SHILLONG, April 26: The decision of the Khasi Hills Autonomous District Council (KHADC) not to issue Scheduled tribe certificates to Khasis using their father’s surname instead of their mother’s has run into rough weather with the Synkhong Rympei Thymmai contemplating to go to court on the matter.
The Synkhong Rympei Thymmai is as organisation that seeks to change the age-old matrilineal tradition of the Khasis into a patrilineal one.
“We will have to move the court if the issuing authority declines to give ST certificates to those who carry their father’s surname,” SRT president Teibor Khongjee told reporters on Thursday.
Khongjee said they have already taken legal advice from four lawyers on this matter.
The SRT said the Social Welfare Department in a 2020 notification had clearly mentioned that a Khasi who carries his or her father’s surname is entitled to ST status and certificates if they meet other criteria.
Khongjee stated that he had filed a Right to Information (RTI) request to the Deputy Commissioner of East Khasi Hills if there are any provisions of the law to deny ST status to the Khasis who use their father’s surname.
The DC’s office responded that it is not required for a person who has adopted his or her father’s surname to first obtain a no-objection certificate (NOC) from the relevant Seng Kur, he said.
The Seng Kur is not constitutionally empowered to issue clan certificates, Khongjee said citing the RTI reply.
The offices of the DCs in East Khasi Hills, West Khasi Hills, and South West Khasi Hills are not issuing ST certificates to children born of Khasi parents (Khasi father and Khasi mother) just because they choose to take their father’s clan, the SRT claimed.
Khongjee said they are struggling to ensure that Khasis who carry their father’s surname are not denied the ST certificate.
Taking strong exception to the remarks of KHADC chief executive member, Titosstarwell Chyne that the ST certificates should not be issued to Khasis who take their father’s surname, Khongjee said there is no room for the district council to question the order issued by the Social Welfare Department anymore.
He also said the KHADC has directed the traditional chiefs or Rangbah Shnongs to stop issuing Khasi tribe certificates to those children in accordance with Sections 3 and 12 of the Khasi Hills Autonomous District Khasi Customs Social Lineage Act, 1997.
“The government has already given the order and only the implementation part remains. The DCs who issue SC certificates should comply with the order or otherwise, it will be contempt,” the SRT president said.
He claimed they are legally strong in view of the government order.
“Furthermore, if the issuing authorities continue to show contempt, we will be left with no option other than to take legal action against them,” Khongjee said.
SRT adviser, Keith Pariat said the KHADC is trying to impose the age-old traditional custom which has been in practice for hundreds of years.
“But are these traditional customs still relevant in this modern day? Why should we accept our traditional customs blindly? Anything irrelevant must be done away with,” he said.
He asked whether the children of Khasi parents or a Khasi mother and a non-tribal father deserve to get the ST status. “I think the ones who use their Khasi father’s surname deserve the status,” he said.
Chyne has been batting for the preservation and protection of the age-old matrilineal tradition of the Khasi tribe where children adopt their mother’s surname.
“This practice of the Khasi matrilineal system was passed on to us by our forefathers. Any practice which is an attempt to deviate from this system will create more confusion,” he said.
At the same time, he said any Khasi woman who marries a non-Khasi needs to get the Khasi tribe certificate to apply for the ST certificate for her children.
“Obtaining the Khasi tribe certificate is mandatory if they want to apply for the ST certificate,” he said.
Defending the recent statement of KHADC Executive Member in charge of Elaka, Jambor War that a Khasi tribe certificate should not be issued to people adopting their father’s surname, Chyne said it is clear that children take their mother’s surname in the Khasi matrilineal system and that should be maintained. “So, the question of issuing the Khasi tribe certificate to those using their father’s surname does not arise,” he said.
Earlier, War had directed all traditional Khasi village chiefs to strictly follow the customary norms of issuing tribal certificates to only those using their mother’s surname.
He had said the move was aimed at strengthening the matrilineal system practiced by the Khasis. “We directed the traditional village chiefs to issue tribal certificates according to Sections 3 and 12 of the Khasi Hills Autonomous District Khasi Social Custom of Lineage Act, 1997, which says only those following our custom of using their mother’s surname will be identified as a Khasi,” War had stated.
