SYNGKHONG RYMPEI THYMMAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This public interest litigation (PIL) is of some importance. It is initiated by Syngkhong Rympei Thymmai, a registered Society under the Meghalaya Societies Registration Act XII of 1983 through its General Secretary, Mr Armour Lyngdoh. The Society has its registered office at Madan Laban, East Khasi Hills District, Shillong.

(2.) The structure of the society comprising of members of the Khasi tribe is by custom and tradition matriarchal. Under Articles 244(2) and 275(1) of the Constitution of India, the Sixth Schedule has been grafted thereto giving special status and rights to the scheduled tribes in specified areas of the country which includes Meghalaya. Khasis are one of the major tribes in this region. This Schedule, inter alia, provides for District and Regional Councils with power to legislate on subject-matters involving these tribes.

(3.) The core issue which is highlighted today by learned counsel for the petitioner concerns issuance of Scheduled Tribe certificates by the Social Welfare Department. On 21/7/2020, 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."