The Sixth Schedule is not superior to the Constitution of India which directs our lives and guards our freedoms. Article 21 of the Constitution guarantees the right to marry the person of one’s choice. The right to life is guaranteed by the Constitution. This privilege can only be taken away by a law that is substantively, procedurally, and substantively fair, just, and reasonable. The power of each individual to make decisions on subjects vital to the pursuit of happiness is intrinsic to the liberty guaranteed by the Constitution as a fundamental right. The Khasi Hills District Council has subversively taken away the right of a Khasi woman to marry the person of her choice by dangling the Sword of Damocles over her head. Now, if a Khasi woman marries a non-tribal she will lose her Scheduled Tribe status and so too will her children. This means she is stripped of the right to inherit or buy property in the State of Meghalaya. This Act needs to be tested in a court of law before the district councils abuse the Sixth Schedule which is intended to be the custodian of customary practices and which above all is guided by the Constitution. So while a non-tribal woman who becomes a spouse of a Khasi male is inducted into the Khasi fold along with her children and is given a new clan name with the prefix ‘Khar’ why is it taboo for a Khasi woman to marry a non-tribal? This Act is misogynistic, sexist and reeks of Khasi male chauvinism.
An intrinsic part of Article 21 of the Constitution is the freedom of choice in marriage, the Supreme Court had stated emphatically on more than one occasion. The apex court also holds that when crimes of coerced marriages occur, they are the outcome of a state’s ineptitude or unwillingness to protect its citizens’ fundamental rights. Article 21, which deals with the right to life and personal liberty, is a broad provision that encompasses the inalienable right to marry the person of one’s choice. Further, the Supreme Court in a particular ruling said, “The role of society in deciding our choice of spouses is non-existent.” Article 21, which deals with the right to life and personal liberty, is a broad provision that encompasses the inalienable right to marry the person of one’s choice. According to Article 21 of the Indian Constitution, the right to marriage is an element of the right to life. Within the scope of the right to start a family, the right to marry is also specified in the Human Rights Charter. The right to marry is a universal right that applies to everyone, regardless of gender. The freedom to marry has also been viewed as an intrinsic aspect of the right to life under Article 21 by several courts around the country. What is curious is the Governor’s assent to the Bill when he has yet to understand the intricate nuances of the Khasi tradition and society and the malicious intent behind the Bill.
