The Meghalaya High Court has admitted a Public Interest Litigation (PIL) challenging the state’s policy on issuing Scheduled Tribe (ST) certificates to members of the Khasi community, particularly concerning the adoption of surnames by Khasi individuals and non-Khasi women married to Khasi men. The PIL, filed by the society Syngkhong Rympei Thymmai (SRT), questions the Social Welfare Department’s reversal of its 2020 stance that allowed flexibility in surname usage under the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997.
⚖️ PIL Highlights: Surname Choice and ST Eligibility
The petition, admitted by a division bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh, raises concerns over:
- The May 21, 2024 withdrawal of a 2020 notification that permitted ST certificates for Khasis using either maternal or paternal surnames, and for non-Khasi wives adopting their Khasi husband’s surname
- The alleged suspension of ST certificate issuance following the policy reversal
- The impact on Khasi identity and rights under the Sixth Schedule of the Constitution
“We 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 the Tribe Certificate,” the bench observed.
📜 Legal Framework Under Scrutiny
The court is examining key provisions of the Khasi Social Custom of Lineage Act, 1997, including:
- Section 2(h): Definition of a Khasi
- Section 3: Recognition of progeny where either or both parents are Khasi
- Section 5: Procedure for registration and issuance of Khasi Tribe certificates
The bench has directed the District Council Affairs (DCA) Department to submit a detailed report on its stance regarding surname-based eligibility for ST certification.
🧠 Cultural and Constitutional Context
The case touches on the matrilineal structure of Khasi society and the autonomous powers granted to tribal councils under the Sixth Schedule. The outcome could have far-reaching implications for:
- Tribal identity documentation
- Women’s rights in inter-community marriages
- Policy consistency in tribal welfare administration
The next hearing is scheduled for July 23, 2025.
Stay tuned for developments from the July hearing.
