The Bodoland Janajati Suraksha Manch (BJSM) strongly objected to the recent decision of Assam Government to allow issuing ST certificate to Sarania Kachari community as ‘Kachari’ without notification in Constitutional (schedule tribe) order 1950 as amended till date to this effect and rejected it’s validity as illegal and unconstitutional.
Earlier, the All Assam Tribal Sangha was allowed to issue ST certificates to Sarania Kachari community as ‘Borokachari’ or ‘Rabha’ without notification in said constitutional ST order as amended till date by a decision at their own of All Assam Tribal Sangha in a private executive meeting on July 29, 2009.
The issue of such ST certificates to non-notified communities like Sarania Kachari community was stopped by Gauhati High Court in an interim order of Justice Agarwal in case WP(C) 2580/2014 dt 28/5/2014 allowing All Assam Tribal Sangha to issue STcertificate to those communities who are notified as ST in the Constitutional (Schedule Tribe) Order 1950 as amended till date.
The State Government under WPT&BC Ministry endorsed this court order and all DCs, SDOs and All Assam Tribal Sangha were instructed to issue ST certificates to notified communities in said constitutional order.
They stopped to issue ST certificates to Sarania Kachari people as there is no notification in the said constitutional (ST) order to this effect.
The WPT & BC Ministry in violation of Gauhati High Court said interim order mentioned above passed recently an order dt 5/6/2018 allowing DCs & SDOs to issue ST(P) certificate to Sarania Kachari community as sub caste Kachari without notification in the said constitutional ST order mentioned above to this effect.
Thus if any ST certificate is issued to the petitioners or any other Sarania Kachari community people will be infractuos and certificate issuing authority will face contempt of court, the BJSM has warned and appealed the certificate issuing authority not to give effect to the State government order.