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Synopsis

Amidst the tensions escalating in the State of Manipur, two Special Leave Petitions (SLPs) have been filed before the Supreme Court against the High Court's order directing the Centre and the State governments to include the Meetei/Meitei community of the State in the Scheduled Tribe list of the Indian Constitution as a "tribe" of Manipur.

The plea filed by Manipur Tribal Forum has sought directions to the Centre and the State to evacuate the Manipuri Tribals who fled to CRPF Lamphel Camp (3500 people), CRPF Camp near the DC office (700 people approximately), Koirengei Camp (300 people) as well as small pockets of tribals held up in Imphal (both east and west) as well as the villages surrounding Imphal Valley and take them to their respective Hill District under central forces escort to their respective areas of residence in the hill districts.

It also sought directions to the Central Forces to immediately make secure and safe the areas where the tribals are currently residing and where it is anticipated by the tribals that further attacks are likely to take place shortly.

The plea prayed for a Special Investigation Team (SIT) to be constituted headed by Harekrishna Deka, former Director General of Police of Assam, and monitored by Chief Justice Tinlianthang Vaiphei, former Chairman of Meghalaya State Human Rights Commission so that the accused who assaulted the tribals could be prosecuted.

It alleged that 30 tribal persons were killed by the dominant community and 132 were not a single FIR has been filed. “Neither FIR was registered nor is there any investigation taking place as the police itself is on the side of the dominant community and has stood by idle while the killings took place”, it added.

“These attacks had the full support of the party in power at the State as well as the Centre which supports the dominant group and has planned the attacks on account of a non-secular agenda which is contrary to the provisions of the Constitution of India”, the plea stated.

Another petition filed by the Chairman of the Hill Areas Committee (HAC) of the Manipur Legislative Assembly and BJP MLA Dinganglung Gangmei argues that the impugned order has resulted in unrest in Manipur, causing the death of 19 people.

“Due to the impugned order tension between both the community have taken place and violent clashes have erupted across the state. As a result of it so far 19 tribal people have been killed, various places in the states are blocked, the internet is completely shut down and more people are at risk of losing their lives”, the plea read.

It further argues that the Meitei community is not a tribe and has never been recognized as such. “In fact, they are very much an advanced community though some of them may come within SC, OBC”, the plea added.

The plea highlights three basic errors in the impugned order of the High Court:

• First was in directing the State to make a recommendation to the Central Government to include the Meetei/Meitei Community as a Scheduled Tribe in the Presidential list.
• Second mistake is the conclusion that the issue of inclusion of the Meeteis/Meiteis was pending for nearly 10 years.
• Third mistake is in concluding that the Meeteis/Meiteis are tribes.

“Merely because the State of Manipur may have received some representation by the Meeteis/Meiteis does not oblige the State to do anything unless the State is convinced first, that the Meeteis/Meiteis are tribes and second, that they deserve to be in the Scheduled Tribes list”, the plea stated.

On April 19, 2023, a Bench of Acting Chief Justice M.V. Muralidaran of the Manipur High Court ordered the Manipur government to “consider the inclusion of the Meetei/Meitei community in the Scheduled Tribe list, expeditiously, preferably within a period four weeks” from the date of the order. This led to clashes between tribal and non-tribal communities.

Case Title: Manipur Tribal Forum v. Union of India