Meghalaya High Court Reviews ST Certificate Denial for Khasi Individuals

High Court Takes Up Public Interest Litigation

Shillong, June 29: The Meghalaya High Court has accepted a public interest litigation (PIL) concerning the refusal to issue Scheduled Tribe (ST) certificates to Khasi individuals who choose to use their father's or husband's surnames.

The petition was submitted by the Syngkhong Rympei Thymmai (SRT), a registered organization located in Laban, Shillong. The group raised concerns regarding the denial of ST certificates based on the adoption of paternal or marital surnames.

Upon admitting the petition, a division bench led by Chief Justice IP Mukerji and Justice W Diengdoh questioned how the selection of a surname could influence an individual's eligibility for an ST certificate under current legislation.

The PIL, presented by SRT’s general secretary, Armour Lyngdoh, referenced a recent government communication regarding tribal identity and rights as outlined in the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997.

In July 2020, the Social Welfare Department clarified that the choice of surname, whether maternal or paternal, would not disqualify anyone from obtaining an ST certificate. However, this advisory was retracted in May of this year.

The petitioner's attorney argued that since the advisory's withdrawal, officials have reportedly ceased issuing ST certificates to Khasi individuals who opt for their father's surname or women who take their husband's surname.

The Khasi, Jaintias, and Garos are the three indigenous tribes of Meghalaya, characterized by a matrilineal society where children typically adopt their mother's surname.

In response, the High Court instructed the District Council Affairs Department to provide a comprehensive report on its stance regarding the issuance of ST certificates to Khasis who choose to adopt their father's or husband's surname.

“We seek to comprehend how an individual's choice to adopt either their mother's or father's surname could alter the authority's obligation under the Act to register a Khasi and issue the Tribe Certificate,” the bench remarked.