Hattees of Sirmaur insist that ST status, though stayed by the High Court, offers a lifeline

Ambika Sharma in Aanj Bhoj

Hattees of the Jaunsar Bawar area (then in Uttar Pradesh and now in Uttarakhand) were granted the Scheduled Tribe (ST) status way back in 1967. On January 1 this year, their counterparts in Himachal Pradesh — the Hattee community of the trans-Giri area of Sirmaur — were notified as an ST community by the state government.

Three days later, the Himachal Pradesh High Court stayed the notification. March 18 is the next date of hearing.

In their petitions, the Giripar Anusuchit Jaati Adhikari Sanrakshan Samiti and Gujjar Kalyan Parishad had challenged the constitutional validity of the notification and questioned the justification of granting ST status to Hattees. They contended that there was no material on record to show as to why “upper caste and well-off social groups” like Khash-Khanet (Rajput) and Bhat (Brahmin) castes have been given the status of ST and why the six castes notified as Scheduled Caste have been shown as ST.

The ethnographic report of 2018, it has been alleged, was a political document created to serve the interests of Brahmins and Rajputs. Members of the Gujjar community, the only ST in the area, say they would be crowded out of the benefits like reservation in jobs and educational facilities available to them.

The court observed that “we are also prima facie of the view that mere residence in a difficult geographical area would not entitle the forward castes to claim to have the disadvantage which Scheduled Tribes suffer and claim ST status… if interim orders are not granted, tens of thousands of ST certificates would be granted, reversal of which would be difficult”.

The HC order is a setback to the Hattee community, spread across the Himachal-Uttarakhand border in areas adjoining Giri and Tons rivers.

The Hattees comprise 63 per cent of the population of the trans-Giri area of Himachal. That translates into 1.6 lakh people residing in 95 villages of 58 panchayats across the Assembly segments of Shillai, Paonta Sahib, Renukaji and Pacchad in Sirmaur district.

The close-knit community thrives by selling home-grown vegetables, crops, meat and wool in the small urban markets.

The Hattees in both states have similar social as well as cultural traditions and speak the same language. They are governed by traditional councils called ‘khumbli’, akin to the khaps of Haryana. The community does not encourage inter-caste marriages and follows a rather rigid caste system. Polyandry is a part of the culture though the trend is registering lesser acceptance among the youth.

Traditional foods include kheer, patande and askali. Animal sacrifice, folk dances and the unique attire — Thalka or Lohiya — are the hallmarks of the community.

Now put on hold, the notification added them to the list of STs in Himachal Pradesh. It comprises Gaddis, Gujjars, Kinnauras, Lahaulas and Pangwalas, besides some smaller tribes. Kinnaur is a prime example of how the grant of ST status can bring about socio-economic transformation. Several civil services’ officers hail from the district.

The interior areas of the trans-Giri area of Sirmaur face a topographical disadvantage, leading to an absence of jobs and the slow pace of development. A 97-km national highway crisscrossing the length and breadth of the area linking Paonta Sahib to Shillai and Gumma is being carved out, but life in the interior villages is yet to see any major transformation.

Agriculture and animal husbandry continue to be the main vocations. Since the size of the landholdings has been shrinking because of division of land, residents have been moving out to Paonta Sahib, Kala Amb and Nahan to eke out a living.

Though educational facilities have been given a push by opening 14 colleges in the area, majority of them offer only graduation in arts. A large number of girls from the rural area have got themselves enrolled.

Life is particularly tough for women, who have to attend to agrarian work, besides domestic chores. Bereft of any modern facility, it is firewood which lights the kitchen in several households even now. “Absence of proper roads is a deterrent to bring LPG to our doorsteps,” says Lalita, a villager.

“ST status would ensure a better life for children as well as women. They can look forward to securing jobs. It will bring economic prosperity,” quips Ranjita Chauhan from Bharli village. She also speaks of the benefits of subsidised fee for the children.

Babita Parmar, pradhan of Shiva gram panchayat, asserts that the youth will get an opportunity to surge ahead.

Absence of jobs is a key concern in Aanj Bhoj area of trans-Giri. The villagers say unemployment has been a cause of depression among the youth and cases of death by suicide are not uncommon.

Roads in several villages in the interiors are either single-lane or are yet to be concretised. This has affected transportation facilities, and children have to walk several kilometres to reach their schools. “Our children walk long distances to Nageta village for primary as well as secondary education as that is the nearest school in the vicinity,” says Ranjita Chauhan.

“Only a handful of resourceful youth manage to seek higher education. The younger generation today shies away from opting for hard work involved in farming and hence they move out for jobs in industrial areas,” asserts Satish Kumar.

From few roads to no roads, connectivity eludes several villages in the Renukaji Assembly segment. “Residents from Kyari and Dadua villages in Chhachheti panchayat of Dharti Dhar have to trudge a hill overlooking Giri river to reach towns like Renukaji. The situation worsens during rains when the children face the risk of slipping from hills. Construction of the Satuan-Chandni-Renuka road has not been taken up since 1978,” rues Som Dutt, a resident of Chandni village.

Expecting Central aid for providing road connectivity, he says, “It is lamentable that successive governments have not given serious attention to this road, which if constructed will be a boon to develop the most backward areas of Sirmaur.”

Kundan Singh Shastri, general secretary, Kendriya Hattee Samiti (KHS), a non-political organisation which spearheaded the move for grant of ST status, says, “Jaunsar Bawar, which was granted this status in 1967, saw huge developmental activity while the trans-Giri area lagged behind.” He adds that “though it was easier to attain this status in 1967, the lack of visionary political leaders who could seriously pursue the case delayed its implementation”.

On the social disparity in the region, he says the “percolation of education and availability of jobs will bring economic prosperity and gradually help in removing social evils that are prevalent in all societies”. Eleven other castes that have been left out, he says, are keen to get this status given the gains it will fetch for the people. “The most significant gain would be preservation of the rich cultural traditions.”

Shillai MLA Harshwardhan Chauhan says the ST status will enable the youth to apply for government jobs at the state and all-India level, as well as get admission in premier institutes, besides fee reduction.

Former Shillai MLA Baldev Tomar, who played a key role in pursuing the grant of ST status, says it ensures dedicated funds under the tribal sub-plan. Central schemes like Ekalavya Model Residential Schools and scholarships can also be availed.

The Lokur Committee set up in 1965 for defining ST criteria had recommended five criteria for identification — primitive traits, distinct culture, geographical isolation, shyness of contact and backwardness. This formed the basis of the ethnographic report which paved way for grant of the ST status.

Members of the Scheduled Caste and Gujjar communities have opposed the move. The SCs feel it will lead to exploitation by the upper castes like the Bhat and Khash, who have now been granted the ST status. They illustrate this by the large number of cases registered under the SC and ST (Prevention of Atrocities) Act, 1989. Their claim is, however, rejected by Ran Singh Chauhan of the KHS. He says conviction was granted in merely five of the 83 cases registered since 2015-16. In 32 cases, the accused were acquitted.

The Gujjars say the Registrar General of India had not found favour with the proposal thrice. For the Hattees, though, the grant of ST status is nothing short of a lifeline. It remains a divisive issue.

Demand for ST status

• The initial exercise began in 1979-80 during the tenure of BJP’s Shanta Kumar as Chief Minister. The ST panel recommended grant of ST status to residents of trans-Giri in Sirmaur.
• In 1993, the Vidhan Sabha’s Representation Committee was constituted. It surveyed the trans-Giri area and presented a favourable report to the Union government.
• In 2011, members of the Hattee Samiti met the then Prime Minister Manmohan Singh and the Tribal Affairs Minister as well as the Registrar General of India (RGI). They were led by Shimla MP Virender Kashyap.
• In 2013, an ethnographic survey was conducted by Himachal Pradesh University’s Tribal Research and Study Institute.
• Their cause got an impetus when Rajnath Singh, the then BJP national president, announced to grant ST status during the election campaign in 2014 in the district.
• In 2016, the report was sent by the then Virbhadra Singh-led government to RGI in 2016. The proposal, however, did not find favour with the Centre as the ethnography report supporting it was termed inadequate. An ethnographic study involves the systematic study of people in their natural environment to comprehend their way of life, including how they see and interact with the world around them.
• Undeterred by the slew of queries, the members of Kendriya Hattee Samiti (KHS) assiduously pursued their agenda and met Prime Minister Narendra Modi in 2017.
• In a bid to give another push to the issue, a nodal agency was set up by the Jai Ram Thakur-led BJP government in 2018 for carrying out research on the issues relating to the tribals. The agency collected corroborative data from the field and prepared another ethnographic survey report.
• It was on January 3, 2022, that representatives of the Hattee community once again met the RGI in Delhi under the leadership of Shimla MP Suresh Kashyap.
• Yet another team met Union Home Minister Amit Shah in Delhi on April 24, 2022. With the Vidhan Sabha polls round the corner, the BJP was keen to abide by their hitherto unfulfilled promise of 2014.
• It was on September 14, 2022, that the Union Cabinet approved a constitutional amendment for granting two lakh Hattees from 154 panchayats of the trans-Giri area the ST status.
• The Bill received the President’s assent & was notified in the Union gazette in Aug 2023.
• January 1, 2024: HP government issues notification granting ST status.
• January 4: HP High Court stays the notification.