Himachal High Court issues notice to Modi Govt over reservation to Hatti community
Himachal Pradesh High court issued notice to Union of India and Himachal Pradesh Government in a Civil Writ Petition filed against the provision of Reservation to Hattee community living in the trans giri area of Sirmour district.
The petition heard by the division bench of Chief Justice M. S.Ramachandra Rao and Jyotsna Rewal Dua today and issued notice to Union of India and state of Himachal Pradesh.
The Civil Writ Petition was moved by the
Girpar Anusuchit Jaati Adhikari Sanrakashan Samiti challenging provision of Reservation to Hati community of Transgiri area.
Sr Advocate of Supreme court Colin Gongolves pleaded the matter ( online) from New Delhi today and He sought to quash the Presidential order passed in Month of August 2023 to amend Schedule caste and Schedule Tribe Act to include Hattee community in the schedule list.
Talking to UNI standing counsel for Petitioner in Himachal Pradesh High court Advocate Kawalpreet said that the notice was issued to union of India and state of Himachal Pradesh in the matter to file reply as the matter would be fixed for next hearing on November 18, 2023.
She said that petioners are also residents who moved Civil Writ Petition today on the name of
Girpar Anusuchit Jaati Adhikari Sanrakashan Samiti v/s union of India and others .
Petioner stated that there is no tribal Hattee tribe in the state and rights of reservation was handed over to Rajput and high caste Brahmin in the name of Hattee which is not found as a homogeneous recorded community. The Petioner said that no Geographical area could be declared Schedule Tribe in the name of a community until it fill the criteria of homogeneous as scheduled tribe.
According to the Reservation policy in the country the Schedule caste and Other Backward Classes are already getting 15 pc and 27 pc reservation under the existing law but with the amendment in the SC and ST act all people of the Transgiri area of Sirmour district in Himachal Pradesh including SCs and OBCs are included in the Schedule Tribe list which would got only 7.5 per cent reservation in the Government recruitment and Admission in the Government educational and technological institutions. According to the Petioner they would have to compete with the upper and economic well off community and reservation in the Panchayat Raj and Urban bodies institutions would be designated to ST in place of Schedule caste communities.
The Union Cabinet announced tribal status to Hattee community of Sirmaur district in Himachal Pradesh in September 2022 .
“The Constitution (Scheduled Tribes) Order (Third Amendment) Bill 2022” also passed by the Parliament to modify the list of Scheduled Tribes (STs) of Himachal Pradesh,”
The Hatee community of Transgiri area of Sirmour district was provided this extraordinary right in August this year by the presidential order
The people belongs to various heterogeneous communities including upper caste are seeking tribal statous to Hattee for last two decades and BJP had made the promises in 2014 Lok Sabha election in its party manifesto.
Though the decision was taken by the RGI to award the tribal status to Hattee community but earlier, it had been denied that Hattee is not a tribal community.
