Meghalaya HC seeks DCA’s views on issuance of ST Certificates to Khasis using father’s or mother’s surnames, and to women adopting husbands’ surnames

Syllad | The Rising MeghalayaJune 28, 2025

The Meghalaya High Court on Friday admitted a public interest litigation (PIL) petition filed by Syngkhong Rympei Thymmai (SRT), a registered Society, challenging the issuance of Scheduled Tribe certificates by the Social Welfare Department.

The Society, comprising members of the Khasi tribe, has its registered office at Madan Laban, East Khasi Hills District, Shillong.

The core issue highlighted in the petition concerns the issuance of Scheduled Tribe certificates to Khasis who adopt surnames of either their father or mother, and to non-Khasi women who choose to adopt the surname of their husbands.

On formally admitting the PIL, the division bench comprising Chief Justice IP Mukerji and Justice W Diengdoh in its order has directed the District Council Affairs (DCA) department to file a report on the matter.

“On the returnable date, the District Council Affairs Department shall 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,” it said.

The bench has noted that the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997, applies to all Khasis in Khasi Hills District, and provides for registration and grant of Khasi Tribe certificates.

However, the court expressed its desire 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 court has directed the petitioner to serve copies of the petition on all the respondents except the State, which is represented by learned counsel.

The petitioner SRT had stated that on 21st July, 2020, it 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 same Social Welfare Department withdrew the 21st July, 2020 letter, including the decision contained therein. The petitioner through its counsel submitted that as a result of this communication, issuance of Scheduled Tribe certificates to Khasis has been stopped by the government.