No consensus yet on proposed change to Meghalaya Khasi tribe’s inheritance law

SHILLONG : Legislation proposed by the Khasi Hills Autonomous District Council (KHADC) to change the age-old custom of inheritance among Meghalaya’s Khasi tribe — where the youngest daughter in the family inherits the entire share of the parental property — has evoked mixed reactions among stakeholders with some welcoming it and others advising caution.

A sizeable chunk of the indigenous population for whom the proposed Bill, (The Khasi Hills Autonomous District Khasi Inheritance of Property Bill, 2021) is intended, believes that the way it has been announced without proper and adequate consultation seems to imply a premature attempt to woo voters for the 2023 assembly elections.

Among the matrilineal Khasis, lineage and inheritance are traced through the mother, and not the father.

The community, which comprises nearly half of Meghalaya’s total population of 3,366,710 (according to Unique Identification Aadhar India, May 2020 data), follows the custom of the youngest daughter in the family becoming the custodian of the family’s land and assuming the responsibility of taking care of her parents, unmarried or destitute siblings.

However, she isn’t the owner of the property and can only sell it off after getting consent from her maternal uncle. Over the years, there have been demands to amend the inheritance customs so that sons and other daughters can also get an equitable share of the family property.

But a prominent group advocating for a patrilineal system since 1990, Syngkhong Rympei Thymmai (SRT) which was founded on the principles of the 1960/61 movement of ‘Ka iktiar longbriew manbriew’ (which means ‘The authority to live a proper life’ and was inspired by the book titled Thymmei Ka Longbynriew (‘Source of Humanity’). The book sought an answer to the question as to why Khasi men were lagging behind others, sociologically and economically and argued that this was due to matrilineal succession) from Sohra, advises caution about changing the custom.

“It may have a detrimental effect if this law is activated right away as we feel that the majority of the Khasi males will misuse the wealth given to them as they haven’t been taught to be responsible by custom and may not be ready to handle wealth responsibly,” said SRT Advisor Keith Pariat. “...Imagine an alcoholic or drug addict inheriting money or property. What do you think he would do?”

Echoing similar sentiments, Mait Shaphrang Movement (MSM), another civil rights group that came up in the 1980s, felt that this action of the KHADC has been one of the main agendas of the movement since its inception.

Pointing out that the Meghalaya assembly had passed the Meghalaya Succession to SelfAcquired Property (Khasi & Jaiñtia) Special Provision Act, 1984, its convener Michael Syiem said MSM only wants an amendment to this Act to include “ancestral property” and not a new law.

“The Khasi Pnar are one people. We want a common law, not two separate laws by two separate district councils. And before this amendment, we want wider consultations with all stakeholders and invite more inputs as this issue is serious and sensitive,” Syiem said, adding, “If people from the Garo tribe want to be included in this law, it justifies state legislation. This law will economically empower all children in the family.”

Another organisation that has surfaced lately, the Saiñdur Tipkur-Tipkha Ïeng Ehrngiew Hynñiewtrep (STIEH), which has been focusing on various socio-economic issues of the indigenous population, feels that a lineage bill is more urgently needed. “Instead of making new bills why doesn’t the district council enact the pending Bill, Khasi Social Custom of Lineage Bill 2nd Amendment 2018, which will safeguard the Jaitbynriew (indigenous people)?” STIEH president D Tongper said, adding, “In many cases where a family is wealthy, we have seen that family property is also given to a son with mutual understanding between the parents and the elders.”

KHADC chief executive member Titosstarwell Chyne sought to clear the air over the proposed Bill. “The objective of this Bill has been misunderstood. It is not mandatory that all the children will get an equal share of the parental property. It depends on the will of the parents to decide who will be the genuine heir of the property,” Chyne told HT over phone. He said that nowadays there are parents who give property shares to other siblings as well. “There is no problem if the youngest daughter does not object,” he said. A clause in the Bill states that the youngest daughter cannot claim to be the legal heir of the property if she does not take care of her parents.

“This legislation will protect the will of the parents who want to equally distribute the share of the parental property with all their offspring,” Chyne said while expressing confidence that the passage of this Bill will empower the Khasi male to avail of bank loans against their inheritance.

MAIT SHAPHRANG MOVEMENT (MSM), ANOTHER CIVIL RIGHTS GROUP THAT CAME UP IN THE 1980S, FELT THAT THIS ACTION OF THE KHADC HAS BEEN ONE OF THE MAIN AGENDAS OF THE MOVEMENT SINCE ITS INCEPTION.