#### Clarification Sought on ST Eligibility

Udaipur. Member of Parliament Dr. Mannalal Rawat has written to Union Law Minister Arjun Ram Meghwal, seeking a clear constitutional interpretation regarding the eligibility of individuals who were recorded as Hindu in the 1951 Census but mentioned a different religion in subsequent censuses, while still availing benefits of the Scheduled Tribe (ST) category.

Dr. Rawat stated that the Government of India has identified five parameters for recognizing Scheduled Tribes — primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness. As per Article 342 of the Constitution, these criteria form the basis for granting ST recognition. Among these, distinctive culture holds utmost importance because it is intrinsically linked with belief, customs, traditions, and deities. When these core cultural elements change, the foundational identity of a tribe member ceases to exist.

The MP highlighted that several individuals and groups who had recorded their religion as Hindu in 1951 later designated themselves under “Other Religion and Persuasion (ORP)” or adopted another religion in subsequent censuses. This shift, he noted, indicates a cultural transformation that separates them from the essential characteristics of Scheduled Tribes—particularly the criterion of distinctive culture.

Despite this cultural divergence, such individuals continue to be treated as STs and receive constitutional rights and benefits under welfare schemes. Dr. Rawat stated that such cases have surfaced in many states, including Rajasthan. Within his own parliamentary constituency, similar instances have been identified in villages such as Pai (Girwa block), Kagdar (Rishabhdev block), and several other locations.

He further referred to important judicial precedents, including the Supreme Court judgment in Kerala State vs. Chandramohanan (AIR 1972) and the Gauhati High Court ruling in Ivalengki E. Rymbai vs. Tribal Hills (2006), where the courts addressed issues relating to cultural change and tribal identity.

Dr. Rawat has urged the Union Law Minister to issue constitutional clarity on whether individuals who mark a religion different from the one recorded in the 1951 Census should automatically cease to qualify for the ST category due to religious and cultural transformation. He added that the Registrar General and Census Commissioner of India possess detailed 1951 Census records that can help identify such cases.