SHILLONG, Nov 10: Acceding to the demand of the Opposition members, the Khasi Hills Autonomous District Council has decided to refer the Khasi Hills Autonomous District (Khasi Inheritance of Property) Bill, 2021 to a select committee which will, in all likelihood, place it in the public domain. The announcement was made on the final day of the re-assembled autumn session of the Council on Wednesday.
The select committee will be headed by KHADC Chief Executive Member (CEM), Titosstarwell Chyne, while the Secretary to the Executive Committee, G. Syiemiong will be the member secretary.
Other members of the committee include Leader of Opposition, PN Syiem, Congress MDCs Charles Marngar and Carnes Sohshang, Executive Member in-charge of Building Bye-Laws, Paul Lyngdoh and NPP MDC, Lamphrang Blah.
Earlier in the day, Congress MDC from Nongstoin, Gabriel Wahlang moved an amendment motion demanding that the bill be referred to the select committee.
Addressing reporters after the end of the three-day session, Chyne said that the argument of the opposition MDCs was justified as they did not get enough time to study the bill since it was circulated to them only on Monday.
According to him, the decision to refer the bill to the select committee would give the MDCs adequate time to examine the bill and submit their considered views and suggestions.
“I will not like to rush to pass the bill at this juncture since it is a very important bill which relates to the customary practices of the Khasi people,” Chyne said.
He also said that the select committee will seek the views of all the stakeholders and social organisations who are concerned about the customary practices.
“We would also be seeking legal advice on this bill. I think it is the right decision to refer the bill to the select committee,” the KHADC CEM said.
Asked why the EC did not put the bill in the public domain before tabling it in the House, Chyne said he personally felt that it is the duty of the Executive Committee to make laws.
“However, after the bill is tabled in the House, members are entitled to bring any amendment they feel necessary. The bill can also be referred to the select committee as was done today,” Chyne said.
He reiterated that the objective of the legislation was to streamline the customary practice of inheritance of self-acquired or ancestral property by ensuring equal share among siblings, both male and female.
According to him, the usual practice of inheriting property differs even among the tribes and sub-tribes.
Stating that the practice in War Shella is that both daughters and sons get equal share of ancestral or parental property, he said the system among the Khynriam sub-tribe is such that the major share goes to the youngest daughter.
“However, it is not mandatory that there should be equal distribution of property among all siblings. Everything will depend on the written will of the parents,” Chyne said.
He also stated that the legislation will pave the way for parents who want to distribute the property equally among the siblings.
The KHADC CEM also justified the clause which deprives the inheritance right of any Khasi woman who marries a non-tribal and adopts the culture and practice of her non-tribal spouse.
“How can she enjoy the inheritance when she has adopted the customs of others?” Chyne questioned.
He said that the sons or male siblings will feel empowered and have a sense of security if they can get a share of the parental property. “It will also help to boost the spirit of the male siblings if they get equal treatment,” Chyne said.
Meanwhile, Chyne also informed that the select committee will definitely place the bill in the public domain, adding that he did not want this whole process to take a long time. “We would like to reintroduce the bill in the next session,” he said.
Informing that the select committee will have its first meeting next week, he said that the panel will have the liberty of seeking suggestions from any committee or individual, if necessary.
Meanwhile, Leader of Opposition PN Syiem said that they had impressed on the need to refer the bill to the select committee since it was circulated only two days ago. “We need to have an in-depth study of the bill to be able to make it water tight and acceptable to everyone,” Syiem said.
He stated that the bill is not a codification of what was practiced from time immemorial.
According to him, there are some new modified clauses which have been incorporated in this bill. “The select committee can invite views and suggestions from traditional experts and stakeholders,” Syiem said.
Referring to one glaring lacunae in the bill, he said that there is a clause which mentions that the district council court will issue certificates on the inheritance of property.
“How can the district council court issue certificates on policy matters of the Executive Committee (EC)? I am of the view that there should be an officer in the EC who will issue such papers,” he said.
He wanted to know how they will involve the officials of the district council court in issuing the certificate in the Act.
According to him, some of the language which has been mentioned like the loss of the right of inheritance needs to be toned down since it is appears to be an attempt to directly interfere in the personal relationships of the children.
He said that equal distribution of property among all siblings cannot take place since it will be like going against the age-old customs.
“Yes we can mention that 30 per cent of the share of the property shall be reserved for the male siblings. There is a need to maintain a balance to ensure that the age-old tradition is preserved. Therefore, we need to be very careful,” Syiem said.
As per the proposed Bill, any Khasi can distribute his/her property — sell-acquired or ancestral — among children by writing a will (pynkam) “as far as practicable”. When there is no will or family declaration, then the prevailing Khasi custom (that of the youngest daughter getting the full share of the property) will prevail.
The bill stipulates that even if the property is distributed through a will, it should happen on the condition that the youngest daughter inherits the house of the deceased parents.
The bill also adds that any Khasi woman or a child of a Khasi woman, who marries outside the community, as well as those who marry against parental consent will lose inheritance rights.