'Serious Issue': Uttarakhand HC Asks State If ST Certificates Being Issued Solely Based On Residence In Tribal Area

The Uttarakhand High Court last week sought a response from the State Government on whether Scheduled Tribe certificates are being issued merely on the basis of a person's residence in a tribal area, or if such certificates are granted only to those who belong to the notified tribal communities. A bench of Justice Rakesh Thapliyal has also sought to know as to how many persons have been granted Schedule Tribe certificates till now on the basis of their residence. The Court has also said that the criteria for determination that a particular person belongs to the aforesaid community, must also be apprised to it. The bench made this query while hearing a petition filed by two petitioners claiming the issuance of Scheduled Tribe certificates on the ground that they reside in the area (Jaunsar), the majority of which is inhabited by the notified tribal community-Jaunsar. The Counsel for the petitioners submitted that earlier in the erstwhile State of U.P. and now in the State of Uttarakhand, a large number of Schedule Tribe certificates have been issued to people who are residing in the named tribal area. Terming it as 'serious issue', the bench has sought an explanation from the State as to on what basis the Schedule Tribe certificates are being issued-whether on the basis of the residence or on the basis that a particular person belongs to the tribal communities. For context, as per Article 342 of the Constitution, the President, upon consultation with the Governor, can specify any Tribal Community as ST in that particular state or union territory. In accordance with this provision, a notification dated 24.06.1967, issued after consultation with the then Government of Uttar Pradesh, identified five communities as STs in the region: Bhotiya, Buksa, Jaunsari, Raaji, and Tharo. Before the bench, the counsel for the petitioners contended that since the petitioners reside within the geographical limits of what has been classified as the Jaunsar area, they are entitled to get a Scheduled Tribe certificate. The bench, however, disagreed with the proposition as it observed that only individuals belonging to such notified communities are entitled to ST status and it cannot be expanded to the people who are merely residents of tribal-designated areas. Referring to Article 342 of the Constitution of India as well as the 1967 notification, the single Judge noted that only those 5 communities have been declared to be Scheduled Tribes and not the entire areas where such tribes reside. “…this submission as advanced by the learned counsel for the petitioners is completely against the mandate of Article 342 of the Constitution of India since the only community has been declared to be Schedule Tribe and not the area and as per 1967 order, the five communities as referred above have been declared to be a Schedule Tribe. Therefore, entitlement of certificate of Schedule Tribe is only depends on whether a particular person, who claims to be a Schedule Tribe should belongs to that community of merely on the ground that such person is residing in that area can be the sole basis for issue of Schedule Tribe certificate,” the court noted The matter will now be heard on May 16.Case title - Itika Pande and Another vs. State of Uttarakhand and othersClick Here To Read/Download Order

'Serious Issue': Uttarakhand HC Asks State If ST Certificates Being Issued Solely Based On Residence In Tribal Area

Sparsh Upadhyay

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