Research › Browse › Judgment

Kerala High Court · body

1986 DIGILAW 363 (KER)

PANAN ASSOCIATION v. STATE OE KERALA

1986-10-10

SUKUMARAN

body1986
Judgment :- 1. Panan community is a scheduled caste, notified as such, under the Scheduled Castes and Tribes Orders (Amendment) Act, 1976. A recognition as a member of the scheduled caste carried with it many benefits. Such benefits include those provided under the Constitution, intended for the uplift of the oppressed sections of the society. 2. Petitioners 2 and 3 claimed that they belong to the Panan community. They applied to the 3rd respondent for a certificate to that effect. They are aggrieved that the certificate sought for has not been issued; they apprehend that they may not get the certificate in view of the stand taken by the Government in its communication Ext. P2 dated 30-5-1986. 3. The 1st petitioner is the 'Panan Association', Trivandrum, represented by its Secretary N. Subramania Pillai. It seeks to espouse the common cause of the members of the Association. It had submitted a representation to the Chief Minister of the State on 18-8-1982, detailing the difficulties in obtaining community certificate. By Ext.P1, the 1st respondent was intimated about the inability of the Government to do anything on the matter till the disposal of a writ petition O.P. No. 5336 of 1983 pending before the High Court. 4. On .6-7-1984, the Director of Scheduled Caste Development Department had sought clarification about the entitlement of the group of Tamil speaking communities in Trivandrum, to the benefits of Scheduled Castes. Ext.P2, Government letter gave the clarification. It pointed out that persons residing in Trivandrum and speaking the Tamil language styled as Panans, are only 'pandi vellalas', a sect of the Vellala community, and that they have no connection whatever with the 'Panans' included as a scheduled caste in the Kerala State. 5. The petitioners challenge the correctness of Ext.P2. They also seek a declaration about their eligibility for benefits due to a scheduled caste. 6. The very competence of the Kerala Institute of Research, Training and Development Studies of Scheduled Castes and Tribes 'KIRTADS' to conduct an enquiry is questioned. It is urged that no discrimination is possible between Panans merely on the basis of the language spoken by one group. Reliance is placed on the census reports of 1931 and 1961, the guidelines Ext.P3 issued by the Government on 12-2-1986, and Exts.P4 and P5 communications received by the 1st petitioner from the Government of India. 7. It is urged that no discrimination is possible between Panans merely on the basis of the language spoken by one group. Reliance is placed on the census reports of 1931 and 1961, the guidelines Ext.P3 issued by the Government on 12-2-1986, and Exts.P4 and P5 communications received by the 1st petitioner from the Government of India. 7. It is not as though the Government suddenly and unreasonably passed an order denying benefits really due to a group of persons. The correct social position and status of persons claiming to be Panans in Trivandrum city had been the subject matter of a detailed investigation by the Government. When the controversy was forcefully raised, the Government did direct a detailed enquiry to be conducted in the matter. There is a reference to such a detailed enquiry in the communication Ext.P2 addressed to the 1st petitioner, the Panan Association, Trivandrum. The report is based on an enquiry by the competent body 'KIRTADS'. The findings were that Tamil speaking 'Panans' of Trivandrum had no connection with the scheduled caste 'Panans', that they are only a sub-sect of the Vellalas, and that they do not come with the Scheduled Caste Panans as provided in the Constitution and the Scheduled Castes and Tribes Orders (Amendment) Act, 1976. No material has been produced to establish that the findings of the 'KIRTADS' or the order passed by the Government based on that is in any way unsupported by materials or opposed to the materials and evidence obtained during the enquiry by the 'KIRTADS'. In a State like Kerala, where confusing caste names exist, there is a plain duty on the part of the State to identify the persons who really come within the enumerated scheduled caste/scheduled tribe. The report has not been placed before the Court. As to what are the materials obtained during the enquiry and the considerations which weighed with 'KIRTADS' are not indicated. 8. There is no substance in the contention that 'KIRTADS' does not have any competence to conduct an enquiry into the matter. The Government is entitled to obtain expert advice on any matter on which it has to take a policy decision or issue an administrative order. It is well-known that Anthropological knowledge is relevant in the formulation and execution of the policies of the Government. And 'Applied Anthropology is the research specially oriented to administrative and development problems. The Government is entitled to obtain expert advice on any matter on which it has to take a policy decision or issue an administrative order. It is well-known that Anthropological knowledge is relevant in the formulation and execution of the policies of the Government. And 'Applied Anthropology is the research specially oriented to administrative and development problems. There are situations where Government may seek the services of Anthropologists. These ideas are gatherable from the views expressed by social scientists like Daryll Forde, Margret Mead and others. 9. In a country of such diversity as India there is bound to be boundless confusion about the caste names and community titles. It should certainly be the anxious consideration of the State Government that no person or group of persons is permitted to virtually wreck the scheme of reservation as provided under our Constitution. A member of the community far advanced in social position, and enjoying benefits as such generations after generations, cannot be permitted to deprive those who really belong to the oppressed sections, of their valuable rights of protective discrimination. A constant vigil is essential to protect the otherwise helpless and the uninfluential sections of the society. Whether a person or a group of persons belong to a specific scheduled caste community, is to be adjudged on the basis of a scientific study. Anthropological studies are relevant and indispensable in situations of competing and controversial claims. The Supreme Court of India and the High Courts have accepted and acted upon anthropological studies, while ultimately determining the real community of a person or a group. It is unnecessary to refer to the numerous decisions where anthropological studies have been relied on by this Court in the disposal of the case raising the question of caste or community. 10. Ext. P3 order passed by the State Government is only a general order dealing with the problems of the persons who are really scheduled castes, but had migrated from another State. The letter referred as the 6th paper in that order indicates that it was issued in the context of persons settled in three taluks of Idukki District. This order does not stand in the way of Government taking a policy decision based on scientific study about a group of persons in Trivandrum claiming the status and attendant benefits, of the scheduled caste 'Parians'. This order does not stand in the way of Government taking a policy decision based on scientific study about a group of persons in Trivandrum claiming the status and attendant benefits, of the scheduled caste 'Parians'. That order itself states that doubtful cases should be referred to the Director of Scheduled Caste/Scheduled Tribe Development Department. 11. The communications Exts. P4 and P5 issued by the Government of India are only general in character and furnishing clarification of the Presidential Order and the Act. The essence of the clarification Ext. P4 is about the effect of migration from one State to another. Ext. P5 is similarly a general older stating what is even otherwise obvious; in essence it only says that Panans of Kerala and those in Kanyakumari District and Shenkotta Taluk of Tirunelveli District are included as scheduled castes. It is significant that Kanyakumari District and Shenkotta Taluk formed part of the former Travancore-Cochin State. The fact that Panans of Tamil Nadu do not come within'scheduled castes' has also considerable relevance in that context. 12. That there exists substantial difference between 'Pandi Vellalas' and 'Panans', is fairly established by authoritative texts and studies. Edgar Thurston and Ananthakrishna Iyer have given their useful views way back in 1909. Reference has been made to the proficiency of Panans in making the indigenous umbrellas (in the districts of Cannanore and Calicut) and their artistic accomplishments in making dance-dresses (Thaiyam Kettal and Thera Kettal). On the other hand, 'Vellalas', 'Pandi Vellalas' and 'Paadi Sudras' belong to a distinctly high social order. Officiating at the crowning ceremony of the Pandian Kings, expertise in the art of palace decoration and palace arts, stitching and embroidering the royal costumes, and serving the rulers in their palaces were some of the activities of the members of that community. Pandi Vellalas were persons close to the corridors of power, intimate with the rulers and enjoying their patronage. This group is distinctly different from those who belong to the lowest strata of the Society, who had to keep long distance away from the rulers of the times, due to the rules of pollution. Quoting the Jaganathan Buncan (Asiatic Researches) of 1805, J. H. Rutton in his book 'Caste in India' noted: "A Malayan (i. e.panan, exorcist basket maker) must remain 3 or 4 paces farther;... Quoting the Jaganathan Buncan (Asiatic Researches) of 1805, J. H. Rutton in his book 'Caste in India' noted: "A Malayan (i. e.panan, exorcist basket maker) must remain 3 or 4 paces farther;... A panan may approach but not touch Thiyar, pulayan must not even approach a panan." Whereas Panans use to bury their dead, Vellalas use to cremate the bodies. Among the Vellalas marriage with the sister's daughter was a prevalent custom. Consistent with their close contact with the Rulers, they could certainly own properties, even in the Trivandrum city. This was almost an impossible feat for a Panan to perform. It is well known that the lower castes were not allowed to inhabit the main streets of the city. Using the suffix 'Pillay' for the males and 'Ammal' for the females was alien to a scheduled caste. Cleanliness in their dress and in the house, and the striking difference in the social behaviour would be distinguishing features between the Panans belonging to the low social order and the Vellalas. 13. The Census Reports of Nagamaiya (noted for their scientific approach), as early as in 1875,1881 and 1891 contain useful information regarding the social habits and status of Vellalas and the sub-sects around Trivandrum. This background information available from historical treatises, census operations and other publications have to be borne in mind while evaluating the claim of the petitioners in this case. It will be sad subversion of the scheme of Constitutional protection, if those who were beneficiaries of regal favours and had advanced in social life are permitted to snatch away benefits intended for the umbrella-makers kept far away from public places and public streets lest they should pollute those higher in the social set up. 14. The Government's decision based on a report submitted after a detailed and scientific study, cannot be ordinarily interfered with in proceedings under Art.226 of the Constitution, in the absence of convincing and compelling reasons. 15. In the light of the foregoing discussions, there is no scope for interference with the impugned order Ext.P2. Nor is there any justification for the issue of any writ to compel the State Government to recognise petitioners 2 and 3 or other similarly situate as scheduled castes. If those petitioners have any genuine claim, it can be subjected to a study by the 'KIRTADS', and appropriate orders obtained. Nor is there any justification for the issue of any writ to compel the State Government to recognise petitioners 2 and 3 or other similarly situate as scheduled castes. If those petitioners have any genuine claim, it can be subjected to a study by the 'KIRTADS', and appropriate orders obtained. The dismissal of the writ petition will not preclude such an examination or enquiry. The writ petition is dismissed.