Today, On 17th December, The Calcutta High Court issued an order restraining a tribal body from blocking national highways and railway tracks in protest of their demand for reservation. The court emphasized the importance of maintaining public order and preventing disruptions to essential services. The tribal body had been staging protests, claiming the need for affirmative action in government jobs and education.
Kolkata: The Calcutta High Court prohibited a tribal organization from blocking national highways or railway tracks in their demand for inclusion in the scheduled tribe category.
The court noted that the representation involves a significant number of people and suggested that the government consider their request and, if possible, engage in discussions with the organization’s members to resolve the issue.
A division bench led by Chief Justice T.S. Sivagnanam issued the injunction against the proposed agitation, which was set to begin at 6 AM on December 20.
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The bench, which included Justice Hiranmay Bhattacharyya, stated,
“If there is any violation of this order, the state government is authorized to take appropriate legal action against individuals who disregard the directives.”
A public interest litigation (PIL) submitted to the court noted that an unregistered organization, Bharat Jakat Majhi Pargana Mahal, plans to hold an agitation demanding the establishment of a Santhali medium education board and their inclusion in the scheduled tribe category.
The respondents’ lawyer presented a copy of a representation dated October 30 addressed to the West Bengal Chief Minister, outlining their demands. This representation also warned of an indefinite agitation involving thousands of tribal members if their requests were not addressed by December 15.
Additionally, they submitted a notice to the National Highway authorities, threatening to block National Highway 16 indefinitely starting December 20.
The court remarked that the demands essentially pertain to policy matters, particularly the inclusion of a community as a reserved category in the Constitution. The bench emphasized that the court cannot compel the government to create policy in a specific manner.
The case revolves around a tribal body in West Bengal that has been staging protests demanding reservation in government jobs and educational institutions. The group has been blocking national highways and railway tracks as part of their agitation. In response to these disruptive protests, the Calcutta High Court intervened, citing the need to maintain public order and prevent significant disruptions to essential services.
The court’s ruling aims to address the demands of the tribal community while ensuring that public infrastructure and transportation are not hindered. The matter has been significant in the broader context of reservation policies and the right to protest.
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