Blocking tribals’ pathway an offence under SC/ST Act: Madras High Court

Justice SM Subramaniam issued the ruling while hearing a petition moved by G Subhaiyan, who sought a direction to remove an obstruction made by the Nilgiris Tea Estate Ltd in Melur village in the estate land.

The petitioner said that the customary path used by the tribes, small tea growers and local public for many years was closed by the estate management as it passes through the estate.

“The tribe villages and small tea growers in Manjacombai – Kullakamby villages have this only pathway to go out for their needs. We have been using the cart track for many decades. Though the path passes through various individual lands, no one has stopped us. However, the obstruction made by the estate is causing heavy loss to small tea growers. Tribes are also suffering from that,” the petitioner submitted through his counsel K Mayurapriyan.

Hearing this submission, the judge ruled that preventing the tribes from using the cart track would attract the provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, under various sections, sub-sections, and clauses.

“The tea estate company is in control of the portion of the cart track, which is being used by the tribes of that locality. Thus, the estate management is locking the gates, and without the permission of locals, the cart track cannot be used by others. Preventing the primitive tribes to have access to their village, which is otherwise under their usage for several decades, the said conduct of the estate management would be an offence, falling under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,” the judge said.

The court then The Nilgiris Collector, District Revenue Officer, Udhagamandalam, RDO, Coonoor, and Tahsildar, Coonoor, to remove all fences and gates erected by the private tea estate within a week.

“If anyone restricts the tribes, small tea growers and the public of the village from access to the road, then all appropriate actions are to be initiated by the competent authorities,” the court directed.

“The cart track runs from Sengutarayan Malai lease village to Manjacombai-Kullakamby main road. The cart track also passes the private estate and reaches the Manjacombai-Kullakamby main road. It is the only way to reach them by vehicle. However, the estate owner has erected gates road and prevented people from using it,” the petitioner submitted. He added that the estate management did not honour the oral assurance to open the gate.