CONDITION OF SOCIAL STRUCTURE AND RESERVATION OF FISHERMEN  COMMUNITY IN THE COUNTRY

Download Allahabad High Court order issued on 12.9.2018 to issue the caste certificates in Uttar Pradesh

Condition of reservation

1. The situation of reservation of fishermen-boatmen castes is the Constitution Scheduled Caste and Scheduled Tribe order 1950 (amended time to time) is as follows-

(A) SCHEDULED CASTES

1. Assam–Sl. No. 2. Bhuimali, 6. Hira, 7. Jaalkewat, 8. Jhalo, Malo, Jhalo-Malo, 9. Kaiwart, Jaaliya, 14. Naamshudra, 15. Patni

2. Bihar-Sl. No. 2. Bauri

3. Jharkhand-Sl. No. 2. Bauri

4. Madhya Pradesh-Sl. No. 19 Dewar

5. Manipur-Sl. No. 4. Naamshudra, 5. Patni

6. Meghalaya-Sl. No. 2. Bhuimali, Mali, 6. Hira, Jhalo, Malo, Jhalo-Malo, 9. Kaiwart, Jaaliya, 14. Naamshudra, 15. Patni

7. Karnataka-Sl. No. 23. Bhowi, Ood, Odde, Waddaar, Waddar, Woddaar, Woddar

8. Odisha-Sl. No. 11. Bauti 12. Baburi, 24. Dewar, Dibra, Keuta, Kaibarta, 65. Naamshudra

9. Tripura-Sl. No. 1. Bagdi, 2. Bhuimali, 12. Jeleya Kaibart, 13. Kahar, 18. Kewat, 21. Koy, 30. Namoshudra, 31. Patni

10. Uttarpradesh-Sl. No. 18. Beldar, 53. Majhwar, 66. Turaiha

11. West Bengal-Sl. No. Bagdi, Dule, 8. Bhumali, 10. Bind, 23. Jaaliya, Kaiwart, 24. Jhaalo Maalo, 32. Kewat, keyot, 44. Mallah, 46. Naamshudra, 52. Paatni, 56. Tiyar

12. Mijoram-Sl. No. 2. Bhuinmaali or Maali, 7. Jaalkewat, 8. Jhaalo, Maalo, or Jhaalo-Maalo, 9. Kaiwart or Jaaliya, 14. Naamshudra, 15. Patni

13. Chattisgarh-Sl. No. 19. Deewar

14. Uttranchal-Sl. No. 18. Beldar, 53. Majhwar, 66. Turaiha

15. Delhi-Sl. No. 25 Mallah

16. Sikkim-Sl. No. 3. Majhi (Nepali)

B. SCHEDULED TRIBES

1. Assam-Sl. No. 2. Dimasa, Kachhari

2. Madhyapradesh-Sl. No. 29. Majhi, 30. Majhwar

3. Mijoram-Sl. No. 2. Dimasa, Kachhari

4. Chattisgarh-Sl. No. 29. Majhi, 30. Majhwar

5. Nagaland-Sl. No. 3. Kachhari

C. CASTES OF BACKWARD CLASSES (EXCLUDING CASTES INCLUDED BY THE STATE GOVERNMENT

1. Andhrapradesh-Agnikulkshatriya, Palli, Wadabalija, Besta, Jaalaari, Gangawar, Gangaputra, Gundla, Vanyakulkshatriya, Vannkaapu, Vannereddy, Pallikaapu, Pallireddy, Naayalla, Pattatapu and castes of State Government list.

2. Assam-Mahishyadas, Mahishya, Kochhrajwanshi, Bauri, Beldar, Keyot, Majwar and castes of State Government list.

3. Bihar-Kewat, Kewot, Kaiwarta/Kaibarta, Turha, Tiyar, Dheemar, Naamshudra (Extremely Backward), Bind, Mallah, Surhiya, Kewat Muryari, Majhwar, Rawani, Mahra, Maghiya, Garhuk, Jaswar, Dhiwar, Dhuriya, Konch, Khharwar, Ghatwar and castes of State Government list.

4. Gujarat-Bhoi, Bhoiraaj, Dheemar, Jhingabhoi, Kewatbhoi, Bhanarabhoi, Machhindrabhoi, Kiraathbhoi, Karahbhoi, Pardeshibhoi, Shrimalibhoi, Machhi (Hindu), Khharwa, Khalas, Dheemar, Dheewar, Bitna, Tandel, Mangela, Khalasi, Sarang Kahar and castes of State Government list.

5. Haryana-Dheemar, Mallah, Kashyap-Rajput, Kahar, Jhinwar or Jhimar, Dhiwar, Khhewat, Mehra, Nishad, Sakka and castes of State Government list.

6. Himachalpradesh-Dhimar or Dheewar, Dheenwar or Jheenwar, Jheewar, Jheewaar, Jheur, Jheer, Kashyap Rajput, Kahar, Mallah and castes of State Government list.

7. Jharkhand-Bind, Chain, Chayeen, Chandravanshi (Kahar), Dheemar, Kaiwarta, Kaibarta, Kewat (Keot), Kochh, Majhwaar, Mallah (Surhiya), Kewat

8. Karnataka-Gabith, Gabbith, Gaapith, Gaabith, Gaaljidawath, Gangakula, Gangemkkalu, Gangamathha, Gangaputra, Gowrimathha, Ambig, Ambiga, Ambi, Baarik, Rajbhoi, Gangamathasthha, Jalgaar, Kokankhharvi, Koli, Kolimahadev, Maddar, Besthha, Kabbaliga, Kabbili, Kabber, Kabbera, Khharvi, Bhoi, Bhowi, Bowi (Excluding Bowi but not Besta, which is Scheduled Tribe), Thhorya, Harkanthra, Hariyakanthra, Kahar, Minagar, Mogavira, Khhariya, Sunnagara, Siviyaar, Pariwara, Galedakokni, Paagi and castes of State Government list.

9. Kerala-Dhiwra (Araya, arayavathhi, Makkuwan, Mukya, Mogavira, Walan, Bowi, Mukayar, Nulayan, Valiniziyar, Moogaya, Mogayar and Pannivakkal) and castes of State Government list.

10. Madhya Pradesh-Dhimar/Dimar, Bhoi, Kahar, Kahra, Dhiwar, Mallah, Nawda, Nawra, Turaha, Kewat (Rekwaar, Raikwaar), Keer, Brithiya/Vrithiya, Sondhiya, Murha, Muraaha, Mudha (Apart from Loniya) and castes of State Government list.

11. Maharashtra-Machhi, Machhimaar (Dalhi), Bhoi/Boi, Jinga Bhoi, Pardeishi Bhoi, Raajbhoi, Kahar, Gondiya Kahar, Dhuriya Kahar, Kiraath, Machhwa, Manji, Jthiya, Kewat, Dhiwar, Dhiwar Bhoi, Dhiwar, Dhimar, Palwar Machhendra, Nawdi, Malhaar, Maadhaw, Gaadhaw Bhoi, Khhadi Bhoi, Khhare Bhoi, Dhewra, Bhoi-Nawdi, Tharu-Naawdi, Dhiwar Bhoi, Koli, Kamble, Gaabit, Khharwaor Khharwi, Machhimaar Koli, Mangela/Mangaala, Panbhare (Panbhari), Sonkoli, Koli Suryavanshi, Baithi, Ahir Koli, Paankoli, Paankoli, Baari, Khhandesh Khharwa or Khharwi, Koli and castes of State Government list.

12. Odisha-Bhoi, Besta and castes of State Government list.

13. Punjab-Kahar, Jhidhwar, JHinwar, Ghinwar, Ghiwar, Dhimar, Mallah, Kashyap, Rajput, Mehra and castes of State Government list.

14. Rajashthan-Dhiwar, Kahar, Bhoi, Sagarvanshi-Maali, Kir, Mallah, Mehra, Nishad and castes of State Government list.

15. Tamilnadu-Minaawar, Parwathhraajkulam, Pattnawar, Sembaadaawar (Excluding those who have converted into Christianity, OBC) and castes of State Government list.

16. Tripura-Bauri, Bind and castes of State Government list.

17. Uttarpradesh-Kahar, Tanwar, Singhariya, Kewat or Mallah, Bind, Dhiwar, Raikwar, Kashyap, Nishad, Gond and castes of State Government list.

18. West Bengal-Turha, Kahar, Majhi and castes of State Government list.

19. Chattisgarh-Dhimar, Dhinwar, Jhinwar, Kahar, Mallah, Bhoi, Kir, Kewat, Turaha, Batham and castes of State Government list.

20. Uttranchal-Bind, Dhinwar, Dhiwar, Kahar, Tanwar Singhariya, Raikwar, Nishad, Kashyap, Gond and castes of State Government list.

21. Delhi-Dhinwar, Jhinwar, Nishad, Kewat/Mallah (excluding those who are Schedule Caste), Kahar, Kashyap (Excluding Brahmins), Taraiha and castes of State Government list.

22. Chandigarh-Dhimar, Dhinwar, Jhinwar, Kahar, Mallah, Kashyap, Mallah, Kashyap Rajput and castes of State Government list.

23. Daman and Diew-Bhoi and castes of State Government list.

24. J&K-Fishermen including Gada Hunj, Jhiwar and castes of State Government list.

25. Dadar and Nagar Haweli- Koli and castes of State Government list.

26. Pondichery-Minawar/Agnikulakshatriya/Makkwanincluding Chinna Pattinawar, Nattar, Parawar, Parwthharajkulam, Pattinawar, periya, pattinawar, Sembadawar, Vadawlija and castes of State Government list.

27. Telangana-Besta, Gangaputra, Gundla and castes of State Government list.

28. Goa-Koli, Khharvi (Excluding Christian Khharvi) and castes of State Government list.

29. Manipur-Castes of State Government list.

30. Odhisa-Castes of State Government list.

I. NOTIFIED IN 3 STATES- 2 ARE DEPRIVED FROM THE RESERVATION

Following castes of Scheduled Castes and Scheduled Tribes of the Constitutional/ Presidential Order 1950 are disputed: -

1. DEWAR

a.  State of Odisha – Dewar is notified at serial no. 24 and 19 of the schedule of the State of Odisha and Madhya Pradesh & Chhattisgarh respectively. It was held by the Hon’ble High Court of Odisha vide order dated 05.11.1979 passed in O.J.C. No. 247/1978 in the case of Narayan Behra Versus State of Odisha that the Asst. Commissioner, Scheduled Caste and Scheduled Tribes, Government of India, New Delhi has mentioned that Deewar and Dheewar are synonyms and no caste having named as Deewar is found. The caste of Dheewar traditionally used to catch fish and sail boats. Kaibarta and Keu are those who traditionally do the profession of Dheewar. Kaibathra and Keut be treated to be included in Dheewar (Dheebar). Hon’ble Supreme Court while deciding the S.L.P. No. 1900/1980, filed by the State of Odisha, has appreciated the order passed by the Hon’ble High Court.

It was directed to the State of Odisha vide letter no. BC/12016/22/80-SC & BCD-14 dated 23.05.1981 of the Home Ministry, Government of India that Dheewar, Keut, Kaibatra be treated as synonyms of Deewar caste.

b. State of Madhya Pradesh & Chattisgarh – Dheewar, Keut, Kaibatra have been given benefit of reservation of scheduled Tribes in the State of Odisha from the year 1981 by treating them synonyms of Deewar but Dheemar, Kewat, Kahar, Bhoi, Mallah, Nishad etc, who are traditional castes of fishing and boating in the State of Madhya Pradesh and Chhattisgarh, they have not been given benefit by the State Government. No directions/guidelines have been issued by the Home Ministry, Government of India in its letter dated 23.05.1981 issued in compliance of the abovementioned decision regarding Dewaar/Deewar Caste, Sl. No. 19 of Madhya Pradesh and Chhattisgarh, the same is sought for.

II. SOCIAL CONDITION OF S.T. & S.C. ‘MAJHI’ AND ’MAJHWAR’

It is mentioned regarding ‘MAJHI’ & ’MAJHWAR’ in the Anthropological Survey of India (Ministry of Sanskrity, Government of India), (Oxford University Press), Peoples of India, National Series Volume II- ‘The Scheduled Caste’ and Volume III ‘The Scheduled Tribes’ – Author- Mr. K. S. Singh (Former DG) and the Census of India- 1961 (Uttar Pradesh) that:-

(a) SCHEDULED CASTES:

(1) ‘MANJHI (NEPALI)’: It is mentioned in the records of the State of Sikkim that their traditional work is boating (at page 865) although they are traditionally a boatman but now they are engaged in business and contractor jobs.

(2) ‘MAJHWAR’/’MANJHI’: It is mentioned in the records of the State of Uttar Pradesh that they are also known as Majhwar. They are farmer community and agriculture is their traditional and present occupation. (at page 868, 869)

(b) SCHEDULED TRIBES:

(1) ‘MANJHI’: It is mentioned in the records of the State of Madhya Pradesh that the meaning of word ‘Majhi’ is boatman. This group is synonyms of Mallah, Kewat, Boatmen. Their traditional work is fishing, some used to do boating (at page 710, 711)

(2) ‘MAJHWAR’: It is mentioned in the records of the State of Madhya Pradesh that they are dependent on the agriculture and the agriculture labour is their occupation. (at page 712, 713). In Anthropological survey of India, Government of India, the ‘Majhi (Nepali)’ has been mentioned as traditional caste of boating in the schedule of the Scheduled Caste of the State of Sikkim, and the ‘Majhi of the schedule of Schedule Tribes of State of Madhya Pradesh and Chhattisgarh has been treated as synonyms of boatmen, Mallah, Kewat, boatmen castes groups. The occupation of the ‘Majhwar Caste’ has been mentioned as agriculture and agriculture laborers in the schedule of the Schedule Tribe of the State of Uttar Pradesh but they have been shown as Majhwaar/Manjhi in the Schedule Caste of the Uttar Pradesh and it is mentioned to declare them as Majhwar.

(c) Census of India-1961 (State of Uttar Pradesh): Majhwar Schedule Caste

The Officers while conducting census of 1961 (Uttar Pradesh) were directed by the Census Commission that they will conduct the census of the Majhwar Caste peoples, which are at sl. No. 53 of the schedule of the Scheduled Caste, by treating the Manjhi, Kewat, Mallah, Mujbir, Mujabir, Rajgond and Gond as Majhwar. From this it becomes clear that Majhwar, Gondmajhwar, Rajgond are also castes of fishing and boating as Majhi, Mallah, Kewat, Mujbir and Mujabir.

III. THE ISSUE TO BE CONSIDER BY THE GOVERNMENT OF INDIA

1. The issue of Majhi Caste (State of Madhya Pradesh and Chattisgarh)

On the basis of the discussion regarding Dhimar, Kewat, Kahar, Bhoi, Mallah, Nishad etc by Mr. E. G. Kits (1885), Mr. H. H. Richle (1891), Mr. Wilium Krook (1896), Mr. R. V. Rasel (the Census of 1901), Mr. Rasel-Hiralal (1916), Mr. J. H. Hattan, (the Census of 1931), the Census of 1961, (Uttar Pradesh), Government of Madhya Pradesh, Commission of Scheduled Tribe-1964, Mr. K. S. Singh-1998) (Anthropological Survey of India), Shri Moti Kashyap, M.L.A., Madhya Pradesh has proved in his applications that Majhi is fishermen-boatmen caste, which is synonyms of Dhiwar, Kewat, Kahar, Bhoi, Mallah, Nishad etc. but the office of the O.R.G.I. has bypassed the facts and reports of the abovementioned literature and has given one sided comments relying upon the report of the Schedule Tribes Research Organization. Detailed applications dated 2/10.09.2013, 23/24.03.2015 and 01.12.2015 have been given by Shri Moti Kashyap, MLA, Madhya Pradesh to the Hon’ble Chief Minister, State of Madhya Pradesh, by rebutting each and every point/comments of the said comments of the ORGI and requested to form a committee consisting of Hon’ble Ministers, subject experts from the universities and representatives of the social organizations so that all ingredients/qualifications/ necessities Manjhi including all tribes could be examined and the results be supported and thereafter be sent to the Government of India and oblige him. The matter is pending.

1. The issue of ‘MAJHWAR’ caste (State of Uttar Pradesh and Uttranchal)

According to the schedule of the State of Uttar Pradesh of the Constitutional Scheduled Caste Order 1950, Beldar, Majhwar and Turaiha are at Sl. No. 18, 53 and 66 respectively. These are all castes of fishermen-boatmen and other silent/depressed occupation. It is worthwhile to mention that it was directed in the guidelines published for the Officers who were to conduct census of 1961 (Uttar Pradesh) that they will conduct the census of the Majhwar Caste peoples, which are at Sl. No. 53 of the schedule of the Scheduled Caste, by treating the Manjhi, Kewat, Mallah, Mujbir, Mujabir, Rajgond and Gondmajhwar as similar/synonyms of Majhwar, from this it becomes clear that these are traditionally castes of fishing and boating, which have merged in Majhwar and thus their population has abolished.

5.1 Castes of other backward class of the State as Kahar, Tanwar, Singharia, Kewat or Mallah, Bind (excluded castes declared by the State Government and it was continuously claimed by the castes as Dhiwar, Raikwar, Kashyap, Nishad etc that they have very good relations of marriage, eating together, and social relations with Majhwar, beldar and Turaiha, all Scheduled Castes.) and they are synonyms, similar names and on similar footing and are merged into each other, they be declared at par to the Majhwar caste.

4. ISSUES PENDING BEFORE THE STATE GOVERNMENT, GOVERNMENT OF INDIA AND ORGI

1.The issue of ‘MALLAH’ caste (State of Delhi)

According to the schedule of the State of Delhi of the Constitutional Scheduled Caste Order 1950, Mallah is at Sl. No. 25. It is known to all that the Mallah is a fishermen-boatmen community. It was continuously claimed by the Castes of fishermen-boatmen community of other backward castes declared by the Government of India as Ghinwar, Jhinwar, Nishad, Kewat. Mallah, Kahar, Kashyap, (excluding Brahmins), (also the castes of the state) that they are synonyms, similar names, equal, and common to Mallah caste and they have very good relations of marriage, eating together and social relations, all of them merged into each other. They be declared at par to the Scheduled Caste Majhwar caste. The issue is pending before the State Government, Government of India and ORGI.

V. EXAMPLES OF THE WILL POWER OF THE GOVERNMENT

Various letters have been issued by the Home Ministry, Government of India in ‘BROUCHER First Edition, Oct. 1984’, in which various castes have been notified as Schedule Castes because they were similar, synonyms, sub caste to the castes which were already present in the schedule of Scheduled castes in the some states, the same is following-

1. No. BC 12016/37/76 SCT. V. dated 05.10.1979 which is related to the State of Andhra Pradesh, by which 30 castes which were similar, synonyms, sub caste to the castes mentioned in the schedule of Scheduled Caste as Byagra at Sl. No. 11, Chamar, Mochi, Muchi at Sl. No. 14, Mala at Sl. No. 35 some caste of the schedule of Scheduled Tribes as Andha at Sl. No. 1, Gadba at Sl. No. 2, Gond, Naipod, Rajgond at Sl. No. 6, Kolam, Mannwaralu at Sl. No. 12, Konda Dora at Sl. No. 13, Kondh, Kondhi, Kodhu, Deshyakandhas, dograya, Kondhas, Kutityakondhas, Tikriya Kondhas, Yeniti Kondhas at Sl. No. 16, Koya, Gond, Rajah, Rashakoya, Lingadharikoya (General), Kottukoya, Minekoya, Rajkoya at Sl. No. 18, Suglij, Lambadiz, Lambadis at Sl. No. 29, Anadis at Sl. No. 32, Arrukulas at Sl. No. 33 have been notified.
2. No. BC 12016/37/76 SCT. V. dated 05.10.1979 which is related to the State of Gujarat, by which 11 castes which were similar, synonyms, sub caste to the castes mentioned in the schedule of Scheduled Caste as Bhambi, Bhammi, Asadaru, Asodi, Chamariya, Chamar, Chambhar, Chamgar, Harlarya, Harali, Khhalpa, Machigar, Mochigar, Madar, Mading, Mochi, Naliya, Telgumochi, Kamarmochi, Raanigar, Rohidas, Rohit, Samgar, 5. Bhangi, Mehtar, Olgana, Rurvi, Malkana, Halakhora, Lalbegi, Balmiki, Korar, Jhadmalli and castes of the schedule of Scheduled Tribes as Dhokiya at Sl. No. 9, Siddi at Sl. No. 26, Bagnari at Sl. No. 9 have been notified.
3. No. BC 12016/37/76 SCT. V. dated 05.10.1979 which is related to the State of Haryana, by which 12 castes which were similar, synonyms, sub caste to the castes mentioned in the schedule of Scheduled Caste as Chamar, Jatiya, Chamar, Rehgar, Raigar, Ramdaasi at Sl. No. 9, Majhabi at Sl. No. 23, Nat at Sl. No. 25, Supela at Sl. No. 34, Sikligar at Sl. No. 36 have been notified.
4. No. BC 12016/37/76 SCT. V. dated 05.10.1979 which is related to the State of Jammu & Kashmir, by which 6 castes which were similar, synonyms, sub caste to the castes mentioned in the schedule of Scheduled Caste as Chamar, Ramdaasi at Sl. No. 4, Chura at Sl. No. 5, Dum or Mahsa at Sl. No. 7 have been notified.
5. No. BC 12016/37/76 SCT. V. dated 05.10.1979 which is related to the State of Kashmir, by which 14 castes which were similar, synonyms, sub caste to the castes mentioned in the schedule of Scheduled Caste as Banjaara, Lambani Chura at Sl. No. 17, Bhowi at Sl. No. 23, Korwa at Sl. No. 536, Korma at Sl. No. 54 have been notified.
6. No. BC 12016/37/76 SCT. V. dated 05.10.1979 which is related to the State of Bihar, by which 20 castes which were similar, synonyms, sub caste to the castes mentioned in the schedule of Scheduled Caste as Chamar, Mochi at Sl. No. 6, Dhobi at Sl. No. 9, Dom, Dhangad at Sl. No. 10, Pan Sawasi at Sl. No. 20 and castes of the schedule of Scheduled Tribes as Asur at Sl. No. 1, Khariya at Sl. No. 16, Kisaan at Sl. No. 19, Kora at Sl. No. 20, Maal Pahariya at Sl. No. 24, Munda at Sl. No. 25, Oraon at Sl. No. 26 have been notified.
7. No. BC 12016/37/76 SCT. V. dated 05.10.1979 which is related to the State of Odisha, It was held by the Hon’ble High Court of Odisha vide order dated 05.11.1979 passed in O.J.C. No. 247/1978 in the case of Narayan Behra Versus State of Odisha that the Asst. Commissioner, Scheduled Caste and Scheduled Tribes, Government of India, New Delhi has mentioned that Deewar and Dheewar are synonyms and no caste having named as Deewar is found. The caste of Dheewar traditionally used to catch fish and sail boats. Kaibarta and Keu are those who traditionally do the profession of Dheewar. Kaibathra and Keut be treated to be included in Dheewar (Dheebar). Hon’ble Supreme Court while deciding the S.L.P. No. 1900/1980, filed by the State of Odisha, has appreciated the order passed by the Hon’ble High Court and dismissed the SLP of the State.

VI. SCHEDULED CASTES AND SCHEDULED TRIBES OF FISHERMEN AND BOATMEN COMMUNITY AS HELD IN THE LOK SABHA BY THE GOVERNMENT OF INDIA

In consideration of the Annexure 1, Para 1 to 7, the fishermen-boatmen community who are residing in States as Assam, Bihar, Jharkhand, Madhya Pradesh, Odisha, Tripura, Uttar Pradesh, West Bengal, Chhatisgarh, Uttranchal, Delhi are notified as Scheduled Castes and Majhi and Majhwar castes of Madhya Pradesh and Chattisgarh who are notified in the schedule as Schedule Tribe, it is mentioned in the literatures referred as above and Hon’ble welfare Minister (Shri Balwant Singh Ramuwalia) while answering the question of Shri Vishwambhar Prasad, M.P. that castes of the schedule of Scheduled Castes and Scheduled Tribes as Majhwar (Uttar Pradesh), Gond (Uttar Pradesh, Andhra Pradesh, Bihar, Gujarat, Karnataka, Madhya Pradesh, Odisha, Maharashtra and West Bengal), Mallah (Delhi, West Bengal), Beldaar (Madhya Pradesh, Uttar Pradesh, Odisha, west Bengal, Dear (Odisha, Madhy Pradesh) and Majhi (Madhya Pradesh) and Majhi (Nepali) (Sikkim) are traditionally fishermen-boatmen castes, they because of the absence of will power of the government and the judgment passed by Hon’ble Supreme Court in the case of Bhaiya Ram Munda versus Anirudh Patar have not been declared as synonyms, similar, equal, same and sub caste and notified in the schedule, they are eligible to be declared so.