APPEAL TO ISSUE CASTE CERTIFICATE & PRIVILEGES TO MIGRANT SC/ST COMMUNITIES SETTLED IN MAHARASHTRA AS DOMICILE.

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    Union Government of India/National SC-ST Commission/State Governments.
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    Migrant SC/ST's of Tamil Nadu.
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THE BOMBAY SOUTH INDIAN ADI-DRAVIDA MAHAJANA SANGH (REGD)(ESTABLISHED IN 1939 AND REGISTERED UNDER SOCIETIES REGISTRATION ACT 1890 AND THE BOMBAY PUBLIC TRUST AT.1950)NO.10, AGASWADI, DHARAVI, MUMBAI 400 017


REF NO.AD/MUM/02/06-21
Feb 21, 2006

To,
Dr.A.P.J.Abdul Kalam
The President of India
Rashtrapati Bhavan
New Delhi - 110 004, India

To,
The Chairman,
National Commission for SC&ST,
5TH floor, Lok Nayak Bahavan,
New Delhi 110011, India.

To,
Dr. Manmohan Singh
Prime Minster of India
Prime Minster's Office, South Block
Raisina Hill, New Delhi 110 011, India.

To,
The Honorable Minister,
Social Justice & Empowerment,
Room no. 250, A wing.
Shashtri Bahavan, New Delhi. India

To,
Parliament Committee for Welfare of SC & ST
137, parliament House, New Delhi 110001
India.


To,
Justice A.S. Anand
Chairperson, National Human Rights Commission
Sardar Patel Bhavan
Parliament Street, New Delhi 110001, India.


.




Dear Sir or Madam:

SUB: - APPEAL TO ISSUE CASTE CERTIFICATE & PRIVILEGES TO MIGRANT SC/ST COMMUNITIES SETTLED IN MAHARASHTRA AS DOMICILE.

REF: -1) ORDER NO. B.C.16014/1/82/SC&BCD-1 DATED 18TH NOV.1982 FROM MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI.
REF: -2) ORDER NO. B.C.16014/1/82/SC&BCD-1 DATED 22ND FEB. 1985 FROM MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI.

Dear Sir/Madam,

We, the members belonging to the Scheduled Caste communities namely Adi dravida, Arunthathiyar, Chakkilyan, Devandrakulathan, Pallan, Pariyan, Parayan, Sambavar, Paravan, Samban, Thoti, of Tamil Nadu permanently living & domicile of Maharashtra would like to bring to your kind notice the following

1. The people belonging to the above said communities have migrated to the state of Maharashtra with historical proof of more than 100 years ago due to social circumstance and discrimination by other communities in the Hindu Caste system prevalent during those times. As a domicile in the state of Maharashtra, we as a permanent law-abiding citizen are exercising the rights such as voting in Municipal elections, Assembly election and Parliament election etc. in the state of Maharashtra.We have the privilege to vote but are denied the privileges to contest the elections for seats reserved for SC/ST community in Assembly as well as Parliament elections.


2. An Indian remains an Indian in all the Indian states where he migrates for education, for work or as permanent resident. Nevertheless, a fellow SC/ST ceases to belong to SC/ST community, once he crosses the borders of the state of origin. In spite of being a law abiding and domicile of the migrated state for more than five decades, we are denied our basic rights and compelled to loose our distinct identity.


3. Though we have migrated from one state to other, our social status and living conditions remain unchanged and are subjected to continuous discrimination from the other upper caste societies even today in various walks of life. Our people in Maharashtra remain in the bottom most ladder of the society. However, the benefits of reservation as guaranteed by article 16(4) of our constitution, which is a basic right for fellow SC/STs is not available to us, as the state of Maharashtra does not provide reservations in Educational institutes and Government appointments to these communities in Maharashtra.


4. The caste certificate issued by appropriate authorities of Tamil Nadu Government is not being accepted in Maharashtra for seeking admission in Educational institutes and contesting elections in reserved constituency, though we are domicile of Maharashtra for years. Though we belong to the SC/STs communities, the person born in Maharashtra of our community are also not being issued community certificates, which shall enable them to get the privileges enshrined in the constitution. Similarly, when we have approached the Government of TamilNadu for seeking admission in Educational Institutes or for employment opportunities, our claim is being rejected on the grounds that this individuals belonging to these communities have domiciled in states out side Tamil Nadu (i.e. Maharashtra.), though our origin is from Tamil Nadu.

5. Under these circumstances the socially deprived communities of Adi dravida, Arunthathiyar, Chakkilyan, Devandrakulathan, Pallan, Pariyan, Parayan, Sambavar, Paravan, Samban, Thoti, belonging to Scheduled Castes living in Maharashtra are deprived of the constitutional rights conferred for up-liftment of these communities.


6. Thus, the social philosophy of the constitutions that gave special privileges to millions of Scheduled Caste and Scheduled Tribes in the form of discriminatory preference is denied to us, which is a blatant denial of the basic rights.

7. Many individuals and pressure groups have represented these discrimination to the Government of India, National Commission of Scheduled Caste and Scheduled Tribes, Government of Maharashtra, Government of Tamil Nadu and to the honorable Members of Parliament from both the states, in the past but all in vain.

We further like to recall the assurance given by the then Honorable Union Labour Minister Shri. Ram Vilas Paswan that the Government is prepared to bring legislation to amend the constitution to ensure the reservation meant for Scheduled Caste and Scheduled Tribe is available to them even when they migrate to other state than the place of birth.

In addition would like to quote the excerpts recent Supreme Court judgments

(2005) 3 SCC 1-A; (2005) 3 SCC 1-B; (2005) 3 SCC 1-C. quote
The Supreme Court has held that a state or Union Territory cannot deny the reservation benefits to migrated SC, ST and OBC candidates, and dismissed an appeal by the Chandigarh Administration against certain persons of these categories from neighboring areas. Neither could the migrating states deny issuing of the SC, ST and OBC certificate to a candidate belonging to these categories on production of the genuine proof, a Bench comprising Mr. Justice Brijesh Kumar and Mr. Justice Arun Kumar said. The court said the Union Government in its February 22, 1985 circular had made it clear that a ST and SC candidate of any other state or Union Territory was entitled to the benefit of reservation in jobs in the same manner as was available to them in the state of origin before migrating to the state in question. Unquote

Apart from the above, a sizeable number of migrant Scheduled caste and Scheduled Tribes are living in Maharashtra State for more than 50 years with a history of them having migrated more than 100years. The Government of Tamil Nadu has requested the Government of Maharashtra vide their letter no 13569/ADW.II/97-3, dated 23/4/1998 in this subject to issue community certificates in Maharashtra taking into account of the individuals fathers community certificate issued by appropriate authority by Government of Tamilnadu.




A reminder letter for the same has also been sent by Government of Tamil Nadu in the same subject vides letter no. 4053/ADW-II/99-3 dated 23/8/99.

Interesting thing in all this episode is the Scheduled Caste of Maharashtra i.e. Chamar, Muchi, Sambavar, Samagar having their origin in Maharashtra are already included in Scheduled Caste list of Tamilnadu and as such enjoy the facilities made available to the above community people of Maharashtra domicile in Tamil Nadu.

Now the REF:- 1) per the orders No. BC 16014/1/82 SC & BCD-1 issued by Govt. of India, Ministry of Home Affairs, New Delhi dated 18th November, 1982 (Copy enclosed) addressed to all the Chief Secretaries of the State Government/Union Territories, the State Governments may issue the SC/ST certificates to a person who has migrated from another state on the production of a genuine certificate

issued to his father by the prescribed authority of the State of father's origin. The facility does not alter the Scheduled Caste/Scheduled Tribes status of the persons in relation to the one or other state.

Then Govt. of India, Ministry of Home Affairs issued another letter no. No. BC 16014/1/82 SC & BCD-1 dated 22.2.1985 substituting the earlier letter dated 18.11.1982 mentioning that: Scheduled Caste/Tribe person who has migrated from State for the purpose of seeking education, employment etc. will be deemed to be a Scheduled Caste/Tribe of the State of his origin and will be entitled to derive benefits from the State of origin and not from the State to which he has migrated.


This provision is contradictory as the both the Sate of origin i.e. Tamil Nadu & the state of domicile i.e. Maharashtra do not provide the privileges to the members belonging to the Scheduled Caste communities namely Adi dravida, Arunthathiyar, Chakkilyan, Devandrakulathan, Pallan, Pariyan, Parayan, Sambavar, Paravan, Samban, Thoti, of Tamil Nadu permanently living & domicile of Maharashtra for reasons cited in point no.4 in this draft letter.

Despite the efforts taken by various organization and individuals for many years the above problems remains unsolved and members belonging to these migrant SC/ST communities continue to be deprived of their rights provided by the Constitution of India.

In view of the foregoing, we have no option other than to pray your good offices for un-doing the injustice meted out to the Scheduled Castes & Scheduled Tribes who have migrated to Mahrashtra from Tamil Nadu. We are sure that the intervention of your Excellency will bring justice to these people so that they enjoy their fundamental rights in terms of Civil, Political, Cultural & property guaranteed by our Constitution.

We thank you for your continual service and support to the just social causes of the downtrodden masses.

Thanking you.
Warm Regards,
A.Ravichandran 9892517973 & Punithan M. - 9821712907
(Coordinators Task Team)