Scheduled Areas are regions in India designated for the administration and welfare of Scheduled Tribes (STs). They cover approximately 11.3% of India’s land area. These areas are primarily located in 10 states, defined under the Fifth Schedule of the Constitution of India.
States with Scheduled Areas
The following states have Scheduled Areas as per the Fifth Schedule:
- Andhra Pradesh
- Telangana
- Odisha
- Jharkhand
- Chhattisgarh
- Madhya Pradesh
- Rajasthan
- Gujarat
- Maharashtra
- Himachal Pradesh
Additionally, the Sixth Schedule applies to:
- Assam
- Meghalaya
- Tripura
- Mizoram
Criteria for Declaration
The declaration of Scheduled Areas is based on several criteria:
- A tribal population.
- Compactness and reasonable size of the area.
- Viability as an administrative entity.
- Economic backwardness compared to neighbouring areas.
The Bhuria Commission proposed that areas with 40% or more tribal population be considered for Scheduled Area status.
Constitutional Provisions
Article 244 of the Constitution of India governs the administration of Scheduled Areas. It has two main sections:
- Article 244 (1): Applies Fifth Schedule provisions to Scheduled Areas in states except Assam, Meghalaya, Tripura, and Mizoram.
- Article 244 (2): Applies Sixth Schedule provisions to the specified northeastern states.
Role of the President and Governor
The President of India has the authority to declare areas as Scheduled Areas. In consultation with the Governor, the President can also alter the boundaries of these areas. The Governor is responsible for reporting annually to the President about the administration of Scheduled Areas.
Tribal Advisory Council
States with Scheduled Areas must establish a Tribal Advisory Council. This council advises the Governor on matters concerning the welfare of Scheduled Tribes. It typically consists of up to 20 members, a majority of whom must be representatives of Scheduled Tribes.
Panchayati Raj and Local Governance
The Panchayats (Extension to Scheduled Areas) Act, 1996, empowers local self-governance in Scheduled Areas. It promotes direct democracy through gram sabhas, which are village assemblies that can make decisions on local matters.
Concerns and Challenges
Despite the framework for Scheduled Areas, portion of the ST population remains outside its purview. Approximately 59% of STs do not benefit from the protections offered under Article 244. Many areas lack viable administrative units, leading to demands for denotification of Scheduled Areas.
Legal Protections for Scheduled Tribes
The Constitution does not define Scheduled Tribes explicitly. However, Article 366(25) provides a process for defining STs for constitutional purposes. Various laws protect the rights of STs, including:
- Protection of Civil Rights Act, 1955
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
Autonomous District Councils
Under the Sixth Schedule, autonomous district councils are established in the northeastern states. These councils have autonomy to govern local affairs. Each autonomous district has a council with elected and nominated members.
Composition of Autonomous Councils
Each autonomous district council consists of:
- 30 members total.
- Four members nominated by the Governor.
- 26 members elected through adult franchise for a term of five years.
Legislative Powers of Councils
Autonomous and regional councils can legislate on various matters, including:
- Land
- Forests
- Village administration
- Inheritance of property
- Marriage and divorce
These laws require the assent of the Governor to be enacted.
Judicial Powers
Autonomous councils can establish village councils and trial courts. However, cases can also be transferred to the High Court if specified by the Governor.
Scheduled Areas and Economic Development
Scheduled Areas often face economic challenges. The backwardness of these regions compared to their neighbours necessitates targeted development initiatives. The government aims to improve infrastructure, education, and healthcare in these areas.
Demographic
Scheduled Tribes make up about 8.6% of India’s total population. They are spread across various states and union territories, with concentrations in the northeastern region.
Historical Context
The recognition of Scheduled Areas stems from historical injustices faced by tribal communities. The British colonial administration had previously classified these areas as “Excluded” or “Partially Excluded.” Post-independence, the Constitution of India sought to protect the rights and welfare of these communities.
Role of the Central Government
The central government plays important role in the administration and welfare of Scheduled Areas. It provides guidelines and funding for development projects aimed at improving the living conditions of tribal populations.
Recent Developments
In recent years, there have been proposals to expand the definition of Scheduled Areas. Kerala, for example, has sought to notify additional habitations as Scheduled Areas, awaiting approval from the Union government.
Community Participation
Encouraging community participation is vital for the effective governance of Scheduled Areas. Local self-governance initiatives empower tribal communities to make decisions regarding their development and welfare.
Impact of Globalisation
Globalisation has posed challenges and opportunities for Scheduled Tribes. While it can lead to economic growth, it also risks marginalising traditional practices and cultures. Balancing development with cultural preservation is essential.
Future Directions
The future of Scheduled Areas requires a focus on sustainable development. Policies should aim to integrate tribal communities into the mainstream economy while respecting their cultural heritage and rights.
