Meghalaya High Court Issues Notice On PIL Concerning Tribal Certificates For Khasi Community
The Meghalaya High Court on Friday (June 27) asked the District Council Affairs Department of the State, to file a report 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 division bench of the Chief Justice I.P. Mukerji and Justice...
The Meghalaya High Court on Friday (June 27) asked the District Council Affairs Department of the State, to file a report 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 division bench of the Chief Justice I.P. Mukerji and Justice W. Diengdoh admitted a PIL filed by Syngkhong Rympei Thymmai, a registered Society under the Meghalaya Societies Registration Act XII of 1983, concerning issuance of Scheduled Tribe certificates by the Social Welfare Department.
The Court noted as follows:
“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'.”
It was observed by the Court that under Articles 244(2) and 275(1) of the Constitution of India, the Sixth Schedule has been grafted thereto giving special status and rights to the scheduled tribes in specified areas of the country which includes Meghalaya.
The core issue, which was highlighted by the Counsel for the petitioner, was concerning the issuance of Scheduled Tribe certificates by the Social Welfare Department.
On July 21, 2020, the Department 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 mother and the practice of adopting husband surnames by non-khasi wife.”
By a subsequent communication dated 21st May, 2024, the Social Welfare Department withdrew the July 21, 2020 letter, including the decision contained therein.
It was submitted by the petitioner's Counsel that as a result of the said 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 Court observed.
The Court directed the Council Affairs Department to 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 matter is listed again on July 23.
Case Title: Syngkhong Rympei Thymmai v. The State of Meghalaya & Ors.
Case No.: PIL No. 5 of 2025