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Khasi Lineage Law Faces Judicial Scrutiny Challenge

Why in the News ?

The Meghalaya High Court has sought a response from the State on a petition challenging the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997, which restricts ST certificate issuance based on surname in the matrilineal Khasi community.

Recent Legal Developments:

  • A Public Interest Litigation (PIL) has been filed by Syngkhong Rymphei Thymmai, advocating a shift from the matrilineal to patrilineal system.

  • The PIL challenges provisions of the Khasi Lineage Act, 1997, especially regarding surname-based ST certificate restrictions.

  • The Meghalaya HC directed the Advocate General to respond and expedite resolution.

  • A 2020 letter from the Social Welfare Department allowed surname flexibility but was withdrawn in May 2024.

  • Post-withdrawal, ST certificates were allegedly denied to individuals using father’s or husband’s surnames.

Community Implications and Petition Concerns:

  • The petition argues that surname choice should not affect Scheduled Tribe (ST) status if bloodline and lineage criteria under the Act are met.

  • The 2023 amendment to the Act retains the focus on lineage over surname, but confusion persists.

  • Petitioners say current practices discriminate against Khasi individuals exercising surname choice.

  • The court noted this issue affects the Khasi community at large and must be addressed swiftly.

  • The Division Bench may call for affidavits later if needed.
About Khasi Social Custom of Lineage Act 1997 : Enacted in 1997, the Act aims to preserve matrilineal identity among the Khasi tribe.

In matrilineal Khasi society, descent and inheritance are traced through the mother.

The Act restricts ST status to those following traditional matrilineal customs.

It is administered by the Khasi Hills Autonomous District Council (KHADC).

Any change or reform often triggers community-wide debate and legal challenge.