Meghalaya High Court
Syngkhong Rympei Thymmai vs The State Of Meghalaya & Ors. on 27 June, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 03 HIGH COURT OF MEGHALAYA
Daily List AT SHILLONG
PIL No. 5 of 2025
Date of order: 27.06.2025
Syngkhong Rympei Thymmai vs The State of Meghalaya & ors.
Coram:
Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner : Mr N. Syngkon, Adv
Ms L. Phanjom, Adv
For the Respondents : Mr N.D. Chullai, AAG with
Ms R. Colney, GA
i) Whether approved for Yes/No
reporting in Law journals etc.:
ii) Whether approved for publication Yes
in press:
Note: For proper public information and transparency, any media
reporting this judgment is directed to mention the composition of
the bench by name of judges, while reporting this judgment/order.
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.
The structure of the society comprising of members of the Khasi
tribe is by custom and tradition matriarchal. Under Articles 244(2) and
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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.
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 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.
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Learned counsel for the petitioner submits that as a result of this
communication, issuance of Scheduled Tribe certificates to Khasis has
been stopped by the government.
We have seen the Khasi Hills Autonomous District (Khasi Social
Custom of Lineage) Act, 1997. It applies to all Khasis in Khasi Hills
District. In Section 2(h) “Khasi” is defined and in Section 3 where both
the parents are Khasi or either of the parents is a Khasi, the offspring is
also a Khasi but each type of progeny is differently categorised and
described under the Section. Section 5 provides for registration and grant
of Khasi Tribe certificate.
We would like 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.”
This public interest litigation (PIL) is formally admitted.
We direct the petitioner to serve copies of the petition on all the
respondents except the State which is represented by learned counsel
today.
On the returnable date, the District Council Affairs Department
shall file a report in this Court pertaining to issuance of or its views on
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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.
A copy of the report should be circulated to the other parties
before the returnable date of this petition.
List this PIL once again on 23rd July, 2025.
(W. Diengdoh) (I.P. Mukerji)
Judge Chief Justice
Meghalaya
27.06.2025
"Sylvana PS"
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