SHILLONG, June 27: The High Court of Meghalaya has admitted a PIL pertaining to issuance of Scheduled Tribe certificates to Khasis opting for surnames of their father or mother and to non-Khasi women who choose to adopt the surname of their Khasi husbands.
The PIL was filed by Syngkhong Rympei Thymmai, a registered Society under the Meghalaya Societies Registration Act XII of 1983, through its general secretary Armour Lyngdoh.
A division bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh in an order said the structure of the society, comprising members of the Khasi tribe, is by custom and tradition matriarchal. The bench said under Articles 244(2) and 275(1) of the Constitution of India, the Sixth Schedule has been grafted, giving special status and rights to the scheduled tribes in specified areas of the country including Meghalaya.
“Khasis are one of the major tribes in this region. This Schedule, inter alia, provides for District and Regional Councils with power to legislate on subject-matters involving these tribes,” the bench said.
The core issue highlighted by the counsel for the petitioner on Friday concerned issuance of Scheduled Tribe certificates by the Social Welfare Department.
On July 21, 2020, it notified the Deputy Commissioner, East Khasi Hills district by endorsing the advice received from the District Council Affairs Department that the Lineage Act, 1997 did not prohibit the issuance of Scheduled Tribe certificates to those applicants who were adopting “surnames of either from the father or the mother and the practice of adopting husband’s surnames by non-Khasi wife.”
The bench said by a subsequent communication dated 21st May, 2024, the same Social Welfare Department withdrew the 21st July, 2020 letter, including the decision contained therein.
The counsel for the petitioner submitted that as a result of this communication, issuance of Scheduled Tribe certificates to Khasis has been stopped by the government.
“We have seen the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997. It applies to all Khasis in Khasi Hills district. In Section 2(h) ‘Khasi’ is defined and in Section 3 where both the parents are Khasi or either of the parents is a Khasi, the offspring is also a Khasi but each type of progeny is differently categorised and described under the Section. Section 5 provides for registration and grant of Khasi tribe certificate,” the bench said.
The bench further said it would like to understand how the option of a person to adopt the surname of one’s mother or father could change the obligation of the authority under the said Act to register a Khasi and grant him or her “Tribe Certificate.”
Admitting the PIL, the bench directed the petitioner to serve copies of the petition on all the respondents except the state government which was represented by a counsel.
“On the returnable date, the District Council Affairs Department shall file a report in this Court pertaining to issuance of or its views on issuance of Scheduled Tribe certificates to Khasis opting for surnames of their father or mother and to women who choose to adopt the surname of their husbands,” the bench further directed.
