Evaluating the Categorical Exclusion of Khasi Women from Inheritance and Property Rights

Abstract

Customary laws govern inheritance among many tribal communities that fall within the ambit of the fifth and sixth schedules of the Indian Constitution. Under this paper’s scope, we shall look at the Khasi community hailing from the state of Meghalaya which is a matrilineal community. Where the Khasis draw their lineage from their mothers, there is a misnomer that women inherit and own the entire property. In light of the abovementioned background, the paper makes an analytical study of the customary inheritance rights of Khasi women, the nature of resource ownership and attempts to understand the grounds behind the claims of gender preference in the existing matrilineal system practised by the Khasis of Meghalaya. We also look at the intersection of gender and matrilineal system of inheritance in the Khasi community, the dispute between customs and legislations and examine whether there exists a need for codification. The paper also discusses the findings of the survey and focus group discussions including 90 Khasi women from East Khasi Hills and their growing consensus on equal inheritance rights but resistance towards statutory laws to govern their lives.