The Dorbar Ki Waheh Kur (Dorbar of clan elders) of Jaintia Hills has given the Jaintia Hills District Council an ultimatum to come up with a codified list of clans in Jaintia Hills so that the customary practice of adopting the mother’s clan or the matrilineal system is upheld, honoured and not eroded by individuals who in recent times have adopted the father’s clan name for various reasons. In a matrilineal society marriage within the kur or clan is taboo. Considering kinship ties exist between different kurs, such as Lamare, Sun Sumer, Papang and Susngi and intermarriage between these clans is prohibited, the chances of intermarriage between these clans cannot be ruled out without proper documentation. In his book, *Khasi Customary Law*, Daniel Stone Lyngdoh lists the clans related through kinship ties and those that exist as a single clan. This extensive research by the author must be acknowledged as it involved significant time and effort. The JHADC should refer to this book if it lacks the wherewithal to codify the matrilineal clans of the Jaintias.
Since the Khasi and Jaintia society claims to be matrilineal it is important that customary laws based on that foundation are upheld at all times. Although the Constitution of India does not mandate such codification of customary laws because cultures evolve and are not set in stone, codification creates a written record, reducing confusion and conflicting interpretations while protecting customs from erosion. The modern age has seen migration and changing lifestyles with younger generations often unfamiliar with oral tradition. Codification would ensure that co-sanguinity or the biological relationship between blood relations, is not violated. Codification enables the present generation to internalise their customary practices. Oral tradition relies on wise elders retelling stories, which is no longer possible today. Consequently, younger generations grow up without knowing or understanding these customary practices, such as recognizing their “Kur” (mother’s clan relatives) and “Kha” (father’s clan relatives). Recording customary laws helps preserve them for future generations.
It is easier for Courts and traditional institutions to refer to a written code rather than relying solely on memory or differing interpretations. Hence this reduces the possibility of arbitrary decisions. Besides codified practices reduce the chances of discriminatory practices.There has been a long-running debate over whether the Autonomous District Councils should formally codify customary laws relating to clans, inheritance and traditional institutions. The Councils have the constitutional authority to legislate on these matters but they are not under a constitutional obligation to do so. Hence the Dorbar Ki Waheh Kur of Jaintia Hills may claim that the Sixth Schedule requires District Councils to codify clan laws but that claim is not supported by the text of the Constitution. The Schedule grants the power, not a mandatory duty, to legislate on such customary matters. However, now that the matter has reached a point of conflict between traditional institutions and the District Council which is seen as the upholder of traditional and customary practices, a debate on this issue is called for.
