The National Commission for Scheduled Tribes (NCST) is a constitutional body formed under Article 338A. India is home to a sizable proportion of indigenous people. According to the 2011 Census, STs represent 8.6% of the country’s population (104 million).
Background and Identity of Tribes
To identify tribal communities, the Chanda Committee (1960) laid down 5 standards:
PVTGs to Empowerment
PVTG (Particularly Vulnerable Tribal Groups) classification was based on the Dhebar Commission report (1960) to address development inequality.
- Features: Pre-agricultural systems (hunting/gathering), zero/negative population growth, and extremely low literacy.
- Small Populations (< 1000): Birjia (Bihar), Sentinelese, Onge, Jarawa, Mankidias (Odisha), Raji (Uttarakhand/UP), etc.
Evolution and Committees
- 1978: Non-statutory multi-member Commission set up under Bhola Paswan Shastri.
- 65th Amendment (1990): Established the combined constitutional National Commission for SCs & STs.
- 89th Amendment (2003): Bifurcated the commission into NCSC (Art 338) and NCST (Art 338A).
- 2004: Separate NCST came into existence.
Key Committees to Configure NCST:
- Lokur Committee (1965)
- Dileep Singh Bhuria Committee (1998)
- Virginius Xaxa Committee (2013): Studied 5 critical issues: Livelihood, Education, Health, Displacement, and Legal matters.
Creation and Role
Tribes are geographically and culturally distinct from SCs. In 1999, a new Ministry of Tribal Affairs was created to provide a sharp focus on their welfare. The NCST ensures safeguards are effectively implemented.
Composition
- Consists of a Chairperson, Vice Chairperson, and 3 other members.
- Appointed by the President by warrant under his hand and seal.
- Service conditions and tenure are determined by the President.
Functions and Responsibilities
- Investigate and monitor matters relating to constitutional safeguards.
- Inquire into specific complaints relating to deprivation of rights.
- Ownership rights over Minor Forest Produce for forest dwellers.
- Safeguard rights over mineral and water resources.
- Relief and rehabilitation for tribes displaced by development projects.
- Ensure full implementation of the PESA Act, 1996.
PESA Act of 1996
PESA (Provisions of the Panchayats Extension to Scheduled Areas) ensures self-governance through traditional Gram Sabhas in Scheduled Areas (Fifth Schedule).
- Preserve traditions, customs, and cultural identity.
- Approve development works and identify beneficiaries.
- Mandatory consultation for land acquisition and mining leases.
- Ownership of minor forest produce and control over money lending.
Powers of the Commission
The Commission has all the powers of a civil court, including:
- Summoning persons and examining them on oath.
- Requiring discovery and production of documents.
- Receiving evidence on affidavit.
Challenges and Shortcomings
Effectiveness: NCRB data shows a spike in atrocities despite the commission's existence.
Evictions: Ineffective in stopping eviction of forest dwellers (e.g., Dongria Kondh in Odisha vs. Vedanta).
Language Loss: 250 tribal languages have disappeared; NCST failed to arrest this decline.
Implementation: Rights over natural resources reduced through concept of 'protected forests'.
Government Schemes and Initiatives
1. PM Adarsh Gram Yojana (PMAGY)
| Objective | Salient Features |
|---|---|
| Integrated development of villages with >50% SC/ST population into "Model Villages" by 2024-25. | Eliminate disparity in literacy, health (IMR/MMR), and eliminate untouchability/social evils. Rs. 21 Lakh provided per village. |
2. Eklavya Model Residential School (EMRS)
Set up under Article 275(1) grants.
- Focus: Middle and high-level education in remote areas.
- Goal: Every block with >50% ST population and 20,000+ tribal persons to have an EMRS.
3. Van Dhan Vikas Karyakram
- Aim: Tap traditional knowledge and add technology to convert tribal wisdom into economic activity.
- Van Dhan Vikas Kendra: Constitutes 10 SHGs (300 beneficiaries) for procurement and value addition of Minor Forest Produce (MFP).
4. Dr. Ambedkar Scheme for Inter-Caste Marriages
Provision of Rs. 2.5 Lakh for couples where one spouse is SC and the other is Non-SC, to promote social integration.
Way Forward
There is a dire need for thorough introspection of NCSC and NCST. Reforming criminal investigation, giving powers to penalize, and granting suo moto powers are essential to address the miscarriage of social justice and uphold the spirit of the Preamble.