“The proposed amendment clearly seeks to excommunicate and ostracise a Khasi woman who marries a non-Khasi and her children, in contravention to our customary practices, human rights law and our Constitution,” they said.
Meghalaya State Commission for Women (MSCW) chairperson Theilin Phanbuh, State Commission for Protection of Child’s Rights (SCPCR) chairperson Meena Kharkongor were among the signatories of the memorandum submitted to the governor on Monday.
The others include Civil Society Women’s Organization (CSWO), Thma U Rangli Juki (TUR), North East Network (NEN), Faith Foundation, Ka Lympung Ki Seng Kynthei (KLKSK) and Patricia Mukhim, the editor of The Shillong Times.
Seeking the governor’s intervention into the matter, the women leaders said, “Given the serious nature of the lapses and violations to the many Constitutional provisions and our customary practices, we sincerely urge you to withhold assent to this problematic Bill.”
The KHAD (Khasi Social Custom of Lineage) (Second amendment) Bill, 2018 was passed by the Khasi Hills Autonomous District Council (KHADC) during its summer session held on July 25.
According to the Bill, “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.”
Also alleging that the Bill seeks to recast the Khasi Matrilineal practise by seeking to strip a Khasi woman and her children of their Khasi and Scheduled Tribe status, they said, “This Bill is bad in law because it violates the Article 14, 19, 21 of the Constitution of India which embodies the right to equality and to freedom of choice and expression.”
They claimed that many of these questions have in fact been settled in the Supreme Court through various rulings including the recent Hadiya case adding the proposed amendment also conflicts with the Constitution Scheduled Tribe Order 1950.
On the other hand, the women activists pointed out that the Bill is being justified on grounds of protecting the Khasis against economic exploitation and land alienation, but this was done without proper and diligent research.
Stating that the amendment Bill will not in any way resolve what is sought to be projected as being the crisis in Khasi society, they however said in fact legislations such as the Land Transfer Act and the Benami Act already exist to protect and curb economic exploitation and land alienation.
“These need to be strictly implemented in letter and spirit,” they said while also urging the need to bring a Land Ceiling Act such that rampant land alienation leading to landlessness especially rural landlessness is immediately checked.
By Our Reporter
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