Uttarakhand SC Inclusion Case: High Court Issues Notice To State And Centre Over 48 Castes
Uttarakhand High Court issues notices to state and central government over 48 castes’ inclusion in SC list; next hearing scheduled for 6 January.
The Uttarakhand High Court has issued notices to both the state and central government over the inclusion of 48 new castes in the Scheduled Castes (SC) list, following a public interest litigation (PIL) challenging the move. The court has directed all concerned departments to submit detailed responses within four weeks, with the next hearing scheduled for 6 January.
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PIL Challenges State Orders
The case stems from a PIL filed by a woman from Haridwar, who has questioned the government orders issued in 2013 and 2014 that added 48 non-SC castes to the Scheduled Castes list. She argues that these decisions violate the Constitution, as only the President of India and Parliament have the authority to include or exclude castes from the SC list under Article 341. The petition claims that the state government acted beyond its powers and that the 2013-14 orders are unconstitutional and should be annulled.
Special Courts Not Established
The petitioner has also raised concerns over the failure to establish special courts for SC/ST matters, as mandated by a 26 January 2016 government order. These courts are crucial for the effective enforcement of SC/ST (Prevention of Atrocities) laws, and their absence has reportedly made it difficult for victims to obtain timely justice.
Centre And State Departments Notified
Taking the matter seriously, a division bench comprising Chief Justice G. Narender and Justice Subhash Upadhyay has issued notices to the central government’s Home Ministry, Law Ministry, and the Secretary of the Department of Social Justice and Empowerment, as well as the Principal Secretary of Uttarakhand’s Social Welfare Department. The court has asked for clear, factual responses within four weeks.
Next Hearing Draws Attention
The decision of this case could have significant social and policy implications across Uttarakhand. If the court rules the state government’s decision invalid, the 48 castes could potentially be removed from the SC list. The next hearing on 6 January is now being closely watched across the state.
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