Document Fragment View
Fragment Information
Showing contexts for: koli in Shilpa Vishnu Thakur vs State Of Maharashtra Through Its on 7 May, 2009Matching Fragments
(1) Mahadev Koli, Malhar Koli, Tokre Koli (Entries 28, 29 and 30);
(2) Dhanwar (Entry No.14) (3) Thakur, Thakar, Ka Thakur, Ka Thakar, Ma Thakur, Ma Thakar (Entry 44) (4) Mana (Entry 18) (5) Mannervarlu (Entry 27) (6) Halba, Halbi (Entry 19).
Attempts were made over a period of time by certain persons belonging to non-tribal communities to claim tribal status, on the assertion that their community is synonymous with a tribal group which is specified in the notification, or that their tribe is subsumed in a tribe which is specifically notified. The nomenclatures of the communities of such applicants were similar to those of designated Scheduled Tribes, often with a tribal prefix or suffix. For instance, non-tribal communities include Koli (Son Koli, Suryawanshi Koli, Vaiti Koli), Dhangar, Munnurwar/Mannerwar/ Mannawar and Koshti/Halba Koshti. Decisions of the Supreme Court laid down that the entries contained in the Scheduled Caste or the Scheduled Tribes Order have to be taken as they stand and no evidence can be led either to interpret or to explain those entries. A tribe which is not specifically named as a Scheduled Tribe cannot lay claim to inclusion, either on the basis of a similarity of nomenclature or by contending that the tribe in question is subsumed within a designated Scheduled Tribe.
"The finding recorded by the Committee is based on consideration of the entire material together with sociological, anthropological and ethnological perspectives which Mahadeo Kolis enjoy and of the OBC castes and sub-caste of the Kolis. The Additional Commissioner as well, has minutely gone into all the material details and found that when a section of the society have started asserting themselves as tribes and try to earn the concession and facilities reserved for the Scheduled Tribes, the tricks are common and that, therefore, must be judged on legal and ethnological basis. Spurious tribes have become a threat to the genuine tribals and the present case is a typical example of reservation of benefits given to the genuine claimants being snatched away by spurious tribes. ...... In Subhash Ganpatrao Kabade case, the approach of the Division Bench of the High Court appears to be legalistic in the traditional mould totally oblivious of the anthropological and ethnological perspectives"
(Koshti), Dhanwar and Mana where an overwhelming majority of invalid claims is confined. The Scrutiny Committee has to be especially vigilant where an attempt is being made to deprive genuine tribals of the benefits given to them in the Constitution and consequently, a determination is made on the basis of (i) Information supplied in the prescribed column; (ii) Documentary evidence; (iii) The affinity test; (iv) Vigilance report; and (v) Other evidence, oral or otherwise that may be adduced. In a further affidavit dated 21st September, 2008 consolidated figures have been furnished in regard to the working of all the eight Scrutiny Committees functioning in the State of Maharashtra for the years 2003 to 2007. It has been stated that during this period, the Committees together validated 1,09,914 claims. A total of 5539 claims came to be rejected. In these circumstances, it has been stated that almost 95% of the claims have been accepted and the rate of rejection is a little over 5%. 604 claims have been rejected exclusively on the ground of lack of affinity; 90 claims have been rejected on the ground of lack of documentary evidence; 1,413 claims were rejected on the ground that the documentary and other evidence was contrary to the claim and 3209 claims were rejected due to a combination of the aforesaid reasons. Most of the claims which have been rejected have been made by pseudo tribals from 5 communities who are trying to take disadvantage of a similarity of nomenclature viz. (i) Kolis who claim to be Mahadeo Kolis or Tokre Kolis; (ii) Rajput Thakurs, Bramhabhat Kavi Thakurs claiming to be Thakur Scheduled Tribes; (iii) Koshtis claiming to be Halbas; (iv) Dhangars claiming to be Dhanvars; and (v) Munnerwars claiming to be Munnerwalu Scheduled Tribes.
--------------------------------------------------------------------- Tribal communities Non-Tribal communities
--------------------------------------------------------------------------------
1. Mahadeo Koli, Tokre Koli, 1. Koli (including Son Koli, Malhar Koli Suryawanshi Koli, Vaiti Koli ig etc.);
2. Dhanwar 2. Dhangar