ST demand: HC corners state, sets deadline of 4 weeks
Source: Chronicle News Service

Imphal, April 19 2023: The High Court of Manipur has directed the state government to consider the demand for inclusion of Meetei/Meitei community in the Scheduled Tribe list, expeditiously, preferably within four weeks.

The acting Chief Justice of the High Court of Manipur issued an order on March 27 with regard to a writ petition filed by eight members of Meetei (Meitei) Tribe Union.

The petitioners filed the petition for issuance of a writ of mandamus directing the state government to submit recommendation in reply to the letter (no 1902005/2012-C&IM dated 29.5.2013) of the Ministry of Tribal Affairs within a period of two months or within a time frame and to include Meetei/Meitei community in the Scheduled Tribe list of Indian Constitution as a "tribe among tribes of Manipur" .

The petitioners maintained that the tribal status of Meetei/Meitei existed before September 21, 1949, which is before signing of the Merger Agreement as part of the terms and conditions of the Merger of Manipur into the Indian Union.

They also sought for the court to issue directive to the ministry of tribal affairs to restore the ST status of Meetei/Meitei community.

By placing on record various documentary references, the petitioners' counsel submitted that during the preparation of ST list of India under Article 342 of the Constitution of India, the Meetei/Meitei community was left out.

But there are documentary evidences which show that earlier, Meetei/Meitei community also belonged to tribal community.

The originality, genuineness and distinctness of Meetei/Meitei was better known by the customary institutions of Manipur, state government and Central government agencies as tribe.

In this regard, various individuals and organisations including the petitioners have submitted several representations to the authorities concerned for inclusion in the list of ST by restoring the ST status of the community, the counsel submitted.

The counsel further stated that in reply to the representation submitted by Scheduled Tribe Demand Committee, the ministry of tribal affairs wrote a letter (29.5.2013) to the Government of Manipur requesting for specific recommendation along with the latest socio-economic survey and ethnographic report.

Despite the letter, the state government failed to submit the recommendation for reason best known to them.

The counsel contended that as per the order of the Gauhati High Court (26.5.2003 passed in WP(C) No 4281 of 2002), Chongthu, Khoibu and Mate were included in the List of Scheduled Tribes.

Taking aid of the said order, the counsel proposed that similar recommendation be made by the Court to the respondent authorities to include Meetei/Meitei community as Scheduled Tribe List of the Constitution of India.

Moreover, on April 18, 2022, the Meetei (Meitei) Tribe Union submitted a representation to the Union minister of tribal affairs with copies of the same forwarded to 12 authorities, including the chief secretary of Manipur seeking inclusion of Meetei/Meitei Tribe of Manipur in the list of ST, followed by the ministry of tribal affairs forwarding the said representation to the state on May 31, 2022 .

In the said forwarding letter, the ministry said that the representation submitted by the union is self-explanatory while terming the representation of the union as deemed appropriate for taking action.

It stated that recommendation of the state government concerned is pre-requisite for processing the case further.

After perusing the submission, the court observed, "...there appears to be a recommendation of the state government pending for inclusion of the Meetei/Meitei community in the Scheduled Tribes list of the Constitution of India.

It is not the case of the respondent state that representations regarding inclusion of Meetei/Meitei community as Scheduled Tribes submitted by the various Unions including the petitioners have not been received by them".

"At this juncture, the counsel for the petitioners submitted that the Government of Manipur has been totally violating the right to equality and right to life with dignity, which are enshrined under Article 14 and 21 of the Constitution of India.

In the case of other tribes of the state, the state government had recommended without any hesitation but in the case of the Meitei community, which is also one of the major/principal tribe of Manipur, the recommendation has not been made.

This Court finds some force in the submission made by the counsel for the petitioners, as the petitioners and other Unions are fighting long years for inclusion of Meetei/Meitei community in the tribe list of Manipur," the court observed.

Further observing that nothing has been produced by the respondents, particularly the respondent state to show that they have sent reply to the letter (dated 29.5.2013) of the Ministry of Tribal Affairs, the court noted, "Thus, the issue of inclusion of Meetei/Meitei community in the Scheduled Tribes list of the Constitution is pending for nearly ten years and above".

"No satisfactory explanation is forthcoming from the side of the respondent state for not submitting the recommendation for the last 10 years.

Therefore; it would be appropriate to direct the respondent state to submit its recommendation to the Ministry of Tribal Affairs within a reasonable time," the court further observed.

The court than directed the state government to submit the recommendation in reply to the letter dated 29.5.2013 of the Ministry of Tribal Affairs.

"The state of Manipur shall consider the case of the petitioners for inclusion of the Meetei/Meitei community in the Scheduled Tribe list, expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order in terms of the averments set out in the writ petition and in the line of the order passed in WP(C) No.4281 of 2002 dated 26.05.2003 by the Gauhati High Court", the court directed and disposed of the petition.

Notably, inclusion of Meetei/Meitei community in the ST list is one of the long standing demands of several civil society organisations in the state.

However, many tribal based CSOs, particularly student bodies like ATSUM, ANSAM and KSO had raised strong objections to the demand of inclusion of Meitei/Meetei in ST list.

On April 17, the Scheduled Tribe Demand Committee of Manipur (STDCM) had submitted a memorandum to the Outer Manipur MP Lorho S Pfoze, seeking his cooperation in the inclusion of Meitei/Meetei in the ST list.

"Meitei community which is an indigenous community of Manipur fulfils the criteria required to be included in the ST list.

In order to save the Meitei from becoming a minority and living like a refugee in their own land, STDCM is demanding inclusion of Meitei in the ST list," the STDCM stated.

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