Supreme Court snubs State, rules Kulis as ST

 It may sound bizarre but a community was on the verge of losing its Scheduled Tribe (ST) status in Odisha as its name had an ‘s’ suffixed to it. 
Supreme Court  (Photo | File/ EPS)
Supreme Court (Photo | File/ EPS)

BHUBANESWAR:  It may sound bizarre but a community was on the verge of losing its Scheduled Tribe (ST) status in Odisha as its name had an ‘s’ suffixed to it. Reiterating the basic rules of English vocabulary, the Supreme Court has clarified that the term ‘Kulis’ mentioned in the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 is nothing but a plural form of ‘Kuli’ and not a separate caste. In Schedule II at Part XII of the Act dealing with Scheduled Tribes, the tribe ‘Kulis’ is notified as a Scheduled Tribe in Odisha. Disposing of a special leave petition filed by the State Government, a division bench comprising Justice Madan B Lokur and Justice Deepak Gupta on Thursday ordered that ‘Kulis’ henceforth will include members of the ‘Kuli’ community.

Earlier, the State Government had moved the apex court challenging a Orissa High Court order which had held that there is no difference between the terms ‘Kuli’ and ‘Kulis’ and  ‘Kuli’ are part and parcel of ‘Kulis’ tribe.Members of the community reside in Sambalpur, Balangir, Phulbani, Kalahandi, Ganjam, Dhenkanal, Mayurbhanj and Sundargarh districts. People belonging to ‘Kuli’ community have for long been claiming that they are a part of ‘Kulis’ tribe. Stating that ‘Kulis’ is a Scheduled Tribe, Shibashish Misra, counsel appearing for the State Government had submitted that no court or authority has any jurisdiction to add any tribe or caste.

“The courts cannot give an interpretation that persons belonging to ‘Kuli’ community are also entitled to the benefit of being declared Scheduled Tribe,” he said in his submission to the court. However, the Supreme Court in its order maintained that no Act or order should be misinterpreted as the State could not place any material evidence to show that there is a separate caste called ‘Kulis’.

“It is obvious that the power of the Court is very limited and the Court cannot modify, alter, add to or subtract from the Presidential Order or the notification issued by Parliament. At the same time, the Court has to ensure that the order is read in such a manner that no caste or tribe, which is intended by President or by Parliament to be included, is actually excluded,” the order stated.

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