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Chapter III: Laws and Customs (1)

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Tribal Organization.

The inhabitants of the Khasi and Jaintia Hills may be said to be divided into the following sections:--Khasi, Synteng or Pnar, Wár, Bhoi, and Lynngam. These divisions represent collections of people inhabiting several tracts of country and speaking dialects which, although often deriving their origin from the Khasi roots, are frequently so dissimilar to the standard language as to be almost unrecognizable. The above sections may be sub-divided as follows:--The Khasis into the inhabitants of the central high plateau, Cherra and Nongstoin, Maharam, Mario, Nongkhlaw, and the neighbouring Siemships. The Syntengs or Pnars may be divided as follows:--Into Syntengs proper, Nongtungs and Kharwangs; the Wárs into Wár proper, and Wár Pnar; the Bhois into Jinthongs, Mynris, Ryngkhongs, and the Khasi-Bhois, i.e. Khasis who inhabit the low country to the north of the district, which is called generally the "Bhoi." The Lynngams are a separate division. They must not be confused with the Dkos or Hanas who are Garos. It must, however, be remembered that the Jinthong, Mynri, and Ryngkhong Sub-divisions of the Bhoi division are not Khasi, but Mikir, i.e. they belong to the Bodo or Bara group. The Lynngams are half Khasis and half Garos, and the Dkos or Hanas are Garos who observe the Khasi custom of erecting memorial stones. The above tribes and sub-tribes are not strictly endogamous, nor are they strictly exogamous, but they are more endogamous than exogamous; for instance, Syntengs more often marry Syntengs than Khasis, and _vice versâ_, and it would be usually considered derogatory for a Khasi of the Uplands to marry a Bhoi or Wár woman, and a disgrace to marry a Lynngam. These divisions are subdivided into a number of septs, taking Mr. Risley's definition of "sept" as being the largest exogamous division of the tribe. It will, however, be more convenient to speak of these septs as "clans," the word "clan" having been used in other parts of this Monograph and by other writers.

Many of the clans trace their descent from ancestresses or _kiaw_ (grandmothers), who are styled _ki Iawbei-Tynrai_, lit. grandmothers of the root (i.e. the root of the tree of the clan). In some of the clans, the name of this ancestress survives; take as instances the Mylliem-ngap and Mylliem-pdah clans of the Khyrim State, the names of the ancestresses of the clans being _ka ngap_ (honey, i.e. the sweet one), and _ka pdah_ respectively. This tribal ancestress, as will be seen in the paragraph of the monograph dealing with ancestor-worship, is greatly reverenced, in fact, she may almost be said to be deified. The descendants of one ancestress of the clan, _Ka Iawbei Tynrai_, are called _shi kur_ or one clan. We then come to the division of the _kpoh_ or sub-clan, all the descendants of one great grandmother (_ka Iawbei Tymmen_), being styled _shi kpoh_. The next division is the _iing_ (lit. house) or family. It is almost invariably the case that the grandmother, her daughters and the daughter's children, live together under one roof, the grandmother during her life-time being the head of the house. The grandmother is styled _ka Iawbei Khynraw_, or the young grandmother, to distinguish her from the other two grandmothers, _ka Iawbei-tynrai_ and _ka Iawbei-tymmen_ who have been mentioned above. The young grandmother, her daughters and their children are said to belong to _shi iing_, one house, the word _iing_ in this instance possessing amongst the Khasis the same significance as the English word _family_.

We will now see how the Khasi clan (_kur_ or _jaid_) grew out of the Khasi family (_iing_). Let us take the example of the great Diengdoh clan of Cherra. Disregarding the myth that the Diengdohs are descended from a mermaid, it may be stated that there seems to be a fairly general belief amongst the Diengdohs that their first ancestress or _kiaw_ came from the country beyond the Kopili river (some go so far as to say that she came from the Assam Valley), to the Jaintia Hills, where she found a husband. Legend relates that it was one of the peculiarities of this woman that she was able to accommodate herself in an earthen jar or _lalu_, which fact gave rise to the name _Lalu_ by which she and her children were called by the Syntengs. The family prospered during the time when a powerful chief of the Malngiang clan held sway in the Jaintia Hills. On the death of this king a civil war arose, and the _Lalu_ family, together with many others, beat a retreat across the river Kopili. Here they lived in prosperity for some generations until a plague arose and carried off the whole family except one female, called _Ka Iaw-Iaw_, who became the sole owner of the family wealth. Many desired to marry her for her possessions, and it was owing to their importunities that she fled to Jowai to the house of a _lyngdoh_ or priest. The _lyngdoh_, under pressure from his wife, tried to sell Ka Iaw-Iaw as a slave, but no one would offer more than 20 _cowries_ for her (_shi-bdi_); this decided the _lyngdoh_ to keep her. Out of gratitude for this kindness, Ka Iaw-Iaw brought her wealth from beyond the Kopili to the _lyngdoh's_ house, when the son of the _lyngdoh_ was given her in marriage. They lived happily for some time, when some adventurers from beyond the Kopili came to Jowai with the intention of carrying off this rich bride. The _lyngdoh_, however, received warning of their intent, arranged for the escape of Ka Iaw-Iaw, and they fled to Sohphohkynrum, a place near Nongkrem in the Khasi Hills, where she established a village. Here Ka Iaw-Iaw was called _Ka Iaw-shibdi_, because she paid every man who was engaged by her in founding a market there 20 cowries (_shi-bdi_) per day for their labours. Here also she is credited with having first introduced the art of smelting iron, and she is said to have made various iron implements which she exported to the plains. She is also said to have kept a huge herd of pigs which she fed in a large trough hollowed out of a _diengdoh_ tree; it is to this fact that the Diengdoh clan owes its name. After _Ka Iaw-shibdi_ and her children had lived for some years in prosperity at Sohphohkynrum, they were attacked by the Swarga Raja (the Ahom King), U long Raja (probably the Raja of Jaintia), and the Assamese Barphukan. They fled to a place called Lyndiangumthli, near Lyngkyrdem. Finding this place unsuitable as a home, the family split up into four divisions. One division returned to Jowai, where it increased and multiplied and afterwards grew into the Lalu clan, another went to Nongkhlaw and became the Diengdoh Kylla clan; another went to Mawiong and formed what is now known as the Pariong clan; the fourth, after some vicissitudes of fortune, went to Rangjyrteh and Cherra, at which place it established the powerful Diengdohbah clan, and became afterwards one of the chief _mantri_ or minister clans of this state. I have quoted the history of the origin of the Diengdoh clan at some length, to show what I consider to be an example of the Khasi conceptions of how the clan was formed, i.e. from a common ancestress, all of the clans having traditions more or less of descent from some particular _Kiaw_ or ancestress. This story moreover is remarkable as pointing to a Khasi migration from beyond the Kopili river to their present abode. The clans of the present day are nothing more or less than overgrown families, they are bound together by the religious tie of ancestor-worship in common, and of a common tribal sepulchre, except in cases of clans which have, owing to their size, spit up into several sub-divisions, like the Diengdoh clan; such sub-divisions possessing their own cromlechs. Ancestor-worship in common and tribal sepulchres in common seem to indicate that the original unit was the family and not the tribe, for there would be no reason for the members of a clan to worship the same household gods and to deposit the remains of the clan members in the same tomb unless there was some strong tie, such as that of consanguinity, binding them together. It has been already mentioned that each of these clans is strictly exogamous; this again supports the family origin theory. A Khasi can commit no greater sin than to marry within the tribe. Some of the clans are prohibited moreover from intermarriage with other clans, because of such clans being of common descent. If the titles (see Appendix) are carefully examined, it will be seen that some of them bear the names of animals, such as the _Shrieh_ or monkey clan, the _Tham_ or crab clan, or of trees, such as the Diengdoh clan (already referred to). The members of these clans do not apparently regard the animals or natural objects, from which they derive their names, as totems, inasmuch as they do not abstain from killing, eating or utilizing them. The names of these objects are connected generally with some story, concerning the history of the clan, but there is no evidence to show that the clans-folk ever regarded the above animals or objects as their tribal totems. If the lists of the Khyrim and Cherra clans are examined, it will be seen what a large number bear the name of _Dkhar_ or its abbreviation _'Khar_. The word _dkhar_ is that applied by a Khasi to an inhabitant of the plains. We come across names such as _'khar-mukhi, khar sowali_, the first word being an abbreviation of _dkhar_, and _mukhi_ being the common Bengali name which occurs in Chandra Mukhi, Surjya Mukhi, &c. Sowali (_chowali_) is the common Assamese word for a girl. The ancestresses of these tribes were plains women, carried off, no doubt, in the raids made by the Khasis over the border into Assam and Sylhet. The word _Jong_ in the list of tribes is a Synteng synonym of _kur_ or _jaid_, and the Wár word _khong_, which will often be found in the names of the tribes of the twenty-five villages of the Khyrim State, is merely a corruption of _jong_ or _iong_, the Synteng word for clan. Let us now see how the State or Khasi Siemship was formed out of a collection of these clans, how these clans obtained political powers, how some clans became more powerful than others, and how a Khasi King or Siem is appointed.

State Organization.

We have studied in the preceding chapter the formation of the clan from the family, and how the former established villages. Let us now turn to the constitution of the Khasi State, which, it will be seen, has been formed, in more than one instance, by the voluntary association of villages, or groups of villages. The head of the Khasi State is the Siem or chief. A Khasi state is a limited monarchy, the Siem's powers being much circumscribed. According to custom, he can perform no act of any importance without first consulting and obtaining the approval of his durbar, upon which the state _mantris_ sit. This durbar must not be confused with the electoral durbar which will be referred to later. It is an executive council over which the Siem presides, and also possesses judicial powers (for a description of a judicial durbar, see page 91 of the monograph). The form of summons to appear before this durbar used to be a knotted piece of string or cane, the number of knots denoting the degrees of urgency of the summons, not a piece of pork, as one writer has said. Pork is a luxury which is not usually distributed gratis. The Siem manages the State business through his _mantris_, although it is true that in some States the members of the Siem family have been allowed a considerable share of the State management. This latter arrangement is, however, a departure from the ordinary rule in the Siemships, and is regarded as unconstitutional. In some States there are village headmen, styled Sirdars, who settle cases, collect labour, and assess and receive for the chief the _pynsuk_, which may be literally translated as "gratification." In Nongstoin there is an official styled _lyngskor_, who is the superior of a number of village sirdars, and who acts as the Siem's deputy-governor. In the Khasi Hills there is no land revenue, nor are there any tithes or other imposts levied upon the cultivator's produce. The land, to a great extent, is the property of the different clans and villages, although in some instances there are estates owned by private persons. The chief is entitled to receive the income that arises from what are known as the _raj_ or State lands only. All that the Siem usually receives from his people in the way of direct revenue is the State subscription, or _pynsuk_, mentioned above. Even this is supposed to be a voluntary contribution, and it is not demanded in some States. This tax is nominally a collection to meet the expenses of the State ceremonies, but is really a means of increasing the chief's private income. The contribution varies in amount according to the means of the villagers. The Siem's principal source of income, however, in all the Khasi States is the toll (_khrong_), which he takes from those who sell at the markets in his territory. As the Khasis are great traders these tolls are often at the larger markets fairly valuable. The chief raises no excise revenue, the manufacture of both fermented and distilled liquor being subject to no fiscal restrictions whatsoever. In a few States the Siems are commencing to levy registration fees, but the amounts are insignificant. Judicial fines are divided between the chief and the members of the durbar. In some States the Siems' incomes amount to a few hundreds a year only. Generally speaking, the Khasi chiefs are necessarily a very impecunious set of persons, and many of them are indebted to, comparatively speaking, large amounts. The Siem is appointed from the Siem family, there being such a family in each of the fifteen Khasi States. The most important States are Khyrim, Mylliem, Cherra, Nongstoin, and Nongkhlaw. There are a few other petty States presided over by Lyngdohs, Sirdars, or Wahadadars. A fact which is of universal application is, that heirship to the Siemship lies through the female side. The customary line of succession is uniform in all cases, except in Khyrim, save that in some instances cousins rank with brothers, or are preferred to grand-nephews, instead of being postponed to them. The difference between the rule of succession and the rule of inheritance to real property should be noted. In the former case the sons of the eldest uterine sister inherit in order of priority of birth, although it is true that this rule has sometimes been disregarded. In cases of succession to realty, however, the inheritance goes to the youngest daughter of the deceased's mother, and after her to her youngest daughter. In successions to the Siemships, in the absence of male heirs from the eldest sister, the succession passes, by what has been aptly described as the "knight's move," to the male children of the next eldest sister. In Khyrim the custom of succession is peculiar, there being a High Priestess, and heirship being limited to her male relatives. Generally speaking, it would appear that succession was originally controlled by a small electoral body constituted of the heads (_lyngdohs_), of certain priestly clans, who, it is presumed, exercised their authority to reject candidates, when necessary, mainly on religious grounds. There has, however, been a distinct tendency towards the broadening of the elective basic. In the large State of Khyrim the number of the electoral body has been greatly increased by the inclusion of the representative headmen of certain dominant but non-priestly clans (_mantris_). In other States the Council has been widened by the addition to it of village headmen (_sirdars_), or the chief superintendents (_basans_) of the village markets, tolls from which constitute the chief item in the public receipts of these States. A further step towards the recognition of the public will in the nomination of a Siem has been the introduction of popular elections, at which all the adult males vote. Such popular elections were very greatly due to the views held by Colonel Bivar who was Deputy-Commissioner of the Khasi and Jaintia Hills from 1865 to 1877. These elections have been, in many States, an innovation which is hardly in accord with public sentiment, and in many cases the voters have done no more than confirm the selection of a special electoral body. It is, however, clear that the idea of popular elections is not one with which the people are unfamiliar, e.g. in Langrim State, where all the adult males customarily vote at an election of a Siem. Popular election has also customary in the Nobosohpoh and Bhowal States, in cases where a special electoral body has been unable to agree upon a nomination, and also in Nongspung, if a Council of five _lyngdohs_, which has in this State authority to declare who is the rightful heir, but not to disqualify him, cannot come to an unanimous decision. The Siems are appointed by an assembly, or _durbar_, which will be described later. The chiefs, having been thus chosen by the _durbar_, which is supposed by the people to be an institution of Divine origin, are styled, _ki Siem u blei_, or Siems of God. In most States the Siem is the religious as well as the secular head, e.g. in the Cherra State, where the Siem is also _lyngdoh_. In Khyrim State the Siem has sacerdotal duties to perform at different religious ceremonies, especially at the time of the annual Nongkrem dance. It is the custom for the Siem to consult the auspices with the soothsayers for the good of the State. The Siem in matters judicial acts as a judge, the whole body of the _durbar_ being the jury. In olden days the Siem marched to war at the head of his army. It is not customary to recognize an heir-apparent, and the young men of the Siem family pursue the ordinary avocations of a Khasi, not comporting themselves in the least like scions of royalty. In quite recent years there have been instances of Siems having been summoned, like the Roman Cincinnatus, from quite humble positions, to undertake the duties of chief. We will now turn to an examination of the systems in the different Siemships. In the Kyrim or Nongkrem State there is a spiritual head, i.e. a High Priestess, _Ka Siem Sad_, who is responsible for the due performance of the State religious ceremonies, although, as already stated, the Siem also performs some of these duties. The temporal power here is delegated by the High Priestess to a Siem, who is her son or her nephew, or occasionally some more distant male descendant. It is the duty of an official called a _lyngskor_, who is the official spokesman of the Siem's _durbar_, to propose a new Siem to the six _lyngdohs_, or priests, and to the heads of the twenty-four _mantri_ clans. The latter then decide in _durbar_ whether the proposed Siem should be appointed. In the event of their disapproving of the _lyngskor's_ nominations they proceed to elect another Siem. The High Priestess is appointed by the above electors, the order of succession to the post wing as follows:--She is succeeded by her eldest surviving daughter; failing daughters, by the eldest daughter of her eldest daughter; failing daughters of her eldest daughter; by the eldest daughter of her second daughter, and so on. If there are no daughters or grand-daughters, as above, she is succeeded by her eldest sister. In the absence of sisters, she is succeeded by the eldest daughter of her mother's eldest sister, and so on. In this State the tradition runs that the first High Priestess was Ka Pah Syntiew, i.e. the flower-lured one. Ka Pah Syntiew was a beautiful maiden who had as her abode a cave at Marai, near Nongkrem, whence she was enticed by a man of the Mylliem-ngap clan by means of a flower. She was taken by him to be his bride, and she became not only the first High Priestess, but also the mother of the Siems of Nongkrem. [20] In Nongkrem the electors may disqualify the first, or any, heir to the Siemship for sufficient reason according to the Khasi religion and custom, such as bad character, physical disability, change of religion, etc. If the first heir be disqualified, the next in order must be appointed Siem, unless he be disqualified, and so on. In this State there are six divisions, each of which is known as a _raj_. In each _raj_ there is a _durbar_, to which are submitted for approval the elections of the heads of the _mantri_ clans. These elections are subject to the approval of the Siem. The Siem, sitting with the _durbar_ of the _raj_ concerned, may dismiss a _lyngdoh, lyngskor_, or _mantri_, for bad conduct, or on account of physical disability, in which case another _lyngdoh_, _lyngskor_, or _mantri_ would be appointed, as stated above. The Mylliem State originally formed a portion of the Nongkrem State, but owing to a quarrel between one of the Siems and his nephew there was a partition. In this State the electors are the heads of five _mantri_ clans, eleven _matabors_, or heads of clans, and certain _basans_, and other heads of clans. A majority of the electors is sufficient for the election of a Siem. A Siem is succeeded by the eldest of his uterine brothers; failing such brothers, by the eldest of his sisters' sons; failing such nephews, by the eldest of the sons of his sisters daughters; failing such grandnephews, by the eldest of the sons of his mother's sisters; and, failing such first cousins, by the eldest of his male cousins on the female side, other than first cousins, those nearest in degree of relationship having prior claim. If there were no heirs male, as above, he would be succeeded by the eldest of his uterine sisters; in the absence of such sisters, by the eldest of his sisters' daughters: failing such nieces, by the eldest of the daughters of his sisters' daughters; failing such grand-nieces, by the eldest of the daughters of his mother's sisters; and failing such first cousins, by the eldest of his female cousins on the female side, other than first cousins, those nearest in degree of relationship having prior claim. A female Siem would be succeeded by her eldest son, and so on. As in the Khyrim State, the first, or any other subsequent heir, may be disqualified by the electors for sufficient reason. An elector is succeeded by the eldest of his brothers; failing brothers, by the eldest of the sons of his sisters, and so on. An elector can be dismissed by the Siem, but only for good cause and with the consent of his _durbar_.

In the Nongstoin State there is a tradition that the first Siem originally came from Simsong [21] Durgapur. The name, Sushong Durgapur, of the place at the foot of the Garo Hills in the Mymensing district, may be a corruption of the former. The Siems are supposed to be descended from a stag, possibly a relic of totemism in this family. In this State there is a large electoral durbar consisting of 2 _mantris_, 31 _lyngdohs_, 25 _sirdars_, 1 _lyngskor_, and 1 _basan_. The _lyndohs_ are the heads of the priestly clans, by whom they are chosen. The sirdars of villages are appointed by the Siem in conjunction with the adult males of the different villages. There are two _lyngskors_ and two _basans_ in the State, but one _lyngskor_ and one _basan_ only at present are members of the durbar which nominates the Siem. A _lyngskor_ is the Siem's agent for the purpose of governing a collection of villages. He is appointed by the Siem with the consent of the adult males of the villages which he is to supervise. The Siem family of Nongkhlaw, or Khadsawphra, is believed to have been founded by a Synteng of the name of U Shajer, who left the Jowai hills with his sister, Ka Shaphlong, because she had failed to obtain her share of the family property in Jaintia. This man is said to have purchased certain lands in Bardwar in Kamrup. Apparently he did not obtain possession of this estate, for he came up into the Khasi Hills, and finding there certain villages without a ruler, he, at the wish of the _lyngdohs_ of these villages, consolidated them into a state over which he ruled as a Siem. He was succeeded by his sister's son, U Syntiew who further extended his territories until he obtained possession of other villages. U Syntiew is said to have delegated a portion of his powers to his two sisters, Ka Jem and Ka Sanglar, who ruled at Sohiong and Nongkhlaw respectively. Succeeding rulers further extended the Nongkhlaw territory. In 1829, U Tirut Singh rebelled against the East India Company and carried on for four years a successful guerilla warfare. He was finally captured, and was imprisoned for life by the British Government. According to the statement of Raja Kine Singh, it would seem that formerly the heads of five clans had the right to appoint the Siem, i.e. the heads of 3 _lyngdoh_ clans and of the Jaid Dykhar, and Diengdoh clans. In the Cherra State the electors are the male adults of the State, who are represented on the State durbar by the _mantris_ of the 12 aristocratic clans, known as the _khadar kur_, and certain representative elders. This State is divided for electoral purposes into the following divisions:--

I. Cherra, or Sohra, consisting of 8 villages, inclusive of Cherra, which is the capital. These villages return the heads of the 12 tribes, as well as 5 elders, as their representativee on the electoral durbar.

II. The "five" villages, or 5 tribes. This division now consists of 17 villages, which return 5 representative elders.

III. The "twelve" villages, comprising now 38 villages, which return 12 representative elders.

IV. The "four" villages, comprising now 5 villages, which return 4 elders.

V. The "sixteen" villages, which return 6 representative elders.

VI. Three villages, which return 3 and 4 sirdars and 2 elders respectively.

In this State it is the custom for a Siem to cremate the body of his predecessor. Unless he performs the cremation ceremony, he is not considered to be Siem according to the Khasi religion. U Hajon Manik Siem failed to cremate the body of his predecessor, U Ram Singh whose remains still repose in a wooden coffin which is kept in the house of the Siem family. The remains of Siems in this state are preserved by a peculiar process of embalming which will be found described elsewhere in this monograph. U Hajan Manik died not long ago, and his body also is awaiting cremation. U Ram Singh's remains, however, have been awaiting the funeral pyre for more than thirty years; but arrangements are being made by the present Siam U Roba Singh for the cremation ceremony. The cremation of Siems in the state is attended by a very great deal of expense, a large amount of money being spent on the feasting which then takes place. The Maharam State was ruled until 1875 by two Siems, called, respectively, the "white" and the "black" Siems. In this State originally there were five _lyngdohs_ who appointed the Siems, but as in certain other States the number of the electors has been expanded by the inclusion of _mantris_, _sirdars_, and _basans_. The electors now number seventy-two persons. There is much the same state of things in the Mariaw Siemship as regards the electorate. In Rambrai, on a vacancy occurring in the Siemship, three _lyngdohs_ and two _mantris_ assemble and decide who is to be Siem. They then summon the sirdars of villages to meet them in _durbar_ and obtain the approval of the latter to their nomination. If the sirdars do not approve, the combined durbar than decides who is to become Siem. In Nongspung there is a tradition that two sisters, Ka Jah and Ka Jem, came to the village of Nongspung, which was then ruled by two _lyngdohs_, and that the latter, having ascertained that the two sisters were of royal birth, married them. They then travelled to other villages and obtained the consent of the _lyngdohs_ of these villages to the formation of all their villages into a State, of which Nongspung became the capital, and over which U Sngi Shaflong, the son of Ka Jem, was appointed Siem by the five principal _lyngdohs_. After some generations the lyngdoh of Mairang with his villages became subject to the Siem of Nongkhlaw, an event which finds mention in the annals of the Nongkhlaw State as the conquest of the territory of the "Black" Siem of Nongspung. Another _lyngdoh_ was appointed in place of the one whose territory had been thus annexed.

In the Mawiong State the ancient custom was that six _basans_ appointed the Siem, subject to the approval of the people of the Siemship. In the Nobosohpoh State there are two Siem families, the "Black" and the "White" from either of which it has apparently been the custom for the people to select a Siem, as they wished. In Mawsynram the electors of the Siem are the heads of the four principal clans in the State. On a recent occasion, the electors being equally divided regarding the appointment of a Siem, it was necessary to appeal to the people of the State. In Langrin there are, as in Maharam and Nobosohpoh, two main branches of the Siem family, i.e. the "Black" and the "White" Siems. Here there is no special electoral body; all the adults of the state have the right to vote at the election of a Siem. In Bhawal State Siems are appointed by the heads of eight clans whose decision is apparently final, provided that it is unanimous. In Malai-Sohmat a bare majority of the heads of six clans would be sufficient for the election of a Siem. Presumably both in Bhawal and Malai-Sohmat, if the electors were equally divided, there would be an appeal to the people. Mention has been made above of States over which _lyngdohs_ possess temporal as well as spiritual powers. The States of Sobiong, Mawphlang, and Lyniong may be quoted as examples. Here the _lyngdoh_ is elected from the _lyngdoh_ clan by all the adult males of the state. Some small States, such as Maodon and Pomsanngut, are presided over by Sirdars, a name which has probably been introduced during the British era of supremacy in these hills. The Sirdar is elected by the adult males of the State. In Mawlong there are a Sirdar, a _lyngdoh_, and a _doloi_ who govern the State. These two latter officials are elected by the people as in the case of Sirdars. In the Shella Confederacy there are four officials who are styled _Wahadadars_, the name being probably a corruption of the Persian _'uhda-dar_. [22] These officials are elected for periods of three years each by the people.

The Jaintia Hills, which are British territory, are divided up into twenty doloiships, the doloi being an officer elected by the people, the Government reserving the right of approval or the reverse to the doloi's appointment. The dolois, under the rules for the administration of justice in the Khasi and Jaintia Hills, as well as the Sirdars of the British villages in the Khasi Hills, possess certain judicial powers. They are assisted by officials known as _pators, basans_, and _sangots_ in the performance of their duties. This administration, on the whole, works well, and its success shows the wisdom of the Government in having made use of the indigenous agency it found to hand when the Jaintia territory was annexed. In the Jaintia Hills there are also three Sirdarships, the office being filled by election as in the case of dolois.

In conclusion it should be stated that it has been attempted here to give but a brief _résumé_ of the Khasi political system as it exists at the present time. The above account of the procedure at elections is based on existing usage. The procedure should not, however, be regarded as stereotyped, for it will no doubt be open to such revision as may on occasion be suggested by the legitimate evolution of tribal customs.

Marriage.

It is proposed in this section to consider marriage from its social side, the religious aspect thereof being reserved for another paragraph. 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, and not for him to take his bride home, as is the case in other communities. This arrangement amongst the Khasis is no doubt due to the prevalence of the matriarchate. As long as the wife lives in her mother's house, all her earnings go to her mother, who expends them on the maintenance of the family. Amongst the Khasis, after one or two children are born, and if a married couple get on well together, the husband frequently removes his wife and family to a house of his own, and from the time the wife leaves her mother's house she and her husband pool their earnings, which are expended for the support of the family. Amongst the Syntengs, however, and the people of Maoshai, the case is different, for with them the husband does not go and live in his mother-in-law's house, he only visits her there. In Jowai some people admitted to me that the husband came to his mother-in-law's house only after dark, and that he did not eat, smoke, or even partake of betel-nut there, the idea being that because none of his earnings go to support this house, therefore it is not etiquette for him to partake of food or other refreshment there. If a Synteng house is visited, it is unusual to find the husbands of any of the married daughters there, although the sons of the family may be seen in the house when they have returned from work. Generally in the day-time you will find in a Synteng dwelling an old crone, who is the grandmother, or even the great-grandmother, of the family, also grandchildren or great-grandchildren; but the husbands of the married daughters are not there. The Syntengs seem to have more closely preserved the customs of the matriarchate than the Khasis, and the Syntengs claim that their _niam_ or religious ceremonies are purer, i.e. that they more closely correspond to what they were in ancient times than those of the Khasis. Amongst the Syntengs, occasionally, a widow is allowed to keep her husband's bones after his death, on condition that she does not remarry; the idea being that as long as the bones remain in the widow's keeping, the spirit of her husband is still with her. On this account many wives who revere their husband's memories, and who do not contemplate remarriage, purposely keep the bones for a long time. If a widow marries, even after the customary taboo period of one year, whilst her deceased husband's bones are still in her keeping, she is generally looked down upon. Her children in such a case perform the ceremony of handing over the bones of their father to his clan in a building specially erected for the purpose. The widow cannot enter therein, or even go near it, whilst the ceremony is proceeding, no matter whether the _jing sang_, or the price for removing the taboo after a husband's death, has been paid to the husband's clan or not. There is no evidence to show that polyandry ever existed amongst the Khasis. Unlike the Thibetans, the Khasi women seem to have contented themselves always with one husband, at any rate with one at a time. Certainly at the present day they are monandrists. Polygamy does not exist amongst the Khasis; such a practice would naturally not be in vogue amongst a people who observe the matriarchate. There are instances, however, of men having wives other than those they have regularly married, and in the Wár country children by such wives enjoy rights to their father's acquired property equally with the children by the legally married wife. As the clans are strictly exogamous, a Khasi cannot take a wife from his own clan; to do this would entail the most disastrous religious, as well as social consequences. For to marry within the clan is the greatest sin a Khasi can commit, and would cause excommunication by his kinsfolk and the refusal of funeral ceremonies at death, and his bones would not be allowed a resting-place in the sepulchre of the clan. To give a list of all the Khasi exogamous clans would perhaps serve no useful purpose, but I have prepared from information, kindly furnished me by the Siems of Khyrim and Cherrapunji, a list of the clans in those States which will be found in Appendices A and B. These will suffice as examples. It will be seen from the Cherra list that the different divisions of the Diengdoh clan, viz. Lalu, Diengdoh-bah, Diengdoh-kylla, are prohibited from intermarriage; this is due to those branches of the clan being descended from a common ancestress. There are other instances of clans being connected with one another, such connection being called by the Khasis _iateh kur_. Whenever such connection exists, intermarriage is strictly prohibited, and is considered to be _sang_. There is no custom of hypergamy. A Khasi cannot marry his maternal uncle's daughter during the lifetime of the maternal uncle. This is probably due to the fact that the maternal uncle, or _kni_, in a Khasi household is regarded more in the light of a father than of an uncle. His children, however, would belong to the clan of his wife, and there would, therefore, in ordinary cases be no bar to the nephew marrying one of them. Marriage with the daughters of a father's sister is not allowed during the lifetime of the father, but after the latter's death there is no religious ban, although such unions are looked upon with disfavour by the Khasis. In the Wár country, however, such marriages are totally prohibited. A Khasi cannot marry two sisters, but he can marry his deceased wife's sister after the expiry of one year from the wife's death, on payment of _jing sang_ (price of _sang_, or taboo) to the wife's clan. A Khasi cannot marry the daughter of his father's brother, she is his _para kha_ (lit. birth sister). Similarly he cannot marry the daughter of his father's paternal uncle. He can, however, marry the daughter of his mother's brother, provided that the brother is dead. This somewhat paradoxical state of affairs is explained by the fact that the children of the mother's brother belong to a different clan to that of the mother, i.e. to the mother's brother's wife's clan. The Khasi, Synteng, Wár, and Lynngam divisions are not strictly endogamous groups, and there is nothing to prevent intermarriage between them. For instance, it has been the custom in the Nongkhlaw Siem family to obtain husbands for the princesses of the state from the Wár country. There is no custom amongst the Khasis of two men exchanging daughters, i.e. each marrying his son to the other's daughter. Notwithstanding the existence of the matriarchate, and the fact that all ancestral property is vested in the mother, it would be a mistake to suppose that the father is a nobody in the Khasi house. It is true that the _kni_, or mother's elder brother, is the head of the house, but the father is the executive head of the new home, where, after children have been born to him, his wife and children live with him. It is he who faces the dangers of the jungles, and risks his life for wife and children. In his wife's clan he occupies a very high place, he is second to none but _u kni_, the maternal uncle, while in his own family circle a father and husband is nearer to his children and his wife than _u kni_. The Khasi saying is, "_u kpa uba lah ban iai, u kni uba tang ha ka iap ka im_," which may be translated freely as, "the father bears the heat and burden of the day, the maternal uncle only comes when it is a question of life or death." The Khasi father is revered not only when living, but also after death as _U Thawlang_, and special ceremonies are performed to propitiate his shade. Further remarks on the subject of marriage will be found in the Section which deals with religion.

Divorce.

Divorce amongst the Khasis is common, and may occur for a variety of reasons, such as adultery, barrenness, incompatibility of temperament, &c. The rule amongst the Khasis is that both parties must agree, but amongst the Wárs, especially the people of Shella, the party who divorces the other without his or her consent must pay compensation, which is called _ka mynrain_, or _ka thnem_. Amongst the Khasis it is not the custom to enforce restitution of conjugal rights; as a rule, when husband and wife cannot live together amicably, they agree to divorce one another; but occasionally it happens that either the husband or the wife will not agree to a divorce. Usually the husband would be willing to live with his wife; but when the latter consents neither to live with her husband nor to accept a divorce, a difficult situation arises, and it is in the event of such a contingency happening that the necessity of assessing _ka mynrain_, or _ka thnem_ (compensation), occurs. The latter is computed by the village elders. Parties who have been divorced cannot afterwards remarry one another, but they are at liberty to marry into other families. A woman cannot be divorced during pregnancy. The following description of the divorce ceremony is taken from U Jeebon Roy's note on the Khasi religion. If the marriage has been celebrated according to the _pynhiar synjat_ rite, a _ksiang_ (go-between) is necessary on each side, also the _kni_, or maternal uncles of the parties, to witness the divorce. In other cases the presence of the _ksiang_ is unnecessary, but some acquaintances and friends as well as the relatives on both sides should witness the ceremony. The husband and the wife each bring five cowries (_sbài_), or, more commonly nowadays, five pice. The wife gives her five cowries or pice to her husband, who places them with his, and then returns the five cowries or coins to his wife, together with his own five. The wife then returns the ten shells or coins to the husband who throws them on the ground. A crier (_u nong pyria shnong_) then goes round the village to proclaim the divorce, using the following words:--"Kaw--hear, oh villagers, that U----, and K---- have become separated in the presence of the elders. Hei: thou, oh, young man, canst go and make love to Ka---- for she is now unmarried (_khynraw_), and thou, oh, spinster, canst make love to U----. Hei! there is no let or hindrance from henceforth." Among the Khasis divorce must be by mutual consent, and the ceremony must take place in the open air. Until the divorce ceremony has been performed as above described, neither husband nor wife can marry again, but after it has taken place, either can remarry, but not within the family of the divorced husband or wife. In the event of a husband or wife being absent for a long period, say ten years, without any communication having been received from either of them, a divorce ceremony is performed by the relatives on his or her behalf. It is stated by U Jeebon Roy [23] that the rule of monogamy is not so strict for the husband as it is for the wife, he can contract an informal alliance with another woman, the only prohibition being that she must not belong to the original wife's village. Such a wife is called _ka tynga tuk_, literally, stolen wife, in contradistinction to the legally married wife (_ka tynga trai_). The children by the unmarried wife are called _ki khum kliar_ (children from the top). By children from the top, is understood to mean children from the branches not from the root (_trai_) of the tree. Such children cannot claim ancestral property, except in the Wár country. In the event of a divorce the mother is always allowed the custody of the children. Divorces amongst both Khasis and Syntengs are of common occurrence, the result being that the children in many cases are ignorant of even the names of their fathers. For the mother, on the other hand, the children cherish a very strong affection, all their sympathies and affections binding them closely to the mother's kin. Divorce amongst the Syntengs, though resting on the same principle as that of the Khasis, differs in detail, and must be described separately. It is as follows:--In the first place it is not necessary for both husband and wife to be consenting parties, as is the case with the Khasis. In the Nongkhlih doloiship divorce takes place before the relatives of the parties. The man has to give eight annas as a sign of the divorce, and clothes worth Rs. 3/- or Rs. 5/- to the wife. There is a similar custom in the Suhtnga and Amwi doloiships. In the Jowai doloiship the divorce takes place in the presence of a village official called _U basan_. The husband or the wife gives the _basan_ an eight anna piece, the latter gives this either to the wife or to the husband, as the case may be. The _basan's_ share of the eight annas is two pice, the remainder being spent on liquor. The _basan_ is entitled to a further fee of one anna from the man. If a wife does not agree to accept divorce, she is entitled to receive two pieces of cloth from the husband to the value of Rs. 3/-. This compensation is called _thnem_. The divorce then takes place. If a wife wishes to divorce her husband, and the latter is unwilling, before she can obtain divorce, she must pay _thnem_ to the value of the whole amount the husband has spent on her and her children during the marriage. Divorce customs in Nartiang and Nongjinghi doloiships are much the same, only the amounts tendered by the parties and that of compensation differing.

In conclusion it should be stated that the great drawback attaching to divorce in ordinary communities, i.e. the effect that it has on the lives of the children of the marriage, does not apply to the Khasis, for with them the children always live with their mother and their mother's family, which latter would be bound to maintain them in the event of a divorce.

Inheritance.

The Khasi and Synteng laws of inheritance are practically the same, although in some of the doloiships in the Jaintia Hills there are some slight differences. The War law of inheritance differs greatly from that of the Khasis, and the customs of the Bhois or Mikirs, who inhabit the Bhoi doloiship of the Jaintia Hills, are totally different from those of the Khasis, thereby supplying another link in the chain of evidence in support of the conclusion that the Bhois, or, more correctly speaking, the Mikirs, are of Bodo origin, and not Khasi or Mon-Anam. The Lynngams follow the Khasi law of inheritance. It will be convenient to describe the Khasi law first, and then to pass on to the special customs in vogue in the different doloiships in the Jaintia Hills, and, finally, to describe the Wár, Bhoi and Lynngam customs.

The Khasi saying is, "_long jaid na loa kynthei_" (from the woman sprang the clan). The Khasis, when reckoning descent; count from the mother only; they speak of a family of brothers and sisters, who are the great grandchildren of one great grandmother, as _shi kpoh_, which, being literally translated, is one womb; i.e. the issue of one womb. The man is nobody. If he is a brother, _u kur_, a brother being taken to mean an uterine brother, or a cousin-german, he will be lost to the family or clan directly he marries. If he be a husband, he is looked upon merely as a _u shong kha_, a begetter. In some of the War villages a newly married man is spoken of by the bride's family as, "_u khun ki briew_," some one else's son. It is, perhaps, somewhat of a paradox under the circumstances that wives should address their husbands as "_kynrad_," or lord. There is, however, no gainsaying the fact that the husband, at least in theory, is a stranger in his wife's home, and it is certain that he can take no part in the rites and ceremonies of his wife's family, and that his ashes after death can find no place within the wife's family tomb, except, in certain cases, amongst the Syntengs. Further, the ceremonial religion amongst Khasis, especially that of the home, is in the hands of the women. It is, therefore, perhaps not to be wondered at, considering the important status assigned to women by the Khasis, that women should inherit the property and not men. The rule amongst the Khasis is that the youngest daughter "holds" the religion, "_ka bat ka niam_." Her house is called, "_ka iing seng_" and it is here that the members of the family assemble to witness her performance of the family ceremonies. Hers is, therefore, the largest share of the family property, because it is she whose duty it is to perform the family ceremonies, and propitiate the family ancestors. The other daughters, however, on their mother's death are entitled, each of them; to a share of their mother's property, although the youngest daughter gets the lion's share, e.g. the family jewellery, and the family house, and the greater part of what it contains. The youngest daughter cannot dispose of the house without the unanimous consent of her sisters. If the youngest daughter dies, she is succeeded by the next youngest daughter, and so on. All the daughters are bound to repair the house of the youngest daughter free of cost. In the event of the youngest daughter changing her religion, or committing an act of _sang_, or taboo, she loses her position in the family, and is succeeded, by her next youngest sister, as in the case of a death. Failing daughters, inheritance would pass by the "knight's move" to the sister's youngest daughter, who would be succeeded by her youngest daughter, and so on. Failing sister's daughters succession would revert to the mother's sisters and their female descendants. In the Jaintia Hills the inheritance of all real property passes from mother to youngest daughter. No man in the uplands of the Jaintia Hills can possess landed property, unless it is self-acquired property. In the Jaintia Hills, if a man dies and leaves acquired property, his heir will be his mother, if alive, excluding wife, sons, and daughters. If the wife, however, undertakes not to re-marry, she will inherit half of her husband's property, which at her death will descend to her youngest daughter by him.

Amongst Khasis all property which has been acquired by a man before marriage is considered to belong to his mother; indeed it may be said to belong to the man's _kur_, or clan, such property being called by Khasis, "_ka mai iing kur_" (the earnings of the house of the clan). After marriage, if there are children, the case is different, provided that the property has been acquired by the man after marriage. Here the wife and children would inherit the acquired property, the youngest daughter obtaining the largest share of such property on the death of the wife. If there were no daughter, the acquired property would be equally divided amongst the sons.

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The KhasisChapter III: Laws and Customs (1)

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