National Seminar on

Customary Laws of North East India- Practices and Prevalences

Date: 21 & 22 October, 2017

Information Form
1. Name: REYNOLD JAMATIA (AUTHOR)
BANSHAN L RAPTHAP (CO-AUTHOR)

2. Sex: MALE

3. Name of the University/Institute/Organization: NATIONAL LAW UNIVERSITY AND

JUDICIAL ACADEMY ASSAM.

4. Designation: STUDENTS
5. Full address for communication: NATIONAL LAW UNIVERSITY AND JUDICIAL
ACADEMY ASSAM, AMINGAON HAJO ROAD 781031
6. E mail address: reynold@nluassam.ac.in
7. Mobile/Telephone No: 9612311560
8. Is accommodation required? NO
9. Date of arrival and time:
10. Food preference: Non-veg
11. Whether presenting Paper? Yes

Date: 15/10/17 Signature of the Participant

Reynold Jamatia
Banshan L. Rapthap
MATRILINEAL RIGHTS AND CUSTOMARY LAWS IN KHASI & JAINTIA TRIBES

ABSTRACT

The customary law which prevailing from the colonial era to the recent times have been made
an effective measure for adjudicating the laws. Which are basically can be said as unwritten
laws as well. The state Meghalaya, which is rich in its value and culture through the decades
with enormous beauty in its geographical location in the north-east of India. The tribes who
resides in the states are schedule tribes which can be divided in to three major tribes Khasi,
Jaintia & Garo who are the major tribes of Meghalaya which follows their own customary
laws from centuries.

In the paper the main scope shall be dealt in core with matrilineal rights and property rights
along with the customary laws of khasis and jaintias which shall include their practices and
prevalence’s. The method for the research shall be both in primary and secondary data
method along with the data collection from different houses and families.

Keywords- customary law, matrilineal rights, property rights

INTRODUCTION
Northeast are known to be different from the past centuries and alienated from the rest of the
states and always been fighting an inside cultural war with the mainland trying to ascertain
our position in the society, be it the 8 sisters with beautiful hills mountains and plains which
is blessed by the creator in which we live. But it’s the culture that we follows, that’s keep us
away from the rest of the country.

The cultural demography in the 8 sister’s states are vastly different from each other.
Meghalaya a small hill state in the north-eastern part of India is abode with three matrilineal
tribes, namely the khasis, the jaintias and garos. The Khasis and jaintias are both similar to
each other and both use khasi as written language though the jaintias have their own dialect.
Which make the tribe of Meghalaya different from the other tribes from the mainland. In this
research the core topics shall be dealt with the customary laws and matrilineal society of the
khasis and jaintias tribes. But before dealing with the particular topic, we need to know what
the matrilineal society or lineage are? Matrilineal is a lineage system where the children take
the mother’s name rather than the fathers. The lineage continues from the mother’s side and
not the father’s side. This also means that families are formed along the female blood-lines.
In this type of society, the property is inherited by the daughters and not the sons.

Since the Khasis follow the matrilineal structure children take their mother’s surname. When
a man and woman have the child, the child is mostly reared by the woman’s family,
comprising of her mother and sisters. Moreover when a couple get married, the tradition of
the society mandates the groom to leave his house and reside in the bride’s house forever,
quite unlike what happens in a patrilineal system. The youngest daughter is the caretaker of
the property while her elder sisters get a part of it.

THE TRIBES OF MEGALAYA IN GENERAL

Megahlaya is a home of three major tribes namely as Khasi, Jaintias and Garo which they
have district taste of culture food and many more but the common bond they follow is
matrilineal social system in which the family lineage is taken from the mother side.

1. KHASI

The family is known as ling, where consist of mother, husband, her unmarried sons, her
married daughters, their husband and children. Where in the khasi society or family the
husband stays with their wives in her house. Which the male person upon the marriage to
leave his home and stay in her wives house for his entire life. Which is known as matrilocal
residence.1 The youngest daughter is the heiress, following the principle of ultimo geniture 2.
She acts as the priest of the family and leads all family rituals, including the post death
ceremonies that include cremation of the dead. The elder daughters of the family are
dispatched to new places after their marriage.

Only the youngest daughter lives in the mother’s ling as custodian of the house and
responsible for family worship. Thus, she receives a larger share in the family property. The
extended group of interconnected lings is called a kur, a clan.

2. JAINTIAS

Jaintia in the jaintia hills are the subtrtribes of khasi and since they reside in the jaintia hills
and they are also known as Syntengs,Jayantias and pnars which are given by different
anthropologist. Athe form of matrilineal similar to khasi jaintias also follow the lineage of
mother’s family. Children of jaintia tribe take up their mother title. But they cannot marry
within the same tribe. Sincemost of them follow Christianity.

3. GARO

The Garos are also matrilocal. The extended family is called a machong. The Garos also
follow the principle of ultimogeniture. Through which the youngest daughter becomes the
heiress apparent. She is called nokna dona. Her husband is called nokrom 3. The Husbands of
the other daughters are called chowari. While any of the daughters can be nominated to
inherit the property but it is usually the youngest daughter who is chosen to inherit the family
property. Other daughters move out to reside in separate households with their husbands. The
1 https://www.merriam-webster.com/dictionary/matrilocal
2 A principle of inheritance in which the right of succession belongs to the youngest son.
3 Matrilineal Families: (Family System among the Khasis, Garos and the Nayars). (2014, June 06). Retrieved
October 06, 2017, from http://www.yourarticlelibrary.com/society/matrilineal-families-family-system-among-
the-khasis-garos-and-the-nayars/41331/
 preferred form of marriage is for a nokna to marry her father’s sister’ son. In the event of the
death of the nokna’s father, her mother is free to marry. But if this marriage takes place, then
there remains the possibility of the mother producing yet another daughter.

TRIBES CHOSEN FOR STUDY

1. KHASI PRINCIPLES OF INHERITANCE

The General principles of inheritance are that the women inherit the properties of their
parents, ancestral or the properties that are self-acquired. These properties cannot be mixed
up, because any property that is acquired by a man before his marriage is transferred to his
mother and any property that is inherited by him after marriage is inherited by his wife and
by his children, who although having the right to inherit cannot inherit them within their
parents’ lifetime.

It is only in the War community which is only in a few villages of Shella, Mawlong, Byrong,
Nongjri, Sohbar, where the son has a right to the share of his parents and grandparents’
property. But there are many families and clans which still retain their custom of inheritance
even if they reside in different parts of the Khasi hills, even in cases where the husband is
Khasi and the wife is War the inheritance will be according to War custom, and where the
husband is War and the wife is Khasi the inheritance will be according to the Khasi custom.4

The properties amongst the Khasi Tribe include money, ornaments, lands, houses, groves,
paddy fields, cattle and any such properties that is owned by the family, individual or clan.
The classifications of properties are as follows:

i. Ancestral (Nongtymmen) property where the individual inherits from one’s parents or
grandparents.
ii. Self-acquired (Nongkhynraw) is the property in which the individual acquires while living
or earning alone. This property is also known as Nongkynti or one’s own property.
iii. The property one acquires after marriage (Kamai iing khun iing tnga) is one in which the
individual acquires after his marriage.
iv. The property in which the individual is still living with his parents or his family is known
as Kamai iing kur or property belonging to his mother or property which belongs to his
clan.

4 Altman, I., & Ginat, J. (1996).Polygamous families in contemporary society. Cambridge: Cambridge
University Press.
The general custom of inheritance is that the ancestral property is inherited by the daughters,
generation after generation. The Khun Khadduh or the daughter which is the youngest in the
family inherits the ancestral property and the occupies the ancestral house called iing seng or
iing khatduh. The Khadduh is the custodian of the family property, she is responsible for the
performance of the religious ceremonies (ka bat ia ka niam), she cremates her mother and if
she is the Khadduh of the whole family it is her responsibility to put the bones of all the
family members in their final resting place under the stone of the clan (Mawbah). Members
of the family who are unable to earn for themselves and have no children to earn for them has
the right of being fed at the iing khadduh or ancestral home. The actual management is in the
hands of her brothers and uncles and her father is to be consulted. She cannot sell family
property without the knowledge and consent of uncles and brothers. All the sisters have a
right to occupy a portion of the family land not already cultivated or possessed by other
sisters and Ka Khadduh cannot deprive them of this right.

Ka Khadduh obtains her important position as the family priestess, the karta as the person
most suitable by age, experience and natural respect due from the family. But the position of
Ka Khadduh differs from that of the karta as she is possibly the most inexperienced and unfit
to do actual management since she is the youngest of the family, whereas the karta if the
father or the elder male member. The duties of management of the properties performed by
the karta amongst the Khasis and the Pnars are carried are carried out by one or more of the
elder male kur. Their names often appear in documents of sale or mortgage as well as that of
Ka Khadduh.

Inheritance to property cannot under any circumstances remain in suspension after the death
of the owner of the property or Ka Khadduh, her youngest daughter or in cases where she
does not have a daughter her next sister will have entitlement over the property left by the Ka
Khadduh or the owner of the property.

Ka Khadduh is the only custodian of the property, she cannot transfer or alienate the
properties without the consent of the members of the family in cases of family property and
the consent of the members of the clan in cases of clan property. Generally, it is the maternal
uncles or brothers or other senior members of the family or the clan who manage such
properties on behalf of Ka Khadduh.

Exclusion from Inheritance:

 According to the Khasi custom an individual can be excluded from the inheritance of the
property if:

i. He or she commits murder; a murderer cannot inherit or succeed the property of the
person that was murdered as the murderer has is disqualified on the principles of justice,
equity and good conscience. Such a person is treated as non-existent when the succession
opens on the death of his or her victim, he cannot be regarded as a fresh line of descent
and not only he or she but their children are also excluded from the succession of the
property.
ii. Unsound mind, it need not be hereditary or incurable, if it exists at the time succession
opens it is enough for the individual to be excluded from the succession of the property.
iii. One who commits a taboo or a sang that is when an individual marries or conjugates with
a person of the same Clan or Jait or with a Clan or Jait in which intermarriage is
forbidden.
iv. If Ka Khadduh is considered as unfit for managing the ancestral property or does not
reside in the ancestral home but she resides in another place which makes her unable to
perform the ceremonies or any other acts in which she is responsible, the family can
choose another member to perform these responsibilities. In cases of serious misconduct,
the Kur or the Clan elders can deprive any family member of their rights for succession or
inheritance to the ancestral property or the family property.
v. Conversion of the Khadduh to another religion will affect her rights in respect of ri-
shyieng or ri-niam groves or lands which are kept to provide expenses for religious rites
and ceremonies which she has to perform.
vi. Khang apot - Kit apot, amongst the Wars, the children or the descendants who refuse to
bear the expenses of the religious ceremonies after the death of the owner of the property
or at the time of a calamity will be deprived of the right of inheritance. Such contributions
have to be made at the time of the performance of the ceremonies and not after the
religious rites have been performed. The property which has once been vested in those
who had borne and had performed such ceremonies cannot be deprived of the right.
vii. Illicit intercourse by the widow during the mourning period of her husband will divest her
rights for maintenance. The widow cannot remarry until one year expires after the death
of her husband and until she has given the bones to his kur or clan. If the widow breaks
this custom her rights for inheritance of the husband’s property will be divested but her
children can claim the property and make over the bones of the father to his kur or clan.
The widow who remarries within the period of one year will have to pay a fine known as
 thnem or jynsang or ban snem to the kur of the husband who will perform a ceremony of
divorce between her and her deceased husband.

2. JAINTIA PRINCIPLE OF INHERITENCE

The people living in Jaintia Hills District of Meghalaya are called 'Pnar'; they are ethno
linguistic group of people and the word Pnar encompasses an ethno linguistic and
geographical area within the administrative boundaries of Jaintia Hills District. The Pnars are
believed to be of Indo-Mongoloid race although speaking a distinct Austric language
belonging to the Mon-Khmer group. With regard to the social origin of the Jaintia people
there is an indigenous theory according to which they belonged to a common race, which
occupied a large area of Northern India, Burma, Indo-China and parts of South China in the
Neolithic period. The people inhabiting the District are Pnars, Wars, Bhoi (Karbis) and
Biates. The people are often been described to be fond of amusements and happy-going. The
cheerful disposition of the people was an attraction to the strangers. In general, they were
simple, open hearted, honest people with a very good sense of obligations and capable of
sincere gratitude. The bond of blood relationship is very strong among them. In the Pnar
society the family is the core of social organization5. Though it is mother-centred, the
authority of the house or "Iung" lies with the eldest maternal uncle, he is the head of the clan
and represents the same in any village matters. But Marital and other institutional affairs are
based on the matrilineal system.
Matriarchy in its true sense does not exists in the Pnar society. Inspite of the female
ownership of property the woman's elder brother is the actual head of the household and
when the husband, after the initial matrilocal residence, establishes independent house, he is
the undisputed lord of the family. In the case where there is no female child, the mother is
succeeded by her son. Thus the system is called matraichal only by courtesy. In the recent
time there has been tremendous change in the way of life of the Jaintia people and it is not
uncommon case for a man to live together with his wife and children in separate houses and
the house is solely run by the father of the house and not by the uncles. Matriliny in Jaintia
Hills does not mean that the female are more supreme than the males but it is that tracing of
descent is done through a female side. The father no doubt is the head and occupies an
honoured position in a family. In Jaintia Hills traditionally, inheritance of real property passes
from mother to the youngest daughter called as 'khadduh'. Other sisters also share the
5 Chacko, P. M. (1998).Matriliny in Meghalaya: tradition and change. New Delhi: Regency Publications.
property but the youngest one shares more because of her responsibility to the family. No
man in the uplands of the Jaintia Hills can possess landed property, unless it is self-acquired
property, if a man dies and leaves behind acquired property, his heiress will be his mother, if
alive, excluding wife, sons and daughter.6 If the wife however, undertakes not to remarry, she
will inherit half of her husband property, which at her death will descend to her youngest
daughter by him. The youngest daughter who inherits the property has the obligation, that she
must look after the family idols and bear all its Puja offerings out of her own pocket, if the
youngest daughter changes her religion she loses her position in the family and is succeeded
by her next youngest sister as in the case of death.

CONCLUSION

The tribes of the states Khasi, Jaintias and Garo which have different culture and rituals but
they are all similar in the point of inheritance which follows the same matrilineal system of
inheritance with different patterns. With the scenario of matrilineal system of inheritance
there have been a drastic difference with the other communities or societies from the

6 Chacko, P. M. (1998).Matriliny in Meghalaya: tradition and change. New Delhi: Regency Publications.
mainland, but with the empowerment to cognates the family system is been better as well. As
stated above in the chapter the Khasis and the jaintias are similarly in field of rituals and
marriage system. Where the khasi are majority in Christianity and the jaintias are influenced
in Hinduism as well as Christianity religion.

BIBLIOGRAPHY

Websites.
 https://www.nelive.in/meghalaya/art-culture/matrilineal-society-
meghalaya
 http://www.yourarticlelibrary.com/society/matrilineal-families-family-
system-among-the-khasis-garos-and-the-nayars/41331/
 http://neroutes.com/blogneroutes/tribes-of-meghalaya/

Books.
 Chacko M. Pariyaram; Matriliny in Meghalaya Tradition and change;
Regency Publication; New Delhi;1998
 Pfeffer Georg & Behera K. Deepak;Contemporary Society Tribal
studies; concept publishing company, New Delhi; 1997
 Lyngdoh R. Charles;Revisiting Traditional Institution in the khasi-
Jaintia Hills; Cambridge scholars publishing; 2006