Himachal High Court stays notification of Govt to extend tribal status to Hatti community
Himachal Pradesh High court in an Interim order on Thursday stayed the January 1, state government notification extending schedule tribe statous to Hattee community.
The Division bench comprising of Chief Justice MS Ramachandran Rao and Justice Jyotsna Rewal Dua passed an Interim order on the joint writ petition filled by the Giripar Anusuchi Jaati Adhikari Sanrakshan Samiti and Giripar Gujjar community .
The court issued Interim stayed on the plea of counsel of petition Rajender Suresh Singh Sain who stated that state has issued notification on January 1,2024 directing Vall the Deputy Commissioner and head of Department to provide benifit of Schedule Tribe Reservation and other facilities to Hattee community and permanent resident of Transgiri area residing in Sirmour district.
The petitioner said that state government issued notification when the court have reserved the order to stay the constitutional amendment as the argument is already completed before this court.
High court considering the request of petitioner not only issued Interim stay on the notification of Himachal Pradesh Government but union government which have extended the ST benifit to residents of Transgiri area who called them Hatti.
Court said that both the notification would remain stay till next hearing of the matter on March 18, 2024 till court next order.
It is worthwhile to mention that issuing the notification on January 1, 2024 State Principal Secretary Tribal Development Onkar Sharma said that ST statous granted to hatttee community after receiving clarification from the Union Goverment in this regard.
After giving green signal by the Parliament Modi government also issued similar notification by including Hatti community in the list 11 of ST categories including other ten schedule categories.
This matter is pending before the Himachal Pradesh High court and court has reserved its order to stay the constitutional amendment as Anusuchit Jaati Adhikari Sanrakashan Samiti and Gujjar community of the Trans Giri have challenged the constitutional amendment in the Himachal Pradesh High court terming the provision against the interest of both the petitioners.
Union Government have approved the constitutional amendment in the cabinet decision and it was passed by Parliament in August 2023 and president of India gave its nod immediately.
State Government did not implement the constitutional amendment immediately stating that in government notification Schedule caste communities who are opposing to include them in the Schedule Tribe list are included in the union government notification.
