Understanding the Kudumi & Mahato Communities as Primitive Tribes

Akhilesh Shrivastava, Advocate & Activist briefly explains why Kudumi & Mahato community of Jharkhand, Odisha and Bengal are primitive tribe. He also explains about the ongoing court cases regarding inclusion of the Kudumi community in the Constitution (Schedule Tribes) Order 1950 issued in exercise of the powers conferred by clause (1) of article 342 of the Constitution of India.

Their exclusion is in gross contrast to Notification No.550 published in the Gazette of India, May 3, 1913 read with Notification No. 3563 – J, dated 8th December, 1931 under the Authority of Secretary to Government J A Sweeney, inasmuch as the omission of the same from the Constitution (Schedule Tribes) Order 1950 has been the gross infringement of their fundamental rights as enshrined in Article 14, 15, 16, 19, 21, 25, 26, 29, 30 and also Article 300A of the Constitution of India. They have been further deprived of the benefits of reservation in education and employment as tribes or sub-tribes and also led to alienation of their land rights.

At least 25 lakh people of the community are residing in eight districts of Odisha.Despite several rulings of the Patna High Court in favour of according ST status to Kudumi/Mohanta, the community was delisted due to political conspiracy in 1956.

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