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MEGHALAYA HC & KHASI TRIBAL CERTIFICATE POLICY

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MEGHALAYA HC & KHASI TRIBAL CERTIFICATE POLICY

What’s the Issue?

  • In May 2024, the Meghalaya government changed a rule that affected how Scheduled Tribe (ST) certificates are issued to people from the Khasi community.
  • This rule change upset many people, so a group filed a case in the Meghalaya High Court.

WHAT DID OLD RULE SAY?

In 2020, the government had a more flexible policy. It said that a Khasi person can still get an ST certificate even if:

  • They use either their mother’s or father’s surname.
  • A non-Khasi woman marries a Khasi man and takes his surname.

This made sense because people now often choose names for personal or practical reasons, especially in cities or mixed families.

WHAT CHANGED IN MAY 2024?

  • The government withdrew (canceled) this policy.
  • Now, if your name doesn’t clearly follow the traditional Khasi matrilineal system (where identity passes through the mother), you might not get an ST certificate — even if you are Khasi by blood or culture.

This has put hundreds of people’s applications on hold — especially:

  • Children with their father’s surname,
  • Non-Khasi women married to Khasi men.

WHAT DID THE COURT SAY?

The Meghalaya High Court found this troubling.

  • The Chief Justice asked: “Can changing your surname really mean you’re no longer Khasi?”
  • He questioned whether custom or law should decide who is ‘tribal’.

The court has asked the District Council Affairs Department (which looks after tribal issues) to give a detailed report. The case will be heard again on July 23, 2025.

WHY THIS MATTERS SO MUCH?

This isn’t just about names. It’s about:

  • Identity: What does it mean to be Khasi?
  • Rights: If you’re denied an ST certificate, you lose access to:
    • Reserved jobs,
    • Reserved college seats,
    • Other government benefits.
  • Tradition vs. Modern Life: Khasi society is matrilineal (inheritance and names come from the mother), but many people now live differently — with more freedom in choosing surnames, especially in urban or mixed families.

ABOUT KHASI COMMUNITY & RELATED LEGAL FRAMEWORK

  • Major Tribe: The Khasi community is one of Meghalaya’s major tribes, primarily inhabiting the Khasi and Jaintia hills of Meghalaya.
  • Population:
    • Total population in India: Approximately 1,427,711 (as per 2011 Census data).
    • Meghalaya: Constitute the largest community in Meghalaya, making up around 48% of the state’s total population, with approximately 1,382,278 individuals (2011 Census). They form 78.3% of the population of the Khasi Hills region.
    • Assam: Small populations exist, with around 34,558 Khasi individuals (2011 Census). Some estimates for the broader Khasi-Jaintia community in Barak Valley, Assam, are around 1.5 to 1.7 lakh.
    • Bangladesh: Small populations, estimated around 24,000 to 30,000 in certain parts of Bangladesh, particularly in the Sylhet Division.
  • Origin: Known to be one of the earliest ethnic groups in the region, believed to have migrated to the northeastern hills from Tibet or Burma around 500 B.C.
  • Clans: They have a number of distinct clans such as Lyngdoh, Diengdoh, Marbaniang, Shiemliah, Lapang, and Songkali.
  • Physical Characteristics: Generally described as people of short stature.
  • Literacy Rate: The overall literacy rate in East Khasi Hills (a predominantly Khasi area) was 15% as per the 2011 Census, higher than the national average.
  • This indicates a well-educated community that is also increasingly engaging with modern societal structures.
  • Language:
    • The Khasi language, known as “Khasi” (Ka Ktien Khasi), is an integral part of their identity.
    • It is an Austroasiatic language.
    • Native speakers in India number around 1 million (1,038,000 as per 2011 Census). It is the first language of about one-third of Meghalaya’s population (997,000 speakers in the Khasi and Jaintia Hills).
    • While English and Hindi are also spoken, Khasi remains the primary language for daily communication.
    • Khasi has associate official language status in some districts within Meghalaya since 2005. There are ongoing demands for its inclusion in the Eighth Schedule to the Constitution of India.
  • Matrilineal Society: One of the most striking aspects of the Khasi tribe is their matrilineal society.
    • Lineage and Inheritance: Lineage and inheritance are passed down through the mother’s side of the family.
    • Role of Women: Women play a crucial role in decision-making processes and the management of family affairs. The youngest daughter (Ka Khadduh) traditionally inherits ancestral property and is responsible for family rituals.
  • Religion:
    • A vast majority of the Khasis are Christians. According to the 2011 Census, 83.14% of Khasis in Meghalaya are Christian (1,173,693 individuals).
    • Significant minority adheres to the indigenous faith, Niam Khasi, comprising 15.41% (217,488 individuals).
    • Smaller groups of Hindus (0.73%) and Muslims (0.11%) also exist among them.
  • Livelihood:
    • Cultivation has been their primary source of livelihood for ages (e.g., betel nut, rice, potatoes, oranges).
    • In the present day, Khasi youth have diversified into many other professional fields, becoming successful doctors, engineers, businessmen or women, teachers, and more.
  • Official Recognition and Privileges:
    • They are officially recognized as a “Scheduled Tribe” in India.
    • They are allowed to practice their customary laws.
    • Enjoy tax benefits not available elsewhere in India.
    • Have land designated for their use and a quota system that reserves seats for them in education and jobs.
  • Autonomous District Council: The Khasi Hills Autonomous District Council (KHADC) is the official body established under the Sixth Schedule of the Constitution, protecting the unique laws, customs, and land rights of the Khasi people.

CULTURAL ASPECTS: FESTIVALS & CELEBRATIONS

  • Shad Suk Mynsiem: A spring festival celebrating nature, fertility, and gratitude. Men and women participate in a vibrant dance, wearing traditional attire.
  • Nongkrem Dance Festival: A five-day religious festival where the Khasi people offer prayers to the divine for a prosperous harvest and peace. It involves rituals performed by the Syiem (chief) and the Lyntiew (priestess).
  • Behdienkhlam Festival (Jaintia Hills, related Pnar community): Celebrated to drive away evil spirits and bring good health and fortune to the community, primarily by the Pnar (Jaintia) sub-tribe.
  • Traditional Music: Features instruments like Duitara (a stringed instrument, similar to a guitar or lute) and Tangmuri (a bamboo flute).

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