On 6/13/08, WILLIAM KISKU <[EMAIL PROTECTED]> wrote: > Very fair indeed. > > Just a clarification on variation of the theme. Any > expert on this aspect of constitution can shed some > light, please. > > If a scheduled tribe MAN marries a NONSCHEDULED TRIBE > WOMAN, are the offsprings still eligible and can they > continue to enjoy the benefits of reservation ??? > > What happens if vice versa happens... ie, a SCHEDULED > TRIBE WOMAN MARRIES A NONSCHEDULED TRIBE MAN.?? > > > William > --- Roopa Sharma <[EMAIL PROTECTED]> wrote: > >> A fair judgement. >> rgds >> roopa >> >> --- On Fri, 13/6/08, Gladson Dungdung >> <[EMAIL PROTECTED]> wrote: >> >> From: Gladson Dungdung <[EMAIL PROTECTED]> >> Subject: [ =>> Jharkhand <<= ] HC dismisses plea >> against Tribal Christians' ST status >> To: [EMAIL PROTECTED] >> Date: Friday, 13 June, 2008, 4:14 PM >> >> >> >> >> >> >> >> >> >> >> HC dismisses plea against Tribal Christians' ST >> status >> >> >> >> >> >> >> Pioneer News Service | Ranchi >> >> >> The Jharkhand High Court on Thursday rejected the >> petitioners' plea that challenged the continuation >> of reservation and other privilege to Tribals who >> have converted to Christianity and other religions. >> >> >> >> >> >> In 2002, petitioner Karpara Hansda and wife of >> Sangram Besra had filed a PIL, followed by another >> writ by Baliram Marandi, in which they sought to >> debar Tribals converted to Christianity and other >> religions from availing the reservation and other >> benefits that are extended to all members of >> Scheduled Tribes as per the Constitution. >> >> >> >> >> >> Karpara Hansda contended that just as Scheduled >> Castes or Dalit Christians are denied reservations >> and other benefits and protections on conversion >> from Hinduism to another religion, so also should >> tribals who convert to Christianity should be denied >> such benefits and protections. >> >> >> >> >> >> The petitioner further tried to show that on >> conversion the converted tribals no longer adhere to >> many of their former traditions and culture and the >> difference is "in black and white", and since there >> is this loss or negation of culture and tradition >> they should no longer be regarded as Scheduled >> Tribes and hence they should not be given those >> benefits. >> >> >> >> >> >> Meanwhile, this year an intervener petition was also >> filed by Christopher Kispotta, a Christian and PC >> Murmu, a traditional faith person, opposing the >> contentions and prayers of the petitioners that >> converted Tribals are no longer members of Scheduled >> Tribes and hence no longer entitled to protections >> and benefits. >> >> >> >> >> >> The intervener petitioners on their petition >> submitted that Article 366 of the Constitution >> specifies Scheduled Tribes from existing tribes, >> which is that it builds on existing primordial >> identities of the tribes. >> >> >> >> >> >> The interveners also cited definitions of Tribals >> and indigenous peoples as defined in international >> legal texts such as the International Labour >> Organisation Convention 107 and a certain World Bank >> document, which comprehensively account for these >> communities. They also submitted that to deny >> converted Tribals ST status and benefits merely on >> change of religion to Christianity would be racist. >> >> >> >> >> >> Advocate for petitioner NK Sahani, Government's >> counsel Sumeet Gadodia and interveners' lawyer >> Ratnaker Bhengra made brief arguments. >> >> >> >> >> >> The Division Bench of Acting Chief Justice MY Eqbal >> and Justice DK Sinha after hearing the arguments, >> and after referring to the 2004 Supreme Court >> judgement in State of Kerela verses Chandramohanan >> which lays down, "... as a broad proposition of law >> it cannot be accepted that merely by change of >> religion a person ceases to be a member of the >> Scheduled Tribe,...", rejected the contentions and >> prayers of the petitioners and dismissed the writs. >> http://www.dailypio neer.com/ indexn12. asp?main_ >> variable= RANCHI&file_name=Ranchi2% >> 2Etxt&counter_img= 2 >> >> -- >> >> >> >> >> >> >> Jharkhand Network | Jharkhand.org. in/network >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> Explore your hobbies and interests. Go to > http://in.promos.yahoo.com/groups/ > > > William Kisku > >
-- Sashiprava Bindhani
