Rajasthan High Court - Jodhpur
State vs Shanker on 21 July, 2016
Author: Govind Mathur
Bench: Govind Mathur
[1]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
JUDGMENT
D.B. CIVIL WRIT (PIL) PETITION NO.5324/2010
State of Rajasthan & Ors.
Vs.
Shanker
DATE OF JUDGMENT :: 21.7.2016
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE KAILASH CHANDRA SHARMA
Dr. P.S. Bhati, Addl. Advocate General assisted by
Mr. Sajjan Singh Rathore, for the State
Mr. Rajat Arora on behalf of
Mr. Sanjeet Purohit, for the respondent (s)
...
BY THE COURT :
While dismissing D.B. Criminal Jail Appeal No.810/2003 (Shanker Vs. State of Rajasthan), this Court observed as under :-
"After parting with merits of the case we would like to note that this Court is facing with number of criminal cases arising out of superstitions prevailing like 'dakin' and other ill traditions like mautana and vair existing in tribal area of the State of Rajasthan. These superstitions and ill traditions prevalent in aboriginal tribe dominated southern Rajasthan, where the illiteracy and backwardness are in high ratio are taking a tole on the life of people. The superstitious behaviour as existed in present case suspends logic, common sense and [2] common human considerations, that often results in heinous crimes. A very important task of governance is to eliminate all ills in the society those are against rational approach of thinking and reasonability. It is unfortunate that tremendous growth of our nation and society is yet not so multi dimensional as desired in a Welfare Democratic State. The dalits, aboriginals and other tribes are yet not getting benefit of socio-economic promotional schemes.
For tribal area of the State a huge
amount of money is available for
development and promotion of people,
however, real change in socio economic conditions of the tribes is yet awaited.
To make a real change in the objective conditions of the tribal area the government have to ensure literacy for every one, quality education for tribal children, cultural and socio reformist programs, self reliance and adequate employment to local people, easy access to medical facilities and also adequate participation in self rule through local self government bodies.
We are having no doubt that the government must be having numerous programs and schemes to satisfy the all above specifications, but the question still remains is of efficacious implementations of such schemes and programs. We being an essential wing of governance, looking to the [3] existing conditions of tribes of the Rajasthan, consider it appropriate to direct the Secretary to the Government of Rajasthan, Tribal Area Development Department to submit a detailed report relating to plans and schemes available for promotion of tribes in the State of Rajasthan and the steps taken for their implementation. Such report is required to be submitted within a period of four weeks from today. The Registry shall de-tag record of this criminal appeal and shall independently constitute a separate file to have report from the Secretary, Government of Rajasthan, Tribal Area Development Department. A copy of this order is also required to be a part of that file."
In view of the directions given in the appeal aforesaid, a public interest litigation was registered. During pendency of the writ petition, State Legislature has already enacted the Rajasthan Prevention of Witch-hunting Rules, 2010. It is also pointed out by learned Additional Advocate General that adequate administrative steps have also been taken to meet with the problems of "Mautana", "Bair" and "Chadotara". Details have also been placed on record about the steps taken by the Government of Rajasthan through its Social Welfare Department and also through Manikya Lal Verma Tribal Research and Training Institute, Udaipur. It is further pointed that to promote higher education in the tribal area, a Tribal University too has [4] been established at Banswara.
Having considered all these facts we are not inclined to further proceed with this public interest litigation. Accordingly, the same be consigned to record and stands disposed of. The intervenors, however, shall be at liberty to agitate all the cause relating to promotion of tribes and other aboriginals in the State of Rajasthan by way of filing a separate petition for writ, if advised.
[KAILASH CHANDRA SHARMA], J. [GOVIND MATHUR], J. Sanjay