ABSTRACT: “The Khasis (Khynriam, Bhoi, War, Pnar, Synteng, Maram-Maharam Hima, Mawiang, Lygngam) are the largest tribe which are found in the State of Meghalaya other than the Garos; this tribe is consisted with their own culture, traditions and customs which has been practiced since time immemorial. This paper seeks to explain the Khasi family system which often leads to misunderstanding and misconception between matrilineal and matriarchal society. This paper demonstrates in writing the actual practice subjected to motherhood, marriage, gender preference, the importance of the Maternal Uncle and the role of the Khasi females and the youngest daughter or ‘Ka Khadduh’ among the Khasis that has been followed till today though there are different explanations and interpretation in different books and texts by different writers and researchers with regards to the Khasi family system resulted to which family system the Khasis followed. It also involves an explanation of the related laws which are applicable in such system though the customary laws are uncodified. 

KEYWORDS: Ancestors, Customary, Khasis Tribe, Ka Khadduh , Khasi Hills Autonomous District Council, Matrilineal, matriarchal.

STATEMENT OF PROBLEM: The Khasi Tribe is one the northeastern tribes that have flourished throughout the country and the world pre and post-independence in many ways. Its culture, traditions, customs and linguistics has been research by various researchers on the national and international level but to bring out and proved its conclusion about the origin and history of the Khasi which includes all its system is a massive and might be an impossible task for anyone to do so this is because the Khasis have no written scripture until the arrival of the British and Welsh missionaries. The main problem that is to be found in this research is the confusion and misconception about the Khasi family system that is; is it matrilineal or matriarchal? Another controversial problem is the role of a Maternal Uncle which often been confused that his authority is supreme than that of a Father.

RESEARCH QUESTIONS

1. Whether the Khasis follow the matrilineal or the matriarchal type of society?

2. Does Gender Preference prevail in the Khasi society since its descent is reckoned from the mother?

3. Is the authority of the Maternal Uncle supreme than that of the father in the Khasi Family system?

1. INTRODUCTION

                 â€œThe State of Meghalaya came to be a full fledge state on the 21st of January 1972. The termed Meghalaya means the ‘Abode of the Clouds as the world wettest place. The State of Meghalaya presently consist of eleventh districts namely the East Khasi Hills, West Khasi Hills, South West Khasi Hills, North Khasi Hills, East Jaintia Hills, West Jaintia Hills, West Garo Hills, South Garo Hills, South West Garo Hills, East Garo Hills, North Garo Hills. Meghalaya is a state which is situated in the eastern part of the country lying between the north latitude and the east latitude. It share its state boundary with Karbi Anglong, Kamrup, Goalpara of the State of Assam in the north, Cachar and North Cachar Hills of Assam in the east and also share it international border on the west and the south with Bangladesh. Its Total area is 22,429 sq kms with the total population of 2,318,822 (as per census 2001) (Britannica, 2012) The state is mostly a tribal dominated area except in the city. (Barooah, 2007) Before the British came there were no written records about the Khasis. The Khasi people are the indigenous ethnic group that can be found in the north eastern state of India; the State of Meghalaya. The Khasi do not have a sub-tribes but only based on the phrase (Khynriam, Bhoi, War, Pnar, Synteng, Maram, Mawiang, Lygngam) these phrases are based upon the location which the Khasi man inhabits; (Khynriam inhabit in the central part of the land; Bhoi inhabit in the northern part; Pnar inhabit in the Jaintia Kingdom, War inhabit in the southern and Maram, Mawiang, Lygngam inhabit in the western part). The customary laws of the Khasis are still uncodified and unwritten despite of pressure from many social organizations and many intellectuals the main reason behind this demand is the difficulty in the administration of justice before the honourable table of the representatives but somewhat somehow the codification of the customary laws of the Khasis seems not to be an urgent matter because there are laws such as the “Sixth Schedule to the Constitution” and “Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997. The main features the Khasi Matriliny are the essence of mother, marriage, the importance of a maternal uncle, the female daughters, the role of the youngest daughter (or Ka Khadduh) and the impact of the Christianity and modernization.”The Khasi are one the fewest Tribes which follows a matrilineal system of society and their descent from their mother; the Khasi saying is ‘from the woman not female sprang the clan’ which expressed the reckoning descent count from the mother only where the woman looks after home and hearth, the men find the means to support the family and the maternal uncles settle all social and religious matters .The Khasi being a matrilineal society, the general rule is that property is inherited by the females specifically speaking about the right of inheritance by the last born daughter “Ka Khadduh” which is actually the ancestral property and so if she wants to dispose it of, she must obtain approval and consent from the uncles and brothers.”

2. WHO ARE THE KHASIS OF MEGHALAYA?

            ”The “Khasi” according to the researcher knowledge from this research after several discussions and field surveys is a collective or is a generic name of the different names that a Khasi man or woman is known based on his or her location in which a Khasi man or woman resides. For instance, a Khasi person who resides in the southern part of the state of Meghalaya is known as the Wars, the one who resides in the western part the largest district in the state is known as Maram, Lyngngams, Mawiang, a Khasi person who reside in the northern part of the state is known as Bhoi. The Pnars are those which resides in the Eastern part of the state. There are other groups like the Labangs, the Khyrwangs, the Nongtungs and others are known by the same generic name “Khasi”. There have always been forces which have attempted to divide the whole Khasi race by confusing the very name “Khasi” till today but evidences through practices, language, books and explanation by many elderly persons of the Khasi Tribe stands that these different names are just phrases but our main customs and traditions remain the same though some might differs such as inheritance among the Khasi Wars and other Khasis. (Giri, 2012)The Khasi mythology tells that the Khasi race descended from “Ki Hynniew Trep Ki Hynniew Skum” or “The Seven Huts or the Seven Nests” which have been separated from the “Khyndai Trep Ki Khyndai Skum” or “The Nine Huts or the Nine Nests” which is believed to be in heaven. It is believed that there is a Golden Ladder or “U Sohpet bneng” which connects the Seven Huts or the Seven Nests from the earth to the Nine Huts or the Nine Nests of the heavens. The Khasi believes that they came from Heaven and that their rites, rituals and ceremonies were delivered by God himself. The Khasi believed to have a divine origin and believe in one invisible God who is kind, loving and forgiving. (H.O.Mawrie, 1973) They believe in the fundamental doctrine, “Ka Niam Tip briew tip Blei” or “a religion which knows man knows God”, “Tip Kur Tip Kha” or “Knows Kith Known Kin” and “Ban Kamai ia ka Hok” or “To earn righteousness”. To trace the origin or history facts of the Khasi is a very complicated question. The Khasi have no actual written character no histories but there are only oral stories and knowledge of the ancient Khasis people before Welsh Missionary came, it is believed that the Khasi lost the art of writing while he was swimming during the great flood. Quoting I. M. Simon a Khasi and trained Linguist; the origin of the Khasi is shrouded in mystery. It was suggested by Scott that the name had been given by the British, the local name being ‘Khyee’; however P.T.Gurdon disputes this and suggest that the word ‘Khyee’ was a distorted representation of ‘Khahi’, the name given by non-Khasis who could not pronounce ‘Khasi’ properly. Here, Gurdon was correct as it is not likely that the word Khasi is one concocted by the British as there is an imitative of the word Khasi as in ‘Khasi-Khara’ (which means the Tribe as a whole) which gives it a stamp of being a native word. (Chowdhury, 1978) The term Khasi have been defined in the law made by the District Council of Meghalaya known as “the Khasi Hills Autonomous District Council (Khasi Social Custom of Lineage) Act 1997” (KHADC, 2012) which defined that a “Khasi means a person belonging to Khasi Tribe who may be a Khasi, Jaintia, Pnar Synteng, War, Bhoi or Lyngngam or who is recognized or deemed as such under the prevailing Khasi Custom or this Act” (Lineage, 1997) ; Section 3 of the said Act have explained about a person who is born of a legal marriage and the conditions of him to be fulfilled to be considered to be called or known as a Khasi. With regards to the Section 2 (h) Act of 1997 (KHADC) apart from Section 3, the researcher found that Section 2 (h) is not correctly define and somewhat somehow bring confusion to the reader be it a legal professionals or not about the term the Khasi. The term the Khasi must be simply define as any person belonging to the Khasi Tribe which include Khynriam, Pnar, Bhoi , War, Maram, Lyngngam, Mawiang or who is recognized or deemed as such under the prevailing Khasi Custom or this Act. In the section of the said Act, there arises confusion with regards to the term ‘a Khasi means a person belonging to Khasi Tribe who may be a Khasi’ the confusion with this term can be found when we interpret the term here if we put it in the other way a Khasi is a person who is a Khasi belonging to Khasi Tribe which did not make any sense other than the word Khasi here defines the term Khynriam who the other Khasis called him Nongphlang and the other confusion in which we can find out is the term ‘a Khasi means a person belonging to Khasi Tribe who may be a Pnar Synteng’, if this is the case then we have to explain what is the difference between Pnar and Synteng which ultimately means the same as the words have been separated by the comma (,) and not by the word “or”; Jaintia is the location and Pnar or Synteng is a Khasi person who reside in the eastern plateau of the state. We must know that the observance of the Khasi Customary Laws of Consanguinity is the secret of the continuance of the Khasi as a race. (Roy, 1963). However, we can say that the term Khasi mean the Khasi People, Ri Khasi or the land where the Khasi have traditionally inhabited, ka Ktien Khasi the language traditionally spoken, Niam Khasi which is the indigenous Khasi religion, Khasi way of Life, Khasi dress, Khasi Culture and also Khasi Time. To answer in a new way of the question of who is a Khasi? A person is said to be a Khasi or said to belong to the Khasi Tribe if one is brought up in Khasi Land, speaks Khasi Language, follows the matrilineal family system, practices the laws and customs bounded by Khasi traditions, a person must have a Khasi sounding surname and must born of both Khasi parents or either.”

               â€The term matriarchate was used in the 19th century to designate the hypothetical form of society in which women were the leaders; matrilocal means after marriage when a husband move to live with his wife and his mother in law and authority over the children is wielded by the mother’s relatives; matrilineal society means a society which is casteless and classless and yet gives the woman a rightful place with honor and dignity in the home, the clan and in the society. (Brown, 1952) In the Khasi society, the relative of the mother side are called ki kur known as the cognates, the relative on the father side are called ki kha known as agnates; the child born of both Khasi parents is a Khasi and the child born of either parent who is a non Khasi is still a Khasi according to the Khasi sociology.” (Roy, 1963)

3. THE FEATURES OF THE KHASI MATRILINY: A MATRILINEAL SOCIETY AND NOT MATRIARCHIAL

           â€œIn many books and research writers and research scholars have placed and described the Khasi society as a “matriarchial” (“matriarchial” means “a social system in which the mother is the head of the household having authority over men and children or it is a system of government ruled by females” or it is the dominance of women in social or cultural system) it is a society where the woman is all powerful. Helen Giri a well-known writer and a retired Professor of North Eastern Hill University (NEHU) among the Khasis till today, in her book ‘the Khasi under British Rule’ have rightly explained that a Khasi society is matrilineal (society) and not matriarchial which put it that Khasi society is a society which is casteless and classless and yet gives the woman a rightly place with honour and dignity in the home, in the clan and in the society. The line of descent is traced through the ‘Mother’ and not the ‘Woman’. It is a society not with an all-powerful woman or women to dominate the mental and material life of the society.” (Giri, 2012)

                   â€œP.T. Gurdon observed that the Khasi saying is ‘long jait naka kynthei’ from the woman spring the clan which means that the Khasis reckoning their descent from the mother only and the man is nobody, he further explain that a man is nobody; if he is a brother he is known as ‘U Kur’ (here a brother is said to mean an uterine brother or a cousin-german he will be lost to the family or clan directly he marries) and if he is a husband he is looked merely as ‘U Shongkha’ know as a begetter in some of the Khasi villages a newly married man is often spoken by the bride’s family as ‘U Khun ki Briew’ which means someone else son. (Gurdon, 1904) Professor Helen Giri, explained that it is very wrong to say that a Khasi man has no place or position in this matrilineal society set up but a Khasi man actually plays a dual role in the said system of society as ‘Father’ to his children and ‘Uncle’ to his maternal nieces and nephews. A Khasi man stands between two worlds as the connecting link to bring in the thread of relationship between the clan of his wife and children and of his own clan. Folkloristic of Khasi Traditional Instrument explain the power of a man in which there are two male drums known as “Ksing Shynrang” played during any festival or ritual for one stands as the maternal uncle in his mother’s clan and the other stands for the man as father to his children in his wife’s clan. (Giri, 2012) To further understand the matrilineal system of society among the Khasis we will discussed and critically analyse the system.”

3.1 The essence of Motherhood in the Khasi Society

                                                                              ”The main and most important existence and continuity of Matriliny among the Khasis is the external charm of mother and motherhood. Khasi nurture a very tender love for a mother and that love can be ruthlessly overwhelming, most enduring, and all-encompassing; it is an emotional reason. Like any other mother in the world, for the Khasis, mother carries us for 9 months goes through the discomfort of conception and gestation, the tears of the birth pangs, the time of delivery is particularly traumatic and unpredictable in which it is a time the reality of which has been capture in the well worded metaphor that recapitulates the ordeal that every mother goes through at the moment of giving birth as ‘ka wait samen ka kynthei’. (Ki Nongrim Tynrai ka Dustur khein kur khein kha U Hyndai, 2005) Most Khasi children if being asked especially in the rural areas frequently use the term ‘a mother is a mother’ known as ‘i mei te i mei’. In tribal region like the Khasi Hills where medical facilities are not yet so easily available, a mother morality is still very high. The Khasi phrase ‘Shong ha pneh i mei’ or ‘to sit upon a mother’s lap’ is a phrase that describe the love and affection that was commonly used by the Khasi if any infants is hurt or is inflicted with any injuries caused in any circumstances. A Khasi mother is the one who gather an infant to herself that wipes their tears away bring close to her heart which is literally exploding with love. A very tender bonding develops between the infant/child and mother. The memory of that close relationship lasts all through one’s lifetime. Wow Mei!! Wow ko mei jong nga!! Or Mother Dear!! is the cry in times of pain by any Khasi. A mother is solely responsible for building up her child. (Phathak, 1998) This bring an impact on the psyche of the Khasis that made it very difficult to believe that things can be otherwise than the Khasi way that our family system should never be any way other that matrilineal. It is every one’s divine principle that we should and in fact never betray our parent’s and definitely a mother. (Kharkrang, 2012). Our Khasi women are very different from other women in the world. They incarnate in themselves godliness which makes them lovable and desirable (“Ka kynthei Khasi jong ngi ka long kaba pher na ki jaid Kynthei kiba ha ki jaidbynriew jong ka pyrthei baroh. Ka kup iaka main kaba kynja Blei kumta ki briew jong ka pyrthei ki ieit eh ia ki wat iaka shong kha shong man ruh”) (Nongpoh, 2008) . However, motherhood is not only biological, because a child is born from the heart with love and affection. The Khasi community is matrilineal which is a system of reckoning descent through the ‘Iawbei Tynrai’ or ‘Ka Blei Iawbei’ (the first Ancestress or mother of the root) (Barooah, 2007). According to the Khasi belief, every mother re-enacts the life and the role of the first Ancestress of the Khasi clan or lovingly called the ‘divine mother’ or the ‘Ka Blei Iawbei’, this role explain that a Khasi mother is the one that hold the responsibility of taking care both her husband and also to her brother who are father and maternal uncles of her children. She is considered to be the Ancestress of the clan (Clan or ka Kur constitutes the macro-family structure binding the different jait, kpoh and ling into a social unit). Often it is being criticize that the maternal uncle or the mother’s brother reign supreme as the head of the family and not the father as he is one who is taking care and in-charge of the rites and ritual of the clan but this description is being rejected by many Khasi family except a few who is for patrilineal and against matrilineal society. A Khasi mother can never disown his brother even if she is married and have her own separate family till today it is her responsibility to look after especially if she is the youngest daughter or “Ka Khadduh” of the family. In the past, it was never known that a Khasi family was broken and destroyed. (P.M.Chacko, 1998)

3.2 The nature after a Khasi Marriage

                              “Marriage is a union between two people that create a family tie and carries legal, social and religious rights and responsibilities. Marriage among the Khasis is a holy union or binding together of two persons, ‘a man and a woman as husband and wife’ which means that ‘he is my own or that she is my own’ (tnga: tang manga ne tang jong nga meaning one’s own that is his own or her own). A Khasi marriage is a spiritual before or after the domination of Christianity, a sacrament invoking the prosperity of the home, in health, wealth, children for both sides of the bride and bridegroom for all times to come. It is believe to be ordained by God (ba la thoh hi da u Blei); with advent of Christianity, the saying from the Bible emerges “ba la thoh ka shyieng krung” or when the ribs are matched. The latter concept indicates the impact of Christianity on the Khasis thought. In a Khasi society, may or may not be ceremonially conducted, it is sufficient to be married if a man and a woman decide mutually to co habit and procreate. The general rule for a man to get married is when he has served his time at his parental home with his labour to earn his ‘Kamai Nongkhynraw’ known as a bachelor’s earning, he has attain a marriageable age; for a woman there is no age prescription but once she attains the age of puberty and is able to look after her children but the main rule is both the man and woman must belong to different clan. The Khasi follow a monogamous pattern of marriage, polygamy and polyandry are not sanctioned by the Khasi society. Also, the Khasis marriage shall not be invalid by reason only of the fact that the parties thereto belong to different tribes, race, religion or communities. is a mechanism whereby persons are exchanged.”

                                                           â€œThe concept of the existence and continuity of Matriliny in the Khasi society can be clearer seen in terms of marriage as marriage is a mechanism whereby person are exchanged. Matriliny exchanges men, which are men move to live with their wives. Whereas, Patrinity exchanges women, that is, women move over to their husband’s. A Khasi man after marriage must move long to his wife’s house and live with his mother in-law and his brother in-law it is the opposite practice if compare with other marriages of different communities in India where it is the wife that move to her husband house and her in-laws. A Khasi man goes to his to the woman’s house and becomes “U Khun ki briew” (The son of other peope). He goes to his new home to increase the clan if his wife. Though the line of descent is taken from the mother and she is expected to train and mould her children in accordance with the whole family revolves. He is the connecting link between his mother’s clan and his wife’s clan. The children look to their father’s mother as Mei-Kha (born of a Mother) and his sisters as Niakha (Paternal Aunts and Uncles). The Meikha is held the highest asteem in the Khasi Society. (Giri H. , 2006) The most remarkable Matriliny feature in the Khasi society is the Khasi Marriage put forth by Major.P.T.Gurdon as he observes that ‘the Khasi marriage is usual for the husband to live with his wife in his mother-in-law’s house and it is not for him to take his wife home’.” (Gurdon, 1904)

3.3 Whether there is an existence of Gender Preference among the Khasis?

                 â€œChildren are both sons and daughters. They make continuity and perpetuation possible; they take the baton from their parents, and carry on the race. They are carriers on of the clan or the family identity, of ownership of property of ownership of authority and of family religious rites and rituals. They are the hope of the survival of the human race, if the clan, of the tribe and of the nation. Children are a desire link in the succession of generations; parts of the continuing identity that must go on after the older generation is dead. Therefore, children are expected to become part of the social insurance on which parents rely in their old age. Children form an official part of a publicity recognized family line. (Kharkrang, 2012) It is the three cultural elements that qualify the children one way or another that is Descent (it gives the children an identity as belonging to the father’s side of the mother’s side like language, title or surnames), Inheritance (includes movable and immovable property which will come from the father’s side or the mother’s side whether it will be shared by sons or by daughters)(Khonglah, 2004) and Succession (It is locus of decision-making for control and guidance; in Patriliny the eldest son succeeds the father’s in the exercise of authority and in a Matriliny the nephew succeeds the uncle) have sense and meaning. The scrambling between the two parents for the children for the children begins in the fact that each parent legitimately would like their children to continue his or her family line, to perpetuate his or her family or can. This tug of war results in the process of appropriation of assimilation. (Malngiang, 2006) However, in a matrilineal society just like in the patrilineal system of family in other Indian states, between the husband and wife , the wife matters to the family far more than the husband; she is the one through whom the family existence and the family identity are perpetuated. Between the brothers and the sisters, it is the sisters who are really matters. The female take precedence. For this reason, girls might be more preferred than boys, daughters to sons. In Bhoi country (norther part of Meghalaya) where the Khasi Bhoi resides, it is a Karbi village (whereby the Karbis are Patrilineal Traditionally society). (Malngiang, Review of Matriliny System; A critique of the Khasi Matriliny, 1996)

                                                                                     â€œTill today in a Khasi society, gender preference does not exist or it has not been heard Though some may argue that only Khasi female enjoy the economic rights or the wealth of the parents or some may argue that only a Khasi male enjoy the political rights that is to become a political leader in the society but all these criticisms does not have anything to do with the desire of the biological Khasi parents for either a male or a female child by using any types of medical methods. However, in the matrilineal Khasi society, the known fact is that the female do inherit the family’s or the clan identity or name and its continuity but the family’s or the clan identity or name dies with the Khasi male whether he is married or unmarried or single. This cause might pave the way or had already pave the way to the growth of Gender Preference in the Khasi society but it is still uncommon and not frequently heard of it be it from the rural areas of from the urban areas.

3.4 The importance and significance of a Maternal Uncle and Father

                 â€œEvery Khasi male plays a dual role in the matrilineal family system as a ‘Father’ and as ‘Uncle’; he is a father to his children and uncle to his nieces and nephews; he stands to connect the relationship between the clan of his wife and children and that of his own clan. Many researches have describe that the Khasi society being as a matriarchial society have given no power no position to the males but this is however wrong for a Khasi male plays a vital role as a father to the children which belong to the different clan and as an uncle to his own clan where he hold responsible and authority over the clan of his own though he might be married and stayed with his wife and his in-laws. In this system the uncle is the pivot around which the whole family revolves. First of all, the uncle is the centre of authority over the whole clan or over one particular clan of the family. The uncle’s authority is supreme and undisputed. He played a vital authoritative role over his sisters and her children. They cannot possibly do anything without the uncle’s knowledge and consent. In certain cases the uncle seems to have power over the life and death of his sisters, nephews and nieces. It is said that in ancient times, that the uncle could even beat to death his nephews and nieces who committed any grave sin of incest by marrying within the clan. To safeguard the purity of the clan the authority and responsible was given to the maternal uncle. Such purity is preserve when a woman of a different clan marries a man from another clan there are no relations between the clans. The uncle authority is life-long, even in extreme old age he is the representative of his own clan; being a real disciplinarian. The Khasis used to say, “The uncle has said so or has decided so”; the mother used to say “I will inform the uncle” (‘Ngan pntip sha u Kni Rangbah’). A Khasi uncle is the administrator of all goods be it movable or immovable of the family or even of the whole clan, there is care and seriousness in this type of administration, as the uncle act as the centre of the economy. The power and function of the uncle in the family of the Khasi society have led to massive criticisms especially nowadays because of the known fact that the uncle have always played a vital authoritative role in his sisters family and such powers sometimes been criticize to be superseded and degrade the role of the father especially over his own children.”

                     â€œSome social organization consisted of Khasis are against the prevailing system and once express these words “A Khasi father is nobody, he is an outsider in his wife’s house but an uncle in his sister’s house, he has pretended all the time to be a hero in his sister’s house while remaining as a real zero in his wife’s house”; however such wordings are not acceptable by many Khasis and are believed that they are against the prevailing system and wanted to bring a change to the patrilineal one. The uncle can never disown his sister and her children and so as the sister and her children can never disown their uncle. In the past, the existence of broken families among the Khasis in the Khasi society is never known as never even heard; this is because of the strict rules that are meant to be followed by the Khasis. (P.M.Chacko, 1998)”

3.5 The role of the females and ‘Youngest Daughter’ (‘Ka Khadduh’) in the Khasi Society

          “The most important aspect of the Khasi Matriliny that has made it very unique with other community that follows the matrilineal system of society is the understanding and role played by ‘Ka Khadduh’ or the ‘Youngest Daughter’. The main position and status of ‘Ka Khadduh’ or the ‘Youngest Daughter’ is that she is the only custodian of the property, the management and control of which is entirely in the hands of the uncles and her brothers. If the family land or the ancestral property is to be disposed of because of necessity it is the uncles or the brothers of the said daughter who would make the decision. It is also they who would appropriate it and the women have to obey. The women of a family by themselves much less than ‘Ka Khadduh’ or the ‘Youngest Daughter’ cannot without the approval of the uncles or the brothers to dispose any property (ancestral property). The purpose of such arrangement is clearly explained by “Keith Cantlie” in his book Notes on Khasi Laws that described that ‘Ka Khadduh’ or the ‘Youngest Daughter’ is the custodian of the family property not as the full hier in the sense known to other systems of laws but a limited heir as explained above. ‘Ka Khadduh’ or the ‘Youngest Daughter’ is responsible to perform all the religious ceremonies, she cremates her mother and she puts the bones of all the members of the family in their final resting at the place under the stone of the clan known as Mawbah. Here, the term ‘the expenses are met’ mean that ‘the expenses of this ceremony are considerable and for this reason the said daughter get as larger share of the property or in some cases a piece of family property in addition to and apart from her separate share. Members of the family who are unable to earn for themselves and have no children to earn for them gave the right of being fed at the iing-khadduh or the house of the Youngest daughter’. In many occasion, the role played by ‘Ka Khadduh is often criticize as she was made as the High Priestess that look after the whole family and property and often describe that it is bias and discriminate the other daughters and especially sons. But here we must understand that ‘Ka Khadduh’ is the custodian though she might misuse her given powers but we must understand that the actual management of the whole functions of ‘Ka Khadduh’ cannot be done without the management of her uncles and brothers. First and foremost, she cannot sell the family property, she cannot claimed that its hers, she cannot carry on any bossiness without the knowledge and consent of her uncles and brothers. The powers and function of the uncles and brothers came in this context because it is they who know about the fortune of the family and it is they who build, mend and mar it. (Iawphniaw, 1998) In this system the net results is that the system has pitched the senior-most male against the junior-most female, the uncle against the niece for the cooperation and support as well as for a check on each other, but eventually for the confrontation with each other. (Kharkrang, 2012) ‘Ka Khadduh’ remains the longest in the family because she is made to remain the longest that’s why is is the called ‘Ka Khadduh’. The Khasi sentiment is that older daughters should marry before the younger. Therefore the youngest daughter does in fact stay the longest in the home and the reason assigned by the Khasis themselves for preferences of the youngest may indeed be correct. To understand her position is very necessary because of the wide spread of Christianity. The Christians preserve the ancient system of inheritance but do not perform the religious duties. ‘There was a tendency that has been observed among Christians to regard ‘Ka Khadduh’ as having the unrestricted rights of an heir under the systems of law’. There would be great injustice to other member of a family if the Courts in any way favor this new idea (Cantlie, 1934)”. “All the sisters have a right to occupy a portion of the family land not already cultivated or possessed of by other sisters and Ka Khadduh cannot deprive them of this right. Ka Khadduh obtains her important position as the family priestess. We must keep this in mind that ‘Ka Khadduh’ have or obtained an absolute right or she is the sole owner of the family or clan property and that she cannot do whatever she like with such property. The landmark case that is still being recorded till today in the court we regards to the ownership of property of ‘Ka Khadduh’ is in the case of U Rabin Kharsahkhar v. Ka Molibon Kharsahkhar, (R. Kharsahkhar v. M. Kharsahkhar, 1936) the important question of the right of ‘Ka Khadduh’ to the family property came up for decision. The facts of the case were that late Ka Myrhiah Kharsahkhar, mother of late U Rabin Singh Kharsahkhar, purchase a land and houses in Laban within Shillong administered area from one Bharat Chandra Seb at the specified amount. Her son late U rabin Singh Kharsahshar who contributed towards the purchase of the said land and in whose name the patta (patta is a document proof of purchase of any land; this document have to be given by the traditional head of that particular area and this such document is still being given till today especially those areas which is under the jurisdiction of the Sixth Schedule) from the Syiem of Mylliem was also mutated to him from that of his mother, contested the claim of his youngest sister’s daughter Ka Mobilon Kharsarkhar to succeed or inhrit the said property as her behavior was not good or satisfactory. The Syiem of Mylliem (Late U Sati Raja) and his Durbar by their judgment dated the 16th of May 1936 has been made as the historic decision. After discussing the facts and circumstances of the case came to the finding that the house and compound in dispute along with other properties of late Ka Myrhiah Kharsahkhar should go to Ka Mobilon Kharsarkhar her youngest grand-daughter with the condition that “she cannot sell or transfer the house and compound to anyone but the same should be remain to be inherited by those persons consecutively or one after the other according to the Khasi Cutom. However, this decision of the Syiem of Mylliem and his Dorbar was upheld by the Governor of Assam (then High Court) by his order dated the 25th January 1941 and when Ka Molibon wanted to eject late U Rabin Sing and his sister and nieces from the land and houses, the Governor disallowed the same on the contrary ordered for the eviction of Ka Molibon’s tenants. (A.S.Khongphai, 2011). It is from this case that we understand and it is clear that ‘Ka Khadduh’ is not the sole owner of the ancestral or family property but she only the custodian and if in any fact sh sells or transfer the land without the knowledge and consent of the brothers and uncles that particular transfer of property is null and void as ancestral property is a family’s property and not an individual property.”

3.6 The impact of Christianity and Modernization

         â€œChristianity came as a positive boon and an uplifting asset. It came as the fulfilment of the religious aspirations of the Khasis ancestors. The rise of those Khasis who convert to Christianity is at a very fast pace. The domination of Christianity rise after the Welsh Missionary came and preaches about the gospel. Even the Alphabet and literature of the Khasi was founded by Thomas Jones a Welsh Missionary in 1841. There is no record of violence or any massacre that happens in these courses of conversion where the other religion (Christianity) came and dominates the ‘niam khasi’ or the Khasi religion. Most of the Khasi Christians accept Christianity with knowledge and consent to faith and worship. (Rev.Dr.P.K.Hoojon, 2016) However, Dr. Sohblei Sngi Lyngdon in his book ‘the Khasi Matriliny: Its past and Its Future’ , have describe that the Khasi Religion became a “Waiting Religion” (Ka niam kaba Ap-jingong). This Promised one would come not to destroy or abolish, but to strengthen, fulfil, to purify and to protect the Khasi Religion and through religion the Khasis human life on earth. The above titles are divine titles. They do not fit in any human person except Jesus Christ. Hence, the Khasis as a race have rejected other religions because they do not conform with above-mentioned Divine Promise and attributes. It is believed that the Khasi religion lives and thrives more fully in the spirit of Christianity (Jesus Christ); any Khasi Christian can say that he or she is still in the Khasi religion as revived and perfected by the one who was promised as mentioned above that referring to Jesus Christ. This is the reason why the Khasis as a race have readily taken to Christianity. In the context of matrilineal system Christianity has not brought any major change. (It has left it as it is that is the prevailing matrilineal system till today. None of the various denominations of Christianity has ever felt the need of interfering in the Khasi matrilineal system. Church leaders seem to have studiously avoided getting involved in the problem of the Khasis matrilineal system. But some may say that Christianity has done much in re-shaping the Khasis matrilineal system because on wedding days the role of the father is extolled and highly appreciated this is done because of the readings from the Bible that have to be commended on such an occasion. Hence, Christianity as such has not interfered in the matter of the Khasis matrilineal system; this can be proved that even Church leaders like Pastors and other church leaders still stand as a Maternal Uncle in his family’s clan which explained that Christianity have not change the very essence and understanding of the matrilineal system of the Khasi society thought it have massively influenced.”

                            “Education have been taken very seriously by the Khasis, education too has not done anything significant to re-shape the Khasis matrilineal system. Even modernization does not seem to have had any impact on the Khasis matrilineal system except in the economic aspect. All agree that the Khasis economy has changed. The salary earning fathers of the family whose earning does not depend on the ancestral property of their wives have improved their position and role. These fathers of the family have begun to exercise some authority over their wives and children; they have begun to get control of the discipline of the children and this is due to the economic status. According to O.L. Snaitang, “A Khasi family was primarily a family of mother, children and uncles. A father who should be the leading member of the family became less significant because of his role as an uncle on the one hand and the incompatibility of his clan code with that of his wife on the other hand” (Snaitang, 2008). As far as their matrilineal system is concerned, the Khasis are at the cross-road of their history, but not without clean indication of pointers. These promising silver linings and assuring pointers are clearly seen in the Khasis Awareness of this present anomalous situation of their matrilineal system. The Khasis believed that it is imperative for them now to introspect hard and intelligently at their situation. They are convinced that their traditions and institutions, their laws and customs, must be critically and dispassionately examined, analysed, weighed and measured on the sure balance of history. There is nothing sacrosanct in people’s traditions and institutions. Hence, it is not only good but imperative as well, to change them from time to time if the onward movement of history demands it. And they conclude that it is in this context of timely that the wisdom and dynamism of nation, race, or tribe are clearly seen. And they are proud that this has actually taken place.” This is a really good omen, a multi-coloured rainbow that infallibly promises a truly fair weather in the near future. (Lyngdoh, 2016)

4. ASPECT OF RELATED LAWS

                   As we must have known that the Khasis of the State of Meghalaya, India have no written customary laws till today. The customary laws of the Khasis are still uncodified and unwritten despite of pressure from many social organizations and many intellectuals the main reason behind this demand is the difficulty in the administration of justice before the honourable table of the representatives but somewhat somehow the codification of the customary laws of the Khasis seems not to be an urgent matter because there are laws such as the “Sixth Schedule to the Constitution”, the “Meghalaya Land Transfer (Regulation) Act 1971” and ‘KHAD (Khasi Social Custom of Lineage) Act, 1997’ ;

                        4.1 “”The Sixth Schedule to the Constitution of India deals with the administration of the North eastern states like Assam, Meghalaya, Mizoram and Tripura and these tribals are to be administered by the Autonomous District Council such as in the case of Meghalaya the Khasi Hills Autonomous District Council or the KHADC. The Constituent Assembly included provision to protect and safeguard the interest of tribals in the north-eastern states. The Sixth Schedule was added under the Article 244 and Article 275 (1) of the Constitution of India to provide limited autonomy to the region of the said four north-eastern states it was done with the objective and motive to provide development in the region without exposing them to exploitation and also with an intention to preserve the culture, traditions, customs and their ethnic identity. (M.P.Jain, 2019 Edition) The “Sixth Schedule to the Constitution of India” has empowered the District Council of the Khasis that is the Khasi Hills Autonomous District Council to make laws and under Paragraph 4 and Paragraph 5 of the Sixth Schedule provides for the administration of justice in the Autonomous areas. The Sixth Schedule to the Constitution of India have empowered the Autonomous District Councils the ADCs to established Courts for trials of cases between parties belonging to the Schedule Tribes Communities. The District Council Courts is consisted of qualified Judicial Officers, designated as Judges and Magistrates who are to be appointed by the Executive Committee under the approval of the Governor under the United Khasi-Jaintia Hills District (Administration of Justice) Rules 1953.” (E.Sutnga, 2000) The United Khasi-Jaintia Hills District (Administration of Justice) Rules 1953 have explained that there shall be three classes of Courts that is the “Village Courts, the Sub-ordinate District Council Courts and the Additional Subordinate District Council Courts and the District Council Court and Additional District Council Court (KHADC, 2012)” though there have been numerous statements and criticisms that the uncodified customary laws leads to the pendency of cases in the Court but this issue does not affect the judges or magistrate in deciding the matters so as the matter of fact in the Judges prospective the uncodified customary laws does not leads to the pendency of cases and the respect of gender equality exist as the judgement is based on the principle of the justice, equity and good conscience and does not allow any kinds discrimination to prevails.”

   4.2 ‘KHADC Khasi Social Custom of Lineage Act, 1997’ is act which has been passed by the Khasi Hills Autonomous District Council under Paragraph 3 of the Sixth Schedule to the Constitution with an objective to protect and preserve the Khasi Social Custom of Lineage. This Act is consisted with 21 Sections and has explained all the important term which is used in the Khasi Social Custom of Lineage. Under Section 3 the Khasi Social Custom of Lineage have been explained that a person is said to be a Khasi if he is born of a legal marriage whose parents were both Khasis or either parents is a Khasi but under the condition that he can speak Khasi, observed and governed by the Khasi Matrilineal System of Lineage, abide by the Khasi Laws of inheritance, the Khasi Laws of consanguinity and kinship, not adopted any other personal laws incompatible with the Khasi personal laws and custom and also had not loss or been deprived of Khasi status by judgement or order of any competent court or by the operation of any such judgement. This Act has also specified that a Khasi Tribe certificate shall be given to by the Competent Authority. Section 10 of the said Act have also explained the loss and deprivation of the Khasi Status if he voluntarily in writing renounces his Khasi status, and also not fulfilled the requirements enshrined under Section 3 of the Act. This Act have made it clear and strict for every Khasi person who intended to change his surname which represents his Kur, Jiat or Clan. This Act is also consisted with the provision of offences and penalties under Section 17 of the Act which explained that any person falsely claims or identified himself to be a Khasi of any Kur, Jiat or Clan to gain benefit, privileges and advantages or any person who has lost or deprived his Khasi status the Magistrate can convict him with imprisonment of a term of which may extended to one year with fine (extended to five thousands) or with both and for any subsequent offences the punishment will be double the said above punishment.”

 4.3 The Meghalaya Land Transfer (Regulation) Act, 1971 is an enactment of the Government of Meghalaya which deals with the transfer of land by one person to another in the jurisdiction of the state of Meghalaya. the Meghalaya Land Transfer Act 1971 is an enactment of the Government of Meghalaya which deals with both the transfer of ancestral property and the self-acquired property as this act is effective and played an unprevented role with the subject-matter of transfer of property in the state of Meghalaya especially in the system of inheritance where most of the transfer of land must be as par traditions and customs of the Khasis. The system of inheritance among the Khasis is governed by the principles of uncodified rules these customary rules are practices of the Khasi Tribe from time in immemorial but does not present or expressed a simple and easy pattern which many would expect among people living a quiet life in the northeastern hills of India. (E.Sutnga, 2000). The Meghalaya Land Transfer Act came into the statute book of the state of Meghalaya in the year 1971 and it is known as The Meghalaya Land Transfer Act 1971. The rules that the Government of Meghalaya have made is the the Meghalaya Transfer of Land (Regulation) Rules in the year 1972, 1974, 1977, 1978 and (Regulation Amendment) 1991. The statement of the intent of the Act state that ‘An Act to regulate transfer of Land in Meghalaya for the protection of the interest of the Schedule Tribes therein’. The main and important question arises here is what are the Schedule Tribes therein? According to the List of the Schedule Tribes in Meghalaya as inserted in the Amendments to the Constitution (Schedule Tribes) orders 1950 as amended by the Constitution (STS) order (Amendment) Act 1987, there are 58 Schedule Tribes and 16 Schedule Castes but all these is illegal and not permitted to buy and own land in Meghalaya but only the Indigenous Tribes of the state of Meghalaya.” This Act is not applicable to the whole of the state there are areas which is known as Europeans Wards or Reserve areas which this Act is not fully applicable but it is exempted and limited. But this Act is one of the Act which much debated and discussed in almost every platform in the state of Meghalaya as it consists of the spirit of property rights and its transfer and has been severely challenge in the Court in which the Court till have upheld its constitutional validity. (Sumer, 2008)” “The effects and the impact of the Meghalaya Land Transfer Act 1971 has been no worthwhile but after the recent reports of the land acquisition by companies such as Fortune French Companies, LAFARGE which involves a large area of land lying along the international border between Meghalaya and Bangladesh. among the Khasis in the state of Meghalaya to highlight the true nature of the Meghalaya Land Transfer Act that is since time immemorial, our ancestors recognized only two categories of land firstly Clan Land and secondly the Raid Land (or Raj or Hima Land or earlier during the British Rule is known Khasi States Land) and so land should not be in the possession of anyone who is not a member of the Clan or of a Raid (Raj) Land which eventually means that land cannot be owned by a non-Khasi in any Khasi Land. The Land transfer Act clearly explain its spirit on the basis of the Land Holding System where land can be possessed or disposed of only in accordance with the provisions of the tribal customary laws if its inheritance than the rule of inheritance will be strictly followed with respect to this Act.””

”

5. CONCLUSION AND SUGGESTIONS

               The Khasi society is a matrilineal society and not a matriarchal society; its descent is reckoned from the mother not woman; its system of inheritance is based only to females but it’s not absolute it can also be succeeded by males or sons under certain circumstances. The Khasi is a society which respect the position of a woman and highly valued her character though many might argue that there are lack of political rights available for the women such as standing for election but these are wrong arguments; to prove this point we have a khasi woman named “Mevis Dunn Lyngdoh” who was elected as member of Assam Legislative Assembly and a cabinet minister in 1937 before independence. The Khasi society is a society which distribute most political powers to the male and most of the economic powers to the females; however this balance the equation between male and female and proved that the Khasis highly respect the principle of gender equality. Also some may blindly argue that the system of inheritance is biased especially the ancestral property but we must be clear here that though the property might be inherited by the females but they cannot sell or transfer without the consent and knowledge of the male (that is uncle and brothers) who are the administrators and managers of the whole system. Hence, the Khasis are not ruled by the female which some researchers might conclude that it is a matriarchal society but it is a matrilineal society which there descent is traced through female lines through a mother and not a woman. However, it is a fact that the original matrilineal system is now weak among the Khasis and few groups have arisen that the prevailing system should be changed to a Patrilineal set-up which is still unacceptable but most Khasis; they believed that the original matrilineal system does not exist anymore and what that has ceased to exist does not deserve any attention or discussion on it and deserve to be changed. But, what that is true here is that yes the matrilineal set up now is weak or not perfectly followed but not ceased to exist because the respect for the system till now still prevailed and respectively followed by most families except a few.

                        The Autonomous District Council and also the State Government of Meghalaya must bring a legislation to codify the customary laws in order to strengthen and preserve the matrilineal set up of the Khasi Society as it is our uniquely distinguishing mark and one that needs protection as it is one of the system that has been practiced by few societies in the whole world. Though most families who are Khasis in Meghalaya are Christians, being Khasi Christian family must enrich and try to preserve the this system and not weaken it. The latest state education policy must include subject which teaches about this unique beautiful system firstly among the school students (High School) to fully understand why the Khasi society follows a different form of family system that is the opposite and different from the rest of India. If there is a need for a reformation by re-examining and re-evaluating the culture, traditions, customs, institution it must be done with one motive and intention that is to protect and preserve the matrilineal society of the Khasi and not otherwise. We must understand that the Khasis ancestral have distributed the powers to both male and female in a very unique and beautiful way though such powers are not strictly followed to day that most of the political powers have been given to the males and most of the economic powers have been given to the females.

Notes:

1. “Dr.S.K.Kharsyiemlieh, Judge of the District Council Court, interviewed on 19th of Janurary 2020.”

2. “Dr. B. Marboh, Associate Professor Synod College (Affiliated to the North Eastern Hill University), interviewed on 12th January 2020.”

3. “Dr.A. Rani, Associate Professor Synod College (Affiliated to the North Eastern Hill University) interviewed on 7th January 2020.”

4. “Leaders of the Khasi Students’ Union (Largest Student body in Meghalaya), interviewed on 27th January 2020.”

References

A. S. Khongphai (2011) Principles of Khasi Laws:: Ri Khasi Book Agency,Shillong.

Barooah, Dr. Jeuti (2007). Customary Laws of the Khasis of Meghalaya:: Law Research …………..Institute East Region, Guwahati High Court.

Britannica (2012). Meghalaya's History and Geography:: (Accessed on 03/December/2019; ……………08:35pm) http://www.britannica.com/place/Meghalaya

Brown, A.R. Radcliffe (1952). Structure and Function in Primative Society:: Radcliffe ……………Brown Publisher.

Cantlie, Keith (1934). Notes on Khasi Laws:: Chapala Publishing House, Shillong.

Chowdhury, J.N. (1978). The Khasi Canvas:: Srimati Jaya Chowdhury Publisher, Shillong.

E.Sutnga (2000). Ki Riti Ki Distur Ka Jaitbynriew Hynniewtrep bad ka Sixth Schedule (Ka …………….Khyrnit kaba Hynriew):: Shri. Shrolenson Marbaniang (Working Committe on ……………the Traditional Rights of the Hynniew Trep People (pp.11-34).

Giri, Dr. Helen (2012). The Khasis Under British Rule:: La Riti Publication, Shillong. …………..(pp.14-34).

(Giri H. , 2006) Giri, Dr. Helen (2006). The Evolution of the Traditional Social and Political ……………ideals of the Khasis and the impact of British Rule on these Ideals, Proceedings of ……………the North East India History Association:: North East India History, 2006.

Gurdon, Major P.R.T. (1904). The Khasis:: Low Price Publication.

H.O.Mawrie (1973). U Khasi ha la ka Niam:: Published in the year of 1973 (pp.21-32)

Iawphniaw, C.B. (1998). Khlem ki riti ki dustur ka Jaitbynriew ka Jah:: Published U …………...Dongmusa (Local Newspaper) in 1998.

Kharkrang, Roland (2012). Matriliny on the March :: Venframe Institute Publications.

Khonglah, D.C. (2004). Ka Jait ka dei ka Diengsynshar :: Published by Ri Khasi Press, …………..Shillong.

(Ki Nongrim Tynrai ka Dustur khein kur khein kha U Hyndai, 2005). Ki Nongrim Tynrai ka ……………Dustur khein kur khein kha U Hyndai :: Published by U Mawphor (Local …………..Newspaper) in 2005.

  Lyngdoh, Dr. Sohblei Sngi (2016). The Matriliny of the Khasi Society: Its Past and Future :: …………..Rympei Khristan Solansar Publisher 2016.

M.P.Jain. Indian Constitutional Law :: Published by Lexis Nexis 2019 Edition.

(Malngiang, Review of Matriliny System; A critique of the Khasi Matriliny, 1996) …………..Malngiang, Pascal. Review of Matriliny System; A critique of the Khasi Matriliny ………..: Published by Aphira in 1996.

(Malngiang, U Khasi bad ka jingroibriew bad ka jingkynthoh halor ka dustur shim jait, 2006) ………….Malngiang, Pascal. U Khasi bad ka jingroibriew bad ka jingkynthoh halor ka ……..……dustur shim jait :: Published in U Mawphoir (Local Newspaper) 2006.

(Nongpoh, 2008) Nongpoh, Long. U Khasi U khein jait naka Kynthei (From the Woman ………….sprang the Clan). 2008.

P.M.Chacko (1998). Matriliny in Meghalaya :: Regency Publication New Delhi, 1998.

(Phathak, 1998) Phathak, Raydeep (1998). Lotty Role of Mothers in shaping the World :: …………..Published by The Shillong Times in 2\1998.

Rev.Dr.P.K.Hoojon (2016). Some of the Major Doctrines of Christian Belief :: Wolley Press, ……………Qualapatty, Shillong.

Roy, David (1963). Who is a Khasi? :: Published by Ri Khasi Press, Shillong.

Snaitang, Dr. O. L. (2008). The Impact of Christianity on the Khasi-Jaintia Matrilineal ……………Family :: Published by Ri Khasi Book Agency.

Soso Tham (1936). Ki Sngi Barim U Hynniew Trep :: Published by Ri Khasi Book Agency.