The Supreme Court has quashed a 2016 Bihar authorities notification, by way of which the federal government had given individuals from Lohar caste the standing of Scheduled Tribes (ST) — from the sooner Extremely Backward Classes (EBC).
The courtroom dominated that Bihar’s Lohar or Lohaar neighborhood isn’t the identical as “Lohra or Lohra”, that are ST communities in a number of districts.
The courtroom additionally requested the state authorities to pay Rs 5 lakh as prices the petitioner might have incurred as a result of a case was lodged in opposition to him, and dominated, “We quash the impugned Notification.”
The courtroom’s verdict, which got here on February 21, was in response to a PIL, filed by one Sunil Kumar Rai from Bihar, difficult the modified standing of Lohars.
According to the petitioner, police issued non-bailable warrants in opposition to him following a case filed by a Lohar resident, and that he confronted subsequent harassment.
Lohars in Bihar, constituting practically 2 per cent of the state’s inhabitants, benefitted in authorities jobs since their modified caste standing since August 23, 2016.
The Supreme Court’s division bench of Justices KM Joseph and Hrishikesh Roy said of their judgement: “The Lohar community in Bihar is not entitled to be treated as members of the Scheduled Tribe…. It is the case of the petitioners that this is per se unconstitutional and illegal. It occasions breach of Articles 14 and 21 of Constitution. What is more, relying upon the same, proceedings have been initiated against the petitioners under the provisions of Scheduled Castes and Scheduled Tribes (Preventions of Atrocities Act), 1989…”
The courtroom SC dominated: “Lohra’ or ‘Loharas’ are thus different from ‘Lohar’ in Bihar, as ‘Lohars’, as noticed hereinbefore, are ranked with ‘Koiris’ and ‘Kurmis’, whereas ‘Lohra’ or ‘Loharas’ are merely sub-castes, a sect of Mundas in Chhotanagpur or sub-tribes of Asurs who are Scheduled Tribes.”
The courtroom order additionally mentioned: “While ‘Lohara’ is a member of Scheduled Tribe, ‘Lohar’ is not. Therefore, while we have quashed the notification, it must not be understood as meaning that ‘Lohara’, which is already included in the category of Scheduled Tribe, is to be affected by this judgment. We clarify that the quashing of the impugned notification will be qua ‘Lohar’ community and the Lohara will continue to get the benefit vouchsafed for them under the Presidential Order as amended by the Acts.”
Ruling JD (U) and BJP leaders kept away from commenting on the matter, as it’s a “judicial process”.
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With inputs from TheIndianEXPRESS
