Manipur High Court Revokes the Previous Recommendation of Adding Meiteis to the Schedule Tribe List
Image Source: Vartha Bharathi
In a controversial decision, the High Court has backtracked on its suggestion to include Meiteis in the ST status, which was one of the catalysts for the violence that erupted last year among the three major ethnic groups of Manipur, namely Meitei, Kuki, & Naga. The State government had conducted a displacement drive of some tribals in February last year from the Churachandpur district in a bid to preserve and eliminate encroachments in the forest areas of Manipur. Even a faction of BJP’s Kuki people alliance had condemned the action. This was followed by a rally mobilized by the All Tribal Students Union of Manipur, who appealed for a peaceful protest against the inclusion of Meiteis in the ST list. The protest snowballed into a full-blown conflict after a rumor of an attack on a tribal woman by Meiteis spread like wildfire.
The Decision
On February 21, a High Court single bench decision by Justice Golmei Gaiphulshillu dismissed the previous order by Chief Justice M.V Muralidhran in a review petition, emphasizing that the Supreme Court, led by the Chief Justice of India, had taken strong exception to it.
The Manipur High Court had permitted the review petition this year aiming to change its previous March order, filed by Kuki Zo tribal bodies. Justice Gaiphulshillu called the passing of the previous order a “misconception of law”. Moreover, while citing a Supreme Court order, he said that it was in contravention of the previous decision in the State of Maharashtra vs Milind & ors, where the apex court had observed that it is up to the Central government to decide such inclusion and it is outside the purview of the Court to alter or amend the ST list.
The withdrawn paragraph had said, “The first respondent shall consider the case of the petitioners for the inclusion of Meitei community in the Scheduled tribe list, expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order in terms of the averments set out in the writ petition and in the line of the order passed by the Gauhati High court on 26th May 2003.”
Last year, the Supreme Court rebuked the Manipur HC for their recommendation of Meiteis’ inclusion in the list. According to Bar and Bench, CJI DY Chandrachud deemed it factually wrong.
It’s important to note that historically, Meiteis have had the choice of inclusion in the Scheduled Tribes list. When the first Backward Classes Commission requested a list of STs from each state & STs, they did not do so, even though several Meiteis enrolled for it. According to a report by The Hindu, the Registrar General of India also looked into the proposition at the request of the Ministry of Home Affairs in 1982 and said that the Meitei community does not appear to possess tribal characteristics and denied the inclusion. The Chief minister back in 2001 had agreed with the RGI officer and reinforced the decision, claiming they don’t need such inclusion.
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