The gender biased KHASI HILLS AUTONOMOUS DISTRICT (KHASI SOCIAL CUSTOM OF LINEAGE)(SECOND AMEDMENT) BILL, 2008 is a violation of the fundamental right of a Tribal women…This decision to discriminate against woman is more like a Khap Panchayat in our backyard waiting to pounce on women…Can the law passed by the KHADC overwrite the laws passed by the Centre? And can the Governor of Meghalaya, assent to an unconstitutional Bill which is demeaning and Discriminating Tribal woman and their children? Benami is rampant by many greedy Tribal men and many leaders, yet KHADC remained blind to this fact and zoomed in only on Tribal women. This bill for me, smells of Formalin Fish…
Why the Second(?) Amendment to 1997 Khasi Social Custom of Lineage Act is Untenable in Law
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. 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 and the proposed amendment will not in any way resolve what is sought to be projected as being the crisis in Khasi society. 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. Further there is an urgent need to bring a Land Ceiling Act such that rampant land alienation leading to landlessness especially rural landlessness is immediately checked. 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 amendment bill.