BJSM: Is Dispur bypassing HC order restricting ST certificate to Saranias?

OUR CORRESPONDENT

KOKRAJHAR: Questions are arising on the stand of the Government of Assam over its repeated attempts to issue ST certificates to the Sarania community of Assam, who are constitutionally not notified, by softening the legal aspect of tribal affairs. The Bodoland Janajati Suraksha Mancha (BJSM), which has been raising its voice and vehemently opposing the move of the government of Assam to issue ST certificates to non-notified communities, charged that the state government was trying to bypass the Gauhati High Court’s order restricting the issuance of ST certificates to Saranias of Assam.

The Mancha came down heavily on the government of Assam as to why it has been in an attempt to evade the High Court’s order and why it is ignoring the opposition of 13 ST communities in Assam.

The BJSM said the Saranias of Assam have adopted the surnames Das, Deka, Sarania, Saikia, Hazarika, Medhi, Barua, etc. after taking ‘Saran’, which are not surnames of Boro Kachari or Rabha Kachari, to identify them. The adoption of surnames of other non-ST communities will further complicate the process of identifying the real ST communities, and it has been urged by the government of Assam to follow the due process of the constitutional provision.

It may be mentioned that the Secretary of Tribal Affairs, Government of Assam, recently issued a letter saying that a change of surname title does not necessarily change the caste status of a person, and the All-Assam Tribal Sangha (AATS) and its district units have been authorised to make recommendations for the issue of caste certificates for Scheduled Tribes in Assam. So, whenever the All Assam Tribal Sangha, upon satisfaction, after due verification of the caste identity of the applicant and his/her parents, including family history, land records, etc., gives their recommendation that the applicant actually belongs to the “Kachari or “Bodo” tribe by birth, practice, ethnic originality, then the issue of a caste certificate in such cases may be considered. It may also be taken into consideration that if the original ethnicity status of the incumbent is “Bodo” or “Kachari” and falls under Constitutional Order No. 22, his or her adopting different preaching (Saran) subsequently shall not change their ethnic originality of Bodo Kachari and shall come under the ambit of the said Constitutional Order.

Reacting to the move of the Government of Assam, the working president of the BJSM DD Narzary said the repeated attempts of the Government of Assam to issue ST certificates to the non-notified Sarania community were unfortunate. He said the government of Assam had no intention to follow the provisions of the rules and acts of the tribal people and wanted to make whatever they wanted for their political gain. He also said issuing ST certificates to the Sarania community was restricted by an order of the Gauhati High Court, but despite this fact, the state government is making a move to violate the constitutional order. He urged the government of Assam to stop desperate attempts and to follow the procedure of the constitutional order.

Meanwhile, the former president of the BJSM Janaklal Basumatary said the government letter was a repetition of earlier letters of the WPT and BC departments of the Government of Assam, wherein they instructed the All-Assam Tribal Sangha (AATS) and the DCs and SDOs to issue ST certificates to Sarania Kachari community members as the Boro-Kachari, Rabha, or Kachari.

He said the issuing of the of the ST certificate to the Sarania Kachari people was restrained by the order of the Gauhati High Court, vide case WP (C) 2580/2014 dt. May 28, 2014, as the Sarania Kachari community is not notified of ST in the constitutional (ST) order, 1950, as amended from time to time. The state government cannot issue ST certificates to communities that are not notified of ST under the said constitutional order. The WPT and BC departments now have to withdraw their above-mentioned instruction letter to issue an ST certificate to the Sarania Kachari community as Boro-Kachari, Rabha, or Kachari in order of PIL Case 30/2018 dt.1/3/2023 of the Gauhati High Court. The order is very clear: the state government cannot issue ST certificates to the Sarania Kachari community as they are not notified of ST in the said constitutional order. They cannot alter the community’s name when claiming an ST certificate. They must get notified ST as Sarania Kachari community in constitutional order, as they applied for. They cannot claim ST certificates as Boro Kachari, Rabha, or Kachari, even though originally they may belong to the same ethnic group as Kachari, Boro, or Rabha. It is not ethnicity, but rather the community to whom the ST status is notified.

Also Read: Gauhati High Court judgement to stop issuing ST certificates to Saranias hailed (sentinelassam.com)

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