Guwahati: The Meghalaya High Court has admitted a Public Interest Litigation (PIL) that challenges the state’s policy on issuing Scheduled Tribe (ST) certificates to Khasi individuals and non-Khasi women marrying Khasi men, particularly concerning their choice of surnames.
Syngkhong Rympei Thymmai, a registered society, filed the PIL through its general secretary, Armour Lyngdoh.
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The petition brings into focus the recent changes in the Social Welfare Department’s stance on surname adoption and its impact on the issuance of ST certificates.
A division bench, comprising Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh, acknowledged that the unique matriarchal structure of Khasi society deeply roots itself in custom and tradition.
The bench also cited the special status and rights granted to Scheduled Tribes in specified areas, including Meghalaya, under the Sixth Schedule of the Indian Constitution (Articles 244(2) and 275(1)).
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“Khasis are a major tribe in this region, and the Sixth Schedule empowers District and Regional Councils to legislate on matters concerning these tribes, ” the bench stated.
The central concern raised by the petitioner’s counsel on Friday revolves around the Social Welfare Department’s fluctuating policies regarding ST certificate issuance.
The issue stems from a July 21, 2020 notification by the Social Welfare Department. This notification, based on advice from the District Council Affairs Department, stated that the Lineage Act, 1997, did not prohibit the issuance of ST certificates to applicants adopting “surnames of either from the father or the mother and the practice of adopting husband’s surnames by non-Khasi wife.”
However, in a subsequent communication dated May 21, 2024, the same Social Welfare Department withdrew its 2020 letter and the decision contained within it.
According to the petitioner’s counsel, this withdrawal has led to the stoppage of ST certificate issuance to Khasis by the government.
The High Court bench meticulously examined the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997.
They noted that the Act applies to all Khasis in the Khasi Hills district. Section 2(h) defines ‘Khasi,’ while Section 3 categorizes progeny where both or either of the parents are Khasi. Section 5 of the Act provides for the registration and grant of a Khasi tribe certificate.
The bench expressed its intent to understand how a person’s choice to adopt a mother’s or father’s surname could alter the authority’s obligation under the said Act to register a Khasi and grant them a “Tribe Certificate.”
Admitting the PIL, the High Court has directed the petitioner to serve copies of the petition to all respondents, excluding the state government.
Furthermore, the bench has directed the District Council Affairs Department to file a report with the Court on the next hearing date. This report will detail the department’s views on, or practices pertaining to, the issuance of ST certificates to Khasi individuals who choose surnames from either their father or mother, as well as to women who adopt their husbands’ surnames in Meghalaya.