By Melarbor L Thabah
One of my mates highlighted a column from U Raiot which is an online editorial website with a catchy headline aptly titled “KHADC, Please Stop Playing Around and Pass the Amended Khasi Customary Laws”. I’m flipping these words with few clarifications on the issues which are:
Role of the Uncle: The uncle is held in a high moral place in the family especially in rural areas where advice is solicited from him on major family issues such as being called for discussing on relations, engagements, marriages, funeral proceedings, sale of ancestral property and for ceding the ancestral or parental property in case of the demise of the parent(s) who are the land owner(s). In terms of property transfer, when the ownership name of the land documents is in living parent(s)’ name, even if the uncle(s) opposes ceding of the ancestral or parental land, the land owner; parents, whose name is in the documents, can cede the land to whomever child they want and the opposition of the uncle(s) will not stand in court. On the demise of the parents, handing over of the ancestral or parental property to the youngest or only daughter or the last son sans daughters, the uncle(s) has advisory power which the aunties and fellow siblings, if adults, will also have a say. The uncle’s role in today’s world is akin to that of the governor which is mainly advisory in nature. The real power pertaining to male figures is with the father who paid every cent for the overall growth of his children; day in and day out till they are adults whereas the uncles have foremost obligation to his own family.
Role of the Youngest Daughter: When the ancestral land has been ceded by the parents to the youngest or only daughter with all documents having been mutated in her name in the form of a Gift Deed or a Will, she can do whatever she wants with that land and no opposition by any party such as aunties or uncles will stand in court.
Inheritance Bill: The privileges of the Khasi male and female in relation with inheritance of ancestral or parental property is being studied by the KHADC Committee since March 28, 2025 which is 1 year, 6 months and is expected to be tabled and passed by the council. Keeping in mind the fundamental freedoms of privacy, thought and expression, the KHADC should leave this inheritance issue up to the wisdom of the parents as to which gender they choose to cede their or ancestral property. The Khasi custom of ceding the property to the youngest or only daughter should NOT be mandatory but customary which can be enhanced to any daughter or gender at the final discretion of the parents as to which gender the property is ceded to. In case of demise of the parents, the Will or Gift Deed, if written, must be honoured by the Court. In case no Will is left on account of the parent’s demise, then when the children become adults, they will decide amongst themselves or as per customary law who shall get the property.
Amended Lineage Bill: Lineage refers to the line of descent, the pedigree to carry on the family tree line through generations. In the Khasi community, the surname of the children is ceded to the mother and not the father. a). Ceding of Father’s surname married to a Khasi Woman – There is opposition of ceding the surname of the children to the father amongst Khasi couples since it may wrought confusion when it comes to marriage or cohabitation when the children decide to settle down with fellow Khasis. Juxtaposed to this, is also observed that in small rural villages where Khasi couples inhabiting such villages, matrimony is also observed with people holding the father’s surname where the groom or bride still calls them uncles or aunties thus sharing distant or near relations since only two to four surnames exist in that village and neighbouring village(s). The confusion expressed above is also encountered here where genetic similarity consisting of small clan numbers may breed inborn genetic diseases. It is pertinent to note that on June 2, 2023, the Allahabad High Court ruled that the right to change the name or retain it falls under the Fundamental Rights to Speech, Thought and Expression of Article 19(1) to Life and Personal Liberty of Article 21, to equality of Article 14. Any restriction by any entity is an infringement of this Fundamental Right.
b). Ceding of Father’s surname married to a Non- Khasi Woman – Two pathways are observed by Clans when a Khasi male marries a non-Khasi female. Certain Khasi clans do not accept adoption of the father’s surname in its originality thus warranting modification. In Ri Bhoi district, the children of the Bhoi father from only two clans can adopt his original surname by Law called “Shaw Jait”. However, it is observed practically, that all the clans of the Bhoi people use the “Shaw Jait” clause to adopt the father’s original surname on to their children. Since the Bhoi people constitute one of the strings under the Hynniewtrep umbrella, then it is logical to extend this to all the hynniewtrep people since we are one people. Certain Khasi clans accept adoption of the father’s surname to his children in its originality on the premise that if a Khasi woman who has children with a non-Khasi man can adopt her original surname to her children, then a Khasi man can also do the same when he has children with a non-Khasi woman. The modification by adoption of the surname “Khar” when a Khasi man has children with a non-Khasi woman must be done away with prospectively since there are many surnames with Khar already in existence.
The Khasi people under the KHADC are only 12 Lakhs approximately and with more educated Khasi people having only two children, the Khasi population will decline after 1 decade. Hence, to have so many totally new Khasi surnames in such a small group of people inhabiting a small piece of shrinking land thanks to Assam, will create more confusion about who is “Kur”. That is why, totally new surnames must strictly not be allowed by the KHADC. Those clans who had made totally new surnames when a Khasi male has children with a non-Khasi female should revert back to the original father’s surname or by simply adding “Khar” before the original surname to avoid tang “Kur” confusion in a one-time settlement under the authority of KHADC through its Notification Settlement claims.
c). Kinship Law – must “never” be passed by the KHADC because of the Affinal and Fictive Kinships which will certainly create further loopholes for certain female Khasis who procreate with non-Khasi fathers be they Non-Tribal or Other Tribals or from other races of the world, to use these loopholes to further their nefarious hidden agendas.
d). “Want All – Get All” mentality sans Compromise – Those who oppose ceding of the children’s surnames to the father which I surmise will not hold water legally in view of Articles 14, 19(1) and 21 of the Fundamental Rights which are fundamental to us as Indian citizens. Nonetheless, another compromise can be reached where people or an entity who vehemently oppose ceding of a father’s original surname to his children from a Khasi mother or the father’s original surname from a non-Khasi mother should hold the same breath and have that same energy whereby they must also oppose ceding of the ST certificate to Khasi women who have children born from non-tribal or other tribals or men from all races of the world. This is fair, balanced, justifiable and justiciable. Taking advantage of the situation in a matrilineal society by procreating with non-Khasi fathers is not the vision that our forefathers who agreed with Khasi women for us Khasis to be a matrilineal society had envisioned. Such procreation endangers our identity as Khasis by giving rise to Khasi children who do not look like the Austro-Asiatic Khasi but rather have looks or phenotypes belonging to other people of the world. We are pro-love but there must be consequences which include the stripping away of the ST certificate of their progenies if no compromising deal is reached between the pro and the naysayers. If they agree, then justice equilibrium is attained in the Khasi society. If no agreement, status quo must be maintained by modifying the Lineage Act again to allow the children to take up either father or mother’s surname which is in consonance with the Allahabad Court ruling to names given because “Constitution Trumps Customs”. This “want all-get all” mentality must be abrogated in favor of the “Art of Making the Deal”. I am not against Khasi women who procreate with non-Khasi fathers. I am against Khasi men and women who are hypocrites when it comes to ceding a father’s surname to his children.
