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TURUPUKAPU COMMUNITY – REMOVAL OF DISTRICT

RESTRICTIONS AND EXTENDING THE BENEFITS
THROUGHOUT THE STATE

The General Secretary, TurupuKapu Vidhya Vijnana Sanskema

Sangham Hyderabad, submitted representation to recognize TurupuKapus
residing in Andhra Pradesh as Backward Class by removing the District
restrictions. It was represented that TurupuKapus are about 30 lakhs
population in Andhra Pradesh. They are socially, educationally, economically
and politically backward. They are under educated eking out their livelihood
as agricultural labourers, hamalies, car and auto drivers and they are
employed in other occupations which are inferior, unclean, undignified and
unremunerative. Anantharaman Commission recognized TurupuKapu
community as a Backward Class and recommended for inclusion in the list of
Backward Classes and they were included at S.No.30 under Group – D. but
the area of operation was confined to Vishakapatnam, Vizianagaram and
Srikakulam Districts only. It was further represented that TurupuKapus from
these three Districts migrated from time to time to other areas in Andhra
Pradesh in search of their livelihood as they were backward. The people who
migrated to other parts of Andhra Pradesh could not secure their certificates
to avail the benefits. On their representation made to the Government, the
Government of Andhra Pradesh issued instructions to the revenue officers not
to insist for production of migration certificates and issue caste certificates by
conducting inquiry.

TurupuKapus are different from Kapus. TurupuKapus are subject to

social custom of divorce and remarriage among their women whereas such
practice is not in vogue in Kapus. Social custom of divorce and remarriage
among their women is the touchstone for TurupuKapus. High Court of Andhra
Pradesh in a writ petition observed that when people migrate from one place
to another in search of better avenues, their caste remains the same. In
substance, when TurupuKapus migrate from one place to another, their caste
remains the same. TurupuKapus who are migrated to other parts find it
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difficult to secure caste certificates by virtue of the restrictions imposed in

G.O.Ms No. 1793 Education (Dept) Dated 23-09-1970. TurupuKapus residing
in other areas find it difficult to obtain caste certificates and hence the
Association prayed for the removal of District restrictions.

The Commission in its meeting held on 22-03-2006 resolved to

examine their representations and to issue notification calling for
representations, suggestions and objections and accordingly a notification
was issued on 31-03-2006. In response to the notification, the Hyderabad
TurupuKapu Association submitted representation contending that the
reservation facilities of TurupuKapus are restricted to the three districts only.
Although they were natives of those districts and were compelled to migrate
to other places, their social custom of divorce and remarriages among the
women continued to be the same. They are living separately on the canal
bunds and road margins in unhealthy and unhygienic conditions which are
deplorable. They are working as agricultural labourers, coolies, rickshaw
pullers, jattu workers, hamali workers, domestic servants and workers on
daily wages. They also represented that the High Court of Andhra Pradesh
observed that a person born in a particular community retains his caste
irrespective of his place of residence. They prayed for the amendment of the
G.O. to confer benefits to all TurupuKapu caste people residing in the entire
state of Andhra Pradesh.

Sri V.S.Seetaram, Vice-president A.P.Rashtra TurupuKapu Vidya

Vignana Abhivruddhi Sangham, Eluru also represented the above facts and
prayed for removal of district restrictions. Several affidavits and
representations from Sri Vanama Venkateswara Rao, Minister for APVVP &
Hospital Services, Karanam Dharmasree, MLA, Madugula constitutency, Ch.
Ayyanna Pathrudu, Narsipatnam constitutency, P. Mangapathi Rao, MLA
Uttarpally constituency, Karriseetaram, (Ramu) MLA, Bhimunipatnam, Smt.
Padala Aruna, MLA, Gajapathinagaram constituency, Kondapally Pyditally
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Naidu, M.P., Bobbli Parliament, Vizianagaram District and others have made
similar request.

In pursuance of the notification dated 31-03-2006 which was published

in A.P. Gazette on 13-04-2006, public hearing was held on 23-05-2006 in the
Conference Hall of the Commission. During the hearing, Sri Vaddapally
Satyam Naidu, President, TurupuKapu Sankshema Sangham, Hyderabad
appeared before the Commission and represented that TurupuKapu people
have migrated to other Districts to eke out their livelihood and spread over in
all the districts of Andhra Pradesh. The persons who migrated to other
Districts are not in a position to secure their caste certificates. K.S. Murthy,
Gen. Secretary of their Association also represented the difficulties faced by
the persons who are migrated to produce proof of migration. Sri K.
Balakrishnamurthy, Sri Iyyapu Kurma Rao, P. Srinivas Rao, Ramaraju, M.
Rajagopal, I.Veerbhadra Rao, R. Surya Rao and others appeared and
requested for removal of District restrictions and to recognize TurupuKapus
residing in the entire state of Andhra Pradesh as Backward Class.

Sri Justice B.S.A. Swamy, former Judge A.P.High Court, Sri K. Malaiah,
Sardar and S.G.Narshima Naidu appeared and opposed the removal of District
restrictions with regard to TurupuKapus.

Sri Iyyapu Kurma Rao, President, TurupuKapu Vidya Vignana Welfare

Association, Hyderabad submitted representation to the Chief Minister praying
to issue TurupuKapu caste certificates to all the TurupuKapu people residing
in Andhra Pradesh. It was represented that the High Court of Andhra Pradesh
gave a verdict that a person does not loose his caste merely because he
migrated from that place to another place. The said representation was
forwarded to the Member Secretary, A.P. Commission for Backward Classes to
examine the representation and send specific report to the Government by
15-04-2008. Subsequently, number of reminders was sent to the Member
Secretary.
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Kapu community inhabiting the districts lying on the Turupu, meaning

east, of the river Godavari in Andhra Pradesh: hence they are called Turupu
Kapu. They are mainly distributed in three north coastal districts of the state,
namely Vishakapatnam, Vizianagaram and Srikakulam. In the last four or five
decades a considerable number of TurupuKapus have migrated to the
Districts of East Godavari, West Godavari, Krishna and some other districts. In
TurupuKapu community divorce is permissible and widow male and female
divorcee remarriages are allowed. TurupuKapu people mainly depend on dry
land agriculture and most of them are small or marginal farmers and
agricultural labourers. Child marriages among TurupuKapus are prevalent.

Anantaraman Commission observed TurupuKapu as follows “This

community is found mainly in Srikakulam and Vishakapatnam districts. Their
traditional occupation is agriculture. Most of them are working as agricultural
labourers or coolies and live in thatched huts. They do not get adequate
return for their labour. They are economically very poor. Divorce, remarriage
and widow marriages are allowed in some families. They are looked down by
other Kapus, as they are poor and subject to social customs of divorce and
remarriage among their women. They are also educationally backward. They
do not wield any influence in society. An account of their poverty, unclean
occupation and educational backwardness they are not treated with respect
by the advanced communities. In view of their low social status and
educational backwardness, the Commission considers that this community
merits inclusion in the list of Backward Classes.”
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The subject came up for discussion before the Commission on

15-10-2008. The Commission examined all the material available on record
and took a decision in its meeting held on 15-10-2008. The Commission
considered the observations of the division bench of the High Court of A.P. in
W.P. No. 1079 of 1999 which held as follows:

“In our view, the order of the learned Single Judge is just and proper
and does not call for any interference, because a person born in a particular
community retains his caste, irrespective of his place of residence. A person
does not lose his caste, merely because he migrated from that place to
another place. The caste or community of a person can not be determined
basing on the place of his residence”.

In W.P. No. 14003 of 1999 the Hon’ble High Court of A.P. dealing a case of
TurpuKapu observed as follows:

“The fact remains that a person born in a particular community will

carry the caste till his death. On the other hand, under Article 19 (1) (g)
Freedom of Movement is guaranteed to all the citizens. In other words a
citizen of this country can shift his residence from one place to the other
without any inhibitions”.

Supreme Court of India also held that the son takes the caste of his
father and hence nativity has no relevance to establish the caste.
TurpuKapus are differentiated from Kapus by virtue of the fact that
TurpuKapus are subjected to social custom of divorce and remarriage among
their women and hence they must be given the benefits as Backward Class
people wherever they are found in the State of Andhra Pradesh.
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The Commission after considering their oral and written

representations, other material collected coupled with the observations of the
High Court of Andhra Pradesh and Supreme Court as referred above, the
Commission came to the conclusion that TurpuKapus who are recognized as
Backward Class people are to be given benefits residing throughout the state
of Andhra Pradesh and therefore it is just and necessary to remove the
District restrictions and extend the benefits throughout the State of Andhra
Pradesh. Consequently, the G.O. has to be amended suitably.

The Commission after due deliberations unanimously resolved to

recommend and tender advice to the Government. (1) To amend G.O. Ms No.
1793 Education Department dated 23-09-1970 at S. No. 30 under Group – D
for deleting the words of “Srikakulam, Vizianagaram and Vishakapatnam
Districts”.

1. Justice Dalava Subrahmanyam, Chairman

2. Sri V. Krishna Mohan Rao, Member

3. Sri Ch. Pandu Ranga, Member

4. Sri Challakonda Raghuram Prasad, Member

5. Member Secretary A.P. Commission for B.Cs., Member