The Supreme Court on Friday dismissed a plea seeking nationwide inclusion of the ‘Are-Katika’ (Khatik) community in the Scheduled Caste (SC) list, reiterating that only Parliament holds the authority to make such changes. A bench comprising Justices B.R. Gavai and Augustine George Masih firmly stated that the judiciary has no jurisdiction in altering the SC list, emphasizing that the matter has been conclusively settled by multiple previous judgments.
“How is such a petition tenable? The issue is concluded by so many judgments of the Supreme Court… We can’t even make an alteration. We can’t add a comma,” remarked Justice Gavai, underscoring the constitutional limits placed on the judiciary in such matters.
The plea, filed by the Telangana State Are-Katika (Khatik) Sangh through advocate Sunil Prakash Sharma, argued for uniform recognition of the community as Scheduled Caste across all Indian states. Currently, the Are-Katika (Khatik) community is listed as a Scheduled Caste in states like Haryana, Delhi, Uttar Pradesh, Bihar, Rajasthan, and Gujarat. However, in several other states, the community is classified under the Other Backward Classes (OBC) category.
The petition highlighted the complications arising from these differing classifications, particularly affecting individuals who move or marry across state lines. It cited an example where a woman from the community, upon marrying into a state where the community is not recognized as SC, loses her Scheduled Caste status, leading to legal and social disadvantages.
Referring to Articles 341 and 342 of the Constitution, the plea acknowledged that SC and Scheduled Tribe (ST) lists are state-specific but argued that the social customs and practices of the Are-Katika community remain consistent across India, justifying their inclusion in the SC list nationwide.
However, the bench reiterated that such changes fall solely under Parliament’s jurisdiction. “The High Court also does not have any jurisdiction. It is only the Parliament which can do it. It is so well-settled. Nothing can be changed,” Justice Gavai asserted, adding a cautionary note, “You know what happened in Manipur,” referencing the sensitive nature of community-based classifications and their socio-political implications.
Following the court’s observations, the petitioner chose to withdraw the plea with the intention of exploring alternative legal routes, though the bench made it clear that no judicial forum could grant the relief sought.
