SHILLONG: The CEM of Khasi Hills Autonomous District Council (KHADC), H S Shylla, introduced the amended Bill, Khasi Hills Autonomous District (Khasi Social Custom of Lineage) (First Amendment), Bill, 2018 which features a special case of patriliny during the special session held on Thursday.
In the existing Section 2 of the Principal Act, several new clauses were added such as Ring Bia or Shaw Bhoi , Duh Iing, infant, Khasi Custom of Lineage, Khasi Custom of marriage, Non-Khasi, Rangbah Kur, Tribunal, Tip Kur, Tip kha.
In the amended Bill, the customary practice of Ring Bia or Shaw Bhoi is defined as the customary practices prevailing among some native, indigenous Khasi clan in Ri-Bhoi where in the case of Duh Iing the Khasi male member of such family may marry a non-Khasi and his offspring take his clan or title and they may be deemed to be a Khasi if they fulfill the conditions of being a Khasi as laid down in the Section 3 of the Act.
Duh Iing as defined in the Bill, means a family having no biological female offspring.
The amended Section 3 of the Bill provides that disqualification of any Khasi who takes the father’s surname shall not apply in case of Ring bia or Shaw Bhoi.
It states, “Any Khasi who takes the clan title of his father for himself or his children shall no longer be a Khasi and he and/or his children shall be disqualified from all privileges, status and benefits as a Khasi. Provided that this clause shall not apply in case of Ring bia or Shaw Bhoi.”
As per the amended Bill, “Khasi Custom of Lineage” means a customary practice by which any Khasi person takes his or her clan from the mother and followed the matrilineal system of lineage.
Again, the amended Bill defines “Khasi Custom of Marriage” as a primary custom of marriage based on the principle Tip kur tip kha in Khasi Society involving two different Kur, jait or clans not related by any bond of consanguinity where a Khasi man from the Kur, jait or clan following a matrilineal system enters into marriage relationship or has married a Khasi woman from the other Kur, jait or clan in a matrilineal system.
The amended Bill has also inserted the term, “Tribunal” which means a tribunal constituted by the Executive Committee (EC) for the purpose of adjudication of appeals and claims of Khasi tribe status by any aggrieved person.
A new section 10A has been added after the existing section 10 (6) which has assigned the chief, headmen or Rangbah Kur (clan head) the duty to compulsorily file a complaint or inform to the Registration Authority or the EC any case of mixed marriage by any Khasi person to a non-Khasi or cases of violation of the Khasi Custom of marriage, Khasi Custom of Lineage or illegal change of surname, kur, jait or any provision of this Act.
After sub-clause (10) of Section 12, a new sub-clause (11) shall be added which states, “No change of surname, kur, jait or clan will be made by affidavit before any other Court, Magistrate, Notary Public or Authority except under the provisions of this Act.”
New section 13A has been added which deals with a Tribunal on Khasi Social Custom of Lineage. The Tribunal will comprise of chairman, vice chairman and three other members constituted by the EC to determine and decide all questions of Khasi Social Custom of Lineage and ancillary questions.
Further, the amended Bill provides that the chairman and the vice-chairman shall be appointed from amongst any Khasi advocates having seven years of experience as a practicing advocate.