Himachal Pradesh High Court stays implementation of tribal status

Decision comes as central, state govt fail to file their response in case

TNR Desk

The Himachal Pradesh High Court has issued a final stay on the implementation of the law granting tribal status to the Hati community in Transgiri area of Sirmaur district. A Division Bench of Chief Justice Ravi Chandra Rao and Justice Jyotsna Rewal Dua gave the decision as both the central and state governments failed to file their response in the court.

The high court has also decided to stay the notification issued by the Tribal Development Department of Himachal Pradesh on January 1, 2024, which ordered the issuance of tribal certificates to eligible candidates. The central and state governments have requested additional time to file their responses in court. The next hearing for this case is scheduled for May 27.

Demand first raised in 1967
The case challenges the reservation provisions for the Hati community in the Transgiri area of Sirmaur district and has been brought before the high court by various organisations, including the Giripar Scheduled Caste Rights Protection Committee and the Gurjar Community Welfare Council.

Pending the court’s decision, members of the Hati community will have to wait for the court’s ruling to obtain their certificates. The people of the Hati community in the Transgiri area of Sirmaur district have been advocating for tribal status since 1967 when the Babar community in neighbouring Uttarakhand received tribal status.

2 lakh from Hati community to benefit
After years of persistent efforts, the union cabinet approved their demand on September 14, 2022. Subsequently, the central government passed the Bill in the Lok Sabha on December 16, 2022, and it was later ratified by the Rajya Sabha. Following approval in the Rajya Sabha, it was submitted for the President’s endorsement, which was granted within nine days.

About 2 lakh people of the Hati community reside in Shillai, Renuka, Pachhad and Paonta Sahib constituencies of the district. Of the total 269 panchayats in Sirmaur district, 154 fall under Transgiri belt. Among these 154 panchayats, 14 tribes and sub-tribes have been incorporated into the SC Amendment Bill.