Himachal: High Court Bans The Law Giving Tribal Status To The Hatis of Giripar.
Himachal Pradesh High Court - Photo: Diary Times
The Himachal Pradesh High Court has completely stayed the implementation of the law related to providing tribal status to the Hatis of Giripar area of Sirmour district.The Himachal Pradesh High Court has also completely put a stay on the letter issued by the Tribal Development Department of the Himachal Pradesh Government on January 1, 2024. Under the letter under which orders were issued to the Deputy Commissioner of Sirmour District Administration to issue tribal certificates to the tribal people of Giripar area.
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The interim order by the division bench of Chief Justice MS Chandra Rao and Justice Jyotsna Rewal Dua of Himachal Pradesh High Court has also made it clear that when the entire issue had already been rejected thrice by the Narendra Modi government at the Centre, then So what was left legally in it that Narendra Modi government at the Centre had to make a law to declare the people of Giripar as a tribal area.
Himachal Pradesh High Court has not prima facie found it legally justified to grant tribal status to the Hatis of Giripar area. Also, it has been alleged in the petition that without conducting any population survey, tribal status was given to Giripar area. It has also been argued through separate petitions in the Himachal Pradesh High Court that the people of Hati tribe of Giripar area already belong to Scheduled Tribe and Scheduled Caste. There is no Hati tribe in Himachal Pradesh and reservation In the name of right to Hati, upper caste people have also been given the status of tribe, which is completely wrong in law. The Himachal Pradesh High Court has said that no geographical area can be fully declared as a Scheduled Tribe in the name of any community unless that community fulfills the entire criteria.
According to the reservation policy in India, Scheduled Tribes and Scheduled Castes as well as Other Backward Classes are already being provided fifteen and twenty-seven percent reservation respectively under the existing law. In the years 1995, 2006 and 2017, a complete proposal was sent to the Central government regarding granting tribal area status to the people of Giripar in Sirmour district.
Every time the Central government had rejected the entire matter of granting tribal area status to the people of Giripar due to three major reasons. One of the three main reasons cited by the Central Government is the lack of uniformity in the entire population of Giripar area. Secondly, the term Hati is a term used by the Central Government to cover all the residents of Sirmaur district. The third reason is that Hati does not specify any ethnic group by the Central Government.
There is an atmosphere of happiness in the Gurjar community due to the Himachal Pradesh High Court’s ban on ST status to the Hati community –
On the other hand, the Himachal Pradesh High Court has put a stay on the Scheduled Tribe status granted to the Hati community of Transgiri area of Sirmaur district. President of Sirmaur Gurjar Social Welfare Council Rajkumar Poswal and General Secretary of Sirmaur Gurjar Social Welfare Council Somnath Bhatia told Diary Times correspondent Kumud Sharma that today justice has won. Rajkumar Poswal and Somnath Bhatia expressed confidence in justice and said that at least their side has been heard by the Himachal Pradesh High Court. After the Himachal Pradesh High Court put a stay on the Hati Bill notification, orders have been issued to suspend all the benefits of the Scheduled Tribe category to the Hati community with immediate effect. Rajkumar Poswal and Somnath Bhatia, on behalf of thousands of people of the entire Gurjar community, have also expressed special gratitude to the Himachal Pradesh High Court for this decision.
Rajkumar Poswal and Somnath Bhatia told Diary Times correspondent Kumud Sharma that the Gujjar community had appealed several times to the Center and the Himachal Pradesh government, but the voice of the Gujjar community center could not be heard by any political party or the Himachal Pradesh government.
Therefore, Gurjar Community Center was forced to approach the Himachal Pradesh High Court. Rajkumar Poswal and Somnath Bhatia told Diary Times correspondent Kumud Sharma that the Himachal Pradesh High Court heard their side and has put a stay on the Haati Bill notification. At present, in view of the Hati Bill Notification Stay Order, all important activities of Hati Reservation are going to be banned till 18th March. Rajkumar Poswal and Somnath Bhatia told Diary Times correspondent Kumud Sharma that they have full faith in the justice of Himachal Pradesh High Court.
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