Despite the constitutional protections, the journey towards fully recognising and integrating Khasi customary laws within the Indian legal system has been fraught with challenges. The tension between preserving traditional customs and adapting to the requirements of a modern legal framework continues to pose significant challenges. This includes issues around land rights, traditional governance structures, and the rights of women and other marginalised groups within the community. The path forward requires a nuanced understanding of the historical injustices and the complexities of integrating indigenous legal systems with national laws. This involves:
- Legal Pluralism: Recognising the legitimacy of indigenous legal systems and allowing for their coexistence with the national legal framework.
- Cultural Sensitivity: Laws and policies should be formulated and implemented with a deep understanding of the cultural, historical, and social contexts of indigenous communities.
- Participatory Governance: Ensuring that indigenous communities have a say in the laws and policies that affect them, respecting their right to self-determination.
- Education and Awareness: Raising awareness among the wider population about the history, culture, and rights of indigenous communities to foster greater understanding and respect.
In essence, the story of the Khasi and their encounter with British colonial law, followed by their integration into the Indian legal system, underscores the need for a legal and governance approach that respects diversity, promotes equity, and honors the rich cultural heritage of all communities.
All laws enacted by the Autonomous District Council were documented and archived by the British colonial rulers, later inherited by the Assam Government. However, the codification of customary laws remains incomplete, with only certain modifications or amendments to existing laws being executed. There is an urgent need to amend specific laws enacted by the British to align with original Khasi customs and practices. Key modifications include redefining the youngest daughter as the last daughter of maternal choice, framing inheritance as custodianship of family properties, expanding the definition of property to encompass both tangible and intangible assets, and restoring the authority of the eldest maternal uncle over the implementation of resolutions passed by the family council.
The British interpretation favouring the youngest daughter was literal, whereas in Khasi custom, she should be the last daughter to remain in the core family, not necessarily the youngest. Conventionally, the mother, in consultation with her eldest brother or maternal uncle, selects the most obedient and suitable daughter or niece to inherit family properties after her demise. However, under the faulty law enacted by the British, every youngest daughter claimed ownership of ancestral possessions, undermining the authority of the maternal uncle and disregarding other family members. This flawed practice often resulted in instances where the youngest daughter, pampered by her parents, engaged in socially objectionable activities while neglecting family responsibilities. Upon the mother’s demise, she would assert her claim to all family possessions, alienating other family members. Rectifying these legal inconsistencies is crucial to preserving Khasi familial structures and preventing undue disputes over inheritance.
THE LEGAL PROVISION FOR THE WELFARE OF THE COMMUNITY
The concept of family properties in Khasi culture extends beyond material possessions to encompass the care and custody of vulnerable members, such as deranged individuals, orphans, and relatives facing misfortune. However, British law on Khasi customs neglected the traditional authority of the maternal uncle over both tangible and intangible family assets. It is essential to empower eligible senior maternal uncles to participate in decision-making within the family council, guided by consensus rather than personal discretion. The prevailing oral culture among Khasi families entrusted significant responsibilities to maternal uncles within the maternal family and clan structure. Yet, flawed British laws allowed the youngest daughter to claim ancestral possessions, leading to instances of misuse of authority by maternal uncles.
Under the Sixth Schedule to the Constitution of India, state laws supersede laws enacted by Autonomous District Councils in the event of conflict. Therefore, it is imperative for Autonomous District Councils to proactively enact or amend laws in accordance with authentic Khasi customs and practices. Failure to do so may force the indigenous Khasi community to comply with state or national legal processes. Central to Khasi cultural identity are elements such as ethnic clan kinship (Kur), the ethnic language (Ktien Kmie), and the management of ethnic land (Khyndew Nongkynti).
Other tangible aspects, including folk costumes, music and dance, traditional cuisine and beverages, festivals and ceremonies, and agricultural and structural technology, reinforce the community’s authentic character. According to Khasi creation myth, the seven clans settled near the Sohpetbneng peak, maintaining separate clusters while interacting socially and reproducing. As they expanded, the clans journeyed outward, symbolising the radial distance of approximately twelve miles from the nucleus of human genesis, Sohpetbneng peak. This initial segment of land holds significant cultural and historical importance for the Khasi people, representing the beginning of human settlement and subsequent expansion of the seven clans across the surrounding territory.
The chronology of the Khasi creation myth traces the origin of humanity from the seven maternal families descending from the golden vine atop the Sohpetbneng peak, known as the heavenly umbilical cord. While the creation of the five elements – sun, moon, air, water, and fire – is universal, the concept of the celestial navel at Sohpetbneng peak is unique to Khasi myth and has archaeological evidence of ancient habitation. The umbilical cord symbolises the divine human soul, with the earth representing the mortal body and the spirit embodying independent human emotion. This myth underscores the profound connection between every soul and the maternal source, evident in the universal process of human reproduction and nurturing.
Therefore, laws enacted by the Autonomous District Council should prioritize matters related to clan kinship, language, and land – fundamental to Khasi national identity. Preserving ethnic cultural attributes within maternal clan kinship is crucial to resist modern perceptions and the influence of dominant cultures. Economic prosperity should remain within the Khasi community to prevent benefits from seeping into other communities. The law could mandate scrutiny and punitive action for social transactions with non-Khasi communities. Traditional properties should be registered, monitored, and reserved for community purposes without external interference. Legal documents and proceedings should be prepared in Khasi or bilingual languages (Khasi and English), with legal binding given to the Khasi version. Involvement of experienced legal experts is essential to frame and promulgate these measures effectively, ensuring the preservation of the Khasi community’s ethnic identity.
THE ISOLATION OF MATRILINEAL SOCIETY
The need for legal reform arises from a shift in the mindset of local people, influenced by deceit and hypocrisy introduced by Western colonial rulers, primarily the British, and later adopted by Bengali administrative clerks. The British viewed the tribal people of the Northeastern region of India as primitive and barbaric, leading to their ruthless invasion. Despite resistance from enlightened local leaders, Welsh missionaries were sent to sway the vulnerable minds of the populace, resulting in significant casualties on both sides. The legacy left behind by the British includes flawed laws that present administrators struggle to navigate. However, there is hope for reform and a return to the indigenous wisdom of ancestors, one of which is the matrilineal clan lineage tradition.
Similar challenges to the sustainability of the matrilineal system exist worldwide, despite the widespread influence and imposition of the patriarchal system. The Khasi and Garo communities in India and Bangladesh have maintained their vibrant tradition, perhaps due to the isolation of the region. Conversely, communities like the Nair of Kerala and the Bunts and Billava communities of Karnataka in mainland South India have adopted the patriarchal system. In Indonesia and West Sumatra, the Minangkabau uphold the matrilineal system alongside devout adherence to Islam, while neighboring Malaysia follows the patriarchal system.
In the Americas, the Gitksan community practices matrilineality, whereas various Native American tribes have shifted to patriarchy. The matrilineal system also persists among the Musuo community in South China, the Akan, Ashanti, and Tuareg communities of Africa, and the Serer community of Senegal, Gambia, and Mauritania. Notably, in Sri Lanka, both the Islamic Sufi Shaykh and Tamil communities strictly adhere to matrilineality. The pressure from the patriarchal system has led to the proliferation of male chauvinism and the imposition of hostile customs, such as restrictions on women’s activities within households and social spaces.
