Shillong: The Khasi Hills Autonomous District Council on Tuesday decided to recall from the state government its amendment bill that seeks to deny Khasi women who entered into wedlock with men outside the tribe, the Khasi status and various privileges, as well as children born out of such wedlock.
The Khasi Social Custom of Lineage (Second Amendment) Bill, 2018 was passed by the Council on July 25 by amending the principal act - Khasi Social Custom of Lineage, 1997.
Sub-section 3 (d) in the second amendment bill states, "Any Khasi woman who marries a non-Khasi as well as her offspring(s) born out of such marriage(s) shall be deemed as non-Khasi who shall lose the Khasi status and all privileges and benefits as a member of the Khasi tribe who cannot claim preferential privileges under any law."
Speaking to reporters after a meeting of an executive committee of the council, chief executive member, Hispreaching Son Shylla said the committee would write to the Meghalaya government to send back the second amendment bill to the council for fine-tuning.
"We wanted to fine-tune the bill by inserting a clause that will specifically state that a Khasi woman, who entered into wedlock with men outside the Khasi tribe, would also lose the privilege to take the surname from the mother," said Shylla.
Governor Ganga Prasad had recently forwarded the second amendment bill to the state government for its views. The amendment bill is now being examined by the state district council affairs department, along with the law department.
"A section in the principal act stated that a violator of the act would be liable to a fine of just Rs 5,000. We have to amend this penalty clause by increasing the fine amount, since it is so easy to pay the fine by violators of the act especially after earning crores of rupees," Shylla said.
Asked if the amendment bill was hurriedly passed on July 25, Shylla said, "It was a not a hurried move, because the need to bring out such a law has been a long felt need for the interest of the indigenous tribe and to prevent misusing of the tribal status through marriage."
According to Shylla, in rural areas, restricting Khasi women from entering into wedlock with men outside the tribe has been a customary practice. "The amendment bill is not only legislation, but more of a codification of the customary practice," Shylla added.
Stating that there was nothing wrong in preserving and protecting the Khasis, Shylla said, "Article 29 of the Constitution on protection of interests of minorities also states that any section of citizens residing in the territory of India or any part thereof and having a distinct language, script or culture of its own, has the right to conserve those."
Shylla said the council would also form a consultative committee on the need to fine-tune the bill.
Earlier, questions were raised on whether a Khasi woman who married a non-Khasi would earn the Khasi status again in case she marries a Khasi after the death of her non-Khasi husband.
Shylla said, "We are not making the law based on presumption. One thing is clear that once the amendment bill is fine-tuned, a Khasi woman who marries a non-Khasi would cease to be a Khasi along with her children and she cannot also take the surname of the mother."
In Meghalaya, the Khasi tribe follows the matrilineal system by taking the clan name from the mother.
Shylla said that the council also decided to recall the first amendment bill passed by the Council in 2015 which had "wrongly" inserted a clause related to the process of appointing a clan elder ( rangbah kur).
Shylla said this clause should be deleted, and instead come up with a Khasi Clan Bill, which will underline the appointment of rangbah kur (clan elder), and registration of all clans.
Shylla said the executive committee of the council also approved an executive order for the creation of the Council of Traditional Chiefs and Headmen as per paragraph 2 of the Sixth Schedule.
