6.6] National Commission for Scheduled Tribes [NCST]

[The Introduction, Composition and Functions of NCST are same as that of 6.5] NCSC]

1. Tribal Panchsheel

Pandit Jawaharlal Nehru formulated five principles (Panchsheel) to deal with tribals in India

1. People should develop along the lines of their own genius and imposition of alien values should be avoided
2. Tribal rights in land and forest should be respected.
3. Tribal should be trained in work of administration and development.
4. Tribal areas should not be over administered or overwhelmed with multiplicity of schemes.
5. Results should be just not by statistics or by the money spent but the human character that is evolved.

This was given by Nehru in his article ‘The Right to Tribal People’ published in Indian Journal of Social Work.

2. Government Measures for Tribal.

Educational and cultural safeguards

2) Article 15(4):  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 SC and STs.

3) Article 23: Prohibition of traffic in human beings and forced labour

4) Article 29: Protection of interest of minorities.   (a) Right to conserve their language script of culture. (b) No denial of admission into any educational institution maintained by State or receiving aid out of state funds.

5) Article 46: Promotion of educational and economic interests of SCs and STs and other weaker sections.

6) Article 350: Each person shall be entitled to submit representation for the redress of any grievances to any officer or authority of the union or state in any of the language used in union or in the state as the case may be.

Social Safeguards

1. Article 24: Prohibition of employment of children in factories or hazardous work, below the age of 14 years.

Economic Safeguards

1) Article 244:  Administration of scheduled areas and tribal areas.

2) Schedule V: Provisions for the administration of scheduled areas and scheduled tribes in states other than Assam, Meghalaya, Tripura and Mizoram.

2) Schedule VI:  Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram.

Political safeguards

1) Article 164(1):  The chief minister shall be appointed by the governor and the other minister shall be appointed by the governor on the advice of CM and the ministers shall hold office during the pleasure of the governor.

2) Article 337:  Special provisions with respect to educational grants for the benefit of Anglo-Indian community.

3) Article 334:  Reservation of seats and special representation. To cease after 70 years.

4) Article 243:  It defines district, gramsabha, intermediate level, panchayat, panchayat area ,population, village.

5) 6) Article 330 reservation of seats for SC and ST in house of the people

6) Schedule 5 and 6

7) Article 371: Special provisions with respect to states of Maharashtra and Gujarat

371(a) Nagaland371(b) Assam371(c) Manipur371(d)(e) Andhra Pradesh371(f) Sikkim371(g) Mizoram371(h) Arunachal Pradesh371(i) Goa371(j) Karnataka

Safeguards under Statutory Laws

1) The SC and ST act 1989

2) Bonded labour system abolition act 1976

3) Child labour prohibition and regulation Act

4) Panchayati Raj (Extension to Scheduled Areas) [PESA] act 1996

5) Scheduled tribes and other forest dwellers or Forest Rights Act 2006

6) Forest conservation act

3. PESA Act 1996 [Panchayat, Extension to Scheduled Areas, Act]

PESA was introduced to institutionalising the panchayati raj (PR) in tribal areas listed under schedule 5. It became pertinent due to 73rd and 74th amendment act.

Provisions

1. State legislation to be in conformity with customary law, social and religious practices and customary modes of dispute resolution.
2. Hamlet level villages and gram sabhas.
3. Every gram sabha shall be competent to safeguard and preserve the customs of the people, their cultural identity, community resources and the customary mode of dispute resolution.
4. Approval of plants and projects on the selection of beneficiaries by gram sabha.
5. Ownership of gram sabha or minor forest produce.

4. Forest Rights Act 2006

The rights which are included in section 31 of this act can be summarised as

1. Land title rights – 75 years / 3 generations living in the area can be given maximum 4 hectares. This provision is not applicable to migrant tribes. The ownership is only for the land that is actually being cultivated by concerned family as on December 13 2005. No new land can be generated (out of forest) by tribal, for three generations (75 years).
2. Use rights – rights to minor forest produce, grazing routes or pastoral areas.
3. Relief and development rights – not given relief or development rights under this act.
4. Forest management rights – sacred groves e.g. Niyamgiri hills. Tribes have right to manage these regions of forest.
5. Relief to rehabilitation in case of illegal eviction or past displacement and to basic amenities, subject to restrictions, for forest and wildlife protection.

Issues with Forest Rights Act

1. Exclusion errors because of distress migration.
2. While individual rights are insured, community rights are deprived by categorising it as a degraded land which is US into exploitation Jal, Jungle, Jameen (water, forest, land).
3. Denial of development rights, rehabilitation program and delays in relief.

Recommendation by Virginius Xaxa.

1. Increase the powers of gram sabha in case of land acquisition,
2. Power of mining rights to be given to tribal cooperative,
3. Acquired but unused land can be used for tribal rehabilitation,
4. No provisions for big dams to be made,
5. Judicial commission should be set up for Naxal offences.