By Toki Blah
In Meghalaya, people love to discuss development. The subject usually makes front page news reports; the amount allotted for a scheme or else the agenda for heated discussions between politicians, wannabe politicians and pressure groups ( the so called Seng Bha Lang). Surprisingly however such discussions are carefully crafted so as not to cross preconceived taboo boundaries and the issue of Human Development Index (HDI) forms one such taboo that is carefully avoided. The (HDI) is a composite statistic used to measure a state’s or community’s overall achievement in three basic dimensions of human development: health, education, and standard of living.
The elephant in the room that often inhibits meaningful discussions on the standard of living, by all three tribes of Meghalaya is the topic of love, teenage sex, traditionally accepted live-in arrangements and the perplexing and apparently unsolvable saga of the abandoned single teenage mothers. It is no exaggeration to state that more than 60 % of tribal families, irrespective of status, social standing, of urban or rural backgrounds or faith followed , have been subjected to the trauma of a pregnant teenage daughter and also the trauma of what to do with a juvenile son who allowed his overactive libido get the better of his judgement. This is no sudden development or social change that has caught us unawares. Instead it is an age old custom of our respective tribes, tolerated and put up with because of tradition, but which has now become an economic millstone around our necks; one which demands modification as per demands of the times, As our societies struggle to cope with the issue of poverty and social destitution, we find single teenage motherhood one of the singular reasons that constantly contribute to this social malaise. So how do we tackle it?
For a change let’s keep aside the travails and anguish of the unwed, abandoned single mother and shift focus to the child or children of such mothers. First question- are children of a poor abandoned single unwed mother entitled to the basic human rights enjoyed by children of normal families? Are such children entitled to education, health and nutrition issues, protection from the cold and the elements, entitled to innocent children’s games and fun like any other child? The answer is a loud and definite “Yes.” The realistic fact however is that such children don’t even realize such rights exist! The only right they know since birth is their right to struggle and fight to simply stay alive. These are the hallmarks of poverty; a state of existence these children are made aware of from their birth. So the next question is – who is responsible for bringing such children to life and to such a miserable existence? Obviously the parents who created life through sexual intercourse. Now in the matrilineal society that we in Meghalaya follow, lineage passes through women, though this doesn’t always translate into economic or social empowerment. The traditional support system for unwed ,single and abandoned mothers usually comes from the Kur or the clan the woman belongs to. Today we find the Kur system has collapsed or is on the verge of collapse. The joint family system usually managed by the kni ( maternal uncle) and the Khatduh, the usual refuge for the less fortunate members of the kur or kpoh, has more or less ended. Today individual members of the kur, especially the economically weak, are expected to take care of themselves in a cold , indifferent, uncaring world. In an abandoned family, the welfare of the kid(s) remains the responsibility of the mother. What then is the responsibility of the father?
Attempts to answer this question within the social context we live in today will entail one to walk through a controversial social minefield. There is the conservative traditional view that the responsibility of the father ends with the birth of his child, whom he perceives as an addition of numbers to his wife’s clan. His obligation ends there and he can then, if he so wishes , simply walk away as a carefree bachelor, free perhaps to impregnate and father another child from another innocent female somewhere. Appallingly he can continue with such irresponsible behavior ad-infinitum. A flawed social acceptance is that a delinquent father, especially in a live-in relationship, can simply walk away from his parental responsibilities; return home and is welcomed back by his parents. On the other side of the fence is the other tribal male adult, educated or uneducated, Christian or niam tynrai, who takes pride in his role as head of his family; who like any other caring father the world over, takes pains to ensure that he is able to provide the best to his wife and children. He realises that a father’s responsibility goes far beyond financial support, but also includes being a role model, protector, teacher, and emotional anchor for his children. Yes, traversing the role of a tribal male, requires the ability to understand and appreciate two distinct types of adult male behavior. I would, however focus on the irresponsible type for he is the main contributor to our subject of discussion – the neglected fundamental rights of an abandoned child. The matrilineal system is not the problem. The tragedy is in the unreasonable clinging to outdated tradition and customs and reluctance to introduce social reforms that conform with the demands and needs of the 21st century. So who will do it?
Now within the topic of a father with the wandering eye, do we have legislation or laws to enforce the right of the child? Surprisingly, it seems we do. Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with the maintenance of wives and children. Under Art 21 of the Constitution, the father has the responsibility to protect a child’s fundamental rights (life, dignity, health, development). The father has legally enforceable duties towards financial maintenance. support, care and protection together with ensuring the child’s dignity and well being. Its obvious the law of the land has not failed its children and it has also identified the institutions that are supposed to enforce and implement these protective measures. The mandate of three state level institutions towards protecting and maintaining the rights of a child in India is legally quite clear. These three institutions are (a) The Social Welfare / Women and Child development Department ((WCD) (b) the State Commission for Pprotection of Child Rights(SCPCR) and (c) The Autonomous District Councils (ADCs) under the 6th Schedule. The time has come for us to analyse how these three agencies have performed in their duty towards enforcing the Rights of the Child.
First let’s turn to our (ADCs and the powers granted to them under the 6th Schedule for such necessary changes in our tribal customs and practices. These Councils have legislative, executive, and judicial powers over specified subjects including marriage, and social customs of the local tribes. Sadly only silence, lack of empathy and indifference has emerged from our ADCs over the plight of our unwed single mothers and their children. Political correctness by holding on to outdated tradition seems to have taken precedence over the need for social reforms. ADCs have failed us is the only sad conclusion one can arrive at!
How about our state government? It has an agency known as the State Commission for Protection of Child Rights (SCPCR). It is an oversight and watchdog body. It monitors government systems relating to enforcement of child rights issues; inquire into complaints of child abuse and child rights violations while also recommending prosecution when the need arises; It is also mandated with an advisory role to government by suggesting new laws, policies or reforms needed to enforce child rights. So is SCPCR aware of the non- existing rights of poor abandoned children of Meghalaya and if yes whether it has advised the state government of the need for special laws on the matter, especially on ways to restrain absconding fathers? Sadly information on such positive action by the SCPCR remains a state secret.
The next state level institution is The Social Welfare / Women and Child Development Department (WCD). It is the main government agency responsible for implementing children’s rights on the ground. One of its duties is support to orphaned, abandoned, or vulnerable children. Here too the question arises as to whether the WCD has performed its duty towards the welfare of these abandoned children and to implement their rights? Again we come across a disappointing silence.
Now if poor, illiterate, teenage mothers bring forth children, ignorant of the rights their abandoned children are entitled to, it is my belief that it’s the duty of the SCPCR and the WCD to take appropriate legal steps to set right a social wrong. Often it might involve a juvenile male but if a boy feels old enough to father a child, he should also be old enough to know (actually the duty of his parents, school or church to inform him) of the legal circumstances that are bound to follow. POCSO or abuse of child rights are some of the laws that might be attracted. As a society the time has come to call a halt to this irresponsible behaviour of our men running round like untamed scrub bulls, without responsibility or accountability for their actions. No one, whoever they might be has the liberty, in the name of custom and tradition, to override the rule of law.
