Context:

Recently, the Meghalaya High Court began hearing a Public Interest Litigation (PIL) challenging the constitutionality and implementation of the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997. The Act, central to preserving matrilineal identity in Khasi society, has come under scrutiny for allegedly denying Scheduled Tribe (ST) certificates to individuals who use their father’s or husband’s surname, even if they meet all lineage criteria.

Recent Legal Developments:

• The petition specifically challenges surname-based restrictions under the 1997 Act that impact the issuance of ST certificates.
• In response, the Meghalaya High Court has directed the Advocate General to reply and ensure speedy resolution.

About the Khasi Lineage Act, 1997:

• Enacted by the Khasi Hills Autonomous District Council (KHADC), the Act reinforces matrilineal traditions where descent, inheritance, and identity are passed through the mother’s line.
• It plays a central role in preserving Khasi tribal identity, but also enforces specific social customs, particularly around surnames.
• The law restricts ST status to those who follow traditional matrilineal norms.
• Attempts at reform or reinterpretation often spark legal and cultural controversy within the community.

 About Khasi people :

The Khasi people are an indigenous tribe primarily residing in the Khasi and Jaintia hills of Meghalaya, India. They have a distinct culture, language, and social structure.

Key Features:

·        Matrilineal Society: Lineage and inheritance are passed down through the mother's side of the family.

·        Language: The Khasi language is an integral part of their identity, and they also speak English and Hindi.

·        Religion: Mostly Christians, with some Hindus and Muslims.

·        Livelihood: Traditionally, cultivation is their primary source of livelihood, but many Khasi youth have entered various professional fields.

·        Scheduled Tribe Status: Recognized as a Scheduled Tribe in India, with certain privileges and benefits.

Cultural Practices:

·        Festivals: Shad Suk Mynsiem, Nongkrem Dance Festival, and Behdienkhlam Festival are some of the important festivals celebrated by the Khasi people.

·        Traditional Music: Features instruments like Duitara (stringed instrument) and Tangmuri (bamboo flute).

·        Living Root Bridges: The Khasi people are known for their unique architectural marvels, where they train the roots of Ficus elastica trees to create sturdy, natural bridges.

Challenges:

•  Cultural Erosion: The Khasi culture is facing challenges due to modernization and urbanization.
• Land Alienation: The Khasi people are struggling to protect their land rights and prevent encroachment by outsiders.
• Poverty and Underdevelopment: Many Khasi people face poverty and lack access to basic amenities and infrastructure

Conclusion:

The Khasi Lineage Act aims to protect matrilineal traditions, but its rigid rules around surnames have raised concerns over fairness and constitutional rights. As the Meghalaya High Court reviews the matter, the case highlights the need to balance tribal customs with individual freedoms and equal access to Scheduled Tribe benefits.