User:Wikiki90/sandbox

Niari is a caste in [Orissa] where the main occupation of the community is preparing flattened rice. They are mostly engaged in agriculture as they own large lands. This section of community doesn't fall under kaibarta. They are never involved in fishing activities. So they doesnt come under Dhibara caste. They totally form a different community though making flattened rice is a part of their living.

Modern Era:

In 1980, petition was filed against this caste to make it as SC but then Govt rejected their plea as they are not considered under Dhibara caste.

In 49 (1980) CLT 47 (supra) it has been authoritatively pronounced that in Orissa 'Kaibartas', 'Keutas', 'Dhibaras' are synonymous to 'Dewar community which is included in the Scheduled Caste list. From Purnachandra Oryia Bhashakosh and from ail annexures as mentioned above, it is clear that though the "Niari" communities' occupational activities is "Chudakuta". "Mudhibhaja", but they are a caste of 'Keuta' or 'Kaibarta' which caste is synonymous to that of 'Dewar' and therefore such community comes within the Scheduled Caste list as per the Presidential order In our opinion, the petitioner is entitled to be issued with a Scheduled Caste Certificate as he belongs to "Niari" community which is a sub-caste of 'Keuta' which has already been declared as synonymous of 'Dewar' by judgment pronounced in 49 (1980) CLT 47 (supra).

In 1989, Govt of India declared this caste as GC and rejected their plea for reservation. A return has been filed by the State. In paragraph-3 of the counter affidavit it has been averred that: (http://www.indiankanoon.org/doc/1766850/)

"............It has been seen from the Record-of-Rights of the Tahasil that caste "Kaibarta" has been recorded against some individual tenants and Niari against some other individual tenants. So the Kaibarta and Niari are two completely different castes having different occupations. The caste Niari has not yet been included in the Orissa Scheduled Caste list. The clarification issued by the Government vide letter No. 25943/HTW dated 22-8-1989 from joint Director-cum-Deputy Secretary to Government, H. & T. W. Department Orissa, Bhubaneswar does not show that Niari is a sub- caste of caste Kaibarta as claimed by the petitioner. In forming a general opinion it is seen at this place that there are some persons belonging to different castes are also occupying the profession of "Chudakuta" and "Mudhibhaja" and also fishing with their own nets. But certainly they are not Kaibarta, Keuta or Dhibara. Therefore Niari cannot be treated as Dewar".

So, the Niaris doesn't belong to Kaibarta community or keuta community. They are not included in SC/ST list. Their origin have descended from khsatriya and they have been moved from the govt offices to the local business.

Govt of India has denied their inclusion in SC/ST list as it belongs to General caste and they are not included in Kaibarta/keuta. Kaibarta/Keuta are lower caste and have been identified as SC under Govt of India. But Niari/Nyayari belong to upper caste whose occupational activity was running local business like sugar mills, mines and making flattened rice and they don't belong to keuta community.