6 days ago
PIL challenges Khasi Lineage legislation, Meghalaya HC seeks AG's response
Shillong, The Meghalaya High Court has sought a response from the Advocate General after a group challenged the provisions of a legislation that restricts issuance of Scheduled Tribes certificates to people who opt to use their father's or husband's surname. PIL challenges Khasi Lineage legislation, Meghalaya HC seeks AG's response
The group, Syngkhong Rymphei Thymmai, is seeking to reform or move away from the matrilineal system where lineage and inheritance pass through the mother's line.
Several provisions of the Khasi Hills Autonomous District Act, 1997, sought to protect the matrilineal lineage practised by the Khasi tribals in Meghalaya.
The high court was hearing a PIL that contests the legal validity of restrictions imposed under the Act and raises concerns over the issuance of Scheduled Tribe certificates to Khasi individuals who choose to adopt surnames from their father or husband.
The immediate cause for the petition stems from a communication dated July 21, 2020, issued by the Social Welfare Department to the Deputy Commissioners of East and West Khasi Hills.
The letter had clarified that the Act did not bar individuals from adopting surnames from either parent and allowed non-Khasi wives to adopt their husband's surname.
However, the letter was withdrawn by the Department on May 21, 2024, through a communication, resulting in authorities allegedly refusing to issue ST certificates to Khasi persons using their father's or husband's surname.
The petitioner argued that as long as the individual met the bloodline and lineage requirements under the Act, as amended in 2023, the choice of surname should not be a ground for denial of certification.
In its order, a division bench comprising Chief Justice IP Mukerji and Justice W Diengdoh, observed that resolution of the matter is vital in the interest of the Khasi community and stated that affidavits would be called for only if required at a later stage.
The bench directed that notice be served upon the Advocate General and listed the matter for further hearing on August 7.
This article was generated from an automated news agency feed without modifications to text.
