Manipur Violence : BJP MLA Moves Supreme Court Against High Court Order On Scheduled Tribe Status For Meitei Community

The Chairman of the Hill Areas Committe (HAC) of the Manipur Legislative Assembly, Dinganglung Gangmei, has approached the Supreme Court challenging the Manipur High Court order in relation to Scheduled Tribe status for the Meetei/Meitei community as a tribe of Manipur. The petition argues that directing the state government to recommend a tribe for the Scheduled Tribes List does not fall within the jurisdiction of the High Court.

The petition filed by Gangmei, a BJP MLA, argues that this impugned order has resulted in the unrest in Manipur that has caused the death of 19 people. As per the petition - 

"Due to the impugned order tension between both the community have taken place and violent clashes have erupted across the state. As a result of it so far 19 tribal people have been killed, various places in the states are blocked, internet is completely shutdown and more people are at the risk of losing their lives."

Acting Chief Justice M.V. Muralidaran of the Manipur HC,  through its impugned order, had directed the State to consider the inclusion of Meitei community in the Scheduled Tribes list. The said order is at the centre of the current unrest going on in Manipur. 

The petition argues that the Meitei community is not a tribe and has never been recognised as such. It adds -

"In fact, they are very much an advanced community though some of them may come within SC, OBC."

The petition argues that the High Court has made three errors in its decision- 

1. First error is directing the State to make a recommendation to the Central Government to include the Meitei Community as a Scheduled Tribe in the Presidential list.

2. The second mistake is the conclusion that the issue of inclusion of the Meeteis/Meiteis was pending for nearly 10 years.

3. The third mistake is in concluding that the Meiteis are tribes.

As per the petition, there is no recommendation of the State Government pending before the Central Government for the inclusion of the Meitei community in the Scheduled Tribe list.

"Merely because the State of Manipur may have received some representation by the Meeteis/Meiteis does not oblige the State to do anything unless the State is convinced first, that the Meeteis/Meiteis are tribes and second, that they deserve to be in the Scheduled Tribes list," adds the petition.

Further, the petition states that in the absence of satisfaction on the part of the State that the Meiteis are tribes and they satisfy the Constitutional requirements of being included in the Scheduled Tribe list, the State is not bound to act on "frivolous representations at all."

Finally the petition submits that even if directions were to be given they could not have been given without notice to the HAC and hearing the HAC.