HC admits PIL on Khasi ST certificate denials tied to paternal surnames
It observed why the choice of surname could affect a person’s eligibility for ST certificate under existing law;
Shillong, June 29: The Meghalaya High Court has admitted a public interest litigation (PIL) over denial of Scheduled Tribe (ST) certificates to Khasi individiuals who adopt surnames of their fathers or their husbands (in case of women).
The petition was filed before the High Court by the Syngkhong Rympei Thymmai (SRT), a registered society based at Laban in Shillong. The organisation expressed concern over the denial of ST certificates on adoption of paternal surname or husband’s surname.
Admitting the petition, a division bench comprising Chief Justice IP Mukerji and Justice W Diengdoh wondered why the mere choice of surname could affect a person’s eligibility for a ST certificate under the existing law.
The PIL moved through SRT’s general secretary, Armour Lyngdoh, highlighted the recent Government communication on tribal identity and rights under the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997.
The Social Welfare Department in July, 2020 had clarified that choice of surname, whether that of the mother’s or the father’s, would not disqualify any person from receiving an ST certificate. But this advisory was withdrawn in May this year.
The petitioner’s counsel submitted that following the withdrawal of the advisory, authorities have reportedly stopped issuing ST certificates to Khasi individuals opting for their father’s surname or women adopting their husband’s surname.
The Khasi, Jaintias, and Garos – the three indigenous tribes of Meghalaya – comprise a matrilineal society and so offsprings adopt their mother’s surname in general.
Meanwhile, the High Court directed the District Council Affairs Department to file a detailed report regarding its position on issuing ST certificates to Khasis who choose to adopt their father’s or husband’s surname.
“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 said.