Khasi Inheritance of Property Bill, 2021

Social Issues Tribes and Races

02-Nov-21

Context: A district autonomous council in Meghalaya announced that it would introduce the ‘Khasi Inheritance of Property Bill, 2021.

Aimed at “equitable distribution” of parental property among siblings in the Khasi community.

Provisions of the proposed bill

Firstly, the Equitable distribution of parental property among siblings both male and female. It aims at “economic empowerment based on the principle of equitable distribution of property”
Secondly, the provision would let parents decide their will.
Thirdly, the bill would prevent a sibling from getting parental property, if they marry a non-Khasi and accept the spouse’s customs and culture.

Matriliny in Meghalaya
The three tribes of Meghalaya — Khasis, Jaintias, and Garos — practise a matrilineal system of inheritance.
In this system, lineage and descent are traced through the mother’s clan, like

Children take the mother’s surname,
The husband moves into his wife’s house, and
The youngest daughter (khatduh) of the family is bequeathed the full share of the ancestral — or the clan’s — property.
The khatduh becomes the “custodian” of the land.

SHE assumes all responsibility associated with the land, including taking care of aged parents, unmarried or destitute siblings.

Custom also dictates that the khatduh cannot sell the property, without permission of her mother’s brother (maternal uncle)
Since he technically belongs to the mother’s clan, through which descent is traced.
This inheritance tradition applies only to ancestral or clan/community property, which has been with the family for years.

On the other hand, the self-acquired property can be distributed equally among siblings.

In this traditional setup, if a couple does not have any daughters, then the property goes to the wife’s elder sister and her daughters.
If the wife does not have sisters, then the clan usually takes over the property.

Impact of the proposed Bill

If implemented, the proposed Bill would modify an age-old customary practice of inheritance of the matrilineal Khasi tribe.
The Bill is yet to be introduced in the Khasi Hills Autonomous District Council (KHADC), and its provisions have not been made public.
It is too early to say whether such a Bill will actually be made into legislation as the process is long-drawn and may draw opposition.
Since KHADC is a body under the Sixth Schedule of the Constitution, it does not have the power to legislate.
Paragraph 12 A of the Sixth Schedule gives the final right of passing a law to the state legislature.
While some groups have been campaigning for such legislation, they do not quite agree with the manner the KHADC has introduced the Bill.

Issues with the present Bill

Use property as Collateral: Many times, boys are not able to take loans because there is no collateral to show.
Litigations: Sometimes, when a couple has no children, and there is no genuine heir, the clan takes over the property, as per custom. It leads to a number of lawsuits by children against their parents.
Inequitable resource distribution: Over the years, a few groups have protested the system of property inheritance, saying it “disinherits” men.

Road Ahead

Community Participation: Some argue that such a bill should have been brought after consulting all stakeholders in the society, talking to community members.
Sharing family responsibility: Bestowing property rights equally to all children will also make caring for the aged and destitute in our society a shared responsibility.
Protection of Society's Values: Principles of Khasi matrilineal society, namely lineage and inheritance, need to be protected.
Landless also to be considered: That 70 per cent of Khasi families are property-less and thus needs to be acknowledged when discussing property rights and this Bill.

Additional Facts
Sixth Schedule (Article 244)

The Sixth Schedule of the Constitution deals with the administration of the tribal areas
In the four northeastern states of Assam, Meghalaya, Tripura and Mizoram.
The Governor is empowered to increase or decrease the areas or change the names of the autonomous districts.
While executive powers of the Union extend in Scheduled areas with respect to their administration in Vth schedule,

The VIth schedule areas remain within the executive authority of the state.

The acts of Parliament or the state legislature do not apply to autonomous districts or are applied with specified modifications and exceptions.
The Councils have wide civil and criminal judicial powers, like establishing village courts etc.
However, the jurisdiction of these councils is subject to the jurisdiction of the concerned High Court.

The sixth schedule to the Constitution includes 10 autonomous district councils in 4 states.

Assam