E-Paper
Calcutta HC bans indefinite rail blockade by Kurmi community in three states
Besides ST status, Kurmis want their Kurmali language in the Eighth Schedule of the Constitution and want Sarna, distinct from Hinduism, to be recognised as a separate religion
The Calcutta high court on Tuesday banned the indefinite rail blockade called by the Kurmi community from September 20 in West Bengal, Jharkhand and Odisha, saying that the sit-in demonstration was illegal and unconstitutional.
“The protest to be held from September 20 is illegal and unconstitutional. The members of the samaj (Adivasi Kurmi Samaj) have no vested right in blocking the roadways and railways causing inconvenience to several citizens, not only in West Bengal but also neighbouring states. They cannot be permitted to hold the innocent citizens at ransom by calling for indefinite protest,” said a division-bench of the high court comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.
The Kurmi community has called for an indefinite ‘Rail Teka-Dagar Chheka’ (rail blockade movement) at eight railway stations across Jharkhand, West Bengal, and Odisha from September 20 to push their demand of getting the Kurmi community included in the list of Scheduled Tribes (ST). The community belongs to the OBCs or Other Backward Classes.
Protesters had staged two previous demonstrations in 2022 and earlier this year over the same cause. Several important trains including Howrah-Mumbai Gitanjali Express, Mumbai-Howrah Mail, Howrah-Ahmedabad Express, Howrah-Pune Duronto Express, Howrah-Sai Nagar Shirdi Express, Howrah-Tata Nagar Steel Express and Ranchi-Howrah Intercity Express had to be cancelled.
The community has also demanded inclusion of the Kurmali language in the Eighth Schedule of the Constitution and want the Sarna, which the community says is distinct from Hinduism, to be recognised by the Constitution as a separate religion.
Followers of Sarna worship nature instead of idols. In 2020, the Jharkhand assembly passed a special resolution and sent it to the Centre, seeking a separate religion code for the tribal population.
The Calcutta high court was hearing a PIL filed by the Purulia Chamber for Trade and Industry.
“Earlier agitations have not addressed the grievances of the Samaj’s members. Therefore, can they once more resort to such an avenue, that too for an indefinite period? Petitioners are not opposing any peaceful demonstration, but are concerned about large-scale impact that the agitation would have. The Apex Court and the Gauhati High Court have held that road and rail blockades are variants of bandh. Therefore, they are also illegal and impermissible,” the bench said.
