Pahari Tribe in the ST list of J&K

• 04 Nov 2022

For Prelims: National Commission for Scheduled Tribes, Scheduled Tribe, TRIFED, Digital Transformation of Tribal Schools.

For Mains: Issues Related to SCs & STs.

Why in News?

The National Commission for Scheduled Tribes (NCST) has now cleared the way for the inclusion of the ‘Pahari ethnic group’ in the Scheduled Tribes (ST) list of the Union Territory of Jammu and Kashmir.

• The commission also called for the inclusion of the “Paddari tribe”, “Koli” and “Gadda Brahman” communities to be included in the ST list of J&K.
• Currently, Jammu and Kashmir has 12 communities that have been notified as STs.

What is the Process of Inclusion in the ST List?

• The process to include tribes in the ST list begins with the recommendation from the respective State governments, which are then sent to the Tribal Affairs Ministry, which reviews and sends them to the Registrar General of India for approval.
• This is followed by the NCST approval before the list is sent to the Cabinet for a final decision.
• The final decision rests with the President’s office issuing a notification specifying the changes under powers vested in it from Articles 342.
• The inclusion of any community in the Scheduled Tribes come into effect only after the President assents to a Bill that amends the Constitution (Scheduled Tribes) Order, 1950, as is appropriate, after it is passed by both the Lok Sabha and Rajya Sabha.

What will be the Benefits in the Inclusion in the ST List?

• Enables members of the communities newly listed in the revised list of Scheduled Tribes to derive benefits meant for STs under the existing schemes of the government.
• Some of the major benefits include post-matric scholarship, overseas scholarship and the national fellowship, besides education, concessional loans from the National Scheduled Tribes Finance and Development Corporation, and hostels for students.
• In addition, the tribes will also be entitled to benefits of reservation in services and admission to educational institutions as per the government policy.

What are the Constitutional Provisions and Initiatives related to Tribes in India?

• Constitutional Provisions:
  • As per Census-1931, Schedule tribes are termed as "backward tribes” living in the "Excluded" and "Partially Excluded" areas. The Government of India Act of 1935 called for the first time for representatives of "backward tribes" in provincial assemblies.
  • The Constitution does not define the criteria for recognition of Scheduled Tribes and hence the definition contained in 1931 Census was used in the initial years after independence.
  • However, Article 366(25) of the Constitution only provides process to define Scheduled Tribes: “Scheduled Tribes means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution.”
    • 342(1): The President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor, by a public notification, specify the tribes or tribal communities or part of or groups within tribes or tribal communities as Scheduled Tribe in relation to that State or Union Territory.
  • The Fifth Schedule of the Constitution lays out provision for Administration and Control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura and Mizoram.
  • The Sixth Schedule deals with the administration of the tribal areas in Assam, Meghalaya, Tripura and Mizoram.
• Legal Provisions:
  • Protection of Civil Rights Act, 1955 against Untouchability.
  • Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.
  • Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
• Related Initiatives:
  • TRIFED
  • Digital Transformation of Tribal Schools
  • Development of PVTGs
  • Pradhan Mantri Van Dhan Yojana
• Related Committees:
  • Xaxa Committee (2013)
  • Bhuria Commission (2002-2004)
  • Lokur Committee (1965)

UPSC Civil Services Examination Previous Year Question

Prelims

Q. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (2022)

(a) This would prevent the transfer of land of tribal people to non-tribal people.

(b) This would create a local self-governing body in that area.

(c) This would convert that area into a Union Territory.

(d) The State having such areas would be declared a Special Category State.

Ans: (a)

Q. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? (2019)

(a) Third Schedule

(b) Fifth Schedule

(c) Ninth Schedule

(d) Twelfth Schedule

Ans: (b)

Mains

Q. What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs)? (2017)

Source: TH