Lok Sabha Question No. 3178 (UNSTARRED), answered on 2023-03-20
Subject: Inclusion of Lohar in ST List
Ministry: TRIBAL AFFAIRS
Asked by: Kaushalendra Kumar

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED NO- †3178

TO BE ANSWERED ON- 20/03/2023

## INCLUSION OF LOHAR IN ST LIST

## †3178. SHRI KAUSHALENDRA KUMAR:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a)  whether  under the Scheduled Castes/ Scheduled Tribes Order Amendment Act, 1976, the Hindi "Lohar" of Shasvitansh registered at number- 22 has been marked as "Lohara";
- (b)  whether it  is  because  of this  Amendment Act 48 of 2006 that the  matter has become more complicated;
- (c) whether it is under the amendment of 2006 that the Hindi translation of the English word Shasvitansh is registered as 'Lohar' in the Scheduled Tribes Order (Amendment) Act, 1976;
- (d) whether Lohar caste will be included in the list of Schedule Tribes through issuance of a clear- cut notification by abrogating Act, 48/2006 out of the banned act-11 vide notification issued by the Ministry of Tribal Affairs office memorandum dated 14/06/2016;
- (e) if so, the details thereof; and
- (f) if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFAIRS (SHRI BISHWESWAR TUDU)

- (a)  to  (f): As  per  Scheduled  Tribes  (STs)  orders  (Amendment)  Act,  1976,  'Lohara', 'Lohra'  communities  are  listed  at  Sl.  No.  22  in  STs  list  of  Bihar.  The  respective  Hindi version was mentioned as ' लोहार ',  ' लोहरा '.

In Civil Appeal No. 5483 of 2000, the Supreme Court held that 'The Court after taking notice of Article 348 (1) (b) of the Constitution of India which provides that the authoritative text of all Bills to be introduced or amendments thereof to be moved in either House of the Parliament shall be in English language came to the conclusion that the Hindi version was a translated version and the original version was the authoritative text and in the Hindi version there was some defect in translation because of which Lohar Community had been claiming the advantage of being a Scheduled Tribe when actually they were only a backward class and thus could not be given the benefit of reservation as a Scheduled Tribe…'

Later,  Hindi  version  of  Lohara  has  been  corrected  as लोहारा from लोहार vide  'The Constitution (Scheduled Tribes) Order (Amendment) Act, 2006 (No. 48 of 2006). Ministry  of  Tribal  Affairs  issued   O.M.  dated  14.06.2016  where it  clearly  mentions that  revision  of  Scheduled  Tribes  list  made  by  virtue  of  amendment  Acts  (which  also includes Act 48 of 2006) will not be affected by repealing of these Acts. Further,  the  Supreme  Court  in  Writ  Petition  (Civil)  No.  1052  of  2021  has  clearly mentioned that, 'We quash the impugned Notification. We may notice that in the impugned Notification, the direction  is  to  give  certificate  to  'Lohara',  ('Lohar')  community.  While  'Lohara'  is  a member  of  the  Scheduled  Tribe,  'Lohar'  is  not.  Therefore,  while  we  have  quashed  the notification, it must not be understood as meaning that 'Lohara' which is already included in the category of Scheduled Tribe is to be affected by this Judgment. We clarify that the quashing of the impugned Notification will be qua 'Lohar' community and the Lohara will continue to get the benefit vouchsafed for them under the Presidential Order as amended by the Acts.'

In pursuance of the above order of the Supreme Court, the State Government of Bihar vide communication dated 19/04/2022 withdrew its notification dated 23/08/2016 by which the Lohar community was accorded Scheduled Tribe status.

It is pertinent to mention that Hon'ble Supreme Court in its decision dated 28-11-2000 in case No. 652 of 2000 (Civil Appeal No. 2294 of 1986) State of Maharashtra Vs. Milind regarding order issued under Article 341 and 342 of Constitution had held which inter-alia states as under: -

'STs Order must be read as it is. It is not even permissible to say that a tribe, sub-tribe, part of  or  group  of  any  tribe  or  tribal  community  is  synonymous  to  the  one  mentioned  in STs Order, if they are not so specifically mentioned in it.'

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