Maharashtra Govt recognises Dhangar Community as Scheduled Tribes through Gazette Notification

@vivekbhavsar

PART I

Mumbai: The inclusion of the Oraon or Dhangar community as Scheduled Tribes (ST) in the Maharashtra government’s Gazette dated March 19, 2001, serves as clear evidence that the state has already recognized these communities as belonging to the Scheduled Tribes (ST) category. This official recognition underlines Maharashtra’s acceptance of their ST status, at least within the context of certain legal frameworks, such as court fee remittances under the Bombay Court Fees Act of 1959. This Gazette stands as an important document in support of the community’s ongoing demand for broader ST benefits and protections.

The gazette clarified the community’s status under the Bombay Court Fees Act of 1959, making them eligible for fee remittances in civil or criminal courts. The listing of Oraon or Dhangar in the Gazette essentially means that these communities were recognised as part of the Scheduled Tribes eligible for various benefits and concessions granted to STs under the legal and administrative framework. 

This clarification is significant because there has been ongoing demand from the Dhangar community in Maharashtra for their inclusion in the Scheduled Tribes category, particularly to access the benefits of ST reservations. However, their inclusion in various government orders or gazettes, like this one, plays a critical role in their recognition and access to these privileges.

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The recognition of the Dhangar community as part of the Scheduled Tribes (ST) category has been a politically and socially contentious issue in Maharashtra for several decades. The Dhangar community, a pastoralist group primarily involved in sheep-rearing, has long demanded ST status to avail benefits such as reservations in education, government jobs, and other socio-economic support programs.

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Historical Context and Demands: 

1. Current Classification: While the Dhangar community is classified under the Nomadic Tribes (NT) category in Maharashtra, they have been pushing for inclusion in the Scheduled Tribes category for many years. This demand arises from the perception that they share ethnic and cultural similarities with the Dhangad community, which is already recognized as a Scheduled Tribe in other parts of India, particularly in Madhya Pradesh and Chhattisgarh. 

2. 2001 Gazette Notification: The mention of Dhangar or Oraon in the 2001 Maharashtra government Gazette supports the argument for their inclusion under the ST category. This notification, under the Bombay Court Fees Act, was a legal recognition of their status, at least in the context of court fee remittances. While it is a step, it was not enough to grant them the full benefits of ST status across the board. 

3. Political Promises: The demand for ST status for the Dhangar community has been a major political issue, with promises made by various political parties during election campaigns. In 2014, the Bharatiya Janata Party (BJP) and Shiv Sena promised to grant the community ST status if they came to power. However, the matter has been delayed due to various administrative and legal hurdles, including the need for approval from the central government and possible constitutional amendments. 

4. Supreme Court Rulings: The issue has also been taken up in courts multiple times. Various Supreme Court judgments have reinforced that any inclusion or exclusion of communities from the ST category is a sensitive matter and requires detailed ethnographic studies, anthropological evidence, and careful vetting by the central and state governments. 

5. Recent Developments: As of recent years, successive Maharashtra governments have taken steps to address the issue, including setting up committees and pushing the central government to expedite the process of including the Dhangar community in the ST category. However, the matter remains unresolved, partly because any change would require an amendment to the Constitution under Article 342, which lists Scheduled Tribes for different states. 

Implications of ST Status: If the Dhangar community were officially granted ST status, they would benefit from: – 

Reservation in Education: Access to reserved seats in educational institutions.  

Reservation in Government Jobs: Increased opportunities in the public sector through reserved quotas. 

Access to Welfare Schemes: Financial and developmental schemes meant for tribal communities, such as scholarships, housing support, and subsidies. 

Political Representation: Enhanced political representation through reserved seats in local and national elections.

Challenges: 

1. Legal and Bureaucratic Delays : The inclusion of a community in the ST list is a lengthy process that involves multiple levels of government, from state recommendations to central approval and even Parliament’s consent in some cases. 

2. Conflict with Other Tribes : Some already recognised Scheduled Tribes have raised concerns about the inclusion of new groups, fearing dilution of the benefits they currently receive. 

3. Ethnographic Complexity : The Dhangar community’s demand is often complicated by anthropological debates over whether they should be considered distinct from the Dhangad or other communities already recognised as ST. 

In conclusion, while the 2001 Gazette notification was a significant step, it did not fully resolve the Dhangar community’s demand for Scheduled Tribe status. The issue continues to evolve as a sensitive political and legal matter, with no final resolution yet. The outcome of this struggle will depend on political will, central government decisions, and possible constitutional changes.