SHILLONG, Nov 1: A cross section of stakeholders are of the view that the Khasi Hills Autonomous District Khasi Inheritance of Property Bill, 2021 should be placed in the public domain to enable the citizens to give their views and suggestions on this important Bill which relates to customs and traditions.
Speaking with The Shillong Times, Leader of Opposition in the KHADC, Pynshngainlang N. Syiem said that it will be a good thing to place any new legislation in the public domain especially if it deals with the customs and tradition.
“If it is a bill to codify the existing tradition and custom then it does not necessarily require being placed in the public domain,” Syiem said.
He also said that he will suggest to the Executive Committee (EC) to place this important legislation in the public domain and invite suggestions from the general public. Syiem explained that while in the earlier days the practice was for the youngest daughter to get the lion’s share of the ancestral or parental self-acquired property, things have now changed. “Most of the parents are now giving a share to all the siblings. At the end of the day it is the will of the parents which will be the deciding factor as to who they would choose as the legal heir of the parental or ancestral property,” Syiem added.
Echoing similar views, Maitshaphrang Movement (MSM) chairman, Michael Syiem said that it has been more than 30 years that they have been leading the campaign on this issue.
“We actually wanted this matter to first be debated within the family. It is for this reason we had not made any demands on the need to come up with a legislation on this issue,” Syiem said.
He however said that if the KHADC comes up with the legislation then it will be applicable only in Khasi Hills.
“The problem is that this practice prevails even in the Jaintia Hills and Garo Hills too. The KHADC should put the bill in the public domain. We are also aware that there is inter-marriage between Khasi and Pnar,” the MSM chairman said.
According to him, there is a need to have one common legislation which will be applicable to all since Khasi and Jaintias are one community.
Meanwhile, he said that there should be a wider public consultation on the Bill which the council has formulated.
Syiem observed that even the Parliament and State Government always seek the views of the stakeholders and the general public on any new Bill which they propose to put up for legislation.
“Public consultation is necessary to allow people to give suggestions and feedback especially on such a sensitive issue related to custom and tradition. If we have consultations then we can address questions on any clause in the bill,” the MSM chairman said.
The lone woman legislator from Khasi-Jaintia Hills, Ampareen Lyngdoh said that there is merit in taking cognizance of the ground facts in this Bill.
“However, details of this proposed Bill should be placed in the public domain for better insights. My observation here is that the modern generation’s review of the historical contents of customary laws will bring better application of law in communities. However, consultation with society should also be on source materials to be reviewed,” Lyngdoh said.
She further observed that the liberal approach on review of customary laws should also extend to other issues of matrilineal rights, practices and convention.
“Why not also review other stringent patriarchal tenets which are a hindrance to women’s empowerment in areas of village governance and political prominence,” Lyngdoh questioned.
She further added that if property and inheritance are under scrutiny, other areas of laws, placing women in mere procreation roles should be reviewed with equal focus and enthusiasm.
Lyngdoh also said that inherited property and self- acquired property have separate interpretations in the Khasi system of eligible inheritance, and the application of ‘will’ has never been contested, according to her knowledge.
“Customary laws may require scrutiny but ancient tribal wisdom must be cautiously respected and conserved,” Lyngdoh said.