New Delhi: The Supreme Court on Friday (February 21) refused to hear a plea seeking inclusion of Are-Katika (Kathik) community in the list of scheduled castes across the country, saying the judiciary cannot make an alteration and only Parliament has the authority to make such changes.
A bench comprising Justice BR Gavai and Justice Augustine George Masih, while refusing to entertain the petition filed by Telangana State Are-Katika (Khatik) Sangh, also referred to the Manipur case where a direction of the Manipur High Court to the state to include the Meitei community in the list of the Scheduled Tribes led to large-scale ethnic clashes in Manipur.
We can’t even make an alteration: Apex Court
“How is such a petition tenable? The issue is concluded by so many judgements of the Supreme Court… We can’t even make an alteration. We can’t add a comma,” the bench told petitioner’s counsel. “The high court also does not have any jurisdiction. It is only the Parliament which can do it. It is so well-settled. Nothing can be changed.”
The petitioner sought permission from the court to withdraw the petition with liberty to approach the High Court.
Only Parliament has jurisdiction to change Scheduled Castes list: Apex Court
“The high court also does not have any jurisdiction. It is only the Parliament which can do it. It is so well-settled. Nothing can be changed,” the bench said and added, “You know what happened in Manipur.”
The petitioner then sought the permission of the court to withdraw the petition and the court granted the petitioner permission to withdraw the plea.
What did the petition say?
As per the petitioner, “Are-Katika (Khatik)” community are placed at the lower status in the local caste hierarchy and was listed in the scheduled castes category in some states, while it was listed in the other backward classes (OBC) category in some other states. It said that the social customs and rites are common in the entire community of Katika/Khatika all over India and highlighted that when a woman from the community marries in another state, where the community is not listed in the scheduled castes category, she loses her SC status.
