India’s Scheduled Tribes (STs) constitute 8.6% of this diverse nation’s population. They inhabit various states and union territories spread across the country. One specific section of the Indian Constitution, Article 244, is solely dedicated to the administration of the Scheduled and Tribal Areas.
The Concept of Scheduled Areas
Scheduled Areas are regions covering 11.3% of India’s land mass. These areas are home to numerous ST communities making up 8.6% of India’s total population. These regions are officially demarcated in 10 states under the Fifth Schedule. These include Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh. The Sixth Schedule designates specific states such as Assam, Meghalaya, Tripura, and Mizoram.
In 2015, the government of Kerala proposed to recognize 2,133 habitations, five-gram panchayats, and two wards across five districts as Scheduled Areas. This proposal awaits approval from the Union government.
Criteria for Scheduled Area Identification
The declaration of an area as a Scheduled Area relies on several factors. These comprise a significant tribal population, compactness, reasonable size, administrative viability, and economic backwardness compared to neighboring areas.
The Scheduled Areas and Scheduled Tribes Commission or the Bhuria Commission recommended considering areas where 40% or more of the population are tribal as per the 1951 Census as Scheduled Areas.
Governance and Constitutional Provisions
The roles of the Fifth and Sixth Schedules extend to the governance of Scheduled Areas. Article 244 (1) applies the Fifth Schedule to Scheduled Areas in states excluding Assam, Meghalaya, Tripura, and Mizoram. Meanwhile, Article 244 (2) applies the Sixth Schedule to these four states.
The President of India is responsible for notifying Scheduled Areas. In states with these areas, a Tribal Advisory Council is established. This council advises the Governor on matters related to ST welfare.
Challenges Faced by Scheduled Areas
However, despite these provisions, issues persist. A substantial portion (59%) of India’s ST population finds itself outside the scope of Article 244. They are thus denied rights under laws applicable to Scheduled Areas. The lack of tangible ST-majority administrative units often fuels demands for denotifying parts of Scheduled Areas.
Understanding Provisions for STs in India
The Constitution of India doesn’t explicitly define the criteria for recognizing STs. Historically, as per Census-1931, STs were termed as “backward tribes” living in the “Excluded” and “Partially Excluded” areas. The Government of India Act of 1935 highlighted the need for representatives of “backward tribes” in provincial assemblies.
The Way Forward
For an efficient future approach, all locales or groups where STs form the largest social group should be notified as Scheduled Areas. These sectors should extend to ‘community forest resource’ areas on forest land under the Forest Rights Act 2006 wherever applicable. Amendments to laws should broaden the geographical limits of revenue villages, panchayats, talukas, and districts to encompass fully Scheduled Areas.
The article also mentions specific questions from the UPSC Civil Services Examination related to Scheduled Tribes and Scheduled Areas. This directly exemplifies the importance and relevance of this topic to national policy and administration.
