Meghalaya’s Khasi Hills Autonomous District Council (KHADC) has recently been in the news for its announcement to introduce the ‘Khasi Inheritance of Property Bill, 2021.’ The bill aims at “equitable distribution” of parental property among siblings in the Khasi community. The proposed bill could potentially modify an age-old customary practice of inheritance of the matrilineal Khasi tribe.
The Power of KHADC and the Sixth Schedule
KHADC is a body under the Sixth Schedule of the Constitution. However, it does not have the power to legislate. Instead, Paragraph 12 A of the Sixth Schedule grants the final right to pass a law to the state legislature. The Sixth Schedule of the Constitution administers tribal areas in Assam, Meghalaya, Tripura, and Mizoram, aiming to safeguard the rights of the tribal population in these states.
This special provision is found under Article 244 (2) and Article 275 (1) of the Constitution. It enables autonomy in administering these areas via the Autonomous District Councils (ADCs), which can make laws concerning areas under their jurisdiction.
Understanding the Matrilineal System of Inheritance
Three tribes in Meghalaya − Khasis, Jaintias, and Garos − follow a matrilineal system of inheritance. Lineage and descent are traced through the mother’s clan, meaning children adopt the mother’s surname, husbands move into their wives’ houses, and the youngest daughter (khatduh) inherits the full share of the ancestral or clan property.
The term “khatduh” refers to the custodian of the land, responsible for maintaining the land and taking care of aged parents, unmarried or destitute siblings. This inheritance tradition only applies to ancestral or clan/community property. Self-acquired property can be distributed equally among siblings.
Interpreting the Matrilineal System’s Impact on Women Empowerment
Critics, including women activists, argue that Meghalaya’s matrilineal system seldom empowers women. For instance, the misconstrued understanding of custodianship as ownership vested in one person, the youngest daughter, comes with a heavy responsibility and lacks real power. Moreover, the custodian cannot buy or sell the land without her maternal uncle’s agreement.
Many people incorrectly equate the matrilineal system with matriarchy, where women serve as heads. Despite having freedom of movement and easier access to education, women are not decision-makers in Meghalaya. The representation of women in power, politics and institutions is minimal.
About the Khasi Inheritance of Property Bill
The proposed Bill aims to deliver an “equitable distribution” of parental property among male and female siblings. It permits parents to choose their property’s heirs. The bill denies a sibling from acquiring parental property if they marry a non-Khasi and adopt the spouse’s customs and culture.
The Need for the Bill
Over the years, certain groups protested the property inheritance system, arguing that it “disinherits” men and demanded equitable property distribution among all children in the family. This would modify the ancient customary practice of inheritance of the matrilineal Khasi tribe.
The Impact of the Bill
This legislation intends to empower economically based on the principle of equitable distribution of property. As a significant step towards reforming age-old practices, the bill has the potential to bring about some positive changes in the lives of the Khasi community.