The Supreme Court has overturned a 2016 Bihar government official notification that gave members from the Lohar caste the designation of Scheduled Tribes (ST) a step up from the previous termed Extremely Backward Classes (EBC) (EBC).
The court held that the Lohar or Lohaar group in Bihar is distinct from the "Lohra or Lohara" Scheduled Tribes populations found in numerous regions.
The court further ordered the state government to reimburse the petitioner Rs 5 lakh in fees incurred as a result of the lawsuit being filed against him, and held, "We quash the impugned Notification."
The Court's decision came on February 21 in response to a petition submitted by Sunil Kumar Rai of Bihar, who questioned the Lohars' new status. According to the petitioner, when a complaint was filed by a Lohar resident, police issued non-bailable warrants against him, and he was harassed as a result.
Lohars of Bihar, who make up almost 2% of the state's population, have benefited from government jobs after their caste classification was altered on August 23, 2016.
"The Lohar community in Bihar is not entitled to be considered as members of the Scheduled Tribe....," the Supreme Court's division bench of Justices K M Joseph and Hrishikesh Roy said in their decision. The petitioners argue that this is unlawful and criminal in and of itself. It is a violation of the Constitution's Articles 14 and 21. Furthermore, under the provisions of the Scheduled Castes and Scheduled Tribes (Preventions of Atrocities Act), 1989, actions against the petitioners have been commenced based on the same..."
"Lohra' or 'Loharas' are therefore distinct from 'Lohar' in Bihar, since 'Lohars' are listed alongside 'Koiris' and 'Kurmis,' whilst 'Lohra' or 'Loharas' are just sub-castes, a sect of Mundas in Chhotanagpur, or sub-tribes of Asurs who are Scheduled Tribe.
"While 'Lohara' is a member of the Scheduled Tribe,'Lohar' is not," the court decision said. As a result, while we have rejected the notice, this does not mean that 'Lohara,' which is already classified as a Scheduled Tribe, would be harmed by this decision. We explain that the challenged notice will be quashed only in relation to the 'Lohar' group, and the Lohara will continue to receive the benefits provided for them by the Presidential Order as amended by the Acts."
Leaders of the ruling Janata Dal (JD (U)) and the BJP have remained silent on the topic, citing the "legal process."
vikram May 27, 2023
now what to do of lohar community people