Wanchanmiki Dkhar, LL.M (2023-24), Symbiosis Law School (SLS) Pune, Symbiosis International (Deemed University) (SIU)
Shreyasi Bhattacharya, Assistant Professor, Symbiosis Law School (SLS) Pune. Symbiosis International (Deemed University) (SIU)
ABSTRACT
The right to marry is recognized as an integral part of Article 21 of the Indian constitution and is further guaranteed under Article 19. This right is enforced particularly in matters dealing with inter-caste or inter-community marriages. The present article discusses the right to marry from the lens of tribal marriages focusing on the Khasi tribe of Meghalaya, India. The matrilineal Khasi tribe has customary laws and practices in marriage, divorce, and inheritance. There are apprehensions within the Khasi community that a marriage between a Khasi woman and a non-Khasi would lead to the dilution of the Khasi identity and customary practices. Such marriages are also apprehended as a means for the non-Khasi to acquire the rights and benefits conferred upon the Khasi. These apprehensions manifested into a Bill passed by the Khasi Hills Autonomous District Council established under the Sixth Schedule of the Indian Constitution. The highlight of the Bill is to deprive the Khasi woman of her rights, privileges, and status of being a Khasi if she married a non-Khasi. Upon discussion and findings in this article, it is concluded that the Bill is discriminatory, unreasonable, and disproportionate. Besides marriages, acquiring the status of a Schedule Tribe by offspring(s) borne from the marital union between a tribal and non-tribal person is a contentious issue among the tribal communities which is sometimes referred to as a “fraud on the constitution”.
Keywords: Custom, Khasi, Khasi Hills District Autonomous District Council, Right to Marry, Schedule Tribe.
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