Home Essay/Articles SOCIAL ISSUE : SCHEDULED CASTE, SCHEDULED TRIBES AND OTHER BACKWARD CASTES IN INDIA
SOCIAL ISSUE : SCHEDULED CASTE, SCHEDULED TRIBES AND OTHER BACKWARD CASTES IN INDIA
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Monday, 22 July 2013 04:20


SCHEDULED CASTE, SCHEDULED TRIBES AND OTHER BACKWARD CASTES IN INDIA


KEY POINTS :

Status of SC in India

Constitutional Provisions for SC

National Commission for SC

Status of Scheduled Tribes in India

Constitutional Provisions for ST

Issue of Scheduled Tribes Certificate - Points to be observed

Constitutional Provisions related to STs

Schemes for Welfare of ST

Ministry of Tribal Affairs

National Commission for Scheduled Tribes

Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Tribal Development

 

SCHEDULED CASTE, SCHEDULED TRIBES AND OTHER BACKWARD CASTES STATUS OF SC IN INDIA

Definition of Scheduled Castes

The Scheduled Castes (SCs) is a group of historically-disadvantaged people recognised by the Constitution of India or the people who are placed at the bottom of the traditional caste system. People of this group in the history performed unclean occupations of the society. As per the recommendation of the Government of Independent India, the President of India in October 1950 included a number of castes in the list of Scheduled Castes following the provisions mentioned under Article 341 (SC) of Constitution of India. The article provides rights to enjoy the social welfare schemes of the government and be a part of the development of the nation to the people who are the member of this category.

The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 25 states in its First Schedule and as per the latest amendment in 2008, the list included 1208 scheduled castes across India. The Scheduled Castes of India are put under the reserved categories following the guidelines of the Indian Constitution. The reservation policy became an integral part of the Indian Constitution by the efforts made by Bhimrao Ambedkar, who fought for the rights of the oppressed and depressed classes.

Nutritional Content- to achieve the objective a cooked midday meal should have:

Components

Primary

Upper Primary

Calories

450 gms

700

Protein

12 gms

20 gms

Micro-Nutrients

Adequate quantities of micro-nutrients like Iron, Folic Acid and Vitamin-A

Components of Central Assistance:

Mid-Day Meal Scheme provides the following assistance to State Governments/UT

Administrations:

(i) Supply of free food grains (wheat/rice) @100 grams per child per School Day from the nearest FCI go-down for primary classes (I-V).

(ii) Supply of free food grains (wheat/rice) @150 grams per child per School Day from the nearest FCI go-down for upper  primary classes (VI-VIII)


Problems Faced by the Scheduled Castes in India

Lowest Status in the Hierarchy


Education Disabilities


Civic Disabilities that includes Religious Disabilities and Economic Disabilities


No Right of Property Ownership


Selection of Occupations Limited


Landless Labours


Political Disabilities

CONSTITUTIONAL PROVISIONS FOR SC

Provisions for Scheduled Castes mentioned Under Part XVI-Special Provisions Relating to Certain Classes in the Constitution of India.

Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts.- The claims of the members of the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. 289BProvided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State

Article 341: Scheduled Castes.

(1) The President 296 [may with respect to any State 297 [or Union territory], and where it is a State 298, after consultation with the Governor 299 thereof,] by public notification 300, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State 301 [or Union territory, as the case may be].

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

Constitutional Safeguards

The Constitution offers seat reservation following the proportion of SCs in the lower and Upper House (Lok Sabha and Rajya Sabha) of the Indian Parliament under Article 330 and Article 332 respectively.

Article 15 (4) that mentions Fundamental Rights, Right to Equality it is mentioned that Nothing in this Article or in Clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Article 16- Equality of opportunity in matters of public employment - Article 16 (4A) and (4B) –4(A) - Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

(4B) - Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under Clause (4) or Clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty percent reservation on total number of vacancies of that year.

Services under the Union and the States:

Article 320 (4) - Functions of Public Service Commission’s - Section (4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in clause (4) of article 16 may be made or as respects the manner in which effect may be given to the provisions of article 335.

Schemes for Welfare of SC

Centrally sponsored Scheme of Pre-Matric Scholarship for Scheduled Castes Students – Article 46 of Part IV (“Directive Principles of State Policy”) of the Constitution enjoins upon the State to promote with special care the educational and  economic interests of the weaker sections of the people, in particular, of the Scheduled Castes and the Scheduled Tribes. Article 38(2) of the same Part also enjoins upon the State to minimize inequities in income and to endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

 

Central Sector Scheme of Rajiv Gandhi National Fellowship for Providing Scholarships to Scheduled Caste Students to         pursue programmes in Higher Education such as M.Phil and Ph.D (Effective from 1 April 2010).


Centrally-sponsored Pilot Scheme of Pradhan Mantri Adarsh Gram Yojana (PMAGY): Government of India have approved implementation of a new Centrally-sponsored Pilot Scheme called Pradhan Mantri Adarsh Gram Yojana (PMAGY) from the financial year, 2009-10, for integrated development of 1000 villages in the country, each with more than 50% Scheduled Castes (SC) population.


Babu Jagjivan Ram Chhatrawas Yojana: (The Centrally Sponsored Scheme of Hostels for SC Girls and Boys) earlier centrally sponsored scheme of hostels for SC boys and girls has been revised and is renamed as "Babu Jagjivan Ram Chhatravas Yojna w.e.f. 1 January 2008. The scheme of construction of hostels is one of the means to enable and encourage students belonging to scheduled castes to attain quality education. The main modifications included in the revised scheme are

a) 100% central assistance to States/UTs and Central Universities and 90% to deemed universities and private bodies for construction of girls hostel

b) Period of construction of hostels has been decreased from existing 5 years to 2 years.

 


Post-Matric Scholarship for SC Students: The Post Matric Scholarships enables a considerable number of Scheduled Caste students to obtain post-matric and higher level of education resulting in their overall educational and economic development. The Scheme provides for 100 per cent Central Assistance to the State Governments and UT Administrations over and above the respective committed liability of the State/UT.

 

Pre-Matric Scholarships for the Children of those Engaged in Unclean Occupations: Under the scheme, 100% central assistance is provided to State Governments/UT Administrations from the Government of India for the total expenditure under the Scheme, over and above their respective Committed Liability to implement this Scheme.

The main objective of the scheme includes financial assistance to children, whose parents belong to the category in form of –

a) Persons who are either presently engaged in manual scavenging or were so engaged up to or after 1 January 1997 or the date on which the The Employment of manual scavengers and construction of Dry latrines (Prohibition) Act 1993 came into force in their State/UT, whichever is earlier

b) Tanners

c) Flayers

 

Central Sector Scholarship Scheme of Top Class Education for SC Students (Effective from June 2007): Scheme framed in pursuance of the Union Budget 2005-06 announcements is effective from 21st June, 2007.

a) Objective of the scheme is to promote qualitative education amongst SC students, by providing full financial support for         pursuing studies beyond 12th class.


National Overseas Scholarships for Scheduled Castes (SC) etc. Candidates: Regulations governing the Central Sector Scheme of National Overseas. Scholarship for SC etc. candidates for Selection Year 2010-2011 (Plan). The Scheme   provides financial assistance to the finally selected candidates for pursuing Master level courses and Ph.D abroad in following specified fields of study:

a) Engineering

b) Management

c) Pure Sciences

d) Agricultural Science

e) Medicine

Special Educational Development Programme for Scheduled Castes Girls belonging to low Literacy Levels

 

Financial Institutions for economic development of disadvantaged groups have been set up and they are:

National Scheduled Castes Finance & Development Corporation (NSFDC)
National Safaikaramcharis Finance & Development Corporation (NSKFDC)
Assistance to Scheduled Castes Development Corporations (SCDCs)

National Commission for Safai Karamcharis

 

NATIONAL COMMISSION FOR SC

About the Commission and History behind its formation

1. In order to ensure that the safeguards are properly implemented the Constitution on its inception, provided for appointment of a special office under Article 338 of the Constitution to investigate all matters relating to the safeguards provided for Scheduled Castes & Scheduled Tribes and report to the President about the working of these safeguards. In pursuance of this provision a Special Officer known as the Commissioner for Scheduled Castes & Scheduled Tribes was appointed for the first time on 18 November 1950.


2. It was felt that the office of the Commissioner for Scheduled Castes and Scheduled Tribes was not enough to monitor the safeguards provided to SCs & STs. Hence, due to voice raised by Members of Parliament, a proposal was mooted for Amendment of Article 338 of the Constitution (46th Amendment) by replacing the single member Special Officer by multimember system. The first Commission for SC & ST came into being on August 1978, with effect from 1 December   1978.


3. The functions of the Commission for SCs & STs and of the O/o Commissioner for SCs & STs co-existed till 11 March 1992. The erstwhile O/o Commissioner for SCs/STs during their office had submitted 30 reports.


4. The setup of the Commission of 1978 underwent change in 1987 and it was named as National Commission for Scheduled Castes and Scheduled Tribes. This Commission being a National Level Advisory body played the role of adviser on major policy and developmental issues relating to SCs/STs. This Commission for SCs & STs had submitted 8 reports during its tenure.


5. The National Commission for SCs & STs came into being consequent upon the 65th Amendment Bill, 1990 notified on 8 June 1990, and rules there under were notified on 3 November 1990.


6. In the 89th Amendment of the Constitution it was decided to have a separate National Commission for Scheduled Castes & separate National Commission for Scheduled Tribes. This came into effect on 19 February 2004. The erstwhile National Commission for SCs & STs was bifurcated into two different Commissions with actual bifurcation date being 1 December 2004. After bifurcation there are at present 12 State Offices under the jurisdiction of NCSC.

These are located at Agartala, Ahmedabad, Bangalore, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata, Lucknow, Patna, Pune & Thiruvananthapuram.

This is the third National Commission for Scheduled Castes and Dr P.L Punia is the Chairperson of the National Commission for Scheduled Castes at present.

Functions and Duties of the Commission

The functions, duties and power of the Commission have been laid down in clauses (5), (8) and (9) of the Article 338 of the Constitution.

Clause (5): It shall be the duty of the Commission

1. To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards


2. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes

 

3. To participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State

 

4. To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards

 

5. To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes

 

6. To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by the rule specify

Clause (8) - The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely

a) Summoning and enforcing the attendance of any person from any part of India and examining him on oath

b) Requiring the discovery and production of any documents

c) Receiving evidence on affidavits

d) Requisitioning any public record or copy thereof from any court or office

e) Issuing commissions for the examination of witnesses and documents

f) Any other matter which the President may by rule, determine

Clause (9) - The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes

STATUS OF SCHEDULED TRIBES IN INDIA

Scheduled Tribes

Scheduled Tribes (STs) is a group of historically-disadvantaged people recognised in the Constitution of India and these tribes are not a part of the traditional caste system prevalent in the Indian society. The STs actually live in the forests, hills, deserts and islands and have their own social and cultural organization.

Scheduled Tribes comprise about 7.5 percent, of India's population. The proportion of Scheduled Tribes in the country's population has steadily risen since independence in 1947. The Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22 states in its First Schedule.

Constitutional Definition of STs

The term Scheduled Tribes first appeared in the Constitution of India. Article 366 (25) defined scheduled tribes as such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this constitution. Article 342, which is reproduced below, prescribes procedure to be followed in the matter of specification of scheduled tribes.

CONSTITUTIONAL PROVISIONS FOR ST

Article 342 Scheduled Tribes

The President may, with respect to any State or Union territory, and where it is a state, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall, for the purposes of this constitution, is deemed to be scheduled tribes in relation to that state or Union Territory, as the case may be.

Parliament may by law include in or exclude from the list of Scheduled tribes specified in a notification issued under Clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid, a notification issued under the said clause shall not be varied by any subsequent notification.
Thus, the first specification of Scheduled Tribes in relation to a particular State/ Union Territory is by a notified order of the President, after consultation with the State governments concerned. These orders can be modified subsequently only through an Act of Parliament. The above Article also provides for listing of scheduled tribes State/Union Territory wise and not on an all India basis.

The criterion followed for specification of a community, as scheduled tribes are indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness. This criterion is not spelt out in the Constitution but has become well established. It subsumes the definitions contained in 1931 Census, the reports of first Backward Classes Commission 1955, the Advisory Committee (Kalelkar), on Revision of SC/ST lists (Lokur Committee), 1965 and the Joint Committee of Parliament on the Scheduled Castes and Scheduled Tribes orders (Amendment) Bill 1967 (Chanda Committee), 1969.

In exercise of the powers conferred by Clause (1) of Article 342 of the Constitution of India, the President, after Consultation with the State Governments concerned have promulgated so far 9 orders specifying the Scheduled Tribes in relation to the state and union territories. Out of these, eight are in operation at present in their original or amended form. One order namely the Constitution (Goa, Daman & Diu) Scheduled Tribes order 1968 has become defunct on account of reorganization of Goa, Daman & Diu in 1987. Under the Goa, Daman & Diu reorganization Act 1987 (18 of 1987) the list of Scheduled Tribes of Goa has been transferred to part XIX of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 and that of Daman & Diu II of the Schedule of the Constitution (Scheduled Tribes) (Union Territories) Order, 1951.

No community has been specified as Scheduled Tribe in relation to the State of Haryana and Punjab and Union Territories of Chandigarh, Delhi and Pondicherry. State/ Union-Territory wise list of Scheduled Tribes is at Annexure-I and alphabetical list of STs is at Annexure-II

ISSUE OF SCHEDULED TRIBES CERTIFICATE - POINTS TO BE OBSERVED

(a) General

Where a person claims to belong to a Scheduled Tribe by birth it should be verified

i. That the person and his parents actually belong to the community claimed

ii. That the community is included in the Presidential Order specifying the Scheduled Tribes in relation to the concerned State.

iii. That the person belongs to that State and to the area within that State in respect of which the community has been scheduled.

iv. He may profess any religion.

v. That he should be permanent resident on the date of notification of the Presidential Order applicable in his case.

vi. Person who is temporarily away from his permanent place of adobe at the time of the notification of the Presidential order applicable in his case, say for example to earn a living or seek education, etc can also be regarded as a scheduled tribe, if his tribe has been specified in that order in relation to his state/ union territory. But he cannot be treated as such in relation to the place of his temporary residence notwithstanding the fact that the name of his tribe has been scheduled in respect of that are area in any Presidential Order.

In the case of persons born after the date of notification of the relevant Presidential Order, the place of residence for the purpose of acquiring Scheduled Tribe Status is the place of permanent abode of their parents at the time of the notification of the presidential order under which they claim to belong to such a tribe.

(b) Scheduled Tribe claims on migration

i. Where a person migrates from the portion of the state in respect of which his community is scheduled to another part of the same state in respect of which community is not scheduled, he will continue to be deemed to be a member of the Scheduled Tribe, in relation to that State

ii. Where a person migrates from one state to another, he can claim to belong to a scheduled tribe, only in relation to the State to which he originally belonged and not in respect of the state to which he has migrated.

(c) Scheduled Tribe claims through marriages: The guiding principle is that no person who was not a Scheduled Tribes by birth will be deemed to be a member of Scheduled Tribe merely because he or she has married a person belonging to a Scheduled Tribe.

Similarly a person who is a member of a schedule tribe would continue to be a member of that scheduled Tribe, even after his or her marriage with a person who does not belong to a Scheduled Tribe.

(d) Issue of Scheduled Tribe Certificates: The candidates belonging to Scheduled Tribes may be issued Scheduled Tribe Certificates, in the prescribed form (Annexure-III) from one of the prescribed authorities in support of their claim.

(e) Punishments for officials issuing Scheduled Tribe Certificates without proper verification

(f) Liberalization of procedure for the issue of Scheduled Tribe certificates to migrants from other States/ Union Territories.

Person belonging to Scheduled Tribes, who have migrated from one State to another for the purpose of employment, education etc. experience great difficulty in obtaining tribe certificate from the State from which they have migrated. In order to remove this difficulty, it has been decided that the prescribed authority of a State government/Union Territory Administration may issue the Scheduled Tribe certificate to a person who has migrated from another state, on the production of the genuine certificate issued to his father/ mother's origin except where the prescribed authority feels that detailed inquiry is necessary through the State of origin before issue of the certificate. The certificate will be issued irrespective of whether the tribe in question is scheduled or not in relation to the State/ Union Territory to which the person has migrated. However, they would not be entitled to ST benefits in the migrated State.

CONSTITUTIONAL PROVISIONS RELATED TO ST

II. Provisions relating to STs

II.A-Definition and Specification of STs

Article

Title

342

Scheduled Tribes

366

Definition

II.B-Educational, Economic and Public Employment-related Safeguards

Article 15

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Article 16

Equality of opportunity in matters of public employment

Article 19

Protection of certain rights regarding freedom of speech, etc.

Article 46

Promotion of Educational and Economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

Article 335

Claims of Scheduled Castes and Scheduled Tribes to services and posts

II.C-Political Safeguards

Article 330

Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

Article 332

Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

Article 334

Reservation of seats and special representation to cease after sixty years

Article 243D

Reservation of seats (in Panchayats)

Article 243T

Reservation of seats

II.D-Agency for monitoring safeguards

Article 338

A National Commission for Scheduled Tribe

SCHEMES FOR WELFARE OF ST

Schemes Related to Education

  • Top Class Education for ST Students
  • Upgradation of Merit for ST Students
  • Vocational Training Centres in Tribal Areas
  • National Overseas Scholarships for Scheduled Tribe Students
  • Rajiv Gandhi National Fellowship for ST Students
  • Post Matric Scholarships to the Students Belonging to Scheduled Tribes for Studies in India
  • Centrally Sponsored Scheme of Hostels for ST boys and ST Girls
  • PRE-MATRIC SCHOLARSHIP (Class IX and X) w.e.f. 01-07-2012

Special Grants

  • Special Central Assistance to Tribal Sub Plan
  • Grants under Article 275 (1) of the Constitution of India
  • Eklavya Model Residential Schools (EMRS)
  • Establishment of Ashram Schools in Tribal Sub-Plan Areas

NGO’s

  • Scheme of Coaching for Scheduled Tribes
  • Revised Scheme of Grant in Aid to Voluntary  Organizations working for welfare of Scheduled Tribes (with effect from 1st April 2008)
  • Scheme of Development of Primitive Tribal Groups (PTGs)
  • Schemes of strengthening education among  Scheduled Tribes Girls in a low literacy Districts

CP-R’s

  • Scheme of Investment in TRIFED
  • Scheme of Marketing Development of Tribal Products/Produce
  • Scheme of Grants-in-Aid to STDCCs for MFP Operations

R-M’s

  • Scheme of Centres of Excellence
  • Research Training: Grants to Tribal Research Institutes

Some more important schemes

Scheme for development of Primitive Tribal Groups (PTGs)
Girls/Boys Hostel for STs
Vocational training centres in Tribal Areas

MINISTRY OF TRIBAL AFFAIRS

The Ministry of Tribal Affairs was constituted in October 1999 with the objective of providing more focused attention on the integrated socio-economic development of the most underprivileged sections of the Indian society namely, the Scheduled Tribes (STs), in a coordinated and planned manner. The Ministry of Tribal Affairs is the nodal Ministry for the overall policy, planning and coordination of programmes for development of STs.

The Ministry of Tribal Affairs undertakes activities that flow from the subjects allocated under the Government of India (Allocation of Business) Rules, 1961. These include:

Social security and social insurance to the Scheduled Tribes

Tribal Welfare: Tribal welfare planning, project formulation, research, evaluation, statistics and training

Promotion and development of voluntary efforts on tribal welfare

Scheduled Tribes, including scholarship to students belonging to such tribes

Development of Scheduled Tribes 5(a) All matters including legislation relating to the rights of forest dwelling Scheduled Tribes on forest lands

Implementation of the Protection of Civil Rights Act, 1955 (22 of 1955) and the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), excluding administration of criminal justice in regard to offences in so far as they relate to Scheduled Tribes.

Rules and Regulations

Forest Rights Act 2006
Protection of Civil Rights Act, 1955
Protection of Civil Right Rules, 1977
SC/ST (Prevention of Atrocities) Act, 1989
SC/ST (Prevention of Atrocities) Rules, 1995
PESA 1996
The Constitution (eighty-ninth amendment) ACT 2003

NATIONAL COMMISSION FOR SCHEDULED TRIBES

The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely-

(i) The National Commission for Scheduled Castes (NCSC),

(ii) The National Commission for Scheduled Tribes (NCST) w.e.f. 19 February 2004. Detailed background information about the historical evolution of the National Commission has been given in Chapter-1 of the first Report of the Commission for the year 2004-05 and 2005-06.

The second commission was chaired by Urmila Singh. The third Commission comprised of Dr. Rameshwar Uraon, Chairperson, K. Kamala Kumari, Member and Shri Bheru Lal Meena, Member. The posts of Vice chairperson and one member in the Commission are lying vacant.

Functions of the Commission (Under Clause (5) of Art. 338A) To investigate & Monitor matters relating to Safeguards provided for STs under the Constitution or under other laws or under Govt. Order, to evaluate the working of such Safeguards.

To inquire into specific complaints relating to Rights & Safeguards of STs;

To participate and Advise in the Planning Process relating to Socio-economic development of STs, and to Evaluate the progress of their development under the Union and any State;

To submit report to the President annually and at such other times as the Commission may deem fit, upon/ working of Safeguards, Measures required for effective implementation of Programmers/ Schemes relating to Welfare and Socio-economic development of STs;

To discharge such other functions in relation to STs as the President may, subject to the provisions of any law made by Parliament, by rule specify;

The Commission would also discharge the following other functions in relation to the protection, welfare and development & advancement of the Scheduled Tribes, namely:-

i) Measures that need to be taken over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes living in forest areas.

ii) Measures to be taken to safeguard rights to the Tribal Communities over mineral resources, water resources etc. as per law.

iii) Measures to be taken for the development of tribals and to work for move viable livelihood strategies.

iv) Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.

v) Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose       case alienation has already taken place.

vi) Measures to be taken to elicit maximum cooperation and involvement of Tribal Communities for protecting forests and         undertaking social afforestation.

vii) Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).

viii) Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by Tribals that lead to their         continuous disempowerment and degradation of land and the environment

ix) Copy of Ministry of Tribal Affairs notification dated 23.08.2005 regarding the extended terms of reference of NCST

x) NCST letter dated 21/10/2008 to MTA furnishing detailed proposal for strengthening of NCST

xi) D.O. Letter dated 13/01/2011 from Chairperson NCST to the Minister for Tribal Affairs

xii) UO dated 24/05/2010 from PMO to Ministry of Tribal Affairs regarding action to be taken on important pending issues

xiii) D.O letter dated 05/03/2010 from VC, NCST to Minister to Minister for Tribal Affairs for resolving critical issues      involved in efficient performance of NCST

SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006

In order to provide the land and forest rights to the tribals and other forest dwellers, the Government enacted the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, notified for operation with effect from 31 December 2007. The Act undo’s the historical injustice done to tribals and Forest dwellers living there for last three generations, before 13 December 2005, by providing them following rightsRights Recognized by the Act

Right to hold and live in the forestland under the individual or common occupation for habitation or for self-cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribe or other traditional forest dwellers.

Community rights such as nistar, by whatever name called, including those used in erstwhile Princely States, zamindari or such intermediary regimes.

Right of ownership, access to collect, use and dispose of minor forest produce which has been traditionally collected         within or outside village boundaries.

Other community rights of uses or entitlements such as fish and other products of water bodies, grazing (both settled or transhumant) and traditional seasonal resource access of nomadic or pastoralist communities.

Rights including community tenures of habitat and habitation for primitive tribal groups and pre-  agricultural communities.

Rights in or over disputed lands under any nomenclature in any State where claims are disputed.

Rights for conversion of pattas or leases or grants issued by any local authority or any State Government on forestlands to titles.

Rights of settlement and conversion of all forest villages, old habitation, unsurveyed villages and other villages in forests, whether recorded, notified or not into revenue villages.

Right to protect, regenerate or conserve or manage any community forest resources which they have been traditionally protecting and conserving for sustainable use.

Rights which are recognized under any State law or laws of any Autonomous district Council or Autonomous Regional Council or which are accepted as rights of tribal’s under any traditional or customary law of the concerned tribe of any State.

Right of access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity.

Any other traditional right customarily enjoyed by the forest dwelling Scheduled Tribes or other traditional forest dwellers, as the case may be, but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal.

Right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005.


TRIBAL DEVELOPMENT

Adoption of the five principles of tribal development Panchseel that was adopted in 1956

Multi-purpose Tribal Development Blocks were developed for STs in 1961


Setting up of the Tribal Co-Operative Marketing Development Federation in 1987

Establishment of the national Scheduled Castes and Scheduled Tribes Finance and Development Corporation in 1989

Following the provisions of 73rd and 74th Constitutional amendments of the year 1993, efforts for participatory development of STs into the PSIs and Gram Sabhas is being carried on Panchayat’s Extension of the Scheduled Areas PESA Act 1996

Formation of separate National Scheduled Tribes Finance and Development Corporation 2001


 

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