The National Commission for Scheduled Tribes (NCST) recently celebrated its 16th foundation day. A significant announcement made during the occasion was that of a new national award, the “NCST Leadership Award,” which will be granted in recognition and appreciation of significant services towards the Scheduled Tribes (STs) in India.
Understanding the Scheduled Tribes
As per Census-1931, Scheduled Tribes were initially referred to as “backward tribes” and were found living in the “Excluded” and “Partially Excluded” areas. The Government of India Act of 1935 marked the first time that representatives of these “backward tribes” were called to provincial assemblies. While the Indian Constitution does not provide specific criteria for recognizing Scheduled Tribes, the definition from the 1931 Census was implemented during the initial years following India’s independence.
Article 366(25) and Article 342(1) of the Indian Constitution provide a process to determine which tribes or tribal communities may be deemed Scheduled Tribes. Currently, over 700 tribes have been notified as Scheduled Tribes, with the state of Odisha housing the maximum number at 62 and none being identified in Haryana, Punjab, Chandigarh, Delhi, and Pondicherry.
The Lokur Committee and Bhuria Commission on Scheduled Tribes
In 1965, the Lokur Committee was established to develop criteria for defining Scheduled Tribes. The Committee recommended the inclusion of elements such as primitive traits, a distinct culture, geographical isolation, shyness of contact with the larger community, and backwardness.
The Bhuria Commission, active from 2002-2004, explored various issues ranging from the 5th Schedule to tribal land and forests, health, education, the operation of Panchayats, and the status of tribal women. A High-Level Committee (HLC) was constituted in 2013 under the chairmanship of Prof. Virginius Xaxa to study five critical problems faced by tribal communities, including livelihood and employment, education, health, involuntary displacement and migration, and legal and constitutional matters.
National Commission for Scheduled Tribes: Formation, Objective, and Composition
The NCST was established on 19th February 2004 by amending Article 338 of the Indian Constitution and adding a new article, 338A, through the 89th Constitution Amendment Act, 2003. This makes the NCST a constitutional body.
The objective of the NCST, as outlined in Article 338A, is to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution or any other existing law or order of the Government. The NCST also evaluates the effectiveness of these safeguards.
The NCST comprises a Chairperson, a Vice-Chairperson, and three other members appointed by the President by warrant under his hand and seal. At least one member should be a woman. The office terms for the Chairperson, the Vice-Chairperson, and the other Members are for three years, and they are not eligible for more than two terms.
Duties and Functions of the NCST
The responsibilities of the NCST include investigating and monitoring matters concerning the safeguards provided for the Scheduled Tribes under the Constitution or any other law currently in effect or under any order of the Government. The commission also examines specific complaints regarding the deprivation of rights and safeguards of the Scheduled Tribes.
Other responsibilities involve participation and advice in the planning process of socio-economic development for the Scheduled Tribes and evaluation of their progress. The commission annually presents reports on the effectiveness of those safeguards to the President and makes recommendations for their improved implementation and measures for the protection, welfare, socio-economic development of the Scheduled Tribes. The President may also assign additional functions relating to the protection, welfare, development, and advancement of the Scheduled Tribes to the commission, subject to the provisions of any law made by Parliament.
Source: PIB