HC asserts need to embrace gender equality

In its order passed while hearing a petition filed one Aneeta Synrem, the Division Bench said, “…as is evident from the submission made on behalf of the KHADC and the Syiem of Mylliem, since several villages have opted out of the prohibition on the participation of women in the process of electing the headman or the local administration, it may do well for both the KHADC and the Syiem of Mylliem to initiate discussions and try to persuade the residents of the other villages which have not opened the system to women to be more forward thinking and embrace gender equality in the sense that the Constitution of the country requires it.”

Also stating that the third gender and persons with different sexual and identity orientations are now recognised universally and also in this country, the bench said, “It is better that the elementary equality that the petitioner seeks to espouse comes out of consensus rather than by dint of a judicial diktat.”

The court further stated that it was heartening that both the KHADC and the Syiem of Mylliem are open to the Court’s suggestion to initiate discussion on the matter to ascertain whether the equal right being granted to women in the process of electing the local administration or headman finds favour across the board.

“It is hoped that by the time the matter appears next eight weeks hence, the KHADC and the Syiem of Mylliem will have something positive to report for the Court not to be required to adjudicate the issue raised,” it said.

The petition was related to a district council law and the attendant rules that do not permit a woman to offer herself as candidate for the post of headman or even to participate in the process of election or selection.

The law in question is the Khasi Hills Autonomous District (Appointment and succession of Syiem, Deputy Syiem, Electors and Rangbah Shnong of Mylliem Syiemship) Act, 2007.

During the hearing, it was submitted on behalf of the KHADC that there are several villages where, upon a request made by the relevant village, women do take part in the Dorbar in the process of election.

The Syiem of Mylliem also confirmed such position and suggests that a request in such regard should come from the Pynthorumkhrah village of Shillong.

Three district councils function with subordinate authorities for lesser regions or elakas and even villages being set up as per the tribal or clan customs.

The court said unlike what was reflected in the earliest reports on the tribes in this region authored by the erstwhile British rulers, which was also substantially reflected in the Montagu-Chelmsford Reforms, tribals across the State now have access to all modern facilities and televisions, mobile telephones and FMCG products are easily available even in the remotest corners.

“With educational facilities having increased and the aspiration level rising, particularly since a matrilineal system is followed and, by and large, women are treated with great respect in the society, it may appear to be somewhat of an aberration that only by reason of her gender a woman may not participate in the process of deciding who would govern her in the immediate locality,” it further asserted.

Meanwhile, the next hearing on the matter will be held on December 13.

By Our Reporter