Meghalaya HC seeks Advocate General’s response on PIL challenging Khasi Lineage Act

Shillong: The Meghalaya High Court has issued a notice to the Advocate General after a public interest litigation (PIL) challenged certain provisions of the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997.

The PIL contests the restrictions on issuing Scheduled Tribe (ST) certificates to individuals who choose to use their father’s or husband’s surname.

The petition was filed by Syngkhong Rympei Thymmai (SRT), a group advocating for reform in the state’s matrilineal social structure. The Khasi community traditionally follows a matrilineal system, where lineage and inheritance are traced through the mother.

The group argues that the current law discriminates against individuals seeking to identify with paternal surnames, despite meeting the tribal bloodline and lineage criteria.

At the center of the dispute is a communication issued by the Social Welfare Department on July 21, 2020, which had clarified that Khasi individuals could adopt surnames from either parent and that non-Khasi wives could adopt their Khasi husband's surname.

However, this clarification was withdrawn on May 21, 2024, prompting allegations that authorities have since refused ST certificates to those using paternal surnames.

The petitioner maintains that the 2023 amendment to the Lineage Act does not prohibit the use of paternal or spousal surnames and that such a basis should not be used to deny certification to legitimate Khasi individuals.

A division bench comprising Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh stated in its order that, at this stage, affidavits are not necessary but may be required later if the court deems it essential. “In the interest of the Khasi community at large, this issue should be resolved as expeditiously as possible,” the court noted.

The matter is now listed for further hearing on August 7, with the Advocate General directed to file a response.