PINAKI MAJUMDAR
Jamshedpur, June 5 : In a significant development, the Kurmi community of Bengal, Jharkhand and other neighbouring states which has been advocating for their inclusion in the Constitution (ST) Order, 1950, since 1950, faced a setback as the Calcuttta High Court today dismissed its petition.
The petition, filed as WPA (P) No. 224 of 2023, sought to direct the Central government to rectify the ST list by reinstating the Kumi community’s rightful position, as it stood before independence.
Unfortunately, the petition faced an initial hurdle as it was mistakenly listed as a Public Interest Litigation (PIL).
The counsel representing the petitioner promptly brought this anomaly to the attention of the court, requesting that the case be transferred to a single Bench.
Acknowledging the mistake, the Bench agreed to the request.
However, during the proceedings, the Assistant Solicitor General (ASG) voiced his opinion that the high court lacked the authority to issue directions to the central government for amending the Constitution (ST) Order, 1950.
Consequently, the court ruled against the petitioner, leaving them without a legal remedy. Moreover, the subsequent part of the order, which advised the petitioners to approach an appropriate forum, became ineffective.
Legal experts told this news portal that the order has raised eyebrows due to its unprecedented nature, as no other high court in the country has previously rendered a similar ruling. Consequently, concerns have been raised regarding the legality and correctness of the impugned order,
The Kurmi community, which has been actively agitating for over seven decades to restore their rightful recognition, expressed disappointment and frustration following the court’s decision.
They continue to stress the urgency of rectifying the exclusion of their name from the ST list, emphasizing the importance of constitutional safeguards and representation for their community.
The Kurmi community, along with their legal representatives, are now considering their options for further action, including the possibility of appealing the high court’s decision in a higher court.
“We are determined to fight for our cause and to regain our rightful status as a Scheduled Tribe, as we believe it is essential for the preservation of our cultural heritage and protection of our rights,” commented a senior member of a Kurmi outfit which has recently undertaken a massive Rail Roko agitation in Bengal and Jharkhand in support of their demands.
The Rail Roko stir which continued for several days had caused immense hardships for passengers and other rail users.
Advocate AK Shrivastava, who hails from Jamshedpur and Advocate Akash Sharma, who stays in Kolkata appeared in the court on behalf of the Kurmi community.
“This case has once again highlighted the need for a thorough review and revision of the Constitution (ST) Order, 1950, to ensure that no community is inadvertently left out, and that justice and inclusivity prevail in our democratic system,” said advocate A K Shrivastava.
