Editor,
As a member of the Khasi Tribe, I would like to comment on the Khasi Social Custom of Lineage, First Amendment Bill 2018 recently passed by the KHADC.
Firstly, the word ‘Tang Jait’ used in the Bill is a religious term of one religion; when applied here, it gives shape to communalism which is unpleasant to many other members of the Tribe. This may be deleted and replaced by the word ‘Ai jait thymmai.’ But instead of Tang Jait”, we may adopt the custom of Ringbia or Shaw Bhoi for all non Khasi women married to Khasi men. This will help reduce the number of new Khasi clans which come up every time Khasi men marry non-Khasi women. The same practice can be allowed for all men of the Khasi Tribe who marry non Khasi women for the sake of uniformity.
Referring to Sl. 4 of the bill, why is the whole section 3 of the Act deleted completely? This present bill is silent on the status of the children of a Khasi mother born from non-Khasi father. Does this mean that they are not recognised any more as Khasis? This is pure discrimination and such Act will not stand before the court of justice when the Tribe is still practising matrilineal system of lineage. In fact, the KHADC and the State Government cannot stop love marriages between Khasi women and non-Khasi men; not even the parents. In course of time the population of children born from non Khasi fathers will increase and ultimately create a division among the Khasis. Therefore we can visualize the confusion and the sorry state of affairs which will prevail at that time within the society and in the state. Non-issue of Scheduled Tribe certificates to children born from non-Khasi fathers will create more problems and people will go to courts to seek justice and the court may ask for DNA tests to decide the cases. Who will be blamed when these things happen?
Also as per S1.7 of the bill, Amendment of section 6 of the Principal Act, especially deletion of the sub section 6(b), not allowing Khasi mothers to register and apply for ST certificates for their children born from non-Khasi fathers clearly confirms what is mentioned at S1.2 above.
As per S1.6 of the Bill, Amendment of Section 5 of the Act, it is not clearly specified as to which authority – the District Council or the State Government will issue ST certificates. This require clarity once and for all. But it is commonsense that the state government should retain that power. Also, a Khasi Tribe certificate is not necessary to be issued by the District Council when the ST certificate is issued by the State Government.
As per section 7 of the Principal Act, the second part of sub section (3) says, ‘within three years from the date of birth after the commencement of this Act’, seems to contradict the- Amendments of Sections 3 & 6 of the Principal Act which may be checked and corrected or sent back to KHADC for review.
Section 10 (c) of the Principal Act deprives Khasi status to persons who do not follow the matrilineal system of lineage. This Act is flawed because it is against the science of genetics. The criteria to be Khasi is not from the matrilineal or patrilineal system but on the basis of backwardness. Moreover, many Khasis have been practising the patrilineal system of lineage for over a hundred years since we received such wisdom through civilization. At present their numbers may be between fifty thousand to one lakh with many more moral supporters. Therefore, any attempt to divide and segregate the Khasis from Khasis by the KHADC is nothing but taking away the personal rights of the people and this will give rise to problems stated at SL2 above.
But I hope and pray that God will give divine wisdom to our leaders and to the Government on how to deal with these sensitive issues in order to prevent further division of our Khasi Tribe. Instead, the KHADC can make the Bills in such a way to accommodate the customs of War people also as they did in the case of Shaw Bhoi. To speak the truth, the Khasi politicians are to learn many things from their Garo counterparts.
Yours etc.,
B.L. Lyngdoh
Shillong-3
Corrupt & tainted politicians
Editor,
The newly elected assembly of Mizoram does not have a single woman MLA. After the election results were announced on December 11, 2018, a study report by Associations of Democratic Reforms (ADR) revealed that as many as 36 out of 40 newly-elected MLAs in Mizoram are crorepatis. The outgoing assembly had 30 crorepati legislators. The average assets per MLA in the Mizoram 2018 assembly elections is Rs 4.84 crore. In 2013, the average assets per MLA was Rs 3.10 crore. Also the average assets of the 26 MLAs from the MNF is Rs 4.97 crore; the highest being Rs 5.13 crore for each of the five winning candidates from the Congress party. The average assets for the eight independent MLAs is Rs 4.39 crores, while the lone BJP MLA has declared assets worth Rs 3.31 crores. Growth of average assets per MLA works out to 56% approximately.
Regarding criminal records, the ADR said only two MLAs (both from the MNF) have declared cases against them, as against none in the outgoing assembly. Kudos to the ADR for this report! By a similar study ADR may also bring out the statistics of the other four states viz Telengana, Madhya Pradesh, Chattisgarh and Rajasthan, the results of which were declared on the same day and put that in the public domain. The electorate has a right to know how the assets of MLAs have grown exponentially. Are the MLAs spending MLA-LADS for development activities in their constituencies or pocketing the amount for growth of their personal and familial prosperity? At the same time the voters of the state have a right to know why majority of MLAs have not declared if there are any criminal records against them-which is mandatory and a violation of the Representation of the Peoples’ Act, 1951 and therefore unconstitutional. That no woman has been elected in the newly elected assembly of the state of Mizoram underscores the fact that the state is indifferent to the cause of women and does not believe in women’s empowerment.
Once the status of above parameters of the newly elected assembly legislators of the four other states are exposed by the ADR the voters will come to know about the qualitative change they have been able to bring about in their last assembly election by unseating one group of individuals from the helm of power and replacing another set of individuals from different political parties. This will enable the electorate to choose the candidates they feel are honest and capable of providing selfless services to the people. It would also be clear as to which of the states are seriously concerned about the cause of women; the elimination of their woes, protection and empowerment.
In a large country like India, where majority of population cannot afford to have two square meals-a-day, if corrupt politicians with disproportionate and exponential growth of personal assets and criminal antecedents are elected, democracy cannot survive. It is high time for the Apex Court and the Election Commission of India to step in and take control of the traumatic situation for remedial strictures and directives to the Executives, to cleanse the administration and make the country free from corrupt & criminally tainted politicians by debarring them to contest elections for life.
Yours etc.,
Samares Bandyopadhyay
Advocate, Kolkata High Court