Himachal Pradesh HC stays inclusion of Hattees on ST list
- Days after the Himachal Pradesh government issued directives to include Hattees in the Scheduled Tribes (ST) list, the Himachal Pradesh High Court issued an interim stay on January 4, 2024,
- The court questioned the rationality of Parliament's decision and called for responses from the State and Union governments.
Court's Critique on Inclusion Criteria:
- The court highlighted concerns over the inclusion of dominant caste communities, such as Brahman and Rajput, as Hattees, stating that it treated unequals as equals.
- It emphasised that mere residence in a difficult geographical area should not entitle forward castes to claim the disadvantages faced by Scheduled Tribes.
Lack of Characteristics for Inclusion:
- The court pointed out that the Deputy Solicitor General and the Attorney General were unable to explain how dominant caste communities satisfied the four characteristics outlined by the Lokur Committee
- Lokur committee was formed in 1965 to set parameters for ST inclusion:
- primitive traits
- Distinctive culture
- Shyness of contact
- Backwardness.
Prelims Takeaway
- Lokur committee
- Scheduled Tribes