This news was published in the Pioneerin March2011.
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Odisha tribals to gherao Assembly on April 4
March 26, 2011 9:11:11 AMSUDHIR MISHRA | BALANGIR
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Protesting against the alleged Government’s inaction on the fake caste
certificate issue, the Paschim Odisha Adivasi Kalyan Mahasangha (POAKM)
has threatened to gherao the Assembly on April 4, informed POAKM
general secretary Niranjan Bisi. The fake caste certificate issue
cropped up at an informal gathering of the Biswabasu Sabar Sangha at
Rugudikhal Rampur in 2007 where the benefits enjoyed by the non-ST
people came to light.
“Two cases of Pratima Sarangi alias Dharua and Lochan Meher alias
Dharua came to our notice,” said Bisi adding that following such
detections, they decided to form a committee in the villages and
collect data from the villagers while the Balangir Zilla Adivasi Kalyan
Sangha was formed to fight against the case.
In the first year, they submitted a list of 147 fake certificate
holders to the district administration. While 355 cases in the district
have been submitted, only six fake caste certificates have been
cancelled in a year.
“One can well imagine, the time it would take to solve all the fake
certificate cases,” Bisi stated. As per the SC/ST Rules of 1980, the
Tehsildar was the issuing and cancelling authority.
However, following a Supreme Court verdict, a State-level Scrutiny
Committee was formed besides formation of a Vigilance Cell in each
department to inquire and submit report to the State-level Scrutiny
Committee.
Moreover, the Government further decided to form three State-level
scrutiny committees under the chairmanship of the each Revenue
Divisional Commissioner (RDC) to expedite the matter in 2010.
“This has actually delayed the action against the fake caste
certificate holders. We demand immediate scrapping of the State-level
Action Committee and demand the restoration of issuance and
cancellation of the caste certificate with the Teshildars as per the
Odisha Caste (SC/ST) Rules of 1980,” Bisi said.
After the fake caste certificate holders were detected, many were
suspended and the suspended people approached the High Court and
obtained a stay order. The irate tribals fumed that it is the duty of
the Government to vacate the stay order and take action against the
guilty.
Many a tribal land has also been usurped by the non-tribals and the
aggrieved tribals also demand restoration of the land to the respective
tribal landlords.
Besides the 355 fake certificate holders in Balangir district, 141
cases have been detected in Sonepur district, 204 in Bargarh, 154 in
Boudh, 896 Kandhamal, 24 in Sambalpur, five in Deogarh, 14 in Nuapada,
68 in Kalahandi, and 18 in Nabarangpur district, POAKM sources
informed.
The agitating tribals have also demanded action against Patnagarh MLA
KV Singh Deo for allegedly issuing a ST caste certificate to a non-
tribal.
They alleged that Singh Deo has allegedly issued ST caste certificate
to one Abinash Dharua, who is actually Abinash Meher and belongs to
OBC, not ST.
The reported plea of adoption of Abinash Meher by a tribal is also not
valid as the rule does not permit it. As per the Odisha Caste
Certificate (for SC/ST) Rules of 1980, a competent issuing authority
can issue caste certificate to a member of ST community by making
proper local inquiry. Caste is by birth and not by marriage or adoption
or any other voluntary conversion. Caste certificate is not a bounty to
be distributed by the competent issuing authority.
In accordance with the Hindu Adoption and Maintenance Act of 1956, in
case of valid adoption, the District Magistrate can only issue caste
certificate and no authority is allowed to issue that.
According to the Act, 78, Chapter 2 Section iii, “Where the case
relates to an adoption, the caste certificate shall be required to be
given by the Collector and District Magistrate who shall after making
due enquiries as to the validity of the adoption and as to whether such
adoption is permitted by a custom or usage applicable to the parties,
make an endorsement to that effect on the certificate. Such customs or
usage should have been continuously uniformly observed for along time
and obtained force of law among the Hindus of that family provided that
the custom or usage is certain and not unreasonable or approached the
public policy. In the case of custom or usage in respect of a
particular family, that the custom and usage has not been discontinued.
In addition, it should be verified that all other conditions for a
valid adoption including the physical transfer of the adopted person to
the family of the adoptive parents and that he has severed all ties
with the original parents are fulfilled”.
Besides KV Singh Deo, there is also allegation against the former MLA
of Titilagarh Jogendra Behera.
The maximum number of fake certificate complaints has come from
Balangir district followed by Sonepur and Bargarh districts. Whosoever
has done any illegal things in granting fake caste certificates, action
will be taken against them as per law, had been the reply of RDC
Pradeepta Mahapatra to the media persons on January 31 here to a
question on the alleged involvements of Patnagarh MLA and former
Titilagarh MLA in recommending ineligible persons.
“After verification, we have found complaints of 282 cases and out of
which inquiry report in 166 cases have been submitted while in 21
cases, the final hearing has been held,” informed District Welfare
Officer (DWO) Pradeepta Mohanty here.
The RDC has been taking all steps to solve the fake tribal case
certificate issue expeditiously, also informed an official here.
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