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Absoluta sententia expositore non indiget - An absolute judgment needs no expositor.
Tradition and modernity in Khasi society
The Khasi society has been, by and large, tradition-bound where social customs had positive attributes of authority as revealed in the sanctions that guarded them. In the traditional setting, customs served well enough to regulate the conduct of life. Social was system sustained by common acceptance and such group procedures in Khasi life have gradually emerged without express enactment or without any constituted authority to declare them. The institutional aspects of social life were rooted entirely in social codes. But it did not mean that Khasi society as a static society devoid of interaction with modernist networks. In fact, modernization had taken place even within the framework of customs, for certain customs were allowed to be obsolete with the passage of time. However, the most significant force of modernization has been the changing perception of the people which can be attributed to their educational advancement and ~so to legislations either supplementing or invalidating customs. This is evident from a detailed analysis of the following aspects of the social life and culture of the Khasis.
Khasi society matrilineal Descent
The Khasi society is matrilineal and female centered. The succession is traced to the female. Pointing to the significant pattern of the residence of the spouse after marriage, Gurdon stated "The most remarkable feature of the Khasi marriage is that it is usual for the husband to live with his wife in his mother in-law's house. This arrangement amongst the Khasis is no doubt due to the prevalence of the matriarchate.! Many of the Khasi authors and intellectuals differ with the views of Gurdon, the reason being the matrilocal residence is not defiantly con committant of matriarchate or matrilineal society.2 The word matriarchate is, used in a limited sense, and a society can be regarded as matriachate where inheritance is reckoned in the female line3 and also where the family life of the early Khasi society revolved round the mother who had the authority over the ancestral property for descent was matrilineal and because of the matri-Iocal residence the continuity of tradition in the house of birth was well maintained.4
There is an old saying among the Khasis: Long jaid Naka Kynthai (from the woman sprang the clan). The woman is the custodian of the property and also the keeper of the health and kitchen of the Khasi home "In their social system the Khasis are matrilineal and they recognise matrilineal descent but it should not be confused with a matriarchate society. The woman is the mistress of the household and the custodian of wealth and property but not proprietress. The man is the master in war and peace. The maternal uncle is the undisputed director of the ancestral wealth and property where the father is the provider, the master and guide of the family. There was a clear division of functions between the household and the world outside."5 N. Natorajan however maintained and believed that the woman of the Khasi society was active participant in war with proven soldierly qualities and also enjoyed power and prestige without supremacy and under. safeguards. The woman had power and authority in the matter legislative, executive and judicial process. She believed that "a female Syiem ruler was elected in a very special circumstances when there were no make Syiems to rule the state. "6
The woman as the fountain head of a clan is held in high esteem. She is the embodiment of all that is good in house. She is popularly known as Lukhimai being the guardian spirit of the house.7 Daulatram the Governor of undivided Assam indicated the changes in the thinking of the Khasi society. 'I have been an admirer of some of your fine customs. I think there is great deal to be said for the matrilineal system. I sometimes feel that indirectly it has considerable effect in encouraging the free progress of the woman and it tends to make them real equals of men. Their innate qualities get scope for evolution and development and they are more mature members of their society than are their sisters elsewhere. You some time give them a position in public affairs which anyone can envy.
There was no rigidity in the stratification of the early Khasi society and social hierarchy was in existence. The Khasis follow strict descent line and no classificatory or brother is allowed to take over the authority of the iing if there is no successor to the property a daughter may be adopted from the nearest matrilineal descent group or if there is a son, he may inherit his father's or mother's acquired property but ancestral property should go to a matrineal. The Khasis consider the iing institution as themost important functionary for the purpose of preserving ancestral property and religious rites and ceremonies. "This is indeed the key to the whole Khasi social organization".11
Since the property belongs to the female the suits about the property right are fought and contested in the courts between females.
The Khasi religion also indicates to the matriarchate system. U Blei Nong-thaw the Khasi deity owing no doubt to the influences :of the matriarchate is frequently given the attribute of the feminine gender ka lei synshar.12
Who is a Khasi?
Gurdon wrote that the inhabitants of the Khasi and Jaintia Hills divided into the following sections namely (i) Khasi, (ii)Synteng or Pnar, (iii) War, (iv) Bhoi and Lyngam; there the people originated from the Khasi roots speaking the same dialects and languages.13 According to Khongphai, the term Khasi is applied to the various tribes and sub tribes that inhabit the Khasi and Jaintia Hills which includes the following tribes:-
1) The Pnars of Jaintia inhabiting the east;
2) the Bhois inhabiting the north;
3) The Wars inhabiting the South;
4) The Lyngams inhabiting the west;
5) The Khynriams inhabiting the high land middle portion.14
According to Gurdon, a person born of a Khasi mother irrespective of the fact whether the father is a Khasi or a non-khasi, is a Khasi. As the children belong to the mother, there is no question of illegitimacy of children in the Khasi society. Gurdon :further noted that Khasi law cannot be applied to a person who is not a Khasi by birth- a Khasi must be born and cannot be made. A Khasi always reckons his jait from the mother and cannot take jait from the father and therefore children belong to the mother, the mother to her mother.
U. Cromolyn Lyngdoh, a former Judge of the United Khasi & Jaintia Hills District Council, wrote in 1983, A Khasi is a Khasi because of his religion (niam), more than anything else. This is a great fact. To understand him, therefore, one has got to go deep down into the very root of his religion. It is religion in the sense of his niam which regulated all his thoughts and activities. Forget his religion, and you will never understand a Khasi. I believe that in no other department of law does religion play so prominent a part as in this part of inheritance. Mr. David Roy says," A person who is a descendant of the folk who found a home in these hills and is governed by Khasi laws of consanguinity and kinship is a Khasi. "16
The Commission on Land Reforms agrees that Khasi who had migrated to other place and has lost his identity may no longer be treated or accepted as a Khasi and as such has lost all his claims to the privileges and customary right of the Khasi over properties. The Commission does not, however, agree with Dr. Bareh in his contention that Hindu and Muslim refugees from the plains who had adopted Khasi custom can become Khasis. The story of common acceptance among the Khasis if the people from the plains who have become Khasis is that those plains people were either refugees who had identified themselves with the Khasis, and had, for their own free will and accord, adopted and followed the Khasi matrilineal system, religion, customs and way of life in very respect, or women carried away during raids, and when they got married to Khasi men and bore children to them, they and their children of their own accord took to matrilineal system adopted Khasi religion, customs, etc. in every respect and were accepted by the Khasis as Khasis.17
Kynpham Singh wrote quoting U Khasi Mynta, Naitung, 1986. "The common nomenclature 'Khasi' for the inhabitants of the Khasi Hills, the Synteng, the War, the Khasi indicated that they are of the same stock. I have quoted the above passage to stress the fact that Khasis and Jaintias are one and that their religion also is one. Therefore, to avoid confusion, when I speak of Khasis and Jaintias and when I speak about the Khasi religion,I Imply the religion of the Khasis and Jaintias."18
According to Sir Keith Cantli, the children belong to the clan of the mother and not to that of the father for the societies are matriarchate and the descent is reckoned from the mother alone. There are large numbers of Khasi or Jait, known as jait Dkhar are also Khasis who were by the process of assimilation which had continued through ages absorbed in the khasi community and had become Khasis by race or racial Khasis from time immemorial. A non-mother, who married a khasi male, had three daughters, namely Ka Rasani and Sati, these three daughters lived as Khasis, married Khasis, and in course of time not less then 200 years, or three generations they formed their descendants; they are known by the above jait, and in case they cannot intermarry, Khasi law would apply to such persons but certainly a Khasi jait cannot come into being even intwo generations, unless they are absorbed and assimilated into the khasi community to from a Khasi race. For example, as the author pointed out that U Mohan Diengdoh married a non-Khasi daughter, namely Bani, Rani and Sati; these daughters cannot khasis in their lifetime, not even for years to come unless they martried khasis, lived as Khasis, followed Khasi custom and then their descendents would take a jait. 20
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Authored by late Dr.N.K. Dev (Sr. Advocate - Shillong High Court)
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