38.6c New Delhi, India, Saturday, June 22, 2024

Lohar is not same as Lohara': Supreme Court Quashes Bihar Govt. notification that approved Issuance Of Scheduled Tribe Caste Certificates To Lohar community

By Dolly Chhabda      01 March, 2022 12:56 AM      1 Comments
Scheduled Tribe Caste Certificates Lohar community SC

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."

Share this article:

John Doe
vikram May 27, 2023

now what to do of lohar community people

Leave a feedback about this

Trending Judiciary
Gravity of offence not relevant when considering bail for juvenile [Read Order]

Allahabad High Court grants bail to a juvenile in a serious criminal case, ruling that the gravity of the offence is not a relevant factor in bail decisions.

22 June, 2024 11:18 AM
Trending Executive
New Anti-Cheating Law enacted: Analysis

In-depth analysis of India’s new Anti-Cheating Law, the Public Examinations (Prevention of Unfair Means) Act, 2024, aimed at curbing exam malpractices.

22 June, 2024 11:38 AM


Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM
Trending Business
Man sues Apple for £5 million, blaming company for divorce after wife discovers ‘deleted messages’ with sex workers

A UK man sues Apple for £5M, claiming their unclear policy on deleted messages led to his divorce after his wife found texts to sex workers on another device.

17 June, 2024 04:26 PM
Trending Crime, Police And Law
Ex-Karnataka CM Yediyurappa appears before CID for POCSO case probe, with protection of 'no arrest'

Ex-Karnataka CM Yediyurappa appears before CID for POCSO case probe, denies allegations, granted ‘no arrest’ protection. Next hearing: June 28.

17 June, 2024 04:46 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email