Scheduled Areas in India | 13 Oct 2023

Source:TH

Why in News?

India's Scheduled Tribes (STs) constitute 8.6% of the population, residing in various states and union territories. Article 244 of the Indian Constitution is a critical provision for the administration of Scheduled and Tribal Areas.

What are Scheduled Areas?

• About:
  • Scheduled Areas represent regions covering 11.3% of India's land area, inhabited by various ST communities comprising 8.6% of the country's population.
  • They are designated in 10 states under the Fifth schedule: Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh.
    • 4 States under the Sixth Schedule: Assam, Meghalaya, Tripura and Mizoram.
    • In 2015, Kerala proposed to notify 2,133 habitations, five-gram panchayats, and two wards in five districts as Scheduled Areas; it awaits the Union government’s approval.
• Criteria for Identification:
  • The guiding norms for declaring an area as a Scheduled Area include significant tribal population, compactness, reasonable size, viability as an administrative entity, and economic backwardness compared to neighboring areas.
  • The 2002 Scheduled Areas and Scheduled Tribes Commission or the Bhuria Commission recommended considering areas with 40% or more tribal population according to the 1951 Census as Scheduled Areas.
• Constitutional Provisions and Governance:
  • Article 244 (1) applies the Fifth Schedule provisions to Scheduled Areas in states other than Assam, Meghalaya, Tripura, and Mizoram.
    • Article 244 (2) applies the Sixth Schedule to the aforementioned states.
  • Tribal Advisory Council: The President of India notifies Scheduled Areas, and states with Scheduled Areas establish a Tribal Advisory Council to advise the Governor on ST welfare matters.
  • Panchayats (Extension to Scheduled Areas) Act (PESA) of 1996: It empowers gram sabhas, granting them substantial authority through direct democracy, prioritizing Local Self-Governance.
    • In 1995, the Bhuria Committee, constituted to recommend provisions for the extension of panchayat raj to Scheduled Areas, recommended including these villages, but this is yet to be done.
      • The President of India notifies India’s Scheduled Areas. States with Scheduled Areas need to constitute a Tribal Advisory Council with up to 20 ST members.
      • They will advise the Governor on matters referred to them regarding ST welfare. The Governor will then submit a report every year to the president regarding the administration of Scheduled Areas.

What are the Concerns Related to Scheduled Areas?

• Despite demands from Adivasi organizations, a significant portion (59%) of India's ST population is outside the purview of Article 244, denying them rights protected under laws applicable to Scheduled Areas.
• The absence of viable ST-majority administrative units has been a common bureaucratic response, which has further led to demands for the denotification of parts of Scheduled Areas.
  • They are denied rights under the laws applicable to Scheduled Areas, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and the Biological Diversity Act 2002.

Way Forward

• All habitations or groups of habitations outside Scheduled Areas in all States and Union Territories where STs are the largest social group will need to be notified as Scheduled Areas irrespective of their contiguity.
• The geographical limit of these villages will need to be extended to the ‘community forest resource’ area on forest land under the FRA (Forest Rights Act) 2006 wherever applicable, and to the customary boundary within revenue lands made possible through suitable amendments to the relevant State laws.
• The geographical limits of the revenue village, panchayat, taluka, and district will need to be redrawn so that these are fully Scheduled Areas.