Indian Tribal News Service
New Delhi
The Supreme Court has held that Lohar is not same as Lohara. And that including Lohar alongside Lohara is clearly “illegal and arbitrary”. It has quashed a notification issued by the Bihar Government
That approved issuance of Scheduled Tribe Caste certificate to Lohar community
At the same time, the court clarified that Lohara will continue to get the benefit vouchsafed for them under the Presidential Order.
“Lohar is not same as Lohara. Including Lohars alongside ‘Lohara’ is clearly illegal and arbitrary”. The bench comprising Justices KM Joseph and Hrishikesh Roy observed in its judgment dated February 21 but put out in public domain now.
The bench said that a person entitled treated as a member of Scheduled Tribe under Article 342,
cannot treat on par with a person brought in by an incompetent Body, viz., the State.
However, the judgment arose out of the petition of Sunil Kumar Rai and others who had approached the Supreme Court
challenging the notification issued by Bihar Government, contending that the Lohar community in Bihar is not entitled to be treated as members of the Scheduled Tribe.
As well as the petitioners also submitted that on the basis of such certificates issued. Proceedings initiated against them under the provisions of the Scheduled Castes and Scheduled Tribes (Preventions of Atrocities Act), 1989.
in addition, the State raised a technical objection that there is a delay of about five years in seeking protection under Article 32 of the Constitution. The impugned notification issued in 2016.
The bench not only rejected the preliminary objection observing that the delay by itself cannot used as a weapon. Veto an action under Article 32 when a violation of Fundamental Rights is clearly at stake but also ordered a compensation of Rs 5 lakh to the petitioner. Who had put behind the bars for some time. Read more blogs about The Indian Tribal News on our website.
