Khasi Inheritance of Property Bill, 2021

In News

• 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.

Way Forward

• 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.

Source: IE