Meghalaya High Court admits PIL challenging tribal certificate policy for Khasi community

The Meghalaya High Court has admitted a public interest litigation that could determine the fate of hundreds of tribal certificate applications from the Khasi community, following a government decision that has effectively halted the issuance of Scheduled Tribe certificates to certain categories of applicants.

The case, filed by Syngkhong Rympei Thymmai through its General Secretary Armour Lyngdoh, challenges the Social Welfare Department's May 2024 withdrawal of a 2020 policy that allowed Scheduled Tribe certificates for Khasis who adopted surnames from either parent or for non-Khasi wives who took their husband's surnames.

Chief Justice I.P. Mukerji and Justice W. Diengdoh, hearing the matter on June 27, expressed concern over how surname choices could impact tribal certification. "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.

The controversy stems from conflicting interpretations of the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997. The Social Welfare Department initially endorsed in July 2020 that the Lineage Act "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."

However, the department reversed this position four years later, prompting concerns that legitimate tribal certificate applications were being denied. The petitioner's counsel argued that "as a result of this communication, issuance of Schedule Tribe certificates to Khasis has been stopped by the government."

The Khasi community, one of Meghalaya's major tribes, follows a matriarchal system protected under the Sixth Schedule of the Constitution. The 1997 Lineage Act clearly defines who qualifies as Khasi and provides for registration and grant of tribal certificates, but the recent policy change has created uncertainty about surname-related eligibility criteria.

The court has directed the District Council Affairs Department to file a comprehensive report on its stance regarding tribal certificate issuance to Khasis who choose parental surnames and women adopting spousal surnames. This report must be shared with all parties before the next hearing.

The matter is scheduled for further hearing on July 23, 2025, when the court will examine the government's detailed response and determine the way forward for affected community members.