SHILLONG: Governor Tathagata Roy has returned the Khasi Hills Autonomous District (Khasi Social Custom of Clan Administration) Bill, 2018 which was passed by the Khasi Hills Autonomous District Council on November 22, 2018, directing the Council to further consider certain aspects of the Bill.
This was informed by KHADC Chief Executive Member (CEM) Teinwell Dkhar on Tuesday. He said the governor returned the Bill with a message.
Dkhar told the summer session of the Council that the Executive Committee after receiving a copy of the message on June 24 had examined the matter and it was discussed with the Synjuk ki Rangbah Kur which gave its views and comments. However, the matter needs further discussion and deliberation with all stakeholders and a report will be submitted in the subsequent Council session.
While analysing the Bill, the governor pointed out sub-clause(iii) of clause 6, which states that “No Khasi Tribe Certificate shall be issued without such clan (Kur) Certificate”, appears to be derogatory to the provisions of the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997 in which, provisions for the criteria/procedure for registration and grant of a Khasi Tribe Certificate have been laid down. In the event that such a provision is to be incorporated, the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997 may require amendment.
Another point which the governor indicated is that of Clause 15 which he stated appears to be derogatory to Article 21 of the Constitution of India, which states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”.
Roy further pointed out that there is nothing reflected in the instant draft Bill as to whether the provisions therein shall be in addition to the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997 or otherwise.
Again, he asserted that the aforesaid draft Bill in the present form is also in conflict with the earlier Acts on the succession of Chiefs, Appointment of Syiems, etc. legislated by the KHADC on customs. These laws where the clans were already included/defined have been legislated and were accepted and are being followed by each and every tribe of the district down the ages.
“The KHADC cannot therefore now, legislate a law debarring certain groups from being recognised as a ‘Tribe’. A custom once legislated into law becomes a law and is no more a custom. Hence, any other laws made on the same or similar subject cannot be a custom and has to be legislated keeping in mind the fundamental rights guaranteed under the Constitution of India and also other laws already legislated on the same or similar subject,” he said.
According to Roy, Clause 15, which prohibits a person from acquiring the clan name/surname from the father, appears to intrude into the customary practice of groups of people in some villages whose customs differ from the other Khasi tribes, as seen from the judgment of the Gauhati High Court delivered on May 26, 1965 on the issue of “Jaid” taken from the father [Equivalent citation 2008(1) GLT180, in the matter of A.S.Khongphai – Vs – Stanley D.D. Nichols Roy & Anr].
Again, the governor said there are some contents in the Bill which are not the customary practices of the Khasis but are new concepts such as registration of Seng Kur/Registrar General, issuing of Sanad to the Rangbah Kur, setting up a tribunal on Khasi Clan Administration etc. which if codified in the present context, will be bad in law.