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Judgment
Heard Mr. M.F. Qureshi, learned counsel for the petitioners as well as Mr. S. Sen Gupta, learned Addl. Sr. GA for the respondents No. 3, 6,
7 & 8, Mr. H.S. Thangkhiew, learned Sr. counsel assisted by Mr. Philemon Nongbri, learned counsel for the respondents No. 4 & 5, Mr. K.
Paul, learned CGC for the respondents No. 1 & 2 and Mr. V.K. Jindal, learned Sr. counsel assisted by Ms. M.K. Marak, learned counsel for the
respondent No. 9.
The brief fact of the petitioner''s case in a nutshell is that:
The petitioners herein are the Tribal and most of them are Non-tribals who have filed the instant writ petition for the enforcement of
their Constitutional and Fundamental Rights as guaranteed under Article 14, 16 and 21 of the Constitution of India as well as their
legal rights.
The Petitioners are the residents of Pyrdiwah village which is situated in East Khasi Hills under 27-Pynursla Assembly Constituency,
Meghalaya, having population, made-female ratio comprising mostly tribal and few hundred non-tribal. The people in the Pyrdiwah
village make their living through agriculture and other small scale and cottage industries and are dependent on nature and other human
forces to a great extent. Ever since the country''s independence from the British rule in 1947, the Non-tribal have been living in the
said village permanently and majority of the persons living in Pyrdiwah have involved themselves in agriculture. The tribal and non-
tribal who have been living side by side for much generation irrespective of different castes and creeds demonstrate the principles of
''Unity in Diversity''. However in the recent past some politicians and NGOs have managed to sow the seed of hatred against the
non-tribal community living in the said village, resulting they have been deprived of the basic facility and the benefits under the scheme
formulated by the Government and the Headman of the said village has been playing a key role in the discrimination and arbitrariness
while the district administration has shut its eyes and least bother about the various problems being faced by the inhabitants of the said
village particularly the non-tribal community.
The Petitioners have 3(three) dimensions of problems in the matter of non-registration and non-issuance of Birth certificate, non-
enrolment as voters in the Electoral Roll of the State and deprivation of food grain in the Public Distribution System of the village.
The Petitioners were reluctant to approach this Hon''ble Court due to the threat of village Headman and his functionaries that the
Petitioners would be expelled from the village, however, the Petitioners who have suffered a lot at the hands of the village Headman
and the concerned authorities of the State Government did not find any public spirited persons to file a writ petition for the
enforcement of their Constitutional and statutory rights, hence the instant writ petition is filed by the aggrieved Petitioners before this
Hon''ble Court ignoring the consequences and threat of the village Headman which they may face.
The Petitioners have suffered legal injury due to discriminatory and arbitrariness action of the State authorities and the issue raised in
the instant writ petition is of public importance which concern the public as a whole, residing in the State of Meghalaya either tribal or
non-tribal as such the instant petition if your Lordship may deem fit and proper may convert it into a Public Interest Litigation since it
has a vital role in the civil justice system in that it could achieve those objectives which could hardly be achieved through conventional
private litigation as well as offers a ladder to justice to disadvantage sections of society such as the Petitioners herein further provides
an avenue to enforce diffused or collective rights, and allows them to participate in government decision making as well as contribute
to good governance by keeping the government accountable.
The future of the petitioners especially the non-tribal Petitioners and their family members are hanging in the balance and they have
sleepless night due to the fear that they will be deprived of all the basic needs and the benefits under the government scheme due to
not having the birth certificate and election photo identity card as well as ration cards. The Hon''ble Supreme Court in its recent
judgment while having broadened the ambit of right to life to bring a citizen''s right to sleep peacefully under it held that a citizen has a
right to sound sleep because it is fundamental to life.
The very existence and survival of the Petitioners are at stake due to the reasons mentioned in the forgoing paragraph and unless the
basic requirements are provided or restored to them they may suffer irreparable loss, hardship and mental agony in as much as the
existence of their lives will be in peril.
The manner by which the Petitioners are being discriminated particularly Non-Tribal Petitioners in the matter of issuance of Birth
Certificate, Election Photo Identity card and Public Distribution System by authority of the State Government and headman, the basic
objective of the Constitution is defeated, therefore violated fundamental and legal right of the Petitioners directly, hence the Petitioners
have no alternative remedy but to approach this Hon''ble Court under Article 226 of the Constitution of India for judicial rectification,
redressal of grievances and enforcement of their Fundamental Rights and this Hon''ble Court is empowered to issue appropriate
direction(s), Order(s) or Writ(s) including Writ(s) in the nature of Mandamus, Prohibition and Certiorari etc for the redressal of the
grievances of the Petitioners"".
Mr. M.F. Qureshi, learned counsel for the petitioners submits that the petitioners approached the appropriate authority for issuance of Epic card
and they were declined on the ground that they did not have birth certificates. The learned counsel for the petitioners further submits that some of
the petitioners were aged about 60 and 80 years old have been asked to produce the birth certificate for issuance of Epic card. Some Officials of
the area also insisted on the Headman''s certificate. So, necessary directions may be passed.
On the other hand, Mr. H.S. Thangkhiew, learned Sr. counsel for the respondents No. 4 & 5 submitted that the petitioners may submit the
documents with an appropriate application supported by an affidavit. He also contended that if the petitioners are aggrieved they can complain to
the Office of the Deputy Commissioner, East Khasi Hills District, Shillong.
After hearing the submissions advanced by the learned counsel, I hereby give the following directions:
The Election Commission to consider their applications for issuance of Epic card in accordance with the rules and further, I direct that no
Government Officials or any Private Organization is allowed to insist on the Headman''s certificate. If at all any doubt arise, they can seek the
information from the Superintendent of Police of the District concerned. Those persons who do not possess birth certificates and are already 60
and 80 years old should not be asked to produce the birth certificate as 60 and 80 years old back hardly anyone used to obtain the birth
certificate. Therefore, in their case, let a sworn affidavit be filed before the Authority concerned.
With this observation and direction the petition is allowed and stands dispose of.