PIL on ST certificates: HC adds group as respondents

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By Our Reporter

SHILLONG, Nov 13: The High Court of Meghalaya has allowed the addition of Ka Seng Khihlang Shillong as a party in the 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 court’s order came after an application was filed by Ka Seng Khihlang Shillong in this regard.
It was submitted that the applicant is a necessary party as any decision in the PIL is likely to affect the custom and usage prevailing in Meghalaya with regard to the use of surname.
It was further stated that if the father’s title is given to the children as tried to be claimed in the PIL, the same may amount as a curse/forbidden/restricted to the family (clan) in Khasi terms as “Sang” (Taboo).
Since the counsel for the petitioner did not oppose the applicant’s prayer for impleadment, the court allowed the application for addition of Ka Seng Khihlang Shillong as a party as respondent No. 17 in the PIL.
It may be added that a group named Syngkhong Rymphei Thymmai (SRT) had filed the PIL challenging provisions within the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997, and a subsequent government decision that effectively stopped authorities from issuing ST certificates to individuals who choose to use their father’s or husband’s surname.
The petitioner argues that the choice of surname should not be a basis for denying a legitimate Khasi individual their ST certificate, provided they meet other criteria under the Act.

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