SC order not applicable for Meghalaya: KHADC Chief

Shillong, July 12: The Khasi Hills Autonomous District Council (KHADC) has decided to file a review petition with the Supreme Court to plead for exemption of Meghalaya from the recent ruling of stripping ST status off the children of a tribal mother and a non-tribal father.

The KHADC decision assumed significance in the backdrop of Jharkhand High Court's ruling that the offspring of a non-tribal father and a tribal mother were not entitled to Scheduled Tribe(ST) reservation benefits after the apex court verdict.

A Bench comprising Justices H K Sema and A R Lakshmanan pronounced children born out of the wedlock of tribal-non-tribal couples could not be treated as tribals.

The court, however, said if a forward caste woman marries a tribal man, the children 'would obviously attain the tribal status'.

''The KHADC will file a review petition with the Supreme Court to seek exemption of Meghalaya from the purview of the verdict as most of the indigenous tribes follow the matrilineal system unlike in other parts of the country,'' KHADC Chief Executive Member Hispreaching Son Shylla maintained.

Mr Shylla also claimed that the apex court ruling had clearly been intended for other tribal communities following the patriarchal system in order to prevent exploitation by non-tribals.

''As per the KHADC Lineage Act 1997 and the High Court verdict on the Wilson Reade case of 1957, children born out of wedlock between a tribal mother and a non-tribal father remain a tribal due to the matrilineal system,'' the KHADC said.

Mr Shylla informed that he had already held a meeting with a group of people, whose fathers were non-tribals but mothers tribals to challenge the apex court verdict.

In fact, noted votaries of tribal protectionism had hailed the recent Supreme Court pronouncement, even as the Income Tax Department decided not to allow children of non-tribal father to enjoy the privilege of Scheduled Tribe.

''I will be writing to the Income Tax office here to stop imposing taxes on the tribals till the apex court gives its verdict on the KHADC review petition,'' Mr Shylla said.

UNI