ST tag for Meiteis: Manipur High Court Revises Order Amidst Ethnic Unrest

The Manipur High Court Withdraws Order Clause, Aiming to Quell Tensions Between Meiteis and Tribal Communities

DILIP DAIMARY

The Manipur High Court, in a decisive move on Wednesday (21-02-2024), amended a contentious aspect of its March 27, 2023, order in response to escalating ethnic tensions in the state.

The Bench, responding to the conflict that has ensued since the release of the order, has rescinded Paragraph 17(iii), which had directed the state government to consider the Meiteis for inclusion in the Scheduled Tribe (ST) category.

This controversial directive was criticized for igniting the current strife between the Meiteis and the tribal Kuki-Zo communities.

The deleted paragraph specifically prompted the state government to “expeditiously” evaluate the petitioners’ case for Meiteis’ inclusion in the ST list. However, this directive had been previously challenged by the Supreme Court of India when tribal bodies contested the High Court’s ruling. Following the initial order and subsequent outbreak of violence, organizations such as the All Manipur Tribal Students’ Union swiftly filed an appeal against the entire order in the High Court.

After a notable delay, the original petitioners, representing the Meitei community, filed a review petition seeking modification of only Paragraph 17(iii) and contested the tribal bodies’ right to appeal. The appeal by the tribal organizations is pending and scheduled for a hearing on Thursday before a Bench headed by Chief Justice Siddharth Mridul.

Justice Golmei Gaiphulshillu’s Bench, which presided over the review petition, concluded that Paragraph 17(iii) warranted revision as it contradicted observations made by the Supreme Court’s Constitution Bench. Consequently, the court opted to eliminate the paragraph in its entirety rather than alter the language.

Advocate Colin Gonsalves, representing the tribal bodies, stated that the deletion of the paragraph was inconsequential since the rest of the March 27 order remains intact, effectively maintaining the directive for the state government to respond to the Centre regarding the ST list inclusion. The tribal bodies’ argument is that the Meitei petitioners are attempting to circumvent the appeal process and achieve a similar result through a modified order.

The court noted that both the Manipur and Union governments abstained from filing any counter-affidavits during the review proceedings, indicating they had no instructions from relevant authorities. Gonsalves argued that the Meitei petitioners were undermining the tribal bodies’ appeal by delaying the process through adjournments.

The legal proceedings coincided with protests by members of the All Manipur Bar Association and Manipur High Court in Imphal, demonstrating against the unauthorized entry of the Rapid Action Force into the Cheirap court complex, where women activists were agitating for the release of individuals arrested in connection with a weapons theft from an armoury.

The initial High Court order by then-Acting Chief Justice M.V. Muralidharan had sparked immediate unrest among tribal communities, leading to an ethnic conflict that has claimed over 200 lives, injured thousands, and displaced many more. The demand to recognize Meiteis as a Scheduled Tribe has been debated and dismissed in 1982 and 2001 by the Registrar General of India and the Manipur government, respectively.

Despite historical records and government findings negating the Meiteis’ tribal characteristics and dominance in Manipur, these details have not been presented in the High Court case. The Union and state governments have yet to submit written submissions on the ST status for Meiteis in the ongoing review and appeal matters before the Manipur High Court.

The criteria for tribal inclusion, established by the Lokur Committee in 1965, remain the benchmark for such decisions. The Ministry of Tribal Affairs considered modifying these criteria but ultimately placed the initiative on hold, maintaining the long-standing definition of Scheduled Tribes.

The Manipur High Court’s action to revise its order represents a critical effort to address the complex ethnic dynamics in the state and mitigate the ongoing conflict. While the ultimate resolution of this issue remains to be seen, the court’s intervention is a significant step towards reconciliation and peace.

22-02-2024

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