Meghalaya High Court Issues Notice On PIL Concerning Tribal Certificates For Khasi Community
The Meghalaya Excessive Court docket on Friday (June 27) requested the District Council Affairs Division of the State, to file a report pertaining to issuance of or its views on issuance of Scheduled Tribe certificates to Khasis choosing surnames of their father or mom and to ladies who select to undertake 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 beneath the Meghalaya Societies Registration Act XII of 1983, regarding issuance of Scheduled Tribe certificates by the Social Welfare Division.
The Court docket famous as follows:
“We wish to perceive how the choice of an individual to undertake the surname of 1’s mom or father might change the duty of the authority beneath the stated Act to register a Khasi and grant her or him the ‘Tribe Certificates’.”
It was noticed by the Court docket that beneath Articles 244(2) and 275(1) of the Structure of India, the Sixth Schedule has been grafted thereto giving particular standing and rights to the scheduled tribes in specified areas of the nation which incorporates Meghalaya.
The core situation, which was highlighted by the Counsel for the petitioner, was in regards to the issuance of Scheduled Tribe certificates by the Social Welfare Division.
On July 21, 2020, the Division notified the Deputy Commissioner, East Khasi Hills District by endorsing the recommendation obtained from the District Council Affairs Division that the Lineage Act, 1997 didn’t prohibit the issuance of Scheduled Tribe certificates to these candidates who have been adopting “surnames of both from the daddy or mom and the apply of adopting husband surnames by non-khasi spouse.”
By a subsequent communication dated twenty first Might, 2024, the Social Welfare Division withdrew the July 21, 2020 letter, together with the choice contained therein.
It was submitted by the petitioner’s Counsel that because of the stated communication, issuance of Scheduled Tribe certificates to Khasis has been stopped by the federal government.
“Now we have seen the Khasi Hills Autonomous District (Khasi Social Customized of Lineage) Act, 1997. It applies to all Khasis in Khasi Hills District. In Part 2(h) “Khasi” is outlined and in Part 3 the place each the mother and father are Khasi or both of the mother and father is a Khasi, the offspring can also be a Khasi however every sort of progeny is otherwise categorised and described beneath the Part. Part 5 offers for registration and grant of Khasi Tribe certificates,” the Court docket noticed.
The Court docket directed the Council Affairs Division to file a report on this Court docket pertaining to issuance of or its views on issuance of Scheduled Tribe certificates to Khasis choosing surnames of their father or mom and to ladies who select to undertake the surname of their husbands.
The matter is listed once more on July 23.
Case Title: Syngkhong Rympei Thymmai v. The State of Meghalaya & Ors.
Case No.: PIL No. 5 of 2025
