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2022 Supreme(Del) 341
IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
Salek Chand Jain - Appellant
Vs.
Ministry of Social Justice & Ors. - Respondent
W.P.(C) 1542 of 2020
Decided On : 12-07-2022
Advocate Appeared:
For the Appellant :Mr. Jitender Kumar, Advocate.
For the Respondents: Mr. Anurag Ahluwalia, CGSC with Mr. Shubham Gupta.
Point of Law: That prior to approval of scheme, a D.O. Letter fromSecretary, Social Justice and Empowerment was issued to theSecretary Rural Development for adding target of ONT beneficiaries in their existing scheme of two components namely: Livelihood initiative and For providing Houses.
Headnote:
Constitution of India, 1950 - Articles 226 r/w14, 21, 16(4), 38, 46 - Criminal Tribes Act, 1871 - Scheme for Economic Empowerment of De-Notified Tribes - Scheme and implementation-Member of de-notified nomadic and semi-nomadic tribes enjoy - Fundamental rights - The members of De- notified Nomadic Tribes, Semi-Nomadic Tribes and Nomadic Tribes are being neglected and have not been properly brought into the mainstream. It is stated that prior to Independence, under Act, 1871, members of abovementioned tribes were named in said Act and were treated like criminals by birth for reason that they participated in first War of Independence in year 1857. It is stated that, due to this fact, these tribes were not allowed to settle at one place and were forced to move from one place to another. It is stated that impression which is generated regarding members of these tribes is that they are criminals and indulge in crimes - As steps have been taken by Government to bring these De-Notified Tribes into mainstream of country. No further Orders/directions are necessary in this case. (Para 7)
Finding of the court:
It is also stated that a Committee under the Chairmanship of Vice Chairman NITI Aayog is constituted to complete the task of identifying De-notified, Nomadic and Semi-Nomadic communities which have yetnot been formally classified - It is also stated in reply that Anthropological survey of India, under guidance of NITI Aayog, is already conducting ethnographic study of said communities which have been identified in date Commission report - A Status Report has also been filed - A perusal of the counter affidavit and Status Report filed by Respondents shows that prayers of Petitioner herein in instant writ petition have been answered inasmuch as steps have been taken by Government to bring these De-Notified Tribes into mainstream of country - No further Orders/directions are necessary in this case.
Result: Writ petition disposed of.
JUDGMENT :
Satish Chandra Sharma, J.
1. The instant writ petition under Article 226 of the Constitution of India read with Article 14, 21, 16(4), 38, 46 of the Constitution of India has been filed with the following prayers:
“a) To make proper scheme and implementation so that the each and every member of the de-notified nomadic and semi-nomadic tribes enjoy the fundamental rights guaranteed in the Constitution of India.
(b) To form the de-notified nomadic and seminomadic tribes making special categories in the schedule tribe category of the Constitution of India giving them special facilities for their upliftment.
(c) To make schemes and proposals to bring the de-notified nomadic and semi-nomadic tribes in the mainstream of the country.
(d) To make schemes and proposals for the basic education of the de-notified nomadic and semi-nomadic tribes as provided in the Constitution of India.
(e) To make schemes and proposals for the permanent housing schemes with other basic amenities with the facility of BPL Card and other benefits for de-notified nomadic and semi-nomadic tribes.
(f) To make schemes and proposals for the denotified nomadic and semi-nomadic tribes to get the, identity card and Aadhar Card for identification.
(g) To make schemes and proposals for the upliftment and empowerment of women, girl child of de-notified nomadic and seminomadic tribes.
(h) To make schemes and proposals for the medical facilities, economic development and rehabilitation to the de-notified nomadic and semi-nomadic tribes.
(i) To make a separate academy or some other instituting with the sole motive to preserve their art, culture, sports and indigenous knowledge, handicraft, handlooms etc. of de-notified nomadic and seminomadic tribes
(j) Any other or further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed.”
2. It is the contention of the Petitioner that the members of the De-notified Nomadic Tribes, Semi-Nomadic Tribes and Nomadic Tribes like Banjare, Gadia Luhar, Bawaria, Nat, Kalbelia, Bopa, Sikligar, Singiwal, Kuchbanda, Kalander etc. are being neglected and have not been properly brought into the mainstream. It is stated that prior to Independence, under the Criminal Tribes Act, 1871, the members of the abovementioned tribes were named in the said Act and were treated like criminals by birth for the reason that they participated in the first War of Independence in the year 1857. It is stated that, due to this fact, these tribes were not allowed to settle at one place and were forced to move from one place to another. It is stated that the impression which is generated regarding members of these tribes is that they are criminals and indulge in crimes. It is stated that even though after Independence in the year 1952, the Criminal Tribes Act, 1871 has been abolished and the Tribes mentioned in that Act have been de-notified, but the perception amongst people that members belonging to these tribes are criminals has yet not changed. It is stated that several Committees and Commissions like the Criminal Tribes Inquiry Committee, 1947; the Ayyangar Committee have been have been constituted and they have given suggestions for improvement of the conditions of the members of these tribes. The Kalelkar Commission which was constituted in 1953, gave its report in 1955; the Lokur Committee was formed in 1965; the Mandal Commission; Justice Venkatachaliah Commission etc. were constituted for suggesting measures to ameliorate the hardships faced by the members of these tribes. It is stated that a Commission called National Commission for De-Notified, Nomadic and Semi-Nomadic Tribes has also been constituted on 14.03.2005 which gave its report on 30.06.2008. It is stated that despite the recommendations of these Commissions and Committees, constitutional and legal rights, as guaranteed in the Constitution of India, have not been provided to the members belonging to these tribes and, therefore, the p
