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Proposed Khasi inheritance bill evokes lukewarm response
KHADC chief executive member Titosstarwell Chyne said the proposed legislation has been misunderstood
The proposed Khasi Hills Autonomous District Khasi Inheritance of Property Bill, 2021 has evoked lukewarm response from the stakeholders with some welcoming it while others advising caution. A sizeable chunk of the indigenous population for whom the proposed bill is intended, believes that it has been announced without proper and adequate consultation and is a premature attempt to woo voters for the ensuing 2023 assembly elections.
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 ‘Kaiktiar longbriew manbriew’ from Sohra, opines that one must also consider the flip side of the law proposed by the Khasi Hills Autonomous District Council (KHADC).
Among matrilineal Khasis, lineage and inheritance is traced through the mother, and not the father. The community, which comprises nearly half of Meghalaya’s total population (2011 census), practices the custom of the youngest daughter in the family becoming custodian of the family’s land and assumes responsibilities of taking care of parents, unmarried or destitute siblings.
As per custom, she’s not the owner of the property and can sell it only after getting permission from her maternal uncle. Over years, there has been a demand among some section in the community seeking a change in the custom so that sons and other daughters in the family also get equitable share of the family property.
SRT advisor Keith Pariat tells HT, “It may have detrimental effects if this law is activated right away as we feel that the majority of Khasi males will be led to misuse the wealth given to them, as at this present moment, they have not been taught to be responsible by custom and may not be ready to handle wealth responsibly.”
He claims it was therefore important to ensure that males are first made “responsible” and only then allowed to inherit any wealth or property. “Imagine an alcoholic or drug addict inheriting money or property, what do you think he would do?,” he asked.
Echoing similar sentiments, Mait Shaphrang Movement (MSM), another civil rights group which came to fore in the 80s pointed out that the Meghalaya assembly had already passed the Meghalaya Succession to Self-Acquired Property (Khasi & Jaiñtia) Special Provision Act 1984. MSM convenor Michael Syiem said MSM only wants an amendment to this act to include “Ancestral Property” as well without having to bring in a new law.
“The Khasi Pnar are one people, we want a common law [and] not two separate laws by two separate district councils. And before this amendment, we want wider consultations with all stakeholders and invite more inputs especially with this issue being serious and sensitive,” Syiem said, before adding, “If the Garos want to be included in this law, it justifies a 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 articulating views on various socio-economic issues concerning the indigenous population ,said such an inheritance law is not as urgent as a lineage bill.
“Instead of making new bills why doesn’t the District Council enact the pending bill which is most needed at this hour, the Khasi Social Custom of Lineage Bill 2nd Amendment 2018 which will really safeguard the Jaitbynriew (Indigenous people)?, STIEH president Ms D Tongper said.
KHADC chief executive member Titosstarwell Chyne said the proposed legislation has been misunderstood.
“The objective of this bill has been misunderstood. It is not mandatory that all the children will get 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 nowadays, despite the age-old practice of the youngest daughter inheriting ancestral property and becoming its custodian, several parents are giving other siblings a portion of their property as well. “There won’t be any problem if the youngest daughter does not object,” he said.
Chyne cited an interesting clause in the draft bill which says the youngest daughter cannot claim to be the legal heir of the property if she does not take care of her parents.
Chyne emphasised that the legislation will protect the will of the parents who want to distribute parental property equally among all their offspring and empower the Khasi male to avail finance facilities from banks in lieu of their land/inheritance as collateral.
“The bill seeks to codify and make provision for regulation and administration in the inheritance of property amongst the Khasi in consonance with the prevailing practice of the Khasis in the Khasi Hills,” he explained.
The CEM further said that another clause in the bill specifies that an offspring who marries a non-indigenous person and adopts the culture and tradition of the spouse will not be entitled to any share of the property.
Responding to observations that such a clause seemed too harsh, Chyne said the members of the Council can deliberate on this issue once the bill is tabled in the House during the re-assembled autumn session on November 8.
The KHADC chief had earlier pointed out that there was no law to regulate the inheritance of property in the indigenous society.
“We have no law to address issues concerning tribal parents who have only sons, parents without children or ‘Iapduh’ who do not have anyone. This has led to many disputes among families of different clans,” he had said, providing a strong rationale for the new legislation.
“We want to ensure equal distribution of property among the siblings, both sons and daughters, instead of saying that only the youngest daughter should inherit the parents’ wealth,” he had said, while categorically stating, “However, we have inserted a provision that it all depends on the will of the parents as to whom they want to bequeath their property.”
