Manipur HC rescinds inclusion order for Meitei community in ST list

In a significant development, the Manipur High Court has partially rescinded a March 2023 order that urged the state to consider including the Meitei community in the Scheduled Tribe list. This decision comes amidst ongoing legal challenges and ethnic tensions surrounding the issue.

Judge Golmei Gaiphulshillu, ruling on a review petition, struck down a paragraph in the original March 27, 2023 directive. This paragraph instructed the state to “expeditiously” consider Meitei inclusion, a move believed to have fueled ethnic unrest that claimed over 200 lives.

The paragraph of the last year verdict stated the state government “shall consider the case of the petitioners for inclusion of Meetei/Meitei community in the Scheduled Tribes list, expeditiously, preferably within a period of four weeks” from the date of receipt of the order.

Justice Gaiphulshillu’s ruling on February 21 emphasised the need to follow the established procedure for amending the Scheduled Tribe list as outlined by the Government of India. He cited the Supreme Court’s Constitutional interpretation and a 2000 Constitution bench ruling that limits judicial interference in such matters.

“Courts cannot and should not expand jurisdiction to deal with the question as to whether a particular caste, sub-caste; a group or part of tribe or sub-tribe is included in any one of the Entries mentioned in the Presidential Orders issued under Article 341 and 342 particularly so when in Clause (2) of the said Article, it is expressly stated that said orders cannot be amended or varied except by law made by Parliament” the verdict of Supreme Court’s Constitution bench in November 2000 said.

The Constitution bench had elucidated that courts should not overstep their jurisdiction in determining such categorisations.

The eruption of violence following the March 27 order led to a series of petitions challenging the high court directive, which were presented to the Supreme Court. On May 17 of the same year, the apex court criticised the high court’s directive as “obnoxious” and considered staying the order due to perceived inaccuracies.

While the Supreme Court refrained from addressing the core legal aspects arising from the Manipur High Court’s decision, it invited tribal participation, particularly from Kukis, in ongoing legal proceedings related to intra-court appeals.

The violent unrest in Manipur, triggered by dissent over Meitei community’s Scheduled Tribe status aspiration, underscores the complex demographic fabric of the region. Meiteis account for about 53 per cent of Manipur’s population and live mostly in the Imphal Valley, while tribals, which include Nagas and Kukis, constitute 40 per cent and reside mainly in the hill districts.