‘Amendments needed to ensure equitable distribution of property’

Four organizations – HNYF, KSU, FKJGP and Maitshaphrang have urged the citizens to extend their full support the need to introduce some amendments to the Meghalaya Succession to Self Acquired Property (Khasi and Jaintia Special Provision) Act, 1986 to ensure equitable distribution of property.

“With this vision in mind we appeal to the Hynniewtrep people for their views and opinion, their cooperation and support in bringing about a legislation that is progressive and an asset to all the children of the family and their generations and with the talents and the resources available in our State, let us make our Meghalaya an economic powerhouse, the pride of India,” Convener of the Maitshaphrang Michael Syiem said in a statement issued today.

The matter was also discussed during a meeting organized by the four organizations with representatives of the seng Kur (Clan) on April 15.

Syiem said the whole world revolves around the economy and the stronger the economy the stronger the country, citing examples like the USA, Germany, China, and quite a few more. Even Israel which is not much bigger in size than Meghalaya and where 65% of its territory is desert, has a very strong economy and attempts by its far bigger neighbouring countries to ‘bring it to heel’ time and again had been countered successfully by Israel. Israel is now a major player not only in the Middle East.

He said if Meghalaya is to become a strong and a progressive State and able to protect its’ borders besides taking up other development activities, it has to develop its economy and the involvement and contribution of its indigenous population to strengthen this economic development is vital.

In the present situation where government jobs have reached a near saturation point, the only viable alternative is for the young people of the state to go into economic activity in a big way and for those who have the capital, it will have a multiplier effect creating more employment opportunities.

For this to happen, economic empowerment of all the children in the family of the Hynniewtrep community is a must to allow them to give collateral for availing of loans from the financial institution.

“Therefore, the need to amend the above 1986 Act to include the word ‘Equitable’ meaning ‘Fair and Just’ (not ‘Equal’ as some people mistakenly interpreted), and the word ‘Ancestral’ in the principal Act which will then read as, the Meghalaya Equitable Succession to Ancestral and Self Acquired Property (Khasi and Jaintia Special Provision) Act. Proposal to include the word ‘Gift’ was also made,” Syiem said.

“The word ‘Equitable’ gives the parents the flexibility to ‘Will’ out their property to their children, sons and daughters, to whom and how much, according to their wisdom. If in certain cases, the parents in their wisdom feel that the youngest daughter deserves the bulk or the entire share, this Law will allow them to do so by Will. In a family where there are no daughters only sons, the Will which gives the sons the right to the family property will prevent the Kur (Clan) from snatching away the property from them when their parents expire, which is usually the case because of the absence of this law,” he added.

The Maitshaphrang leader further recalled that in the year 1982 a group of ex KSU members, discussed the need for a law to give all children of the family a share of the family property.

“Accordingly together with some concerned friends and members of the Tribal United Front led by (L) Wifel Slong we drafted a Bill which was to be presented to the KHADC. This Bill was however taken up and passed by the Meghalaya Legislative Assembly and received the assent of the Governor on May 23, 1986 as The Meghalaya Succession to Self Acquired Property (Khasi and Jaintia Special Provision) Act, 1986 and published in the Gazette of Meghalaya, Extraordinary, dated June 3, 1986,” he said.

“However in this principal Act of 1986 it mentions only the Self Acquired Property of the parents that can be Willed out to their children, sons and daughters. But this Self Acquired property of the parents, in the next generation becomes Ancestral property to the children and it reverts back to the youngest daughter as per our present system of inheritance,” Syiem said while adding that “So therefore, we are demanding that only this part of the Ancestral property that is inherited from their parents and grandparents be allowed to be Willed out to anyone of their children and successive generations and not the Ancestral property that belongs to the Kur (Clan).”

Syiem said after more than 30 years of campaigning we are glad that more and more families are equitably distributing their properties to all their children, sons and daughters. But it must be emphasized here that there must be a law in place to strengthen and legalise this distribution of inheritance by way of a Will or by a Gift.

“We are facing challenging times from challenging forces and unless we economically empower all our children, sons and daughters whenever possible, our matrilineal society will not be able to withstand the onslaught facing us today and the years to come. The problem of influx which is mainly driven by availability of economic opportunities, will be checked to a great extent when more and more indigenous people of the state enter into economic activity, encouraged by this new legislation,” he added.

KSU wishes state’s athletes

The Khasi Students’ Union (KSU) today extended its best wishes to four local youths, who will be participating in the World Pankration Championship to be held in Tashkent, Uzbekistan

Lozenza Songthiang, Francis RR Songthiang, Kyrshanbor R Songthiang and Nongkitboklang Songthiang will be leaving for Uzbekistan on April 30, to represent India in the world championship.

Leaders of KSU also met and wished all four success in the championship. This was informed by KSU publicity secretary Pynshai Rani in a statement issued here.

Court denies Dorphang’s plea for leniency

Dismissing the appeal for leniency filed by former Independent legislator and rape convict, Julius Dorphang, the Meghalaya High Court said the “society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender.”

Dorphang, a former militant leader of the outlawed Hynñiewtrep National Liberation Council, was convicted and sentenced to 25 years of rigorous imprisonment and a fine of Rs.15 lakh by a trial court for raping a minor.

The convict appealed for leniency on various technical grounds.

“The term of imprisonment of 25 years as awarded by the trial court by indicating cogent reasons therefore, does not call for any interference,” a division bench comprising Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh said.

“At the time of the commission of the repeated acts of rape on the same woman in Umiam, the appellant was about 52 years old. By imposing a sentence of 25 years of imprisonment, the trial court has ensured that by the time the appellant is let loose again in society, his libido would have been sufficiently lessened by age and adequately chastened by the punishment. He (Dorphang) will then no longer be able to unleash his lust or indulge in any further virile bravado,” the bench noted.

The court further ordered that the convict would have to pay a fine of Rs. 15 lakhs failing which he would have to undergo an additional five years of rigorous imprisonment.

“If the appellant does not pay the fine and serves a further five years of rigorous imprisonment, the state will make over the equivalent amount of Rs.15 lakh to the survivor,” the Court said.

The state government would also pay an additional sum of Rs. 5 lakhs to the survivor by way of compensation and ensure the continued well-being of the survivor, at least till she reaches the age of 25.

“The fine, if paid, and a total amount compensation not less than Rs.20 lakh, should be provided by the state to the survivor by way of investments that would mature on a periodic basis for her to receive the same,” the Court said, adding the total amount of Rs.20 lakh must be invested in the name of the survivor within three months.

“The state government would also be responsible for taking care of all the medical needs of the survivor free of cost and befitting a Grade-II officer of the state for at least the next 20 years,” it said.

Additionally, if there is any special programme or working opportunity for the survivor or if there is any late education programme for women where the survivor may be accommodated, the state should provide all assistance to the survivor to lead a remaining normal and healthy life.

Dorphang appealed for leniency by arguing through his attorney that the victim’s age cannot be conclusively proven to be that of a minor.

However, based on several accounts, including the victim’s father, the school headmistress and also scientific evidence produced by a dental surgeon and an ossification test conducted by the radiologist, the victim’s age was proven to be around 15-16 years when she was violated, the bench said.

“There does not appear to be any glaring infirmity in the judgment of conviction or the consequent sentence pronounced against the appellant, the trial court dealt with the material before it at great length and justly arrived at the right conclusion,” the bench ruled.

Committed to maintain religious harmony: VHP

The Vishva Hindu Parishad (VHP) on Friday reiterated its commitment to maintaining religious harmony in the state at all times.

This came a day after the Khasi Students’ Union asked the district administration of East Khasi Hills to take appropriate action against the VHP for alleged provocative acts by organizing a rally that has disturbed religious harmony in the society.

In a statement, the VHP said the organization celebrated Ram Janam Utsav in Shillong from March 30 and 31, April 1 and was followed by Shobha Yatra (procession) on April 2.

“The fact is that VHP carries out this procession every year and the Hindu devotees have participated enthusiastically. The programme was conducted in an orderly manner with full support from district administration, superintendent of police and traffic personnel who escorted the yatra for peaceful completion before the scheduled time,” it said.

“VHP respects the sentiments of all religions and has high respect for the indigenous people of our state. A customary slogan like “Jai Shree Ram” was made by the devotees. It is clarified that apart from “Jai Shree Ram” which is meant to hail Lord Rama, no provocative slogan was used during shobha yatra,” the VHP said while assuring that the organization is committed to maintaining religious harmony in the state at all times.

The VHP also referred to a report alleging that the Hanuman Jayanti rally scheduled for April 7, was called off by VHP as factually incorrect. The rally was not organised by VHP, it said.