemorial. There is evidence to show that our ancestors in their profound wisdom managed and handled their social problems with aplomb and elegant self confidence. The same problems confront our society today. Question is, do we still have the socio political composure to handle such challenges?
Identity is important, so what is it that determines my identity? There is growing evidence based on DNA that perhaps the Khasis form one of the oldest communities on Earth. Some claim with a 50,000 year history to boot. The most distinguishing feature of Khasi identity, handed down through centuries of existence and recognised even by the Constitution and Supreme Court of this great country, is the matrilineal system of descent that my tribe follows. Khasis are unique because lineage is from the mother’s side, irrespective of the father’s race. The exclusive practice of ‘tang jait’ is an added feature to our identity. These are the exceptional features that make me a Khasi and without them I would simply be just another nondescript individual on this planet. Now suddenly these basic and fundamental traits that identity me and my tribe; this tradition and culture moulded and sculptured by the wisdom of my forefathers and handed down to me through the ages, is suddenly declared, in a one day sitting of the KHADC to be flawed, defective and dangerous to my wellbeing as a Khasi. A Khasi as a Scheduled Tribe identified by virtue of Art 342 (1) of the Constitution now stands a chance of being stripped of both Khasi identity and ST status by a bill of the KHADC. Is this legal? The 6th Schedule is not even an Article of the Constitution and it simply empowers the KHADC to make laws in relation to social customs only. It gives the KHADC no authority, no power and no jurisdiction to divest and disfranchise any Khasi of their identity as such or status as an ST. This has been reserved for Parliament under Art 342(11). For the KHADC to overstep its authority in this regard would tantamount to excessive legislation, is repugnant to law and attracts Para 12A of the schedule. The bill therefore is ultra vires to the provisions of the Constitution.
The arguments above in no way attempt to deny or sweep under the carpet , instances of exploitation of a woman’s Khasi and ST status by unscrupulous non-Khasi spouses. We therefore have a problem. The Bill, in its wisdom, approaches the problem on the assumption that a Khasi woman is a conniving individual ever on the lookout for a wily non-Khasi husband, to swindle the tribe of its socio-economic and constitutional benefits. The Khasi woman together with her traditional ability to hand down lineage and property therefore has to be controlled, curbed and punished for her devious choice of life partners. Who is this abstract, theoretical, evil Khasi woman that the Bill so glibly proposes to contain? The truth is, in real life and not in its abstract form, this woman happens to be my and your own mother; our own daughters; our own sisters; our own spouses; our own nieces ; our own nah-nah and knia-kha. None with any vestige of evil in them. The truth is that the real Khasi woman is an integral part of the Khasi Jaitbynriew; as keen, as anxious; as committed as the next man to protect, promote and enhance the tribe in every way possible.
Evidence to the contrary shows that it is men, elected leaders, the ADCs composed of men (eg. Jaintia Hills and its cement plants) the syiems (eg. Iewduh), Rangbah Kurs, Rangbah shnongs who have time and again sold the Hynniewtrep tribe and its interests, to the outsider. A distressing reality most patriarchal mindsets refuse to acknowledge! We also refuse to research if in most cases of interracial marriages where abuse of ST privileges has occurred, the woman might have actually been duped, misled and hoodwinked by a scheming non-tribal husband. Has anyone cared to look at it from this perspective? The woman could be more of a victim rather than the willing co-conspirator to a crime. Unfortunately the hunch that she is a willing co- conspirator has resulted in the present Bill proposing to punish the victim. If we could only try to see her, our own flesh and blood, as a victim then perhaps we could come up with legislation that would offer better protection and safeguards against exploitation. This however calls for a mindset change. A puritanical and patriarchal mindset that seeks a solution through political brinkmanship is hardly the answer. A statesman like approach is called for that accepts both men and women as accountable and trustworthy members of the jaitbynriew. They need to merge together, in unison, as equals to protect, promote and uplift the community. Is the KHADC mentally equipped, prepared and ready to facilitate such progressive evolution of Hynniewtrep social customs? That is the real challenge.
In the end it is the ‘kur’ system that is the mainstay of our unique identity as Khasis. The ‘kur’ derives its composition from the practice of matriliny and tang jait. The ‘kur’ is composed of both men and women who play their respective defined roles in upholding the jaitbynriew. We need to ask ourselves what is it that really binds us together as a jaitbynriew? Is it party politics, traditional institutions, language, faith, belief systems, land holding pattern or what? It is the ‘kur’ (clan) system that we follow as a matrilineal society. That is the cement. Khasi identity revolves round the core institution of the ‘kur’. Without the ‘kur’ there would be no Hynniewtrep people. Strengthening the institution of the ‘kur’ is the social custom KHADC needs to enact. It has the potential to protect us from what we fear. Attempts to divide the ‘kur’ into Khasi and non-Khasi members is not the answer. How do we protect the jaitbynriew by destroying the root of its identity? If Khasis today mill around in confusion and chaos especially in relation to the future of our destiny under the sun, the neglect and collapse of the ‘kur’ system, is the prime reason for this sad state of affairs. We need laws to empower the ‘kur’ system so that it delivers on the jaitbynriew’s 21st Century needs. Use the ‘kur’ system to protect and preserve our unity. Coming up with KHADC chastity belts for our women is hardly the answer to the call for Khasi unity and empowerment.
(The author is President of ICARE)