The National Commission for Scheduled Tribes, under the Constitution of India, is an important entity that looks after the rights and welfare of Scheduled Tribes (STs) in various states of India. Recently, four bills were introduced seeking to modify the ST list in Tamil Nadu, Karnataka, Himachal Pradesh and Chhattisgarh. The proposed amendments aim to include the Narikoravan and Kuruvikkaran hill tribes to the ST list of Tamil Nadu, introduce Betta-Kuruba synonym for the Kadu kuruba tribe in Karnataka, add a number of synonyms for the Bhariya Bhumia tribe in Chhattisgarh and include the Hattee community of Trans-Giri region in Sirmaur district to the ST list of Himachal Pradesh.
The Amendment Proposal
The bills intend to add certain tribes and synonyms to the existing ST list across four states. In Tamil Nadu, the Narikoravan and Kuruvikkaran hill tribes are to be added. The Lokur Committee in 1965 had also recommended their inclusion. In Karnataka, Betta-Kuruba is being introduced as a synonym for the already categorised Kadu Kuruba tribe. Devanagri script synonyms are proposed for the Bhariya Bhumia tribe in Chhattisgarh, who were out of the list due to varied pronunciations and spellings. Lastly, in Himachal Pradesh, the Hattee community of the Trans-Giri region in Sirmaur district is being added after nearly five decades.
Procedure for the Inclusion in the ST List
The inclusion of tribes into the ST list begins with recommendations from the respective state governments. These recommendations are sent to the Ministry of Tribal Affairs for review, following which they are put forth before the Registrar General of India for approval. The National Commission for Scheduled Tribes (NCST) also needs to approve these suggestions before the list is dispatched to the Cabinet for final decision-making. Ultimately, the President (under Articles 342) makes the final decision, leading to the inclusion of communities in the STs effective only post his assent.
ST Provisions in India
The Constitution of India does not explicitly provide criteria for recognition of STs. However, the STs are usually associated with “backward tribes” living in “Excluded” and “Partially Excluded” areas as per Census-1931. In order to define STs, Article 366(25) and Article 342(1) lay out a process that involves specification by the President concerning any State/UT, after consultation with the Governor in case of a state. Additionally, the Fifth Schedule covers provisions for Administration and Control of Scheduled Areas and STs in states excluding the ones covered by the Sixth Schedule. The latter deals with administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram. Other statutory provisions addressing STs include the Protection of Civil Rights Act, 1955, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Panchayats (Extension to the Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Significance of Schedules in Indian Constitution
The Fifth Schedule ensures protection of tribal lands against transfer to non-tribal people, whereas the Sixth Schedule can declare the transfer of tribal land to private parties for mining as null and void. The schedules can reshape the status of a region and are thus important Constitutional elements.
Frequently asked questions in UPSC Civil Services Examination
Questions around the Scheduled Tribes and certain acts, such as ‘What are the two major legal initiatives by the State since Independence addressing discrimination against STs?’ have been previously asked in UPSC Mains examination 2017. Therefore, understanding the process of inclusion of tribes, constitutional and statutory provisions related to tribes and the role of various schedules is essential for aspirants.
