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Manual Scavenging in India

Why in News The Central Monitoring Committee to review the implementation of the Prohibition of Employment as Manual Scavengers and their...

14 Jan 2020 Issues Related to SCs & STs
Plea on Scheduled Caste Status to be Religion Neutral

Why in News The Supreme Court will examine a plea related to Dalit Christians who demand the same quota benefits reserved for Scheduled...

09 Jan 2020 Issues Related to SCs & STs
Creamy Layer for SCs/STs

This article is based on “Creamy layer principle in SC, ST quota for promotion: judgments, appeals” which was published in The Indian...

30 Dec 2019 Issues Related to SCs & STs
Particularly Vulnerable Tribal Groups

Why in News Ministry of Tribal Affairs has implemented the scheme of “Development of PVTGs” which covers 75 Particularly Vulnerable...

03 Dec 2019 Issues Related to SCs & STs
Pathalgarhi Movement

Why in News Recently, the Union government withdrew amendments to the Forest Rights Act (FRA), 2006 which would have diluted tribal rights over...

02 Dec 2019 Issues Related to SCs & STs
Meghalayan Minor Tribes Exclusion

Recently, the Government of Meghalaya has decided to exclude ‘unrepresented tribes’ from the provisions of the Sixth Schedule of the...

09 Oct 2019 Issues Related to SCs & STs
Ladakh Under Sixth Schedule

The National Commission for Scheduled Tribes (NCST) has recommended that the Union Territory (UT) of Ladakh be included in the Sixth Schedule of the...

12 Sep 2019 Issues Related to SCs & STs
Super 50

Maharashtra’s Tribal Development Department in association with the Pace Educational Trust has launched an academic programme for young tribal...

22 Aug 2019 Issues Related to SCs & STs
Reservation in India

Introduction The age-old caste system of India is responsible for the origination of the reservation system in the country. In simple terms, it...

24 Jul 2019 Issues Related to SCs & STs
Jan Shikshan Sansthans

The government has waived the fee for SC/ST candidates, who join vocational training under Jan Shikshan Sansthan. Formerly under the Ministry of...

06 Jun 2019 Issues Related to SCs & STs
Capacity Building for Conflict Resolution – 2nd ARC

CHAPTER 1. Introduction Conflict is an unavoidable facet of human life. The maturity of a society is thus measured not so much by the absence of...

17 Apr 2019 Issues Related to SCs & STs
Xaxa Committee on Tribal Communities of India

The Indian State must aim to ensure that all sections of society share in the economic and social prosperity of the country. It is widely...

10 Apr 2019 Issues Related to SCs & STs
Inequality in India

...

27 Mar 2019 Issues Related to SCs & STs
Inequality in India

Why in News Oxfam International released its annual inequality report, 2019 report titled “Public good or Private Wealth?” highlighted...

27 Mar 2019 Issues Related to SCs & STs
Forest Rights Act, 2006

...

06 Mar 2019 Issues Related to SCs & STs
Forest Rights Act, 2006

Why in News? Recently Supreme Court asked states to free tracts of forest land in possession of people whose claims have been rejected under the...

06 Mar 2019 Issues Related to SCs & STs
Forest Dwellers Face Eviction

The Supreme Court has ordered the forced eviction of more than 1,000,000 tribal and other forest-dwelling households from forestlands across 16...

22 Feb 2019 Issues Related to SCs & STs
US Citizen killed by Tribals in Andaman

An American national who tried to contact protected Sentinelese tribes in Andamans north sentinel island was allegedly killed by them. In August...

22 Nov 2018 Issues Related to SCs & STs
NCSK Data on Manual Scavenging Deaths

Recently, five manual scavengers died after inhaling toxic fumes in Delhi's Moti Nagar Area. The National Commission for Safai Karamcharis (NCSK)...

18 Sep 2018 Issues Related to SCs & STs
Prevention of Atrocities Amendment Bill, 2018

Parliament has passed the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018. Key Points The Bill rules...

10 Aug 2018 Issues Related to SCs & STs

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		'article_id' => (int) 4151,
		'category_id' => (int) 21,
		'title' => 'Manual Scavenging in India',
		'description' => '<h3>Why in News</h3>
<ul style="list-style-type: square;">
<li>The Central Monitoring Committee to review the implementation of the <a href="/daily-updates/daily-news-analysis/manual-scavenging-in-india" target="_blank" rel="noopener"><strong>Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013</strong></a> has mentioned that many states are lagging behind in the rehabilitation of manual scavengers.</li>
<li>Though most of the sewer death compensation had been paid but <strong>states like Gujarat, Maharashtra </strong>is<strong> yet to pay compensation.</strong></li>
</ul>
<h3>Key Points<a href="http://www.drishtiias.com/images/uploads/1578987249_image1.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1578987249_image1.jpg" width="390" caption="false" style="float: right;" /></a></h3>
<ul style="list-style-type: square;">
<li><strong>Numerical Analysis:</strong><br />
<ul style="list-style-type: circle;">
<li>Since 1993, a total of 926 deaths related to the manual scavenging is reported in the country, out of which 172 families are yet to receive compensation.</li>
</ul>
</li>
<li><strong>State-wise Analysis:</strong> <br />
<ul style="list-style-type: circle;">
<li><strong>Engaged Workers:</strong> According to the <strong>National Commission of Safai Karamcharis (NCSK),</strong> a total of 53,598 people, of which <strong>29,923</strong> were in <strong>Uttar Pradesh alone,</strong> had been identified as <strong>engaged in manual scavenging</strong> after surveys in 2013 and 2018.</li>
<li><strong>Deaths: Tamil Nadu</strong> reported the <strong>highest number of deaths</strong> but has paid compensation in all but seven of the 234 cases.</li>
<li><strong>Compensation: Gujarat</strong> has the<strong> highest</strong> number of cases where the compensation <strong>amount was not paid followed by Maharashtra.</strong></li>
</ul>
</li>
<li><strong>Steps taken for Elimination:</strong><br />
<ul style="list-style-type: circle;">
<li>Currently, one-time cash assistance, capital subsidy and skill development training are provided to the identified manual scavengers.</li>
</ul>
</li>
</ul>
<h3>Prohibition of Employment of Manual Scavengers and their Rehabilitation Act, 2013</h3>
<ul style="list-style-type: square;">
<li><strong>Prohibition:</strong> The act prohibits the employment of manual scavengers, manual cleaning of sewers and septic tanks without protective equipment, and the construction of insanitary latrines.</li>
<li><strong>Rehabilitation:</strong> It seeks to rehabilitate manual scavengers and provide for their alternative employment.</li>
<li><strong>Implementing Authority:</strong> Each local authority, cantonment board and railway authority is responsible for surveying insanitary latrines within its jurisdiction. They shall also construct a number of sanitary community latrines.<br />
<ul style="list-style-type: circle;">
<li>The District Magistrate and the local authority shall be the implementing authorities. Offences under the Act shall be cognizable and non-bailable and may be tried summarily.</li>
</ul>
</li>
</ul>
<h3>Reasons for Persistence of Manual Scavenging</h3>
<ul style="list-style-type: square;">
<li>Despite the most stringent penal provisions in the law against manual scavenging, it continues in parts of India largely <strong>due to governmental indifference and social prejudice.</strong></li>
<li>The continued presence of insanitary latrines, of which there are about 2.6 million that require cleaning by hand, according to Safai Karmachari Andolan.</li>
<li>Many communities still regard the presence of a sanitary toilet inside the house as physical pollution.</li>
<li>The entrenched belief in the <strong>caste system</strong> that assumes people belonging to a particular caste group will readily perform the stigmatised task of emptying latrines.</li>
<li>The state governments are not keen to demolish and rebuild old facilities lacking sanitation, or conduct a full census of both the latrines and the people engaged in clearing such waste.</li>
</ul>
<div class="border-bg">
<p><strong>National Commission of Safai Karamcharis</strong></p>
<ul style="list-style-type: square;">
<li>The National Commission for Safai Karamcharis (NCSK) was constituted on 12<sup>th</sup> August 1994 as a statutory body by an Act of Parliament viz. &lsquo;National Commission for Safai Karamcharis Act, 1993&rsquo;.</li>
<li>The act &ldquo;The National Commission for Safai Karamcharis Act, 1993&rdquo; lapsed in February 2004.</li>
<li>The Commission is acting as a <strong>non-statutory body of the Ministry of Social Justice and Empowerment</strong> whose tenure is extended from time to time through Government Resolutions.</li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/national/maharashtra-gujarat-lag-behind-in-compensation-for-sewer-deaths/article30559790.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'title' => 'Plea on Scheduled Caste Status to be Religion Neutral',
		'description' => '<h3>Why in News</h3>
<p>The Supreme Court will examine a plea related to Dalit Christians who demand the same quota benefits <a href="/to-the-points/Paper2/reservation-in-india" target="_blank" rel="noopener">reserved for Scheduled Castes</a>.</p>
<ul style="list-style-type: square;">
<li>The plea also requests that reservation for government jobs and admissions in educational institutions should be made <strong>"religion-neutral"</strong>.</li>
<li><strong>Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950</strong> restricts Christians of Scheduled Castes origin from availing the Scheduled Castes status. <br />
<ul style="list-style-type: circle;">
<li>Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950 states that <strong>no person who professes a religion different from Hindu (the Sikh or the Buddhist) religion </strong>shall be deemed to be a member of a Scheduled Caste.</li>
</ul>
</li>
</ul>
<h3>Arguments in favour of the reservation to be religion-neutral</h3>
<ul style="list-style-type: square;">
<li>The change in religion does not change social exclusion.</li>
<li>The social hierarchy and specifically caste hierarchy continues to remain within Christianity and Muslims even though the religion forbids it.</li>
<li>Considering the above scenario, the reservation needs to be delinked from religion.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/sc-to-examine-dalit-christians-plea-that-reservation-should-be-religion-neutral/article30512888.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'category_id' => (int) 22,
		'title' => 'Creamy Layer for SCs/STs',
		'description' => '<div class="border">
<p>This article is based on <a href="https://indianexpress.com/article/explained/explained-creamy-layer-principle-in-sc-st-quota-for-promotion-judgments-appeals-6157100/" target="_blank" rel="noopener"><strong>&ldquo;Creamy layer principle in SC, ST quota for promotion: judgments, appeals&rdquo;</strong></a> which was published in The Indian Express on 11/12/2019. It talks about applicability of creamy layer principle to promotions for Scheduled Castes and Scheduled Tribes in government jobs.</p>
</div>
<p>Recently, the Centre had asked the Supreme Court to refer the question of <em><strong>&lsquo;whether the creamy layer concept should apply or not to the Scheduled Castes (SCs)/Scheduled Tribes (STs) while providing them reservation in promotions&rsquo;</strong> </em>to a larger Bench reconsidering its earlier pronouncement in <em><strong>M. Nagaraj &amp; Others vs Union of India case (2006).</strong></em></p>
<p><a href="http://www.drishtiias.com/images/uploads/1577705970_pasted%20image1.png" target="_blank" rel="noopener"><em><strong><img class="content-img" src="http://www.drishtiias.com/images/uploads/1577705970_pasted image1.png" style="display: block; margin-left: auto; margin-right: auto;" caption="false" width="444" height="347" /></strong></em></a></p>
<h3>What is the creamy layer concept?</h3>
<ul style="list-style-type: square;">
<li>The expression <strong>&lsquo;means-test and creamy layer&rsquo;</strong> first found its mention in the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court&rsquo;s</strong></a> landmark judgment in the <a href="/to-the-points/Paper2/reservation-in-india" target="_blank" rel="noopener"><strong>Indra Sawhney vs Union of India case of 1992</strong></a> (<em><strong>also known as Mandal Commission case</strong></em>), that was delivered by a <strong>nine-judge Bench</strong> on November 16, 1992. <br />
<ul style="list-style-type: circle;">
<li>The creamy layer was then described as- &ldquo;some members of a backward class who are socially, economically as well as educationally advanced as compared to the rest of the members of that community. They constitute the forward section of that particular backward class and eat up all the benefits of reservations meant for that class, without allowing benefits to reach the truly backward members&rdquo;.</li>
</ul>
</li>
<li>The Court also asked the Central government to fix the <strong>norms for income, property and status</strong> for identifying the creamy layer. In 1993, the creamy layer ceiling was fixed at ₹1 lakh. It was subsequently increased to ₹2.5 lakh (2004), ₹4.5 lakh (2008), ₹6 lakh (2013), and at <strong>₹8 lakh since 2017.</strong></li>
</ul>
<h3>Creamy Layer Chronology</h3>
<ul style="list-style-type: square;">
<li>In <strong>1980, the Mandal Commission report</strong> recommended to <strong>provide 27% reservation</strong> to Other Backward Classes (OBCs) in jobs.</li>
<li>In <strong>1990,</strong> the V P Singh Government <strong>declared such reservation of 27%</strong> in government jobs for the OBCs.</li>
<li>In <strong>1991,</strong> the Narasimha Rao Government introduced a change in order to <strong>give preference to the poorer sections among the OBCs</strong> while granting the 27% quota.</li>
<li>In the Indra Sawhney judgment <strong>(1992),</strong> the <strong>Court upheld the government&rsquo;s move</strong> and proclaimed that the advanced sections among the OBCs (i.e, the creamy layer) must be excluded from the list of beneficiaries of reservation. It also held that the concept of creamy layer must be excluded for SCs &amp; STs.</li>
</ul>
<h3>How was the creamy layer made applicable to SC/ST members?</h3>
<ul style="list-style-type: square;">
<li>In the <strong>Nagaraj case (2006)</strong> the issue had arisen regarding the validity of the following four Constitutional amendments, claiming that these amendments made by the government were meant to reverse the decisions made by the Court in the <em><strong>Indra Sawhney Case, 1992:</strong></em><br />
<ul style="list-style-type: circle;">
<li><strong>77<sup>th</sup> Constitutional Amendment Act, 1995:</strong> The Indra Sawhney verdict had held there would be reservation only in <strong>initial appointments and not promotions.</strong> But the government through this amendment introduced <strong>Article 16(4A)</strong> to the Constitution, empowering the state to make <strong><em>provisions for reservation in matters of promotion</em></strong> to SC/ST employees if the state feels they are not adequately represented.</li>
<li><strong>81<sup>st</sup> Constitutional Amendment Act, 2000:</strong> It introduced <strong>Article 16(4B),</strong> which says unfilled SC/ST quota of a particular year, when <em><strong>carried forward</strong></em> to the next year, will be <strong>treated separately</strong> and not clubbed with the regular vacancies of that year. While the Supreme Court in the Indra Sawhney Case capped the reservation quota at 50%, the government by this amendment ensured that 50% ceiling for these carried forward unfilled posts does not apply.</li>
<li><strong>82<sup>nd</sup> Constitutional Amendment Act, 2000:</strong> It inserted a condition at the end of <strong>Article 335</strong> that enables the state to <strong>make any provision</strong> in favour of the members of the SC/STs <em><strong>for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion</strong></em> to any class or classes of services or posts in connection with the affairs of the Union or of a State.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Constitutional Provision: Article 335</strong> recognises that <em><strong>special measures need to be adopted for considering the claims of SCs and STs to services and posts, in order to bring them at par.</strong> </em>It is read as: &ldquo;The claims of the members of the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with the<strong> maintenance of efficiency of administration,</strong> in the making of appointments to services and posts in connection with the affairs of the Union or of a State.&rdquo;</p>
</div>
<ul style="list-style-type: square;">
<li><strong>85<sup>th</sup> Constitutional Amendment Act, 2001:</strong> It provided for the reservation in promotion can be applied with<em><strong> &lsquo;consequential seniority&rsquo;</strong></em> for the government servants belonging to the SCs and STs with retrospective effect from June 1995.</li>
</ul>
<div class="border-bg">
<p><strong>Key Pronouncements of M. Nagaraj Case (2006)</strong></p>
<p>The Court in this case laid down <strong>three conditions</strong> for promotion of SCs and STs in public employment:</p>
<ul style="list-style-type: square;">
<li>Government cannot introduce quota unless it proves that the particular community is <strong>backward,</strong></li>
<li><strong>Inadequately represented</strong> (based on quantifiable data), and</li>
<li>Providing reservation in promotion would not affect the <strong>overall efficiency</strong> of public administration.</li>
</ul>
</div>
<ul style="list-style-type: square;">
<li>The <strong>five-judges Bench in Nagaraj case</strong> although <strong>upheld the</strong> constitutional validity of all four amendments, but the following two validations by the Supreme Court in this case became the bone of contention: <br />
<ul style="list-style-type: circle;">
<li><strong>First:</strong> The Court proclaimed that the State is <strong>not bound</strong> to make reservation for SC/ST in the matter of promotions. However if they wish to exercise their discretion and make such provision, the State has to <strong>collect quantifiable data showing backwardness</strong> of the class and inadequacy of representation of that class in public employment<strong> in addition to compliance of Article 335.</strong></li>
<li><strong>Second:</strong> Also, it<strong> reversed its earlier stance in Mandal case, </strong>in<strong> which </strong>it had<strong> excluded the creamy layer concept on SCs/STs</strong> (that was applicable on OBCs). The verdict in Nagaraj case made clear that even if the State has compelling reasons (as stated above), the State needs to ensure that its reservation provision does not lead to <strong>excessiveness-</strong> breaching the <strong>ceiling-limit of 50%,</strong> or <strong>destroying the creamy layer principle,</strong> or <strong>extending the reservation indefinitely.</strong> Therefore, the <em><strong>Court extended the creamy layer principle to SCs and STs too</strong></em> in this verdict.</li>
</ul>
</li>
</ul>
<h3>Current Demand by the Centre</h3>
<ul style="list-style-type: square;">
<li>The Centre asked the Court to review its stance on the above two issues:<br />
<ul style="list-style-type: circle;">
<li>As <strong>collecting quantifiable data</strong> showing backwardness is <strong>contrary to the Mandal</strong> case pronouncement where it was held that Scheduled Castes and Scheduled Tribes are the most backward among backward classes. It is, therefore, presumed that once they are added in the <strong>Presidential List under Articles 341 and 342</strong> of the Constitution of India, there is no question of proving backwardness of the SCs and STs all over again.<br />
<ul style="list-style-type: disc;">
<li>The said List cannot be altered by anybody except<strong> Parliament</strong> under Articles 341 and 342- defining who will be considered as SCs or STs in any state or Union Territory.</li>
</ul>
</li>
<li>And, the <strong>creamy layer concept has not been applied</strong> in the Indra Sawhney case.</li>
</ul>
</li>
<li>The Court clarifying its stance in<em><strong> Jarnail Singh vs Lachhmi Narain Gupta case (2018)</strong></em> refused to refer the above issue to a larger bench. <br />
<ul style="list-style-type: circle;">
<li>However, it <strong>invalidated</strong> the requirement of <strong>collecting quantifiable data</strong> by states on the backwardness of SCs and STs while granting quota in promotions as laid down by the Court in Nagaraj verdict, but states need to back it with appropriate data showing the inadequate representation of SCs &amp; STs in the cadre.</li>
<li>On the <strong>creamy layer principle</strong> for excluding the well-off amongst the SC/ST communities from availing the benefit, the Court followed the Nagaraj verdict. <br />
<ul style="list-style-type: disc;">
<li>The Court held that <strong>socially, educationally, and economically</strong> advanced<strong> cream</strong> of Scheduled Castes/Scheduled Tribes communities must be excluded from the benefits of reservation in government services in order to transfer quota benefits to the weakest of the weaker individuals and not be snatched away by members of the same class who were in the &ldquo;top creamy layer&rdquo;.</li>
<li>The Court also observed that it will not be possible to uplift the weaker sections if only the creamy layer within that class bags all the coveted jobs in the public sector and perpetuate themselves, leaving the rest of the class as backward as they were.</li>
</ul>
</li>
</ul>
</li>
<li>The government is now asking the Supreme Court to reconsider its verdict in Jarnail Singh case with respect to the applicability of creamy layer principle.</li>
</ul>
<p>Reservation provides <strong>appropriate positive discrimination</strong> for the benefit of the socially and educationally backward sections of the society. And the creamy layer concept helps in ensuring that only the <strong>genuinely deserving and the most downtrodden</strong> members of any particular community get those reservation benefits.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #e6ffd1;"><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span><br /><br />Briefly discuss the process of the evolution of &lsquo;principle of creamy layer&rsquo; in reservations. What are the advantages and challenges associated with it?</td>
</tr>
</tbody>
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		'article_id' => (int) 3791,
		'category_id' => (int) 21,
		'title' => 'Particularly Vulnerable Tribal Groups',
		'description' => '<h3>Why in News</h3>
<p><strong>Ministry of Tribal Affairs</strong> has implemented the scheme of <strong>&ldquo;Development of PVTGs&rdquo;</strong> which covers 75 Particularly Vulnerable Tribal Groups (PVTGs) for their comprehensive socio-economic development.</p>
<ul style="list-style-type: square;">
<li>Under the scheme, State Governments submits <strong>Conservation-cum-Development (CCD)</strong> plans on the basis of their requirement.</li>
<li><strong>100% grants-in-aid</strong> are made available to States as per the provisions of the scheme.</li>
</ul>
<h3>Particularly Vulnerable Tribal Groups (PVTGs)</h3>
<ul style="list-style-type: square;">
<li>In India, tribal population makes up for <strong>8.6% of the total</strong> population.</li>
<li>PVTGs are more vulnerable among the tribal groups. Due to this factor,<strong> more developed and assertive tribal</strong> groups take a major chunk of the tribal development funds because of which PVTGs need more funds directed for their development.</li>
<li>In <strong>1973,</strong> the<strong> Dhebar Commission created Primitive Tribal Groups (PTGs)</strong> as a separate category, who are less developed among the tribal groups. In<strong> 2006,</strong> the Government of India<strong> renamed the PTGs as PVTGs.</strong></li>
<li>In this context, in <strong>1975,</strong> the Government of India initiated to identify the most vulnerable tribal groups as a separate category called PVTGs and <strong>declared 52 such groups,</strong> while in <strong>1993</strong> an <strong>additional 23 groups</strong> were added to the category, making it a total of 75 PVTGs out of 705 Scheduled Tribes.</li>
<li>PVTGs have some <strong>basic characteristics -</strong> they are mostly <strong>homogenous,</strong> with a<strong> small population, relatively physically isolated, absence of written language, relatively simple technology</strong> and a <strong>slower rate of change</strong> etc.</li>
<li>Among the 75 listed PVTG&rsquo;s the <strong>highest number are found in Odisha.</strong></li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1594553" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
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		'article_id' => (int) 3775,
		'category_id' => (int) 21,
		'title' => 'Pathalgarhi Movement',
		'description' => '<h3>Why in News</h3>
<p>Recently, the Union government withdrew amendments to the <a href="/to-the-points/Paper2/forest-rights-act-2006" target="_blank" rel="noopener"><strong>Forest Rights Act (FRA), 2006</strong></a> which would have diluted tribal rights over forests. These amendments evoked sustained protests by tribal and environmental activists.</p>
<ul style="list-style-type: square;">
<li>The state government of<strong> Jharkhand</strong> tried to amend the <strong>Chotanagpur Tenancy Act, 1908</strong> and <strong>Santhal Parganas Tenancy Act, 1876</strong> to facilitate easier land acquisition norms which added to the problem. They were also withdrawn later on.</li>
<li>However, these decisions gave rise to the <strong>Pathalgarhi incidents</strong> in the tribal belt demanding implementation of the FRA and provisions of the <strong>Panchayats (Extension of Scheduled Areas) Act (PESA), 1996.</strong></li>
</ul>
<div class="border-bg">
<ul style="list-style-type: square;">
<li><a href="/daily-updates/daily-news-analysis/jharkhand-foundation-day" target="_blank" rel="noopener"><strong>Birsa Munda&rsquo;s</strong></a> struggle against the exploitation and discrimination against tribals led to the passing of the <strong>Chotanagpur Tenancy Act in 1908</strong> which restricted the passing of land from the tribal people to non-tribals.</li>
<li>The <strong>Santhal Parganas Tenancy Act, 1876</strong> prohibits the sale of Adivasi land to non-Adivasis in Santhal Pargana region along Jharkhand's border with Bengal.</li>
</ul>
</div>
<h3>Pathalgarhi Rebellion</h3>
<ul style="list-style-type: square;">
<li>It is a <strong>protest</strong> in which tribal people embed stone slabs (pathals) on the outskirts of a village or area, demarcating the limits of where their writ runs, prohibiting the entry of any institution connected to the state.</li>
<li>It is mainly concentrated in the four districts in the State&mdash; namely <strong>Khunti, Gumla, Simdega and West Singhbhum.</strong></li>
<li>In Munda tribal custom, placement of a huge stone marks the death of a person. The Pathalgadi movement draws on this tradition of honouring the community&rsquo;s ancestors.</li>
</ul>
<h3>The Panchayats (Extension to the Scheduled Area) Act, 1996</h3>
<ul style="list-style-type: square;">
<li>It <strong>safeguards and preserves</strong> the traditions and customs of the people, and their cultural identity, community resources, customary mode of dispute resolution.</li>
<li>PESA <strong>empowers</strong> Gram Sabha/Panchayat at an appropriate level with the right to mandatory consultation in land acquisition, resettlement and rehabilitation of displaced persons.</li>
<li>It seeks to <strong>reduce alienation</strong> in tribal areas as they will have better control over the utilisation of public resources.</li>
<li>It will help<strong> minimise exploitation</strong> of tribal population as they will be able to control and manage money lending, consumption and sale of liquor and also village markets.</li>
<li>It <strong>promotes cultural heritage</strong> through the preservation of traditions, customs and cultural identity of tribal population.</li>
</ul>
<p><a href="https://www.thehindu.com/elections/jharkhand/bjp-puts-up-a-brave-face-amid-tribal-discomfort/article30131419.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 3321,
		'category_id' => (int) 21,
		'title' => 'Meghalayan Minor Tribes Exclusion',
		'description' => '<p>Recently, the Government of Meghalaya has decided to exclude <strong>&lsquo;unrepresented tribes&rsquo;</strong> from the provisions of the <a href="/daily-updates/daily-news-analysis/ladakh-under-sixth-schedule" target="_blank" rel="noopener"><strong>Sixth Schedule</strong></a> of the Constitution.</p>
<ul style="list-style-type: square;">
<li>The five minor tribes namely, <strong>Bodo-Kachari, Hajong, Koch, Mann, and Rabha</strong> are clubbed together as <strong>&lsquo;unrepresented tribes&rsquo;</strong> for nomination in Meghalaya&rsquo;s autonomous tribal councils.<br />
<ul style="list-style-type: circle;">
<li>These minor tribes are<strong> indigenous to Meghalaya</strong> and have been living in the state much before its creation in 1972.</li>
</ul>
</li>
<li>These tribal councils are in the names of <strong>Garo, Jaintia, and Khasi</strong> district councils, that form the State&rsquo;s three major autonomous councils (predominantly the <strong>matrilineal communities).</strong></li>
<li>On September 26, 2019, a sub-committee constituted by the State government had decided to recommend to the <strong>Standing Committee of Parliament</strong> for the removal of the word &lsquo;unrepresented tribes&rsquo; from the Sixth Schedule. <br />
<ul style="list-style-type: circle;">
<li>This move has excluded 5 minor tribes in the State.</li>
</ul>
</li>
<li>The Sixth Schedule makes special provisions for the welfare and advancement of the Scheduled Tribes and the tribal areas residing in the parts or the whole of the four northeastern states namely, Assam, Meghalaya, Mizoram, and Tripura.<br />
<ul style="list-style-type: circle;">
<li>The proposed amendment will deprive some of these Scheduled Tribes of their <strong>constitutional rights to be represented</strong> in the autonomous district councils as of now, it will not be possible for them to get elected on the basis of adult suffrage.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Hajong Tribe</strong></p>
<ul style="list-style-type: square;">
<li>The Hajong are tribal people native to the Indian subcontinent mostly in the northeast <strong>Indian states and Bangladesh.</strong> The majority of them are settled in India.</li>
<li>Hajongs are predominantly the <strong>rice farmers</strong> and perform <strong>endogamy.</strong></li>
<li>The Hajongs are <strong>Hindus</strong> and observe Hindu rites and customs.</li>
</ul>
<p><strong>Rabha Tribe</strong></p>
<ul style="list-style-type: square;">
<li>They are indigenous Mongoloid community of Nepal, Bhutan, Thailand, Myanmar, and Bangladesh, and the Indian states of Assam, Meghalaya and West Bengal.</li>
<li>The language/dialect spoken by the <strong>Rabha</strong> people is mostly Rabha as well as Assamese.</li>
<li>In Meghalaya, Rabhas are mostly found in Garo Hills districts.</li>
</ul>
<p><strong>Koch Tribe</strong></p>
<ul style="list-style-type: square;">
<li>They are a Tibeto-Burman ethnolinguistic group of Assam, Meghalaya, West Bengal, and Bangladesh.</li>
<li>Their language belongs to the Tibeto-Burman linguistic group.</li>
<li>According to the census of 1881, Koch belong to a group of Bodo-Kachari people.</li>
</ul>
<p><strong>Bodo-Kachari</strong></p>
<ul style="list-style-type: square;">
<li>It is a generic term applied to a number of ethnic groups that are predominantly living in the Northeast Indian state of Assam.</li>
<li>They generally speak Assamese and other Tibeto-Burman languages and have a shared ancestry.</li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/national/other-states/stop-exclusion-from-sixth-schedule-meghalaya-tribes/article29623291.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 3117,
		'category_id' => (int) 21,
		'title' => 'Ladakh Under Sixth Schedule',
		'description' => '<p>The <strong>National Commission for Scheduled Tribes (NCST)</strong> has recommended that the <strong>Union Territory (UT) of Ladakh be included in the Sixth Schedule of the Constitution.</strong></p>
<ul style="list-style-type: square;">
<li><strong>NCST, a constitutional body</strong> to safeguard socio-cultural rights of Scheduled Tribes, was entrusted with the responsibility of examining the status of tribals in Ladakh, by the Centre.</li>
<li><strong>If included, Ladakh will be the only UT in the Sixth Schedule.</strong> Also, bestowing such a status to Ladakh would <strong>require a constitutional amendment.</strong></li>
</ul>
<h3>Reasons Behind the Recommendation</h3>
<ul style="list-style-type: square;">
<li>It is estimated that <strong>more than 90% of Ladakh&rsquo;s population is tribal.</strong> The primary <a href="/summary-of-important-reports/xaxa-committee-on-tribal-communities-of-india" target="_blank" rel="noopener"><strong>Scheduled Tribes (STs)</strong></a> in Ladakh are <strong>Balti Beda, Bot (or Boto), Brokpa (or Drokpa, Dard, Shin), Changpa, Garra, Mon and Purigpa.</strong>
<ul style="list-style-type: circle;">
<li>Thereby&nbsp;<strong>several distinct cultural heritages</strong>&nbsp;of these communities in Ladakh region&nbsp;needs to be preserved and promoted.</li>
</ul>
</li>
<li><a href="/daily-updates/daily-news-analysis/article-370-and-35-a-revoked" target="_blank" rel="noopener"><strong>Prior to the creation of Union Territory of Ladakh,</strong></a> <strong>people in Ladakh region had certain agrarian rights</strong> including right on land which restricted people from other parts of the country to purchase or acquire land in Ladakh.</li>
<li>Inclusion in the sixth schedule <strong>will help in democratic devolution of powers</strong> in the region and will also enhance the transfer of funds for speedy development of the region.</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1568275773_image1.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1568275773_image1.jpg" style="display: block; margin-left: auto; margin-right: auto;" width="721" height="163" caption="false" /></a></p>
<h3>Sixth Schedule</h3>
<ul style="list-style-type: square;">
<li>The Constitution, under Sixth Schedule, contains <strong>special provisions for the administration of tribal areas</strong> in the <strong>four north-eastern</strong> states of <strong>Assam, Meghalaya, Tripura and Mizoram.</strong></li>
<li><strong>Autonomous Districts:</strong> The tribal areas in these four states have been constituted as autonomous districts. The <strong>governor is empowered to organise and re-organise the autonomous districts.</strong><br />
<ul style="list-style-type: circle;">
<li>The acts of Parliament or the state legislature do not apply to autonomous districts or apply with specified modifications and exceptions.</li>
<li>The power of direction, in this regard, lies <strong>either with the President or Governor.</strong></li>
</ul>
</li>
<li><strong>District Council:</strong> Each autonomous district has a district <strong>council consisting of 30 members, of whom four are nominated by the Governor</strong> and the remaining 26 are elected on the basis of adult franchise. <br />
<ul style="list-style-type: circle;">
<li>The elected members hold office for a term of five years (unless the council is dissolved earlier) and nominated members hold office during the pleasure of the governor.</li>
<li>Each autonomous region also has a separate regional council.</li>
</ul>
</li>
<li><strong>Powers of the Council:</strong> The district and regional councils administer the areas under their jurisdiction. <br />
<ul style="list-style-type: circle;">
<li>They can make <strong>laws on certain specified matters like land, forests, canal water, shifting cultivation,</strong> village administration, the inheritance of property, marriage and divorce, social customs and so on. But <strong>all such laws require the assent of the Governor.</strong></li>
<li>They can <strong>constitute</strong> village councils or <strong>courts for trial of suits and cases between the tribes.</strong> They hear appeals from them. The jurisdiction of the high court over these suits and cases is specified by the governor.</li>
<li>The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district.</li>
<li>They are empowered to <strong>assess and collect land revenue</strong> and to impose certain specified taxes.</li>
</ul>
</li>
</ul>
<h3>National Commission for Scheduled Tribes</h3>
<ul style="list-style-type: square;">
<li><strong>Formation:</strong> The National Commission for Scheduled Tribes (NCST) was established by <strong>amending Article 338</strong> and inserting a new <strong>Article 338A</strong> in the Constitution through the <strong>Constitution (89<sup>th</sup> Amendment) Act, 2003.</strong> <br />
<ul style="list-style-type: circle;">
<li>By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- the National Commission for Scheduled Castes (NCSC), and the National Commission for Scheduled Tribes (NCST) w.e.f. 19<sup>th</sup> February 2004.</li>
</ul>
</li>
<li><strong>Composition:</strong> The National Commission for Scheduled Tribes has a <strong>Chairperson, a Vice-Chairperson and 3 other Members.</strong> These are are appointed by the <strong>President</strong> by warrant under his hand and seal.<br />
<ul style="list-style-type: circle;">
<li>One of the three other Members has to be a <strong>woman.</strong></li>
<li>The Vice-Chairperson and all other Members, out of whom <strong>at least two</strong> are appointed from amongst persons <strong>belonging to the Scheduled Tribes.</strong></li>
</ul>
</li>
<li><strong>Term of Office:</strong><br />
<ul style="list-style-type: circle;">
<li>The term of office of each member of the Commission is <strong>three years</strong> from the date of assumption of charge.</li>
<li>The members are <strong>not eligible for appointment</strong> for more <strong>than two terms.</strong></li>
</ul>
</li>
<li><strong>Functions:</strong> <br />
<ul style="list-style-type: circle;">
<li>To monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or under any other law or under any order of the Government</li>
<li>To participate and advise on the planning process of socio-economic development of the Scheduled Tribes,</li>
<li>To evaluate the progress of their development under the Union and any State,</li>
<li>To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.</li>
</ul>
</li>
<li><strong>Headquarters:</strong> New Delhi.</li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1584746" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
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		'article_id' => (int) 2913,
		'category_id' => (int) 21,
		'title' => 'Super 50',
		'description' => '<p><strong>Maharashtra&rsquo;s Tribal Development Department</strong> in association with the <strong>Pace Educational Trust</strong> has launched an academic programme for young tribal students aspiring to be doctors and engineers.</p>
<h3>About the Scheme</h3>
<ul style="list-style-type: square;">
<li>The initiative is inspired by the work of <strong>Patna&rsquo;s Anand Kumar</strong> who runs an initiative called <strong>&lsquo;Super 30&rsquo;</strong> for underprivileged students to sit for Indian Institutes of Technology (IIT) entrance exam.</li>
<li>The <strong>Super 50</strong> programme will mentor<strong> 50</strong> most meritorious <a href="/summary-of-important-reports/xaxa-committee-on-tribal-communities-of-india" target="_blank" rel="noopener"><strong>tribal</strong> </a>students from the <strong>State</strong> and prepare them for engineering and medical exams.</li>
<li><strong>Tribal</strong> students from the state who have passed their <strong>class 10<sup>th</sup> </strong>exam are eligible to enroll for the entrance test.</li>
<li>It will be a <strong>two-year residential programme,</strong> where the students will be provided hostel and mess facilities, a tablet, NCERT books and career counselling.</li>
</ul>
<h3>Kashmir Super 50</h3>
<ul style="list-style-type: square;">
<li>Project Kashmir Super 50, a joint initiative by <strong>Indian Army, Center for Social Responsibility and Leadership (CSRL)</strong> and <strong>PETRONET LNG Limited (PLL)</strong> was launched in March 2013 to transform the<strong> educational status of children from economically weaker sections in the Kashmir region.</strong></li>
<li>It is an 11-month program in which 50 students are selected every year and they are provided with complete free residential coaching for IIT-JEE, JKCET and other premier Engineering Institutes.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/other-states/super-50-an-initiative-for-tribal-students-to-fulfil-dreams/article29215270.ece" target="_blank" rel="noopener"><strong>Source: The Hindu</strong></a></p>',
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		'article_id' => (int) 2596,
		'category_id' => (int) 27,
		'title' => 'Reservation in India',
		'description' => '<h3>Introduction</h3>
<ul style="list-style-type: square;">
<li><strong>The age-old caste system</strong> of India is responsible for the origination of the reservation system in the country.</li>
<li>In simple terms, it is about <strong>facilitating access</strong> to seats in the government jobs, educational institutions, and even legislatures to certain sections of the population.</li>
<li>These sections have faced <strong>historical injustice</strong> due to their caste identity.</li>
<li>As a <strong>quota based affirmative action,</strong> the reservation can also be seen as positive discrimination.</li>
<li>In India, it is governed by government policies backed by the Indian Constitution.</li>
</ul>
<h3>Historical Background</h3>
<ul style="list-style-type: square;">
<li><strong>William Hunter and Jyotirao Phule</strong> in 1882 originally conceived the idea of caste-based reservation system.</li>
<li>The reservation system that exists today, in its true sense, was introduced in 1933 when British Prime-Minister Ramsay Macdonald presented the <strong>&lsquo;Communal Award&rsquo;.</strong></li>
<li>The award made provision for <strong>separate electorates</strong> for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans and the Dalits.</li>
<li>After long negotiations, Gandhi and Ambedkar signed the <strong>&lsquo;Poona Pact&rsquo;,</strong> where it was decided that there would be a single Hindu electorate with certain reservations in it.</li>
<li>After independence, initially reservations were provided only for SCs and STs.</li>
<li>OBCs were included in the ambit of reservation in 1991 on the recommendations of the <strong>Mandal Commission.</strong></li>
</ul>
<div class="border-bg">
<h3>Mandal Commission</h3>
<ul style="list-style-type: square;">
<li>In exercise of the powers conferred by <strong>Article 340</strong> of the Constitution, the President appointed a backward class commission in December 1978 under the chairmanship of B. P. Mandal.</li>
<li>The commission was formed to determine the criteria for <strong>defining India&rsquo;s &ldquo;socially and educationally backward classes&rdquo;</strong> and to recommend steps to be taken for the advancement of those classes.</li>
<li>The Mandal Commission concluded that India&rsquo;s population consisted of approximately 52 percent OBCs, therefore <strong>27% government jobs should be reserved</strong> for them.</li>
<li>The commission has developed<strong> eleven indicators</strong> of social, educational, and economic backwardness.</li>
<li>Apart from identifying backward classes among Hindus, the Commission has also identified <strong>backward classes among non-Hindus</strong> (e.g., Muslims, Sikhs, Christians, and Buddhists.</li>
<li>It has generated an all-India other backward classes (OBC) list of 3,743 castes and a more underprivileged &ldquo;depressed backward classes&rdquo; list of 2,108 castes.</li>
</ul>
</div>
<ul style="list-style-type: square;">
<li>In the <strong>Indra Sawhney Case of 1992,</strong> the Supreme Court while upholding the 27 percent quota for backward classes,struck down the government notification reserving 10% government jobs for economically backward classes among the higher castes.</li>
<li>Supreme Court in the same case also upheld the principle that the combined reservation beneficiaries should <strong>not exceed 50 percent</strong> of India&rsquo;s population.</li>
<li>The <strong>concept of &lsquo;creamy layer&rsquo;</strong> also gained currency through this judgment and provision that reservation for backward classes should be confined to initial appointments only and not extend to promotions.</li>
<li>Recently, the Constitutional <strong>(103<sup>rd</sup> Amendment)</strong> Act of 2019 has provided 10% reservation in government jobs and educational institutions for the &ldquo;economically backward&rdquo; in the unreserved category.</li>
<li>The Act <strong>amends Articles 15 and 16</strong> of the Constitution by adding clauses empowering the government to provide reservation on the basis of economic backwardness.</li>
<li>This 10% economic reservation is over and above the 50% reservation cap.</li>
</ul>
<h3>Constitutional Provisions Governing Reservation in India</h3>
<ul style="list-style-type: square;">
<li><strong>Part XVI</strong> deals with reservation of SC and ST in Central and State legislatures.</li>
<li><strong>Article 15(4) and 16(4)</strong> of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.</li>
<li>The Constitution was amended by the <strong>Constitution (77<sup>th</sup> Amendment) Act,</strong> 1995 and a new <strong>clause (4A)</strong> was inserted in <strong>Article 16</strong> to enable the government to provide reservation in promotion.</li>
<li>Later, <strong>clause (4A)</strong> was modified by the Constitution (85<sup>th</sup> Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.</li>
<li>Constitutional 81<sup>st</sup> Amendment Act, 2000 inserted <strong>Article 16 (4 B)</strong> which enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby <strong>nullifying the ceiling of fifty percent reservation</strong> on total number of vacancies of that year.</li>
<li><strong>Article 330 and 332</strong> provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.</li>
<li><strong>Article 243D</strong> provides reservation of seats for SCs and STs in every Panchayat.</li>
<li><strong>Article 233T</strong> provides reservation of seats for SCs and STs in every Municipality.</li>
<li><strong>Article 335</strong> of the constitution says that the claims of STs and STs shall be taken into consideration constituently with the maintenance of efficacy of the administration.</li>
</ul>
<div class="border-bg">
<h3>Judicial Scrutiny of Reservation</h3>
<ul style="list-style-type: square;">
<li>The <strong>State of Madras v. Smt.Champakam Dorairajan (1951) case</strong> was the first major verdict of the Supreme Court on the issue of Reservation.The case led to the First amendment in the constitution.</li>
<li>The Supreme Court in the case pointed out that while in the case of employment under the State, <strong>Article 16(4)</strong> provides for reservations in favour of backward class of citizens, no such provision was made in Article 15.</li>
<li>Pursuant to the Supreme Court&rsquo;s order in the case the Parliament amended Article 15 by inserting Clause (4).</li>
<li>In <strong>Indra Sawhney v. Union of India (1992) case</strong> the court examined the scope and extent of Article 16(4).</li>
<li>The Court has said that the <strong>creamy layer</strong> of OBCs should be excluded from the list of beneficiaries of reservation, there should not be reservation in promotions; and total reserved quota <strong>should not exceed 50%.</strong></li>
<li>The Parliament responded by enacting <strong>77<sup>th</sup> Constitutional Amendment Act</strong> which introduced Article 16(4A).</li>
<li>The article confers power on the state to reserve seats in favour of SC and ST in promotions in Public Services if the communities are not adequately represented in public employment.</li>
<li>The Supreme Court in <strong>M. Nagaraj v. Union Of India 2006</strong> case while upholding the constitutional validity of Art 16(4A) held that any such reservation policy in order to be constitutionally valid shall satisfy the following three constitutional requirements:<br />
<ul style="list-style-type: circle;">
<li>The SC and ST community should be <strong>socially and educationally backward.</strong></li>
<li>The SC and ST communities are <strong>not adequately represented in Public employment.</strong></li>
<li>Such reservation policy <strong>shall not affect the overall efficiency</strong> in the administration.</li>
</ul>
</li>
<li>In <strong>Jarnail Singh vs Lachhmi Narain Gupta case of 2018,</strong> Supreme Court holds that reservation in promotions does not require the state to collect quantifiable data on the backwardness of the Scheduled Castes and the Scheduled Tribes.</li>
<li>The Court held that creamy layer exclusion extends to SC/STs and, hence the State cannot grant reservations in promotion to SC/ST individuals who belong to the creamy layer of their community.</li>
<li>In May 2019 the Supreme Court upheld the <a href="/daily-updates/daily-news-analysis/sc-upholds-karnataka-law-granting-reservation-in-promotion-for-sc-st" target="_blank" rel="noopener"><strong>Karnataka law</strong></a> that allows reservations in promotions for SCs and STs with consequential seniority.</li>
</ul>
</div>
<h3>Why reservation needed?</h3>
<ul style="list-style-type: square;">
<li>To correct the <strong>historical injustice</strong> faced by backward castes in the country.</li>
<li>To provide a <strong>level playing field</strong> for backward section as they can not compete with those who have had the access of resources and means for centuries.</li>
<li>To ensure <strong>adequate representation</strong> of backward classes in the services under the State.</li>
<li>For <strong>advancement</strong> of backward classes.</li>
<li>To <strong>ensure equality</strong> as basis of meritocracy i.e all people must be brought to the same level before judging them on the basis of merit.</li>
</ul>
<h3>Argument Against Reservation</h3>
<ul style="list-style-type: square;">
<li>Reservation in state services led to <strong>divisions and enmity</strong> among government employees, vitiating the atmosphere at workplace.</li>
<li>Eradication, not perpetuation of caste was the objective of the reservation policy but Caste Based Reservation only <strong>perpetuate the notion of caste in society.</strong></li>
<li>Reservation was introduced to ensure that the historically underprivileged communities were given equal access to resources but irrespective of the economic progress they <strong>continue to remain socially disadvantaged.</strong></li>
<li>Reservation destroys self-respect, so much so that competition is no longer on to determine the best but the most backward.</li>
<li>Reservations are the <strong>biggest enemy of meritocracy</strong> which is the foundation of many progressive countries.</li>
<li>It has became <strong>a tool to meet narrow political ends</strong> through invoking class loyalties and primordial identities.</li>
<li>The <strong>dominant and elite class</strong> within the backward castes has appropriated the benefits of reservation and the most marginalised within the backward castes have remained marginalised.</li>
<li>Reservation has become the <strong>mechanism of exclusion rather than inclusion</strong> as many upper caste poors are also facing discrimination and injustice which breeds frustration in the society.</li>
</ul>
<h3>Reasons Behind Increasing Demands of Reservation</h3>
<ul style="list-style-type: square;">
<li>Reservation is increasingly seen as a <strong>remedy for the adverse effects</strong> of ill-thought out development policies.</li>
<li>In developed states like Haryana, Gujarat and Maharashtra, in spite of their economies being relatively better, three things have been worrying the people:<br />
<ul style="list-style-type: circle;">
<li><strong>Acute agrarian distress,</strong></li>
<li><strong>Stagnation in employment growth </strong>and</li>
<li><strong>Distortions in the development trajectory.</strong></li>
</ul>
</li>
<li>In this backdrop, for governments, it is easier to talk of reservation than to make a <strong>course correction.</strong></li>
<li>Increasing reservation demands among upper castes also arising from the<strong> fear of losing privilege</strong> and the inability to cope with change</li>
<li>Upper castes have begun to feel disadvantaged especially in context of <strong>government jobs</strong> as they don&rsquo;t get similar advantages like backward classes.</li>
</ul>
<h3>Suggestion</h3>
<ul style="list-style-type: square;">
<li>The reservation benefits should flow to the vast majority of underprivileged children from deprived castes; not to a few privileged children with a caste tag.</li>
<li>High ranks officials families, high income professionals and others above a certain income should not get the reservation benefits especially in government jobs.</li>
<li><strong>Fair and practical ways</strong> to help needy person from each community through reservation is possible and necessary.</li>
<li>The process of reservation should <strong>filter the truly economically deprived</strong> individuals and bring them all to justice</li>
<li>Revolutionary changes in the <strong>education system</strong> at the grass-roots level is need of the hour.</li>
<li>There is also need for <strong>awareness generation</strong> because while the unreserved segments, keep on opposing the provision, the neediest sections from within the reserved segments are hardly aware about how to get benefited from the provision or even whether there are such provisions exists.</li>
<li>The <strong>radical solutions</strong> like excluding the entire creamy layer among all castes from reservation and developing their capabilities instead of offering them reservation for admission to higher education or jobs on a platter.</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>Reservation is fair, as far as it provides <strong>appropriate positive discrimination</strong> for the benefit of the downtrodden and economically backward Sections of the society.</li>
<li>But when it tends to harm the society and ensures privileges to some at the cost of others for <strong>narrow political ends,</strong> it should be done away with, as soon as possible.</li>
<li>The communities excluded from reservations harbour <strong>animosity and prejudice</strong> against the castes included in the reservation category.</li>
<li>When more people aspire for backwardness rather than of forwardness, <strong>the country itself stagnates.</strong></li>
<li>Meritocracy should not be polluted by injecting relaxation of entry barriers, rather than it should be encouraged by offering <strong>financial aid to the underprivileged.</strong></li>
<li>A<strong> strong political will</strong> is indispensable to find an equilibrium between justice to the backwards, equity for the forwards and efficiency for the entire system.</li>
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		'article_id' => (int) 2115,
		'category_id' => (int) 21,
		'title' => 'Jan Shikshan Sansthans',
		'description' => '<p>The government has waived the fee for SC/ST candidates, who join vocational training under Jan Shikshan Sansthan.</p>
<ul style="list-style-type: square;">
<li>Formerly under the Ministry of Human Resources Development, Jan Shikshan Sansthans were transferred to the <strong>Ministry of Skill Development &amp; Entrepreneurship in 2018.</strong></li>
</ul>
<h3>Jan Shikshan Sansthan</h3>
<ul style="list-style-type: square;">
<li>Jan Shikshan Sansthan (formerly known as Shramik Vidyapeeth) are established for providing vocational skills to <strong>non-literate</strong>, <strong>neo-literates</strong> as well as <strong>school dropouts</strong> by identifying skills that have a market in the region of their establishment.</li>
<li>The <strong>scope of work</strong> of Jan Shikshan Sansthans (JSSs) includes the following:
<ul style="list-style-type: circle;">
<li>Develop/Source appropriate <strong>curriculum and training modules</strong> covering vocational elements, general awareness and life enrichment components.</li>
<li>JSS&rsquo;s are encouraged to undertake <strong>training equivalent</strong> to courses designed by the Directorate of Adult Education, National Institute of Open Schooling and Director General, Employment &amp; Training.</li>
<li>Provide training to a pool of resource persons and <strong>master trainers</strong> for conducting training.</li>
<li>Administer simple<strong> tests and award certificates</strong>.</li>
<li><strong>Network with employers</strong> and industries for trainees to get suitable placement</li>
</ul>
</li>
</ul>',
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		'article_id' => (int) 1747,
		'category_id' => (int) 17,
		'title' => 'Capacity Building for Conflict Resolution – 2nd ARC',
		'description' => '<h2>CHAPTER 1. Introduction</h2>
<p>Conflict is an unavoidable facet of human life. The maturity of a society is thus measured not so much by the absence of conflict in it as the ability of its institutions and procedures for resolving it.</p>
<p>The potential for conflict will always exist in a society with its members having different mores, interests, and socio-economic conditions and needs. Thus, in any society, for a variety of reasons, perceptions may be conceived about group or communal interests being harmed or relatively deprived.</p>
<p>Democracy is, in fact, essential for conflict resolution and nation building, particularly in pluralistic States. Conflicts and differences cannot be removed by Government decrees nor can the energy of diverse elements be channelized towards nation building except through the means and methods available within a democratic framework.</p>
<p>The real problem in many of our States and regions is economic; the conflict is over resources but camouflaged in various forms of identity politics based on religion, on caste, on region, on ethnicity, on language and less frequently based on ideological divides.</p>
<h2>CHAPTER 2. Conflict Resolution &ndash; A Conceptual Framework</h2>
<p>Conflict has been defined as a situation between two or more parties who see their perspectives as incompatible. Conflicts have a negative beneficial connotation, but some conflicts are desirable as they can <strong>create change</strong>.</p>
<p>John Donne, the 16th century poet, wrote, <strong>&lsquo;No man is an island entire of itself&rsquo;</strong>. Individuals see themselves as members of a variety of groups which often span a number of their interests.</p>
<p>The search for <strong>identity is a powerful</strong> psychological <strong>driving force</strong>. The sense of identity can contribute enormously to the strength and warmth of an individual&rsquo;s relations with others such as his neighbours, members of his community, fellow citizens or people who profess the same religion.</p>
<p>And yet, <strong>identity can also kill</strong> &ndash; a strong and exclusive sense of belonging to one group does, in many cases, leads to conflict. With suitable instigation, a fostered sense of identity with one group of people is often made into a powerful weapon to brutalise another and the result is hatred and violence. The intensity of such hatred and violence poses a veritable threat to the very fabric of society.</p>
<h3>A. Stages of Conflicts &ndash; a Life Cycle Approach</h3>
<p>A conflict is not a single-event phenomenon but is a dynamic process having different stages.<a href="http://www.drishtiias.com/images/uploads/602image12.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/602image12.png" style="float: right;" width="300" height="306" /></a></p>
<ol>
<li><strong>Individual and Societal Tensions</strong> when an individual or a group feels that he/it has been wronged or has not got what was due.</li>
<li><strong>Latent Conflict:</strong> Tensions lead to a feeling of injustice and give rise to simmering discontent. However, at this stage, these tensions may manifest themselves in the form of requests to authorities, etc. This is the <strong>best time for Administrative to act</strong>.</li>
<li><strong>Escalation of Tensions:</strong> The parties involved express their feelings through more aggressive methods such as demonstrations, processions, strikes, &lsquo;bandhs&rsquo; etc.</li>
<li><strong>Eruption:</strong> a small &lsquo;spark&rsquo; leads to eruption of violence.</li>
<li><strong>Stalemate:</strong> situation similar to the &lsquo;latent tension&rsquo; and has the potential to erupt at regular intervals.</li>
</ol>
<h3>B. Conflict Resolution and the Constitution</h3>
<p>Democracy is one of the most potent instruments for containing and moderating conflict.</p>
<p>The constitution opted for the democratic process and adult franchise which created the space for diverse groups in the country to acquire a stake in the process of nation-building.</p>
<p>Apart from providing for a powerful and independent judiciary, the constitution also included provisions for the creation of institutions for resolving conflicts, for example, water disputes, disputes between States etc.</p>
<p><strong>What should the State do to resolve conflicts?</strong></p>
<p>The State should develop an understanding of the genesis of conflicts and to formulate long-term strategies that not only address immediate demands but also include attention to underlying issues such as alleviation of poverty, social justice and empowerment, and corruption-free development at the grass-root level.</p>
<h2>CHAPTER 3. Left Extremism</h2>
<h3>A. Left Extremism: Spread and Intensity</h3>
<p>The left extremist outburst, later known as the Naxalite movement, started in March 1967 in the three police station areas (Naxalbari, Khoribari and Phansidewa) of Darjeeling district in West Bengal. The &lsquo;Naxalbari phase&rsquo; of the movement (1967-68) gathered momentum during May-June 1967 but was brought under control by July-August 1967. Today, the left extremist movement is a complex web that covers many States.</p>
<h3>B. The &lsquo;Nature&rsquo; of the Movement</h3>
<p>The left extremist movement has been largely agrarian, that it seeks to mobilize discontent and misgovernance in the rural areas to achieve its objectives.</p>
<h3>C. Causes for Spread of Left Extremism</h3>
<p>A summary of causes extracted from that report is as under:</p>
<ol>
<li><strong>Land Related Factors</strong>
<ul style="list-style-type: circle;">
<li>Evasion of land ceiling laws</li>
<li>Encroachment and occupation of government and community lands</li>
<li>Lack of title to public land cultivated by the landless poor</li>
</ul>
</li>
<li><strong>Displacement and Forced Evictions</strong>
<ul style="list-style-type: circle;">
<li>Eviction from lands traditionally used by tribals.</li>
<li>Displacements caused by irrigation and power projects without adequate arrangements for rehabilitation.</li>
<li>Large scale land acquisition for &lsquo;public purposes&rsquo; without appropriate compensation or rehabilitation.</li>
</ul>
</li>
<li><strong>Livelihood related causes</strong>
<ul style="list-style-type: circle;">
<li>Lack of food security &ndash; corruption in the Public Distribution System.</li>
<li>Deprivation of traditional rights in common property resources.</li>
</ul>
</li>
<li><strong>Social Exclusion</strong>
<ul style="list-style-type: circle;">
<li>Denial of dignity.</li>
<li>Continued practice of untouchability in various forms.</li>
<li>Poor implementation of special laws on prevention of atrocities, protection of civil rights and abolition of bonded labour etc.</li>
</ul>
</li>
<li><strong>Governance Related Factors</strong>
<ul style="list-style-type: circle;">
<li>Corruption and poor provision/non-provision of essential public services including primary health care and education.</li>
<li>Incompetent, ill trained and poorly motivated public personnel who are mostly absent from their place of posting.</li>
<li>Misuse of powers by the police and violations of the norms of law.</li>
<li>Perversion of electoral politics and unsatisfactory working of local government institutions.</li>
</ul>
</li>
</ol>
<h3>D. Resolution of Left Extremist Conflicts &ndash; Successes and Failures</h3>
<p>Many left extremist movements, notably the uprising in <strong>Naxalbari,</strong> were resolved successfully.</p>
<p>The <strong>comprehensive Area Development Programme (cADP)</strong> was introduced to <strong>supply inputs</strong> and <strong>credit</strong> to small farmers and the government took the responsibility of <strong>marketing their produce</strong> and it was ensured that <strong>debts</strong> incurred by the tribal poor are cancelled and instead, loans were advanced to them from banks and other sources for agricultural improvement.</p>
<p>In West Bengal, <strong>Operation Barga</strong> was started to ensure the rights of the sharecroppers. Alongside, significant increases were made in the minimum <strong>wages</strong> which benefitted large sections of the rural poor. As a result, the <strong>beneficiaries</strong> of these government programmes began to distance themselves from Naxalism and this started the beginning of the <strong>end of Naxalism</strong> in these areas.</p>
<p>Unlike the relatively successful stories outlined above, the situation in Chhattisgarh today continues to cause serious concern. The situation in the region has not been helped by the raising of local resistance groups called <strong>Salwa Judum</strong>.</p>
<p>Applying the West Bengal model is a matter requiring careful consideration. It is clear that a judicious mix of development and welfare initiatives coupled with land reforms and well planned counterinsurgency operations is required to restore peace, harmony and confidence in the administration in such areas.</p>
<h3>E. Managing Left Extremism &ndash; the Political Paradigm.</h3>
<p>It needs to be emphasized that while the ultimate goal of the left extremist movement is to capture state power, its immediate manifestation is in the form of a struggle for social justice, equality, dignity and honesty in public services. In that context, there may also be a need to keep the door open for negotiations with such groups and not necessarily insist on preconditions such as laying down of arms.</p>
<p>To sum up, left extremism feeds on persistent and serious shortcomings in the domain of general and development administration, resulting in the failure of the government to address the needs of the poor in areas pertaining to land, food, water and personal security, equity, ethnic/cultural identity etc.</p>
<p><strong>Way Forward</strong></p>
<ul style="list-style-type: square;">
<li>Most of the &lsquo;participants&rsquo; in left extremist organizations are alienated sections of society</li>
<li>Police action over a long period is counter-productive; it is likely to affect the innocent more than the extremists.</li>
<li>Negotiations have a definite ameliorative role.</li>
<li>Faithful, fair and just implementation of laws and programmes for social justice will go a long way to remove the basic causes of resentment among aggrieved sections of society.</li>
<li>Development initiatives suitable to local conditions along with democratic methods of conflict resolution will have a high success rate.</li>
</ul>
<h3>F. Capacity Building to Deal with Violent Left Extremism</h3>
<div class="border-bg">
<p><strong>Government Policy to Deal with Naxalite Menace</strong></p>
<ol>
<li>The government will deal sternly with the naxalites indulging in violence.</li>
<li>Keeping in view that naxalism is not merely a law &amp; order problem, the policy of the Govt. is to address this menace simultaneously on political security, development and public perception management fronts in a holistic manner.</li>
<li>Naxalism being an inter-State problem, the states will adopt a collective approach and pursue a coordinated response to counter it.</li>
<li>The states will need to further improve police response and pursue effective and sustained police action against naxalites and their infrastructure individually and jointly.</li>
<li>There will be no peace dialogue by the affected states with the naxal groups unless the latter agree to give up violence and arms.</li>
<li>Political parties must strengthen their cadre base in naxal affected areas so that the potential youth there can be weaned away from the path of naxal ideology.</li>
<li>The state from where naxal activity/influence, and not naxal violence, is reported should have a different approach with special focus on accelerated socio-economic development of the backward areas and regular interaction with NGOs, intelligencia, civil liberties groups etc. to minimize over ground support for the naxalite ideology and activity.</li>
<li>Efforts will continue to be made to promote local resistance groups against naxalites but in a manner that the villagers are provided adequate security cover and the area is effectively dominated by the security forces.</li>
<li>Mass media should also be extensively used to highlight the futility of naxal violence and loss of life and property caused by it and developmental schemes of the Government in the affected areas so as to restore people&rsquo;s faith and confidence in the Government machinery.</li>
<li>The states should announce a suitable transfer policy for the naxal affected districts. Willing, committed and competent officers will need to be posted with a stable tenure in the naxal affected districts. These officers will also need to be given greater delegation and flexibility to deliver better and step up Government presence in these areas.</li>
<li>The Government of Andhra Pradesh has an effective surrender and rehabilitation policy for naxalite and has produced good results over the years. The other states should adopt a similar policy.</li>
<li>The State Governments will need to accord a higher priority in their annual plans to ensure faster socio-economic development of the naxal affected areas. The focus areas should be to distribute land to the landless poor as part of the speedy implementation of the land reforms, ensure development of physical infrastructure like roads, communication, power etc. and provide employment opportunities to the youth in these areas.</li>
<li>Another related issue is that development activities are not undertaken in some of the naxalite affected areas mainly due to extortion, threat or fear from the naxalite cadres. In these areas, even contractors are not coming forward to take up developmental work. Adequate security and other measures would need to be taken to facilitate uninterrupted developmental activities in the naxal affected areas.</li>
<li>The Central Government will continue to supplement the efforts and resources of the affected states on both security and development fronts and bring greater coordination between the states to successfully tackle the problem.</li>
</ol>
</div>
<p><strong>Capacity Building of Elements of State and civil society.</strong></p>
<ol>
<li>Security Forces</li>
<li>Administrative Institutions</li>
<li>Government Personnel</li>
<li>Local bodies</li>
<li>Civil Society Organizations</li>
</ol>
<h3>1. Building capacity of Security Forces (including the Police)</h3>
<p><strong>A satisfactory state of law and order is a necessary precondition for development.</strong></p>
<ul style="list-style-type: square;">
<li>Temporarily entrusting some development work to the security forces, For eg. the local police helped in ensuring that schools and health institutions functioned effectively.</li>
<li>Laying down necessary standard operational procedures and protocols in specific terms and detail.</li>
<li>Training and reorientation including sensitizing police and paramilitary personnel to the root causes of the disturbances that they are seeking to curb are required.</li>
<li>Formation of specially trained special task forces</li>
<li>Strengthening the local police station is far more cost effective and more viable in the long run than inducting central forces.</li>
</ul>
<h3>2. Building capacity of Administrative Institutions</h3>
<p><strong>Institutional capacity refers not only to organizations but also to the legal framework and norms within which services are to be delivered.</strong></p>
<ul style="list-style-type: square;">
<li>By filling the administrative vacancies for better delivery of services and effective implementation of schemes.</li>
<li>Providing Provision of local courts and giving judicial and magisterial powers to the officers of the revenue and developmental departments to effectively deal with local issues</li>
<li>LAMP (large Area Multipurpose cooperative Societies) to replace privately owned fair price shops and to implement decentralized schemes for procurement and distribution of food-grains.</li>
<li>Enhancing institutional capacity through Legal interventions like the MGNREGA and FRA (Forest Rights Act) and if implemented, would address both the problems of inadequate employment opportunities and depressed wages.</li>
</ul>
<h3>3. Capacity building among Government Personnel</h3>
<ul style="list-style-type: square;">
<li>People serve in a tribal area (by non-tribals) out of compulsion and are apathetic to their needs, therefore there is a need to Identifying those officers who are compassionate and sensitive and training them at LBS National Academy of Administration to professionally equip them to serve in tribal areas. Such officers will make of public policies, strategies and schemes for the development of these areas and the well being of its citizens.</li>
<li>It must be recognised that a major reason for such practices in &lsquo;disturbed areas&rsquo; is the apprehension of senior functionaries about their personal safety while on duty. It would therefore be advisable to provide suitable security to senior administrative and technical officers.</li>
</ul>
<h3>4. Capacity building in local bodies</h3>
<p><strong>Achivements</strong></p>
<ul style="list-style-type: square;">
<li>Enactment of PESA ( Panchayat Extension to the Scheduled Areas) Act, 1996</li>
<li>PESA brings the Gram Sabha &ndash; at the centre-stage of village affairs.</li>
<li>It brings common village assets under the collective ownership with the power to approve implementation of development plans and to verify their implementation by ratifying, or not ratifying, decisions of the Panchayats.</li>
<li>It will contribute in inculcating a sense of participation and purpose within the village community.</li>
</ul>
<p><strong>Challenges</strong></p>
<ul style="list-style-type: square;">
<li>The problem, however, is that PESA is an &lsquo;indicative legislation&rsquo;; whose implementation depends on the States carrying out specific amendments in their Acts.</li>
<li>Apex level institutions like TRIFED have failed to provide the right guidance and leadership to the cooperatives in tribal areas.</li>
</ul>
<h3>5. Capacity building in Civil Society Organizations</h3>
<ul style="list-style-type: square;">
<li>Such organizations have a major role to play as interlocutors, and that their vigil and critical alertness acts as a bulwark against abuse of power by the police and other state functionaries.</li>
<li>They have the potential to act as a bridge between the extremists and the government and in educating the people about the futility of violence and preventing aggravation of the situation by ventilating public grievances within the legal-democratic framework.</li>
</ul>
<h3>G. Cutting the Source of Finances for Naxalites</h3>
<ul style="list-style-type: square;">
<li>Naxalites movement requires funds, which is mobilized through extortion from local people and from contractors executing various projects in these affected areas. Besides, funds are also raised through forest and mine operations.</li>
<li>One way to ensure that development funds do not reach the extremists is by entrusting these works temporarily to organizations like the Border Roads Organization and other governmental agencies which can execute these works directly.</li>
<li>An effective anti-extortion and economic offences wing that can curtail if not totally dry up such funding sources to extremists, has to be constituted.</li>
</ul>
<h3>Recommendations</h3>
<ol style="list-style-type: upper-alpha;">
<li>A long-term (10-year) and short-term ( 5-year) Programme of Action based on the &lsquo;14-Point Strategy&rsquo; announced in Parliament may be formulated .</li>
<li>Negotiations with the extremist outfits should be an important mode of conflict resolution.</li>
<li>Enhanced protection for senior functionaries regarding their personal safety while on tour</li>
<li>Enhance the capacity of the security forces to act effectively and firmly.</li>
<li>Sensitizing the police and paramilitary personnel to the root causes of the disturbances that they are seeking to curb.</li>
<li>Formation of trained special task forces on the pattern of the Greyhounds in Andhra Pradesh (Special task force for Anti-Insurgency and Anti-Naxalite operations.)</li>
<li>Establishing and strengthening local level police stations, adequately staffed by local recruits.</li>
<li>Effective implementation of the <strong>Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Rights) Act, 2006</strong>.</li>
<li>Better implementation of constitutional and statutory safeguards, development schemes and land reforms initiatives for containing discontent among vulnerable sections.</li>
<li>Implement locally relevant development and adequate flexibility to implementing agencies.</li>
<li>Monitoring and incentivizing performance of the States in amending their Panchayati Raj Acts and other regulations to bring them in line with the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA).</li>
<li>Constituting Special anti-extortion and anti-money laundering cell to break the nexus between illegal mining/forest contractors and transporters and extremists.</li>
<li>Use of specialized Government agencies likes the Border Roads Organization, temporarily, in place of contractors for implementing large infrastructure projects.</li>
</ol>
<h2>CHAPTER 4. Land Related Issues</h2>
<h3>Introduction</h3>
<p>Implementation of land reforms in rural areas in the 1950s and 1960s abolished intermediaries and considerably reduced agrarian unrest, while it resulted in the emergence of a new class of land owners.</p>
<p>Ceiling on agricultural holdings has had limited success in granting landless labourers and small and marginal farmers access to land ownership.</p>
<p>Economic growth creates demand for land for non-agricultural use including development projects and the growing impulse to urbanize, putting more pressure on land resource of the country.</p>
<p>According to The Economic Survey 2017-18, agriculture sector which employs more than 50 per cent of the total workforce in India, contributes only around 17-18 percent to the country's GDP create further scope for conflicts.</p>
<p>Clearly, land is at the heart of the crisis being faced by our agrarian communities and the issue has the potential of initiating major conflicts.</p>
<h3>A. Land and the Agrarian Conflicts including Farmers&rsquo; Suicides</h3>
<p><strong>Facts regarding Indian Agriculture</strong></p>
<ul style="list-style-type: square;">
<li>India has one of the lowest average holding sizes anywhere in the world. The average size of agricultural holdings for the country as a whole declined from nearly 2 Hectares (Ha) in 1951 to 1.41Ha in 1995 to 1.32 Ha in 2000.</li>
<li>Apart from being uneconomical, small and marginal holders are particularly vulnerable to uncertainties of weather, market fluctuations and even moderate increases in inputs costs.</li>
</ul>
<p><strong>Rising indebtedness of farmers due to</strong></p>
<ul style="list-style-type: square;">
<li>Resort to non-formal sources for short term credit at exorbitant interest rates</li>
<li>Utilising it to meet immediate consumption needs</li>
<li>Failure to generate enough surplus from farming</li>
<li>Lack of resources to repay outstanding loans often forces the farmer to go in for fresh borrowings, creating a vicious circle which causes deep distress.</li>
</ul>
<p><em>This debt burden often drives the farmer to suicide.</em></p>
<p><strong>The measures recommended include:</strong></p>
<ul style="list-style-type: square;">
<li>Expanding the agricultural base by giving more support to small and marginal farmers primarily through 'Self Help Groups' (SHGs) and cooperatives.</li>
<li>Transferring informal debt to formal institutions.</li>
<li>Rejuvenation of natural resource base particularly in rain fed areas.</li>
<li>More effective risk coverage to protect the farmers from risks like price and demand fluctuations, vagaries of weather and natural calamities.</li>
<li>Increased public investment not only in agriculture but for diversification of the non-farm sector within the rural areas to generate alternative livelihoods for farmers.</li>
<li>Poverty alleviation programmes to more specifically cater to the needs of poorer farmers with farmers&rsquo; organisations being involved in the design of such programmes.</li>
</ul>
<h3>B. Displacement</h3>
<p>Acquisition of land is necessary for the larger socio-economic development of a country.</p>
<p>Putting land to more economic use and thus increasing the economic returns to the society is <strong>the underlying principle</strong> for acquisition of land.</p>
<p>Acquisition of lands is generally problematic as the persons dependant on the land are deprived of their livelihood.</p>
<p>The land acquisition laws provide for a reasonable compensation to be paid to the land losers. But generally the compensation so paid is a lower than market value of land.</p>
<p>This low compensation often coupled with the usual bureaucratic hurdles brings a feeling of deprivation among land losers and marks the beginning of conflict.</p>
<p>There was no comprehensive policy for rehabilitation of such persons until 2003 when Government of India formulated a <strong>National Policy on the Resettlement and Rehabilitation</strong> of Project Affected Families which was notified in 2004.</p>
<p><strong>Objectives of the policy were:</strong></p>
<ul style="list-style-type: square;">
<li>To minimize displacement and to identify non-displacing or least-displacing alternatives;</li>
<li>To plan the resettlement and rehabilitation of Project Affected Families (PAFs), including special needs of Tribals and vulnerable sections;</li>
<li>To provide better standard of living to PAFs; and</li>
<li>To facilitate harmonious relationship between the requiring body and PAFs through mutual cooperation.</li>
</ul>
<p><strong>The benefit-sharing strategies outlined involve the following mechanisms:</strong></p>
<ol>
<li>Establishment of revolving development funds through fixed allocations.</li>
<li>Equity sharing in the new, project-created enterprises and other productive assets through various forms of co-ownership.</li>
<li>Special taxes paid to regional and local governments, additional to the general tax system, to supplement local development programmes with added initiatives.</li>
</ol>
<p><strong>Revised National Policy On The Resettlement And Rehabilitation 2007.</strong></p>
<p>The objectives of the policy were:</p>
<ul style="list-style-type: square;">
<li>Principle of rehabilitation before displacement;</li>
<li>Land for land as compensation;</li>
<li>Consultations with Gram Sabhas or public hearing made compulsory</li>
<li>Social Impact assessment (SIA) introduced for displacement of 400/200 or more families in plain/tribal, hilly, Scheduled areas, etc;</li>
<li>Skill development support and preference in project jobs</li>
<li>Option for shares in companies implementing projects to affected families;</li>
<li>Housing benefits to all affected families including the landless;</li>
<li>Monthly pension to the vulnerable, such as disabled, destitute, orphans, widows, unmarried girls, etc;</li>
<li>National Rehabilitation Commission for external oversight.</li>
<li>Ombudsman for Grievance Redressal.</li>
</ul>
<p>If land acquired for a public purpose remains un-utilized for the purpose for five years from the date of taking over possession, the same shall revert to the Government concerned.</p>
<p>In the light of the lessons learnt and as a conflict resolution measure for those displaced, there is need to introduce the concept of benefit-sharing in development-induced displacement in India.</p>
<p>The old concept of paying compensation based on the market value of land should be replaced with assessing the true value of land for all those who depend on it and then compensating them adequately</p>
<p>Also the compensation/rehabilitation should not be confined only to the title holders of land but should include all those who derived sustenance from the land.</p>
<p>Capability building measures and internal supervision mechanisms needs to be strengthened.</p>
<h3>C. Special Economic Zones</h3>
<p>The Special Economic zones (SEZs) Policy was announced in April 2000.</p>
<p>SEZs in India functioned from 1.11.2000 to 09.02.2006.</p>
<p>To instill confidence in investors and signal the Government&rsquo;s commitment to a stable SEZ policy regime and with a view to impart stability to the SEZ regime the SEZ Act, 2005, was enacted.</p>
<p><strong>The main objectives are:</strong></p>
<ul style="list-style-type: square;">
<li>Generation of additional economic activity</li>
<li>Promotion of exports of goods and services</li>
<li>Promotion of investment from domestic and foreign sources</li>
<li>Creation of employment opportunities</li>
<li>Development of infrastructure facilities.</li>
</ul>
<p>The SEZ Act, 2005 makes quite a few incremental changes over the SEZ policy of 2000. Like, corporate tax exemption, exemption from Service Tax and Securities Transaction Tax, Greater operational freedom etc.</p>
<p><strong>Chinese Experience with SEZs</strong></p>
<p>Establishment of SEzs in china started in 1978 and achieved considerable success because of</p>
<ul style="list-style-type: square;">
<li><strong>Unique locations &ndash;</strong> of the five SEzs, Shenshen, Shantou and zhuhai are in Guangdong Province adjoining Hong Kong. Fourth, Xiamen, is in Fujian Province and nearer Taiwan</li>
<li><strong>Large size</strong></li>
<li><strong>Investment-friendly attitude</strong> towards Non-resident chinese and Taiwanese</li>
<li><strong>Attractive incentive packages</strong> for foreign investment</li>
<li><strong>Liberal</strong> customs procedures</li>
<li><strong>Flexible labour laws</strong> providing for contract appointments.</li>
<li><strong>Decentralization</strong> of Power local authorities in administering the zones.</li>
</ul>
<p>However, the <strong>negative consequence</strong> was that the SEZ scheme produced a <strong>speculative land market</strong>.</p>
<p>The Large-scale transfer of land to real estate developers was prompted by what was called &lsquo;zone fever&rsquo;. The provincial and local governments declared their own special zones providing land to the industries and real estate speculators. In fact, the zone fever was escalated to the level where by early 1990s, there were no accurate numbers on how many developmental zones actually existed.</p>
<p><strong>Criticism of SEZs in India</strong></p>
<ul style="list-style-type: square;">
<li>SEZ has led to displacement, loss of agricultural land.</li>
<li>Rehabilitation package which include a job for at least one person from the affected family is Inadequate.</li>
<li>While China had permitted a limited number of very large sized SEZs, in India hundreds of SEZs have been approved including some that are only 10 hectares in size.</li>
<li>The 25% cap on processing activity in multi-product SEZs would lead to speculative real estate activity rather than job creating manufacturing activities.</li>
<li>Tax breaks given which can continue for as long as 15 years will lead to revenue loss as well as diversion/displacement of units, particularly IT units which will all move to SEZs because their existing tax-breaks would expire in 2009.</li>
</ul>
<p>All the elements of the Chinese SEZ policy that led to negative consequences are also present in the Indian SEZ policy.</p>
<p><strong>Administrative Arrangements for Conflict Resolution for SEZs</strong></p>
<ul style="list-style-type: square;">
<li>A job for at least one person from the affected family, such a stipulation is not adequate. Rehabilitation packages should be based on an income-sharing strategy.</li>
<li>The idea, on the whole, should be to make the oustees primary stakeholder partners rather than one-time beneficiaries or spectators of SEZ development.</li>
<li>In addition to sites in lieu of land, an ex gratia housing grant, a transportation grant, a subsistence grant, a rehabilitation grant for loss of land, vocational training and employment to one member of each affected family constitute part of the package.</li>
<li>The SEZ law should specify establishment of vocational training centers. Provision of water, sanitation and health facilities should precede the actual developmental activities in the vicinity of the villages. There should be a clear provision in the SEZ law allocating such responsibility to the entrepreneurs seeking to establish the SEZs.</li>
<li>In order to prevent conflict situations from arising and leading to violence, it is necessary that industrial activities and SEZs are located in areas where they cause the least displacement and dislocation, and do not usurp productive agricultural lands.</li>
</ul>
<p><strong>Land Records</strong></p>
<p>The unsatisfactory state of land records is a major source of dispute between individuals as also between individuals and the government. Such disputes sometimes take a violent turn.</p>
<p>The commission in its Report on the Right to Information has emphasized the importance of land records maintenance in our governance system.</p>
<h3>Recommendations</h3>
<p><em>The following steps may be taken to alleviate the distress in the agrarian sector:</em></p>
<ol>
<li>Provide renewed impetus to land reform measures like redistribution of surplus land, vesting title in tenants and carrying forward consolidation of land holdings etc for maintaining and promoting the sustainability of agriculture.</li>
<li>In order to provide adequate and timely facilities to farmers, there is need to augment the banking system in the rural areas and make them more responsive to the farmers&rsquo; needs</li>
<li>Redesign poverty alleviation programmes to make them more relevant to the needs of small and marginal farmers.</li>
<li>Step up public investment in order to expand non-farm and off farm activities to provide alternative livelihood opportunities for the poorer farmers within rural areas.</li>
<li>Introduce measures to encourage formation of &lsquo;Self Help Groups&rsquo; (SHGs) to improve access to credit and marketing and empower the disadvantaged.</li>
<li>Diversify risk coverage measures such as weather insurance schemes and price support mechanisms.</li>
</ol>
<p><em>There is need to amend the present approach to SEZs on the following lines:</em></p>
<ol>
<li>In establishing SEZs, use of prime agricultural land should be avoided</li>
<li>The number of SEZs should be limited, with a larger minimum size with locations preferably in backward areas so that they act as nuclei for economic growth.</li>
<li>SEZs promoted by farmers themselves should be encouraged</li>
<li>The livelihood of the displaced should be a major concern of the SEZ policy.</li>
<li>The SEZ regulations should clearly allocate social responsibility of rehabilitation to entrepreneurs seeking to establish SEZs. This should include provision for water, sanitation, health facilities, and vocational training centers.</li>
<li>The proportion of land that is permitted to be used by the promoters of SEZs for non-processing activities should be kept to a minimum and this should be ensured at the time of approval of their plans. The existing ratio between processing and non-processing activities needs to be re-examined in order to maximize the proportion of land put to productive use. Also strict adherence to environmental regulations should be ensured.</li>
<li>Comprehensive land use plans should be prepared and finalized after wide public consultations. Industrial activities in SEZs should be located only in areas earmarked for the purpose in the land use plans.</li>
<li>The extremely liberal tax holidays provided both to export units and to developers require reconsideration.</li>
</ol>
<h2>CHAPTER 5. Water Related Issues</h2>
<h3>A. Inter-State Water Conflicts</h3>
<p><strong>Constitutional Provisions and Important Laws</strong></p>
<ul style="list-style-type: square;">
<li>Water is a State subject in list II of 7th Schedule and the union comes in only in the case of inter-State waters, Entry 56 of list I (union list)</li>
<li>Article 262 &ndash; which deals with adjudication of disputes relating to matters of inter-state rivers or river valleys</li>
</ul>
<p>The two laws enacted under Article 262 and entry 56 of list I are:</p>
<ol>
<li><strong>The River boards Act, 1956 :</strong> The River boards tried to prevent conflicts by preparing developmental schemes and working out the costs to each State. <strong>No water board,</strong> however, has so far been created under the River boards Act, 1956.</li>
<li><strong>Inter-State Water Disputes Act, 1956.</strong> Provides for an aggrieved State to ask the union Government to refer a dispute to a tribunal.</li>
</ol>
<p>The Inter-State Water Disputes Act was amended in 2002 and the following important changes were made:</p>
<ul style="list-style-type: square;">
<li>Government of India to establish a Tribunal within one year on a request by a State Government.</li>
<li>The Tribunal to investigate the matters referred to it and give its Report within a period of three years (Government of India may extend the period by another two years).</li>
<li>The decision of the Tribunal, after its publication in the Official Gazette by the central Government, shall have the same force as an order or decree of the Supreme court.</li>
</ul>
<h3>B. Lessons Learnt from Inter-State River Disputes</h3>
<ul style="list-style-type: square;">
<li>The union Government has not been able to act decisively</li>
<li>The other lesson is that the time lost in delays due to wrangling both before and during tribunal proceedings is very costly, in terms of loss of production, loss of farmers&rsquo; income growth and the rising cost of constructing irrigation systems.</li>
<li>States are becoming resistant to compliance with Awards of tribunals in spite of express provisions in the constitution regarding the finality of such awards.</li>
<li>A long time is taken to constitute tribunals and giving awards and in pronouncements of interim Awards that have led to further complications.</li>
<li>After an Award is given, there are problems of interpretation and implementation and there is no mechanism to enforce the binding character of such Awards.</li>
<li>Courts are barred from reviewing the Awards of the tribunals, but matters are still taken to the Supreme Court on related issues.</li>
<li>The questions raised before the Supreme court are on questions of its sharing during years of poor rainfall and on those relating to environmental aspects, displacement and rehabilitation of people and human rights in the context of specific projects. Such references delay the settlement of disputes and implementation of projects for years.</li>
</ul>
<div class="border-bg">
<p><strong>Inter State Water Dispute Tribunals</strong></p>
<ul style="list-style-type: square;">
<li>Krishna: Out of a total catchment of 2,55,949 sq. km., 6821 sq. Km lie in Maharashtra, 1,11,959 sq. Km in Karnataka and 75369 sq. Km in Andhra Pradesh.</li>
<li>Godavari: the party States are Maharashtra, Andhra Pradesh, Orissa, Madhya Pradesh and Karnataka</li>
<li>Narmada: The union Government constituted the Narmada Water Disputes Tribunal (NWDT) on 6th October, 1969</li>
<li>Cauvery: The dispute over the allocation of the waters of the River Cauvery is more than 100 years old. The matter has again been taken up before the Supreme Court in the form of a Special Leave Petition.</li>
<li>Ravi-Beas: to consider river water claims of Punjab, Haryana and Rajasthan, tribunal was set up by an ordinance in January 1986.</li>
</ul>
</div>
<p>The National commission for Integrated Water Resources Development that gave its report in 1999 had recommended setting up of River basin Organisations (RBOs) as a body in which the concerned State Governments, local governments and water users would have representation and which would provide a forum for mutual discussions and agreement.</p>
<h3>Way Forward</h3>
<p>The commission recommended legislation in place of the River boards Act, 1956 that could provide, in addition to the establishment of River basin Organisations for each interstate river, the following by way of goals, responsibilities and management for the RBOs:</p>
<p><strong>Goals:</strong></p>
<ol style="list-style-type: upper-alpha;">
<li>Enunciation of principles for the development of the basin</li>
<li>Issuing guidelines for major projects</li>
<li>Prescribing technical standards</li>
<li>Maintaining and improving water quality for all beneficial uses</li>
<li>Prescribing a framework for development of ground water</li>
<li>Controlling land degradation</li>
<li>Rehabilitation of land resources to ensure their sustainable utilization and conservation of the natural environment of the basin</li>
</ol>
<p><strong>Responsibilities:</strong></p>
<ol style="list-style-type: lower-alpha;">
<li>Water allocation to the States and administration of various key natural resources strategies</li>
<li>Technical responsibility for water quality, land resources, nature conservation and community involvement</li>
<li>Collection of data</li>
</ol>
<p><strong>Water Management Responsibilities:</strong></p>
<ol style="list-style-type: lower-alpha;">
<li>Regulation of inter-state rivers and a programme of water quality monitoring.</li>
<li>Coordination of river management to encourage appropriate land-use practices, best practical means of waste-treatment and off-river disposal</li>
<li>Responsibility for developing programmes for the preservation of the ecosystem and for coordination of management of wetlands.</li>
</ol>
<h3>C. National Water Resources Council</h3>
<p>The National Water Resources council was set up by the Government of India in March 1983 to discharge the following functions:</p>
<ul style="list-style-type: square;">
<li>To <strong>lay-down</strong> and <strong>review</strong> the national water policy.</li>
<li>To <strong>consider</strong> and review water development plans.</li>
<li>To <strong>recommend</strong> acceptance of water plans with such modifications as may be considered appropriate and necessary</li>
<li>To <strong>give directions</strong> for carrying out such further studies as may be necessary for full consideration of the plans or components thereof</li>
<li>To <strong>advise</strong> on the modalities of resolving inter-State differences with regard to specific elements of water plans.</li>
<li>To <strong>advise</strong> on practices and procedures, administrative arrangements and regulations for the fair distribution and utilization of water resources.</li>
</ul>
<p>As far as coordination of river basin planning and management and effective water use are concerned, the council has <strong>not had much impact</strong>.</p>
<div class="border-bg">
<p><strong>National Water Resources Council</strong></p>
<ul style="list-style-type: square;">
<li>The Prime Minister is the chairman</li>
<li>The Union Minister of Water Resources is the Vice-chairman</li>
</ul>
<p><strong>Members of the Council</strong></p>
<p>The Minister of state for water Resources, concerned union Ministers/ Ministers of State, chief Ministers of all States and lieutenant Governors/Administrators of Union Territories are the Secretary, Ministry of Water Resources is the Secretary of the council.</p>
<p>This Council first met in October, 1985 and adopted a National Water Policy in 1987; Although the council is supposed to meet once a year, this does not often happen.</p>
</div>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>The council should play a much more positive role.</li>
<li>The council and its secretariat should be more proactive, suggest institutional and legislative reforms in detail, devise modalities for resolving interstate water conflicts, and advise on procedures, administrative arrangements and regulation of use of resources by different beneficiaries keeping in view their optimum development and ensuring maximum benefits to the people.</li>
</ul>
<h3>D. Need for a National Law on Water</h3>
<p>Due to Rapid development, average availability of water is likely to fall below the water-stress level in the near future and there is need for much greater efficiency in the use of water and a greater public awareness on the criticality of water conservation. This would call for efforts to develop, conserve, utilise and manage water on the basis of a framework that incorporates national perspectives.</p>
<p>The commission would therefore like to <strong>recommend</strong> that the law, at the minimum, should incorporate the <strong>following</strong>:</p>
<ol>
<li>The use of all water, should be subject to regulation by prescribed bodies.</li>
<li>The location of water resources in relation to land shall not in itself confer preferential rights to usage.</li>
<li>The unity of the water cycle and the inter-dependence of its elements needs to be recognized.</li>
<li><span style="color: #000000;">Resource planning should be done for a hydrological unit such as a drainage unit as a whole or for a sub-basin.</span></li>
<li><span style="color: #000000;">Responsibility for the development, apportionment and management of available water resources will vest with the basin or regional level in such a manner as to enable the interested parties to participate fully</span></li>
<li>Water required to ensure that everyone has access to sufficient drinking water should be reserved.</li>
<li>Provision should be made for the establishment of one or more regulatory bodies.</li>
<li>There should be a standardized national information system with a network of data banks and databases integrating and strengthening the central, state and basin-level agencies and improving the quality of data and the processing capabilities.</li>
</ol>
<h3>E. Recommendations</h3>
<ol>
<li>The Union Government needs to be more proactive and decisive in cases of inter-State river disputes and act with the promptness and sustained attention that such disputes demand.</li>
<li>Since Article 262 of the Constitution provides that neither the Supreme Court nor any other Court shall exercise jurisdiction in respect of inter-State river disputes, it is necessary that the spirit behind this provision is fully appreciated.</li>
<li>River Basin Organisations (RBOs) should be set up for each inter-State river, as proposed by the Report of the National Commission for Integrated Water Resources Development, 1999 by enacting a legislation to replace the River Boards Act, 1956</li>
<li>The Chairmen of all the River Basin Organisations, as and when formed, should be made members of the National Water Resources Council.</li>
<li>The National Water Resources Council and RBOs should play a more positive role. The Council and its secretariat should be more proactive, suggest institutional and legislative reforms in detail, devise modalities for resolving inter-State water conflicts, and advise on procedures, administrative arrangements and regulation of use of resources by different beneficiaries keeping in view their optimum development and ensuring maximum benefits to the people.</li>
<li>In order to develop, conserve, utilize and manage water on the basis of a framework that incorporates long term perspectives, a national water law should be enacted.</li>
</ol>
<h2>CHAPTER&nbsp;6. Issues Related To Scheduled Castes</h2>
<h3>Introduction</h3>
<p>Members of the Scheduled castes are among the poorest in the country and also, the most discriminated against. This discrimination often manifests itself in the form of socio-economic exploitation, denial of civil rights, social ostracism and even violence against them which sometimes assumes brutal proportions in the form of massacres, rape, burning of colonies etc.</p>
<h3>A. Constitutional Safeguards</h3>
<p>Broadly classified into 3 types:</p>
<ol>
<li><strong>Protection:</strong> Legal/Regulatory measures for enforcing equality and removing disabilities; providing strong punitive action against physical violence</li>
<li><strong>Compensatory discrimination:</strong> Enforcement of reservation provisions in public services, representative bodies and educational institutions.</li>
<li><strong>Development:</strong> Measures to bridge the wide gap between the Scheduled castes and other communities in their economic conditions and social status, covering allocation of resources and distribution of benefits.</li>
</ol>
<h3>B. Legislative Framework</h3>
<p>Article 17 of the constitution of India abolished &lsquo;untouchability&rsquo; and forbids its practice in any form.</p>
<p>In order to enforce Article 17 of the constitution, within five years of adoption of the constitution, the untouchability (Offences) Act, 1955 was enacted by Parliament. Subsequently, the Act was revised in November 1976 and renamed as the Protection of civil Rights Act, 1955. The offences under the Act were made cognizable as well as non-compoundable.</p>
<p>Further, to check and deter crimes against the Scheduled castes and Scheduled Tribes, the Scheduled castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was brought into force with effect from 30th January, 1990. <strong>Measures taken for the effective implementation of this Act are:</strong></p>
<ul style="list-style-type: square;">
<li>Provision for adequate facilities, including legal aid, to the persons subjected to atrocities to enable them to avail themselves of justice;</li>
<li>Provisions for travelling and maintenance expenses to witnesses, including the victims of atrocities, during investigation and trial of offences under the Act;</li>
<li>Provision for the economic and social rehabilitation of the victims of the atrocities;</li>
<li>Appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of the Act;</li>
<li>setting up of committees at appropriate levels as the State Government may think necessary to assist the Government in formulation of such measures;</li>
<li>provision for a periodic assessment of the working of this Act with a view to suggesting measures for its better implementation;</li>
<li>Identification of atrocity prone areas.</li>
</ul>
<h3>C. Evaluation of The Legislative Framework</h3>
<ul style="list-style-type: square;">
<li>The number of cases registered under the <strong>PCR Act</strong> has shown a constant decline after the 1970s. These figures could, however, lead to the <strong>erroneous conclusion</strong> that the problem of untouchability is also on the decline.</li>
<li>In fact, the National commission for Scheduled castes, in its Sixth Report has observed <strong>&ldquo;rather, it is a reflection on the ineffectiveness of the law enforcement machinery&rdquo;</strong>. From the figures indicated above, it is also evident that the <strong>Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act</strong> has become the main instrument for preventing harassment to the Scheduled castes.</li>
<li>The <strong>conviction rate</strong> under both the Acts has been <strong>low</strong>. (Under the Protection of civil Rights Act, in 2005 a total of 101 cases ended in conviction whereas 385 ended in acquittal; Under the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, in the year 2005, 7110 cases ended in conviction whereas 17,401 cases ended in acquittal).</li>
</ul>
<p>Several studies have confirmed that the abhorrent practice of untouchability still persists. Studies have also highlighted cases of reluctance and negligence on the part of the law enforcement machinery. The National commission for Scheduled castes and Scheduled Tribes in a special report have stated that ignorance of law, fear of reprisals and lack of faith in the enforcement system, often compel victims to acquiesce in the existing unjust situation. Also because of protracted trials, witnesses become reluctant to testify against powerful elements.</p>
<h3>Way Forward</h3>
<p>The commission is of the view that the Administration should be much more proactive in dealing with cases of exploitation of the Scheduled castes. Therefore the approach of the Administration should be to detect cases of violation of law, suo-motu rather than wait for an FIR to be filed.</p>
<h3>D. Institutional Framework</h3>
<p><strong>1. National commission for Scheduled castes</strong></p>
<ul style="list-style-type: square;">
<li>The constitution, earlier provided for appointment of a Special Officer under Article 338; designated as commissioner for Scheduled castes and Scheduled Tribes.</li>
<li>In 1978, Article 338 was amended vide the constitution (Sixty-fifth) Amendment Act, 1990 and the first National commission for Scs and STs was set up in March, 1992.</li>
<li>Consequent upon the constitution (Eighty-ninth Amendment) Act, 2003 which came into force on 19th February, 2004, the National commission for Scheduled castes and Scheduled Tribes has been replaced by:<br />(1) National commission for Scheduled castes, and (2) National commission for Scheduled Tribes.</li>
</ul>
<p><strong>2. National commission for Safai Karamcharis</strong></p>
<p>Constituted in August 1994, through an Act of Parliament, namely the National commission for Safai Karamcharis Act, 1993 initially for a period of three years.</p>
<ul style="list-style-type: square;">
<li>It is <strong>not a permanent</strong> commission but its tenure has been extended from time to time.</li>
<li>It consists of a chairperson, a Vice-chairperson and five members all nominated by the union Government. At least one member is a woman.</li>
<li>The <strong>union Government</strong> is required to <strong>consult</strong> the National commission on all policy matters affecting Safai Karamcharis.</li>
<li>It can <strong>investigate</strong> and take <strong>suo moto</strong> action relating to their problems.</li>
<li>The commission is <strong>empowered</strong> to call for information with regard to Safai Karamcharis from the concerned governments or authorities.</li>
<li>The commission is required to <strong>prepare</strong> an <strong>Annual Report</strong> which is laid on the table of both Houses of Parliament. Where the matter in the Report relates to the State Government, a copy of such Report is to be laid by the Governor of the concerned State before the legislature of the State.</li>
<li>The commission has so far <strong>submitted four reports</strong> with a large number of recommendations</li>
</ul>
<h3>E. Evaluation of The Working of The Institutional Framework</h3>
<p>The National Human Rights commission has analyzed the effectiveness of the above mentioned watch-dog institutions and has concluded that these institutions are handicapped because of the very large number of complaints received, their limited capacity to deal with these complaints and also due to the absence of adequate field staff.</p>
<p>The National commission for SCs and STs feels there is an urgent need to look into the issue and empower the commission by giving it more powers under the constitution, to ensure the implementation of its recommendations.</p>
<div class="border-bg">
<p><strong>Advisories by The Ministry of Social Justice and Empowerment</strong></p>
<ul style="list-style-type: square;">
<li><span>Distribution of booklets in Hindi and local languages highlighting the theme of combating untouchability and atrocities.</span></li>
<li><span>Mass awareness programmes.</span></li>
<li><span>Sensitizing of constabulary and police officers of police station level.</span></li>
<li><span>Research studies for identifying the forms, causes &amp; measures required for eradication of untouchability.</span></li>
<li><span>Identification of atrocity prone areas in a focused manner.</span></li>
<li><span>Effective implementation of land reforms.</span></li>
<li><span>Promotion of Self Help Groups, especially for women.</span></li>
<li><span>Adequate flow of resources from the outlays earmarked by State Governments for Scheduled Caste Sub Plan (SCSP)</span></li>
<li><span>Legal literacy among women about their rights and provisions of legal aid available</span></li>
<li><span>The Minimum Wages Act be strictly enforced.</span></li>
<li><span>Expanding the coverage of social security.</span></li>
<li><span>The Vigilance and Monitoring Committees, in association with State Commissions for Scheduled Castes, to particularly review cases pertaining to dispossession of lands owned by SCs as well as instances where pattas have been issued but actual possession of land has not been given.</span></li>
</ul>
</div>
<h3>F. Administrative Action Required</h3>
<p>Considering the magnitude of the atrocities and discrimination practices, a strategy should be evolved that needs to include the following:</p>
<ol>
<li><strong>Effective implementation of various laws enacted for the purpose:</strong></li>
<li><strong>Motivating the field functionaries</strong></li>
<li><strong>Monitoring and review by District Level Monitoring Committees</strong></li>
<li><strong>Police reforms</strong></li>
<li><strong>Engaging independent agencies to conduct field surveys to identify cases of social discrimination</strong></li>
<li><strong>Involvement of Civil Society Organisations (CSOs):</strong><br />To help the Scheduled castes to raise their voice against atrocities discrimination and exploitation fearlessly</li>
<li><strong>Coordination mechanism for the various National and State level Commissions</strong></li>
<li><strong>Involving Panchayati Raj Institutions</strong></li>
<li><strong>Effective implementation of land reforms and other social legislation:</strong><br />There are a large number of legislations &ndash; bonded labour Abolition Act, child labour Prohibition Act, land Reform laws, Debt Relief Act</li>
<li><strong>Expeditious Trial of Criminal Cases.</strong></li>
<li><strong>Convergence of Regulatory and Development Programmes:</strong><br />Social justice through effective implementation of existing legislations and other measures for preventing and protecting members of the Scheduled castes from atrocities is not enough for resolving conflicts unless they are accompanied by effective and time-bound implementation of developmental schemes.</li>
</ol>
<h3>G. Recommendations</h3>
<ul style="list-style-type: square;">
<li>Effective <strong>Implementation</strong> of the Constitutional, legal and administrative provisions in letter and spirit.</li>
<li>To ensure <strong>speedy trial</strong> of cases pending in subordinate.</li>
<li>Place a <strong>positive duty</strong> on public authorities for promotion of social and communal harmony.</li>
<li>There is need for engaging <strong>independent agencies</strong> to identify cases of social discrimination.</li>
<li>Launch well-targeted <strong>awareness</strong> campaigns in areas where the awareness levels are low.</li>
<li>The administration and the police should be <strong>sensitized</strong> towards the special problems of the Scheduled Castes and Scheduled Tribes.</li>
<li>Strict <strong>enforcement</strong> of the rights of the weaker sections should not be downplayed by the administration for fear of further disturbances or retribution.</li>
<li>More focus on the <strong>rehabilitation</strong> of the victims including Counselling.</li>
<li>As far as possible the deployment of police <strong>personnel</strong> in police stations with significant proportion of SCs and STs should be in proportion to the population of such communities</li>
<li>Introduce a system of <strong>incentives</strong> for officials, in detecting and successfully prosecuting cases of discrimination/atrocities against the Scheduled Castes.</li>
<li>Active involvement of the <strong>local governments, corporate sector</strong> and <strong>NGOs</strong> in complementing the efforts of government for the development of the Scheduled Castes.</li>
</ul>
<h2>CHAPTER 7. Issues Related To Scheduled Tribes</h2>
<h3>Introduction</h3>
<p>The position of the tribals lies at the very periphery of the social formation. The Human Development Indices (HDIs) of the ST population are much lower than the rest of the population. Social inequalities of the tribal population are manifested in various forms of exploitation such as bondage, forced labour and indebtedness. They are also exploited by merchants, money lenders and forest contractors.</p>
<h3>A. Social Justice</h3>
<p>Like the members of the Scheduled castes, tribals are also subject to atrocities. And, the position regarding the disposal of cases for crimes committed against members of the Scheduled Tribes by courts is no better than in the case of the Scheduled castes.</p>
<p>The implementation of laws and capacity building, recommendations made by the commission in case of the Scheduled castes, hold good for the Scheduled Tribes also.</p>
<h3>B. Displacement of Tribals</h3>
<ul style="list-style-type: square;">
<li>Tribals have been displaced in large numbers on account of various large development projects like irrigation dams, hydro-electric and thermal power plants, coal mines and mineral-based industries.</li>
<li>A National Policy on Relief and Rehabilitation of Project Affected Families (PAFs) was notified in February, 2004 with a relief package of seventeen parameters to be fulfilled before permitting dislocation. Thereafter, the Government of India, in October, 2007 approved a new National Policy for Rehabilitation and Resettlement. But serious work on PAFs is yet to start in tribal areas.</li>
<li>PESA had specifically provided for prevention of alienation of land. It had asked the State legislatures in the area not to make any law which is inconsistent with the objective of preventing alienation of tribal land.</li>
<li>Paradoxically, however, PESA has been unscrupulously and indiscriminately used to promote industrial development at the expense of tribals.</li>
<li>State Governments should enforce the existing laws on land ceiling</li>
<li>A complete overhaul and systematic organization of existing land records with freer access to such information would have a positive effect and avoid conflict situations.</li>
</ul>
<h3>C. The Panchayats (Extension to the Scheduled Area) Act, 1996</h3>
<ul style="list-style-type: square;">
<li>It ensures involvement of tribals in their empowerment process not only as active participants but also as effective decision-makers, implementors, monitors and evaluators.</li>
<li>The Gram Sabha is empowered to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution. The Gram Sabha as articulated in PESA, has within itself an inbuilt capacity for conflict resolution.</li>
<li>A comparative analysis of PESA and the legislations enacted by the States on this subject reveals that the provisions of PESA have been highly diluted in the process of ratification by the States and most of the powers of the Gram Sabha have been given to the district administration or to the zilla Parishad.</li>
</ul>
<h3>D. Capacity Building in Administration</h3>
<ul style="list-style-type: square;">
<li>The main problem, while dealing with conflicts concerning the tribal population is that the existing constitutional provisions and laws designed to protect them are not optimally used.</li>
<li>A significant section of the tribal population has gradually been weaned away from the mainstream by the extremists.</li>
<li>It is necessary that the administration takes special care to exercise its basic functions and provide core services in the tribal areas.</li>
<li>It is also necessary that Government posts only such police, revenue, forest and development officials who have the required training and commitment to work in such areas and empathise with the tribal population.</li>
<li>Officials also need to be motivated to work in such areas. One way of doing this would be to select officials for specific posts in tribal areas providing hardship pay, preferential treatment in accommodation and education etc all of which would induce officials to volunteer for such posting.</li>
<li>No amount of legal provisioning or refinement of the planning process can lead to better compliance of legislations either in the protection of rights of the tribal people or development of the Scheduled Areas unless the administration at the cutting level edge is trained and attuned towards the objectives of PESA</li>
</ul>
<h3>E. Tribal Policy</h3>
<p>There is no clear national tribal policy laying down the direction and imperatives for tribal development. The last one was the Panchsheel Programme for tribal development enunciated by the late Prime Minister Pt. Jawaharlal Nehru. It is time that a national plan of action for tribe-specific comprehensive development which could serve as a road map for the welfare of the tribals is formulated.</p>
<h3>F. Conflicts Related to Inclusion in the List of Scheduled Tribes</h3>
<p>There have been agitations &ndash;sometimes violent &ndash; by certain groups, while laying their claims for inclusion in the list of Scheduled Tribes. The agitation by Gujjars in Rajasthan, and a few groups in Assam are some recent examples of such conflicts.</p>
<p><strong>Article 342 of the Constitution stipulates:</strong></p>
<ol>
<li>The President may after consultation with the Governor specify the tribes or tribal deemed to be Scheduled Tribes.</li>
<li>Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1).</li>
</ol>
<p>In June, 1999, Government approved modalities for deciding claims for inclusion in or exclusion from the lists of Scheduled Tribes. Thus, there has to be a mechanism to bring together all such authorities which, in consultation with the major States with tribal population, should attempt to arrive at a comprehensive methodology with clearly defined parameters. It is well understood that inclusion of any tribe in the list would generally lead to further demands and conflicts</p>
<h3>G. Recommendations</h3>
<ol>
<li>While all States in the Fifth Schedule Area have enacted compliance legislations vis-&agrave;-vis PESA, their provisions have been diluted by giving the power of the Gram Sabha to other bodies.</li>
<li>Timely submission of Annual Reports of the Governors under the Fifth Schedule of the Constitution.</li>
<li>Awareness campaigns should be organised in order to make the tribal population aware of the provisions of PESA and the 73rd amendment to the Constitution.</li>
<li>existing land records with free access to information about land holdings.</li>
<li>There is need to harmonise the various legislations and government policies being implemented in tribal areas with the provisions of PESA</li>
<li>Mining laws applicable to Scheduled Tribal Areas should be in conformity with the principles of the Fifth and Sixth Schedules of the Constitution.</li>
<li>Government should select such police, revenue and forest officials who have the training and zeal to work in tribal areas and understand as well as empathise with the population they serve.</li>
<li>A national plan of action for comprehensive development which would serve as a road map for the welfare of the tribals.</li>
<li>The authorities involved in determining the inclusion and exclusion of tribes in the list of Scheduled Tribes should adopt a mechanism of consultation with the major States and those with tribal populations.</li>
</ol>
<h2>CHAPTER 8. Issues Related To Other Backward Classes</h2>
<h3>Introduction</h3>
<p>There has been a great deal of resentment among people belonging to Other backward classes (OBCs) including minorities that they have not been given the benefit of comprehensive amelioration packages as has been done in the case of SCs and STs. This has often led to conflicts culminating in violence.</p>
<div class="border-bg">
<p><strong>The MANDAL commission</strong> evolved 11 indicators &ndash; a mix of caste and class features &ndash; for assessing social and educational backwardness. It arrived at an exhaustive list of 3473 castes that were declared as backward. The tangible indicators to ascertain a caste or any social group as backward included their lower position in the class hierarchy, lower age at marriage within the group, higher female work participation, higher school drop out rate, inaccessibility to drinking water, lower average value of family assets, higher existence of kutcha houses and so on.</p>
<p><strong>Article 15(4) and 16(4)</strong> empower the State to make special provisions for any socially and educationally backward class of citizens.</p>
<p><strong>Article 340(1)</strong> authorizes the appointment of a commission to investigate the conditions of backward classes.</p>
</div>
<p>The constitution refers to the term &lsquo;backward classes&rsquo; in Articles 15(4), 16(4) and 340(1).</p>
<p>The First backward commission which was appointed under Article 340(1) submitted its Report in 1955. The Report was rejected by the union Government.</p>
<p>The Second All India backward classes commission &ndash; the Mandal commission &ndash; submitted its report in 1980.The report of the Mandal commission was partially implemented in 1991.</p>
<p>The Registrar General of India and the census commissioner had discontinued collection of caste-wise information (except for SCs and STs) since the 1931 census. Even the Mandal commission which had estimated the OBC population at 52 per cent of the country&rsquo;s total population had used the 1931 census data.</p>
<p>No socio-economic survey has been conducted of the Other backward classes in the country. It is therefore necessary that government immediately take up a socio-economic survey of the Other Backward Classes.</p>
<p>An analysis of <strong>NSSO data</strong> contained various Surveys and Reports and provides following picture of socioeconomic status of OBCs - Poverty, Health Indicators, Unemployment, Asset Ownership, and Indebtedness.</p>
<p><strong>Social Empowerment&nbsp;</strong>- On the whole, special schemes on the lines of the schemes for SCs and STs need to be taken up for social empowerment of the OBCs.</p>
<p><strong>Economic Empowerment -</strong> the NSSO surveys reveal that the incidence of poverty among OBCs is intermediate to that among SCs/STs on the one hand and the &lsquo;Others&rsquo;, on the other. We have also seen how open unemployment is consistently higher among OBCs than among &lsquo;Others&rsquo;. As far as asset ownership including land is concerned, the ownership is only about two-thirds of &lsquo;Others&rsquo; in both rural and urban areas. The incidence of indebtedness and consequently the debt to asset ratio is highest among OBCs of all the social groups.</p>
<p>Clearly, if the OBCs are to be put on par with &lsquo;Others&rsquo; and made a part of the mainstream, they have to be empowered economically through employment and income generation activities and alleviation of poverty.</p>
<div class="border-bg">
<p><strong>The preamble</strong> to our constitution clearly declares the intention to secure to all citizens &lsquo;liberty of thought, expression, belief, faith and worship&rsquo;.</p>
<p><strong>Article 25</strong> guarantees freedom of conscience and the right to freely profess, practice and propagate religion.</p>
<p><strong>Article 26</strong> ensures the right to manage religious institutions and religious affairs.</p>
<p><strong>Article 29</strong> grants the rights to all citizens to conserve their language, script and culture.</p>
<p><strong>Article 30</strong> provides for the protection of the interests of religious and linguistic minorities by giving them a right to establish and administer educational institutions of their choice and the State has been directed not to discriminate against the institutions of the minorities in the matter of given aid.</p>
<p><strong>Article 350A</strong> directs the State to provide facilities for instruction in the mother tongue at the primary stage in education.</p>
<p><strong>Communalism</strong> in a broad sense implies blind allegiance to one&rsquo;s own communal group- religious, linguistic or ethnic- rather than to the larger society or to the nation as a whole. In its extreme form, communalism manifests itself in hatred towards groups perceived as hostile, ultimately leading to violent attacks on other communities.</p>
</div>
<h3>Recommendations</h3>
<ol>
<li>Government may work out the modalities of a survey and take up a state wise socio-economic survey of the &ldquo;Other Backward Classes&rdquo;, which could form the basis of policies and programmes to improve their status.</li>
<li>Government needs to formulate and implement a comprehensive scheme for capacity building of OBCs that would bring them at par with the rest of society.</li>
</ol>
<h2>CHAPTER 9. Religious Conflicts</h2>
<p>After Independence, there have been instances of large-scale communal violence in the country.</p>
<p>Though a number of communal riots have been dealt with effectively, there have also been many serious failures on the part of the administration in dealing with communal situations in a prompt and effective manner.</p>
<p>This commission found the following problems and shortcomings:</p>
<h3>Systemic Problems</h3>
<ul style="list-style-type: square;">
<li>Conflict resolution mechanisms are ineffective;</li>
<li>Intelligence gathered is not accurate, timely and actionable;</li>
<li>Bad personnel policies - poor choice of officials and short tenures - lead to inadequate grasp of local conditions.</li>
</ul>
<h3>Administrative Shortcomings</h3>
<ul style="list-style-type: square;">
<li>The administration and the police fail to anticipate and read indicators which precipitated violence;</li>
<li>Even after the appearance of first signals, the administration and police are slow to react;</li>
<li>Field functionaries tend to seek and wait for instructions from superiors and tend to interfere in local matters undermining local initiative and authority;</li>
<li>The administration and police at times act in a partisan manner;</li>
<li>At times there is failure of leadership, even total abdication on the part of those entrusted with the maintenance of public order.</li>
</ul>
<h3>Post-riot Management Deficiencies</h3>
<ul style="list-style-type: square;">
<li>Rehabilitation is often neglected, breeding resentment and residual anger;</li>
<li>Officials are not held to account for their failures, thus perpetuating slackness and incompetence.</li>
</ul>
<p>So far as <strong>capacity building</strong> for resolution of conflicts is concerned, there is need for involvement of citizens in developing <strong>internal mechanisms</strong> for diffusing conflict situations, which are as follows:</p>
<ol>
<li>cooperation and coordination with the police (community policing).</li>
<li>cooperation and coordination with the administration (citizens&rsquo; committees).</li>
</ol>
<p><strong>1. Community Policing</strong></p>
<p><em>The Basic Principle Underlying Community Policing is that &lsquo;A Policeman is a Citizen with Uniform and a Citizen is a Policeman without Uniform&rsquo;</em></p>
<div class="border-bg">
<p>The Concept of community policing is incorporated in the constitution of the Republic of South Africa. It&rsquo;s basic principles are:</p>
<ul style="list-style-type: square;">
<li>Establishing and maintaining a partnership between the community and the police.</li>
<li>Promoting communication and cooperation between the police and the community.</li>
<li>Improving the rendering of police services in the community.</li>
<li>Improving transparency in the service and accountability of the service to the community.</li>
<li>Promoting joint problem identification and problem solving by the police and the community.</li>
</ul>
</div>
<p><strong>Definition</strong> &ldquo;Community Policing is an area specific proactive process of working with the community for prevention and detection of crime, maintenance of public order and resolving local conflicts and with the objective of providing a better quality of life and sense of security&rdquo;.</p>
<p>Many States in India have taken up community policing in some form or the other. Be it &lsquo;Maithri&rsquo; in Andhra Pradesh, &lsquo;Friends of Police&rsquo; in Tamil Nadu, Mohalla Committees in Bhiwandi (Maharashtra), there have been several success stories from all over the country.</p>
<p><strong>The Commission suggestions on community policing</strong></p>
<ol>
<li>Community policing is a philosophy and not just a set of a few initiatives.</li>
<li>The success of community policing lies in citizens developing a feeling that they have a say in the policing of their locality.</li>
<li>The idea of community policing would be a success if it is people driven ( inclusive Liaison Group) rather than police driven.</li>
<li>Convergence with activities of other government departments and organisations should be attempted</li>
</ol>
<p><strong>2. District Administration and Citizens&rsquo; Peace Committees</strong></p>
<p>In times of communal tension, administrators working in districts have formed peace committees, consisting of politicians and influential members of different communities who have participated meaningfully in the deliberations of the peace committees and in peace marches.</p>
<p>These committees should be institutionalized as an important forum for conflict resolution between groups and communities. The commission is of the view that <strong>District Peace committees</strong> should be made effective instruments of addressing issues likely to cause communal disharmony. These committees should be constituted by the District Magistrate in consultation with the Superintendent of Police.</p>
<p>On the lines of the District Peace committees as suggested above, there is also need for organizing <strong>&lsquo;Mohalla committees&rsquo;</strong>.</p>
<p><em>The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005</em></p>
<p>With a view to further empower the union and State Governments to take effective measures to provide for a holistic approach to prevent and control communal violence, including rehabilitating the victims of such violence, mandating for speedy investigation and trial, and imposing enhanced punishment, the Government of India introduced the bill in Parliament in 2005.</p>
<p>A brief analysis indicates that a <strong>separate legislation</strong> for dealing with communal violence is, perhaps <strong>not required</strong> since there are adequate provisions in the present statutes to deal with all aspects of communal violence. For example, there are several provisions in the Indian Penal Code (IPC) which deal extensively with offences relating to religious, racial, linguistic or regional groups, castes and community.</p>
<p><strong>153A.</strong> Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.</p>
<p>In addition, sub-sections (1)(c), (2) and (3) of <strong>Section 505</strong> of the IPC also deal with offences related to promoting enmity, hatred or ill-will between classes on grounds of religion, race, place of birth etc.</p>
<p>Further, <strong>chapter XV</strong> of the IPC contains provisions regarding offences relating to religion.</p>
<p><em>Briefly, these include:</em></p>
<ol style="list-style-type: lower-roman;">
<li>Section <strong>295 &ndash;</strong> Injuring or defiling place of worship with intent to insult the religion of any class.</li>
<li>Section <strong>295A</strong> &ndash; Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.</li>
<li>Section <strong>296</strong> &ndash; Disturbing religious assembly.</li>
<li>Section <strong>297</strong> &ndash; Trespassing on burial places etc.</li>
<li>Section <strong>298</strong> &ndash; uttering, words, etc., with deliberate intent to wound the religious feelings of any person.</li>
</ol>
<p><em>In the light of these considerations, the commission is of the view that a separate legislation is not necessary to combat communal violence and may even lead to restricting the use of the substantive provisions in the basic laws. It is better to strengthen the basic laws themselves, where necessary.</em></p>
<p>However, there are some innovative provisions in the communal Violence (Prevention, control and Rehabilitation of Victims) bill, 2005 which would further strengthen the hands of the Government in dealing with communal violence and negating the ills associated with such violence. These are:</p>
<ol>
<li>Clause 19(2): Notwithstanding anything contained in the Indian Penal Code whoever commits any act of omission or commission which constitutes communal violence shall, except in the case of an offence punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to twice the longest term of imprisonment and twice the highest fine provided for that offence in the Indian Penal Code or in any other Act specified in the Schedule. Provided that whoever being a public servant or any other person authorized to act by a competent authority under any provisions of this Act or orders made there under, commits communal violence shall without prejudice to the foregoing provisions be punished with imprisonment which shall not be less than five years.</li>
<li>Clause 19(3): Any person who is guilty of an offence under sub-section (1) shall be disqualified to hold any post or office under the Government for a period of six years from the date of such conviction.</li>
<li>Clause 24 (1): The State Government shall establish one or more Special Courts for trial of scheduled offences committed during the period of disturbance by issuing a notification for the purpose</li>
<li>Clause 24 (2): Establish Additional Special Courts outside the State, for the trial if:
<ul style="list-style-type: circle;">
<li>It is not likely to be fair or impartial or completed with utmost dispatch;</li>
<li>It is not likely to be feasible without occasioning a breach of peace or grave risk to the safety of the accused, the witnesses, the Public Prosecutor and the Judge or any of them;</li>
<li>It is not otherwise in the interests of justice, it may request the Central Government to establish, in relation to such communally disturbed area, an Additional Special Court outside the State.</li>
</ul>
</li>
</ol>
<p><em>These may be incorporated in the IPC and CrPC themselves, particularly since there are several enabling and supplementing provisions relating to maintenance of public order which would facilitate effective implementation of the above provisions.</em></p>
<p>Another feature of the bill is that it provides a detailed institutional structure for the purpose of providing relief and rehabilitation to persons affected by communal disturbances.</p>
<p>After a comparison, it is apparent that the bill proposes to establish structures which are nearly identical to those already mandated under the DMA, envisaging the involvement of functionaries and authorities who are, in general, common.</p>
<p>While one deals with measures related to disaster management, including relief and rehabilitation, the other relates to relief and rehabilitation precipitated per se by communal violence.</p>
<p><em>The commission is of the considered view that such parallel structures and duplication of roles hinder good governance</em></p>
<h3>Recommendations</h3>
<ol>
<li>Community policing should be encouraged. The principles laid down should be followed.</li>
<li>District Peace Committees/Integration Councils should be made effective instruments of addressing issues likely to cause communal disharmony. The District Magistrate in consultation with the Superintendent of Police should constitute these committees. In Police Commissionerates, these committees should be constituted by the Police Commissioner in consultation with the Municipal Commissioner. The committees should be of permanent nature. These committees should identify local problems with a potential to degenerate into communal conflicts and suggest means to deal with them at the earliest. Further, Mohalla Committees should also be organized on the same lines.</li>
<li>In conflict prone areas, the police should formulate programmes in which the members of the target population get an opportunity of interacting with the police as a confidence building mechanism.</li>
<li>A separate law to deal with communal violence is not required. The existing provisions of the Indian Penal Code and the Criminal Procedure Code need to be strengthened. This may be achieved by incorporating provisions for:<br />
<ul style="list-style-type: circle;">
<li>Enhanced punishments for communal offences.</li>
<li>Setting up of special courts for expeditious trial of cases related to communal violence.</li>
<li>Giving powers of remand to Executive Magistrates in cases of communal offences.</li>
<li>Prescription of norms of relief and rehabilitation.</li>
</ul>
</li>
<li>For providing relief and rehabilitation to victims of communal violence, the framework provided under the Disaster Management Act, 2005 could be effectively used.</li>
</ol>
<h2>CHAPTER 10. Politics and Conflicts</h2>
<h3>Introduction</h3>
<p>In a heterogeneous country like India, in which different sections of people have grievances that arise out of social, economic and political issues that remain to be resolved, it is important that they make use of the democratic space for the resolution of such grievances. In this respect, political parties have a crucial role to play. When the political process is not in a position to articulate such legitimate demands, conflicts emerge. In the areas now plagued by the left extremist movement, it is the failure of the political process that has enabled the movement to mobilize people and enlist them in its ranks.</p>
<p>Today it has become more difficult for democratic space to be used for resolving conflicts. One reason is because of compulsive politics where each political grouping has multiple identities and where conflicts impinge on regional issues almost all the political parties with regional interest in these issues take a rigid stand because of which conflicts tend to get &ldquo;frozen&rdquo;. Examples of these are the inter-State disputes on water, location of central projects etc where political parties of one State including the national parties make common cause against the other State thus becoming a source of conflict in the region.</p>
<h3>Politics and Identity Issues</h3>
<p>Identity issues are not unique to India, they are a worldwide phenomenon although they prevail in a particularly intense form in today&rsquo;s India where communities based on language, religion, sect, caste and tribe have strengthened their identities. Conflicts based on such identity issues often lead to violence. A recent example is the increasing conflict generated by sections of society wanting to be counted as tribes, as evidenced in the agitation by the Gujjar community and its opposition by the Meena community in Rajasthan.</p>
<ul style="list-style-type: square;">
<li>The matter is compounded by the fact that identity issues largely determine how political parties behave and function. Whether at the time of elections or in forming alliances in the legislatures or in and between political parties, the equations based on identity issues become the guiding consideration.</li>
<li>Identity politics has induced fundamental changes in how political parties woo the electorate. In the early days of Independence, political parties used to woo all sections of society irrespective of caste, religion, community or class. They projected an inclusive nationalist image rather than that of any sectional interest. Politicians used the need for over-all development as well as anti-poverty, rural development or employment programmes to attract votes.</li>
<li>Fragmentation of the political party system based on the proliferation of narrow and local identities can continue endlessly. Each segment further encourages its sub-segments to search for their political space. In Andhra Pradesh, for example, the conflict between Malas and Madigas, two important Dalit communities in the State, has led to the emergence of separate political organisations.</li>
<li>While it is an inevitable step in the inclusion of marginalized groups in the country&rsquo;s democratic process, it can also lead to conflict and endless violence.</li>
</ul>
<h3>Recommendations</h3>
<ol>
<li>Political parties should evolve a code of conduct on the forms of dissent permissible in our democratic set up. This could be incorporated in a law, which would apply to all political parties and their functionaries. Enforcement of the law could be entrusted to the Election Commission. The law should also stipulate punitive action against political parties and their functionaries violating the prescribed forms of democratic dissent, by providing for criminal cases to be filed against them and imposing fines as deterrent.</li>
<li>There should be consensus that identity politics would be played within the space provided by democracy and not allowed to develop into intractable conflicts leading to violence. Political parties need to build capacity to arrive at such a consensus.</li>
</ol>
<h2>CHAPTER 11. Regional Disparities</h2>
<h3>A. Introduction</h3>
<p>Many regional conflicts are an outcome of disparities in the development of a particular region compared to the remaining parts of the country or the State of which that particular region is a part.</p>
<p>Within a country, measurement and comparison of the Net State Domestic Product (NSDP) of its constituent units offer an idea of prevailing imbalances.</p>
<p>Data on NSDP clearly establishes that the gap between the haves has widened over the last four decades.</p>
<p>Not only have the inequalities between States sharpened, there is also wide disparity between regions.</p>
<p>State-wise data suggests that barring West Bengal, the Eastern region has lagged behind in growth compared to the West and South. What then emerges is a clear divide between regions &ndash; States in the west and south of India form a category clearly distinguishable from those in the East and North of the country.</p>
<p>Governments have a crucial role to play in reducing regional disparities by identifying and remove gaps and promoting balanced development in which all areas and regions are enabled to develop.</p>
<h3>B. Intra-State Disparities</h3>
<p>The Telengana region of Andhra Pradesh is an example. Geographically, the State of Andhra Pradesh comprises three regions; it is reported that the literacy rate in Telengana is only 55.95% as against 63.58% in coastal Andhra, 60.53 per cent in Rayalaseema and 79.04 % in the capital city.</p>
<h3>C. The Administrative Approach</h3>
<p><strong>There are two broad approaches.</strong></p>
<div class="border-bg">
<p>The <em><strong>FIRST</strong></em> attempt to identify &lsquo;backward areas&rsquo; was made by the &lsquo;committee for Industrialisation of backward regions&rsquo; <em><strong>(Pandey committee)</strong></em> and on the basis of its recommendations, backward areas were classified into several categories:</p>
<p>Desert areas, chronically drought affected areas, hill areas including border areas, areas with high density of population and low levels of income and employment.</p>
<p>The <em><strong>B. Sivaraman committee</strong></em> which was set up to delineate a strategy for the development of backward areas, recommended in 1978 that the <strong>block</strong> should be the primary unit for identification of backward areas.</p>
<p>In 1994-95, the <em><strong>C.H Hanumantha Rao Committee</strong> </em>evolved new criteria for identification. The unit of identification was the block.</p>
<p>The <em><strong>EAS Sarma Committee</strong></em> submitted its report in November 1997 decided that criteria should include direct indicators of human deprivation as well as indirect indicators which pertain to the quality of the life such as Poverty, Education, Indicators of both social and economic infrastructure, etc. <em><strong>However,</strong></em> the scheme suggested by the EAS Sarma committee was <strong>not implemented</strong>.</p>
<ol></ol>
</div>
<ul>
<li>The first task is to fortify the backward areas adequately and target them with additional resources and investments to help them overcome structural deficiencies that contribute to their backwardness</li>
<li>The other approach is to improve the overall environment for economic and social growth of less developed States and areas through a judicious combination of major infrastructure interventions, institutional reforms and appropriate incentives structures.</li>
</ul>
<p>States have constituted special boards and Authorities such as Area Development boards for the development of backward areas but these are inefficient and there is wastage of resource due to work duplication.</p>
<p><strong>The commission recommends -</strong> that efforts for redressing regional imbalances should be done through local government agencies such as the zila Parishads and others and not through &lsquo;special purpose vehicles&rsquo; like Area Development boards and Authorities.</p>
<h3>D. Identification of Backward Areas</h3>
<ul style="list-style-type: square;">
<li>Economic and social development in our country is, more often than not, analyzed at the level of the State. But analysis at the level of the State does not necessarily capture the varying development strands within a State.</li>
<li>Over time, there has been a shift in focus from the State as a whole to the district as the unit.</li>
<li>Initially, the National Rural Employment Guarantee Act, 2005 (NREGA) was introduced in 200 of the most backward districts of the country. It is in this context that initiatives such as NREGA, Sarva Siksha Abhiyan and the Mid Day Meal Scheme are commendable.</li>
<li>On the whole, the approach to identifying backward areas seems to be varied. Clearly, there is need to formulate standard criteria for identifying backward areas.</li>
<li>It is necessary that human development indicators such as literacy and infant mortality rates should be included within the criteria.</li>
<li>As regards the geographical unit for defining backwardness, the commission is of the view that as recommended by the B. Sivaraman and Hanumantha Rao committees, the block should be the unit for identification.</li>
</ul>
<h3>E. Overall Environment for Growth</h3>
<p>The need for investment in social services and infrastructure in the relatively backward States is far greater than in the more developed States:</p>
<ol>
<li>Governments in the backward States are, fiscally weak and, as a result, not in a position to muster adequate resources to fund the huge investments.</li>
<li>They are unable to attract sizable private investment due to poor infrastructure which cannot be upgraded for want of resources.</li>
</ol>
<p>The challenge, in essence, is to <strong>BREAK THIS VICIOUS CYCLE</strong></p>
<ul style="list-style-type: square;">
<li>The union Government has launched - the backward Regions Grant Fund (BRGF) in January 2007. The backward Regions Grant Fund is designed to redress regional imbalances in development. It will provide financial resources for supplementing and converging existing developmental inflows into identified districts.</li>
<li>Elimination of minimum normative gaps in local area development, physical infrastructure, social attainments in health and education, and in land productivity should be the prime objectives in financing interventions from BRGF.</li>
</ul>
<p><em>On the whole, however, the approach to all such funding should be outcome driven. Funding in such cases should be provided as a mechanism to achieve desired outcomes and not as an end in itself as has been done in the past.</em></p>
<h3>F. Recommendations</h3>
<ol>
<li>A composite criteria for identifying backward areas (with the Block as a unit) based on indicators of human development including poverty, literacy and infant mortality rates, along with indices of social and economic infrastructure, should be developed by the Planning Commission for the 12th Five Year Plan.</li>
<li>Union and State Governments should adopt a formula for Block-wise devolution of funds targeted at more backward areas.</li>
<li>Governance needs to be particularly strengthened in more backward areas within a State. The role of &lsquo;special purpose vehicles&rsquo; such as backward area development boards and authorities in reducing intra-State disparities needs to be reviewed. It is advisable to strengthen local governments and make them responsible and accountable.</li>
<li>A system of rewarding States (including developed States) achieving significant reduction in intra-State disparities should be introduced.</li>
<li>Additional funds need to be provided to build core infrastructure at the inter-district level in less developed States and backward regions in such States. The quantum of assistance should be made proportionate to the number of people living in such areas.</li>
<li>The approach to all such funding should be outcome driven. The strategy should be to define acceptable minimum norms of human and infrastructure development that every block in the country should attain and funding should be driven by the consideration to achieve the norms so defined.</li>
</ol>
<h2>CHAPTER 12. Conflicts In The North East</h2>
<p>For more than half-a-century, the North East has seen an unending cycle of violent conflicts dominated by insurgencies with demands ranging from outright sovereignty to greater political autonomy. Insurgency has taken a toll of thousands of lives, both of security forces and citizens.</p>
<div class="border-bg">
<p><strong>Roots of Insurgency</strong></p>
<ul style="list-style-type: square;">
<li>The roots of insurgency in the North Eastern region are embedded in its <strong>geography, history and a host of socio-economic factors</strong>.</li>
<li><strong>Ninety-eight per cent</strong> of the borders of the region are international borders, pointing to the region&rsquo;s tenuous geographical connectivity with the rest of India.</li>
<li>While the population share of the region at around 3.90 crores is a mere 3 per cent of the national population, its rate of growth has exceeded two hundred per cent between 1951-2001, generating great stress on livelihoods and adding to <strong>land fragmentation</strong>.</li>
<li>While, nominally tribals constitute 27 per cent of the population of the entire region minus Assam, it increases to 58 per cent for the remaining States. Percentages, however, do not adequately reflect the extensive diversity in the tribal population of the region which has <strong>more than 125 district tribal groups</strong> &ndash; a diversity not to be seen in States like Jharkhand and Chhattisgarh where tribal populations predominate.</li>
</ul>
</div>
<h3>A. Typology of Conflicts</h3>
<p><strong>Conflicts in the region can be broadly grouped under the following categories:</strong></p>
<ol style="list-style-type: upper-alpha;">
<li><strong>'National' conflicts:</strong> Involving concept of a distinct &lsquo;homeland&rsquo; as a separate nation and pursuit of the realization of that goal by its votaries.</li>
<li><strong>Ethnic conflicts:</strong> Involving assertion of numerically smaller and less dominant tribal groups against the political and cultural hold of the dominant tribal group. In Assam this also takes the form of tension between local and migrant communities.</li>
<li><strong>Sub-regional conflicts:</strong> Involving movements which ask for recognition of sub-regional aspirations and often come in direct conflict with the State Governments or even the autonomous councils.</li>
</ol>
<h3>B. State Specific Conflict Profiles</h3>
<ol style="list-style-type: upper-alpha;">
<li><strong>Arunachal Pradesh</strong>
<ul style="list-style-type: circle;">
<li>The State has remained peaceful after the cease-fire with NSCN (National Socialist council of Nagaland) which was active in Tirap District. There was some disquiet with the settlement of relatively more enterprising chakma refugees from bangladesh in the State in large numbers which appears to have subsided.</li>
<li>Growing income disparities and constriction of employment opportunities could be a potential source of conflicts.</li>
</ul>
</li>
<li><strong>Assam</strong>
<ul style="list-style-type: circle;">
<li>A wide variety of ethnic conflicts prevail in the State e.g. agitations against &lsquo;influx of foreigners&rsquo;, perceived inability of the Government to deport them, tensions between religious/linguistic groups and escalating conflicts involving tribal communities who seek local autonomy etc</li>
</ul>
</li>
<li><strong>Manipur</strong>
<ul style="list-style-type: circle;">
<li>Currently, it is the <strong>&lsquo;Most Insurgency Ridden&rsquo;</strong> State with about fifteen violent outfits representing different tribes/communities active in the State and has become a self-financing extortion activity particularly in the Valley. The commission, during its visit to the State, was told of several instances where development funds were siphoned off to finance various unlawful and disruptive activities.<strong></strong>
<div class="border-bg"><strong>Manipur</strong> One fourth of Manipur (which is the valley), is home to more than seventy per cent of its population which predominantly consists of culturally distinct Meitei community. The State was ruled as a monarchy (later princely state) by Meitei rulers. The Meitei influence declined in the socio-economic spheres after Independence with the tribals coming into the forefront largely because of reservations. There was also resentment in a section of the Meitei society about the merger of the State with the Indian union- a resentment which led to the Meitei insurgency from the 1960s. Tribals account for around thirty per cent of the State&rsquo;s population and broadly belong to Naga, Kuki-chin and Mizo groups. Insurgency in Nagaland and Mizoram also spilled over to the State. The &lsquo;cultural distance&rsquo; of tribals from the Meiteis widened with almost all the tribes coming under the Christian fold by the 1930s.</div>
</li>
</ul>
</li>
<li><strong>Meghalaya</strong><br />The State is fortunately free from violence of the intensity that prevails in many other parts of the region. Except violence against &lsquo;outsiders&rsquo; particularly the Bengali speaking linguistic minority, there have been no major problems in the State. The following are some future areas of concern:
<ul style="list-style-type: circle;">
<li>Increasing clash of interest between the State Government and the Sixth Schedule District councils &ndash; the entire State is under that Schedule</li>
<li>Increasing inter-tribal rivalry.</li>
<li>Emerging tensions about infiltration from bangladesh particularly in the Garo Hills.</li>
</ul>
</li>
<li><strong>Mizoram</strong>
<ul style="list-style-type: circle;">
<li>The State with its history of violent insurgency and its subsequent return to peace is an example to all other violence affected States. Following an &lsquo;accord&rsquo; between the union Government and the Mizo National Front in 1986 and conferment of statehood the next year, complete peace and harmony prevails in Mizoram.</li>
<li>The only potential areas of conflict are the growing income and assets disparities in a largely egalitarian society and the dissatisfaction of the three small non-Mizo District councils with the State Government, on account of issues pertaining to identity and reservation as STs.</li>
</ul>
</li>
<li><strong>Nagaland</strong><br />Following the cease-fire with the dominant Muivah-Swu of the NSCN, the State is virtually free from overt violent unrest, certain areas of concern with regard to the future are:
<ul style="list-style-type: circle;">
<li>The issue of a final political settlement including the demand for &lsquo;greater Nagaland&rsquo; or &lsquo;Nagalim&rsquo; which as already noted is causing disquiet in the neighbouring areas, particularly Manipur</li>
<li>Growing competition over the limited resources of the State and the problem of unemployment of the educated youth.</li>
</ul>
</li>
<li><strong>Sikkim</strong><br />The State has not only done well in the sphere of development through decentralised planning but the constitutional mandate of striking a balance between the various ethnic groups (mainly the lepchas, bhutiyas and Nepalis) has also prevented emergence of major conflicts.</li>
<li><strong>Tripura</strong><br />Proximity to Mizoram exposed the State to the &lsquo;side effects&rsquo; of that insurgency. However, effective decentralization in the &lsquo;non-scheduled areas&rsquo;, bringing tribal areas within the purview of an autonomous &lsquo;Sixth Schedule&rsquo; council, successful land reforms and systematic promotion of agriculture have contributed to considerable conflict reduction.</li>
</ol>
<h3>C. Modes of Conflict Resolution</h3>
<ol>
<li>Security forces/ &lsquo;police action&rsquo;;</li>
<li>More local autonomy through mechanisms such as conferment of Statehood, the Sixth Schedule, Article 371 c of the constitution in case of Manipur and through &lsquo;tribe specific accords&rsquo; in Assam etc;</li>
<li>Negotiations with insurgent outfits;</li>
<li>Development activities including special economic packages</li>
</ol>
<p>Conflict prevention and resolution in the North East would require a judicious mix of various approaches.</p>
<h3>D. Capacity Building for Conflict Resolution</h3>
<p><strong>The specific areas needing capacity building in the region for conflict resolution are examined as under:</strong></p>
<ol>
<li>Capacity building in <strong>Administration</strong></li>
<li>Capacity building in <strong>Police</strong></li>
<li>Capacity building in <strong>local Governance Institutions</strong></li>
<li>Capacity building in <strong>Regional Institutions</strong></li>
<li>Capacity building in <strong>other Institutions</strong></li>
</ol>
<p><strong>1. Capacity Building In Administration <em>Recommendations</em></strong></p>
<ul style="list-style-type: square;">
<li>Greater opportunities may be provided to officers serving in the region to serve outside the North East to gain greater exposure to diverse work situations. Local and technical officers from the State should also be given opportunities to serve in larger States and to improve their professional qualifications through training in the country and abroad.</li>
<li>Incentives available for officers working in the North East should be increased.</li>
<li>Regional training institutions for various branches of administration, including the technical services may be operated by the North Eastern Council.</li>
<li>NEC may initiate discussions with the States to examine the legal implications and feasibility of regional cadres for senior positions in technical and specialized departments under the States.</li>
<li>NEC and the Ministry of Home Affairs may, in collaboration with the States, draw up an agenda for administrative reforms for the region with its implementation being monitored systematically. Satisfactory performance in implementation of this charter may qualify the States to additional funding including special economic packages.</li>
</ul>
<p><strong>2. Capacity Building In Police <em>Recommendations</em></strong></p>
<ul style="list-style-type: square;">
<li>The North Eastern Police Academy (NEPA) needs major upgradation of infrastructure and staff to cater to a larger number of officers at the induction level. NEPA may also be developed for imparting training to civil police officers from other regions in dealing with insurgency. Financial and other incentives are necessary for attracting and retaining instructors in the Academy from the Central Police organisations and civil police particularly those with proven track record in counter-insurgency operations.</li>
<li>Concrete steps are needed to introduce a scheme of deploying police personnel from the region to Central Police Organisations and to encourage deputation of police officers from outside the region to the North Eastern States.</li>
</ul>
<p><strong>3. Capacity Building In Local Governance Institutions <em>Recommendations</em></strong></p>
<ol style="list-style-type: upper-roman;">
<li>Sixth Schedule councils;</li>
<li>Village self-governance in the Tribal North East</li>
<li>Tribe Specific councils in Assam</li>
<li>Other issues of local Governance.</li>
</ol>
<p><em>I. Sixth Schedule Councils</em></p>
<ul style="list-style-type: square;">
<li>To avoid complaints of less favourable treatment to &lsquo;Scheduled Areas&rsquo; in certain respects, suitable amendment may be made in the Sixth Schedule of the Constitution to enable the Autonomous Councils to benefit from the recommendations of State Finance Commissions and the State Election Commissions provided respectively under Articles 243I and 243K of the Constitution of India.</li>
<li>The Union Government, Government of Meghalaya and the Autonomous Councils in that State may review the existing pattern of relationship between the Councils and the State Government to evolve a satisfactory mechanism to resolve conflicts between the Councils and the State Government.</li>
<li>Ministry of Home Affairs may, in consultation with the concerned State Governments and the Autonomous Councils, identify powers under the Sixth Schedule that Governors may exercise at their discretion without having to act on the &lsquo;aid and advice&rsquo; of the Council of Ministers as envisaged in Article 163 (1) of the Constitution.</li>
<li>Paragraph 14 of the Sixth Schedule may be suitably amended to enable the Union Government to appoint a common Commission for all autonomous districts for assessing their state of administration and making other recommendations envisaged in that paragraph. A periodicity may also be provided for the Commission.</li>
</ul>
<p><em>II. Village Self-Governance In The Tribal North East</em></p>
<ul style="list-style-type: square;">
<li>Measures should be taken to ensure that all the Autonomous Councils pass suitable legislation for establishing of village level bodies with well defined powers and a transparent system of allocation of resources.</li>
<li>Stipulation may be made in the rules relating to release of grants to the Autonomous Councils to the effect that passage of appropriate legislation for elected village level bodies and its implementation, will entitle the Councils to additional funding.</li>
<li>To enable the Autonomous Councils to discharge their responsibilities satisfactorily, it is imperative that the requirement of funds by these bodies is worked out normatively with reference to the minimum standards of service to be provided and capacity to raise local resources. Such exercise could be undertaken by the State Finance Commission. d. Nagaland has made commendable efforts to usher in a paradigm of decentralised village self-governance which combines the elective element with traditional power centers. The Ministry of Rural Development should formally recognise this arrangement for implementation of various development and poverty alleviation initiatives.</li>
<li>Government of Meghalaya may take steps for extension of the experiment of elected village committees in the Garo Hills for implementation of the National Employment Guarantee Act throughout the State for implementation of all rural development programmes.</li>
<li>It is imperative that in all States where village bodies administer justice under customary laws by virtue of the Sixth Schedule or other laws, such laws are duly codified.</li>
</ul>
<p><em>III. Tribe Specific Councils In Assam</em></p>
<p><em>VI. Other Issues of Local Governance</em></p>
<ul style="list-style-type: square;">
<li>Government of Assam may apportion functions between the tribe specific Councils/village Councils and the Panchayati Raj Institutions in a manner that schemes involving individual tribal beneficiaries may be assigned to the &lsquo;Tribe Specific Councils&rsquo; while area development schemes are left to the latter.</li>
<li>State Governments may initiate a system of meeting at least the establishment costs of the Councils from sources outside the tribal sub plan and build in these requirements in their projections to the next Finance Commission.</li>
<li>State Governments may take steps to identify innovative initiatives which could be entrusted to the Tribe Specific Councils without affecting area development concerns.</li>
<li>Suitable guidelines may be prepared for preparation of District and sub District plans in the relevant areas through joint efforts of the Tribe Specific Councils and the Panchayati Raj Institutions.</li>
<li>While continuous and vigorous measures are needed to bring about a consensus between various sections of society in Manipur about revival of the Hill Districts Councils, steps may be urgently taken to bring in suitable legislation to introduce elected village level bodies in the hill areas of that State</li>
</ul>
<p><strong>4. Capacity Building In Regional Institutions <em>Recommendations</em></strong></p>
<ul style="list-style-type: square;">
<li>The NEC Act, 1971 may be suitably amended to restore the original &lsquo;conflict resolution provision&rsquo; requiring the Council to &lsquo;discuss issues of mutual interest to two or more states in the region and to advise the Central Government thereon&rsquo;.</li>
<li>The Planning Commission needs to lay down a framework for preparation of integrated regional plans, with priorities and not as an assortment of schemes by the NEC. The regional plan should focus on areas with a bearing on intra-regional, inter-State priorities which have the potential of avoiding conflicts and promoting regional integration.</li>
<li>Planning Commission should ensure the association of the NEC in the State plan formulation exercise by suitably amending their guidelines.</li>
<li>The responsibility of sanctioning funds from the &lsquo;Non Lapsable Central Pool of Resources&rsquo; (NLCPR) should be entrusted to the North Eastern Council (NEC). NEC should work out mechanisms for scrutinising proposals for funding from the &lsquo;pool&rsquo; and their funding in coordination with the Ministries concerned.</li>
<li>It is desirable that a 10-year perspective plan is prepared for the entire region encompassing areas like development of human resources and infrastructure. A governance reform agenda should also form part of this plan. This comprehensive plan needs to be reviewed by the Prime Minister regularly with the Chief Ministers for speedy follow-up.</li>
<li>The Ministry for Development of North Eastern Region (DONER) may be abolished and the responsibility for the development of the region, including the infrastructure sectors, and utilisation of the non-lapsable fund should be restored to the subject matter Ministries, with the MHA acting as the nodal Ministry.</li>
</ul>
<p><strong>5. Other Regional Institutions</strong></p>
<p>There are more than ten institutions of inter-State/regional technical, medical and vocational education run by the NEC and a North Eastern central Agriculture university with campuses in all States (including Sikkim) except Assam which have, over the years, contributed significantly in upgrading human resources of the region.</p>
<div class="border-bg">
<p><strong>DONER</strong></p>
<p>Initially, of a Department for Development of the North Eastern Region (DONER) within the Ministry of Home Affairs in 2001 and its subsequent up gradation to a full fledged Ministry in 2004. Despite the formation of this Ministry, the Government of India (Allocation of business) Rules do not give overall &lsquo;nodal responsibility&rsquo; for the region to DONAR &ndash; this continues with the Ministry of Home Affairs.</p>
</div>
<p><strong>NEEPCO</strong> or the North Eastern Regional Electrical Projects Corporation is charged with the responsibility of developing the electricity generation potential of the region not only to meet the requirements of the North East but also to sell electricity outside the region &ndash; a feasible goal given its very significant hydro-power potential.</p>
<p><strong>NERAMAC</strong> or the North Eastern Regional Agricultural Marketing corporation is a public sector company to promote marketing of agricultural and horticulture produce of the region including the processing of such produce. The corporation has mainly tried to fulfil its mandate through running processing plants with very limited success. It is imperative that it concentrates on developing markets for the produce of the North East outside the region and facilitate entrepreneurs in setting up processing plants.</p>
<p><strong>NEHHDC</strong> or the North Eastern Handloom and Handicrafts Development Corporation is meant to promote the age-old handloom and handicrafts sector of the region which are part of its culture and ethos. The decline of this sector has arguably contributed to a feeling of disaffection in the region but the activities of NEHHDC have so far not had the desired outcome of turning around this declining sector.</p>
<p><strong>NEDFI</strong> or the North Eastern Development and Finance Corporation is a company jointly promoted by a number of financial institutions to provide finance to industrial houses and entrepreneurs to establish concerns for development of various sectors of the economy of the region on commercial lines.</p>
<p><strong>Recommendations</strong></p>
<p>NEC may prepare a comprehensive scheme for making NEHU a centre for advanced study in Sciences, Social Sciences and Humanities to address diverse issues common to the region as a whole. NEC may also actively coordinate arrangements with the State Governments to make NEIGRIHMS a centre for tertiary health care particularly for the low income groups in the region.</p>
<h3>E. National Register of Indian citizens</h3>
<p>The Group of Ministers on Reforming the National Security System recommended that as illegal migration had assumed serious proportions and registration of citizens and non-citizens was made mandatory. This was done by issuing The Multi Purpose National Identity card (MNIC)</p>
<p>Implementing the MNIC project is a challenging task. Government will first have to carry out a census-type survey to create a National Population Register, based on which the cards will be issued. With large illiteracy rates and people in several areas having little documentary proof.</p>
<p><strong>Recommendation</strong></p>
<ul style="list-style-type: square;">
<li>The MNIC project needs to be taken up on a priority basis. Since there are several Union Government and State Government agencies which issue similar identity cards, it would be necessary to achieve convergence amongst all such systems so that the MNIC becomes the basic document for identification of a person and lends itself to be used as a multi-purpose individual card.</li>
<li>Priority should be given to areas having international borders, for implementation of this Project.</li>
</ul>
<h3>Final Recommendations by Commission</h3>
<ol>
<li>The recommendations of the High Level Commission contained in its Report &ndash; &lsquo;Transforming the North East&rsquo; - and the report of the Task Force on Development Initiatives prepared by the North Eastern Council should be implemented to fill the gaps in infrastructure in the region.</li>
<li>A comprehensive framework needs to be evolved and put in place to promote the region as a preferred investment destination.</li>
<li>A Transport Development Fund to finance construction of important road corridors should be set up.</li>
<li>Comprehensive implementation of a &lsquo;look east&rsquo; policy though relevant for the country as a whole, is especially important for the long term growth of the North East. The agenda for its implementation must be prepared in active association with the State Governments. Clear apportionment of responsibility for planning and implementation of the policy between various Ministries of the Union Government for its implementation should be expeditiously undertaken.</li>
<li>Rail connectivity should be improved.</li>
<li>Establish bank branches and other credit disbursement outlets through further relaxation and incentivisation in the policies of the Reserve Bank and other financial institutions</li>
<li>There is need for setting up of centres of excellence for professional and higher education in the North East. In addition, a large scale expansion of facilities for technical education, such as ITIs, should be carried out to create a pool of skilled work force and generate entrepreneurial capacity as well as employment.</li>
<li>There is a need to make an in-depth study of the customary judicial system in order to achieve better understanding and dissemination of the prevailing norms and practices</li>
<li>It is necessary to evolve a credible system of maintenance of land records for the North East.</li>
</ol>
<h2>CHAPTER 13. Operational Arrangements For Conflict Management</h2>
<p>There are several institutions &ndash; constitutional, statutory, and executive in addition to institutions in the civil society &ndash; that have the capacity to play a role for conflict prevention and resolution. Many of these institutions, for example, the police are first responders to conflict situations and, therefore, their action or inaction can, in fact either prevent or generate conflicts.</p>
<h3>A. Executive and Conflict Management &ndash; Police and Executive Magistracy</h3>
<p>The commission in its Fifth Report on &ldquo;Public Order&rdquo; has dealt at length with the role of the Police and the Magistracy in maintaining order and preventing breaches of peace and has made extensive recommendations to enhance the effectiveness of the Police and Magistracy for maintaining Public Order.</p>
<p><strong>Recommendations</strong></p>
<ol>
<li>Police Reforms recommended by the Commission in its Fifth Report, &ldquo;Public Order&rdquo; (Chapters 5 and 6) are likely to augment the institutional capacity of the Police to play a more proactive and effective role in conflict resolution.</li>
<li>Police Manuals must be updated to contain suitable provisions extending the scope of responsibilities of Police officials to include conflict resolution in their charter of duties. Suitable amendments in training formats may also be carried out to provide relevant inputs on the subject. Achievements under this &lsquo;head&rsquo; needs to be taken into account while evaluating overall performance.</li>
<li>Executive Magistrates in their capacity as Revenue and other field level officials have extensive public inter-face and enjoy considerable goodwill particularly in rural areas. Their familiarity with the field situation and general acceptability makes them eminently suitable to be involved as interlocutors in mediating in local conflicts. State Governments need to build on the modalities and the institutional framework in this regard</li>
</ol>
<h3>B. Judicial Delays and Alternative Dispute Redressal</h3>
<p>In any civilised society, the forum of dispute resolution is the judiciary. While &lsquo;disputes&rsquo; can be said to differ from &lsquo;conflicts&rsquo; as the latter involve a larger number of &lsquo;opponents&rsquo; in contending for rival claims &ndash; many conflicts are the result of non-settlement of disputes often due to judicial delays.</p>
<p><strong>Findings By The Commission</strong></p>
<ul style="list-style-type: square;">
<li>The ever burgeoning pendency of judicial cases in courts at all tiers of the judicial hierarchy is one of the key factors for persistence of conflicts in our society.</li>
<li>The acute shortage of judicial officers and slow pace of some of the procedures governing judicial proceedings are among the basic reasons for tardy resolution of disputes through the judiciary</li>
<li>The innovation of lok Adalats has proved successful only to some extent. Barring cases of settling marital disputes, insurance and accident compensations and claims etc, this method has failed to reduce judicial arrears. Lack of support from sections of the bar to the lok Adalats is perhaps a cause for its limited success.</li>
</ul>
<p><strong>Recommendations</strong></p>
<ol>
<li>Allocation of resources for upgradation of infrastructure and personnel of the subordinate judiciary needs to receive higher priority in federal fiscal transfers.</li>
<li>Much greater attention needs to be paid to make the institution of Lok Adalats serve their intended objective, and in particular to enlist active cooperation of the members of the Bar to give this approach, a chance of success.</li>
<li>Ministry of Law may initiate a dialogue with the Bench and the Bar of the higher judiciary to explore ways and means of bringing &lsquo;greater finality&rsquo; to the decisions of quasi-judicial authorities and bodies.</li>
</ol>
<h3>C. Civil Society and Conflict Resolution</h3>
<p><strong>Findings By The Commission</strong></p>
<ul style="list-style-type: square;">
<li>In all societies, there are elements capable of rising above narrow partisan concerns and thus becoming effective in conflict situations. Examples of these include NGOs with a long track record in conflict zones, church organisations and social workers who have a major presence and role in areas facing communal, caste, militant and ethnic conflicts in different parts of our country.</li>
<li>It must also be recognised that communities in control of their affairs are likely to be more self-confident and in a better position to sort out internal problems between themselves.</li>
</ul>
<p>The need to involve Panchayati Raj institutions in prevention and resolution of local conflicts needs to be strongly encouraged.</p>
<p><strong>Recommendations</strong></p>
<ol>
<li>While social capital formation needs encouragement to improve delivery of services and build community self reliance, it is imperative that such initiatives also attempt to involve communities in &lsquo;in-house&rsquo; conflict resolution.</li>
<li>General policy guidelines need to be formulated by the State Governments for involving both the Panchayats and urban local bodies along with &lsquo;nonpolice&rsquo; instrumentalities of the State, in conflict resolution.</li>
</ol>
<h2>CHAPTER 14. Institutional Arrangements For Conflict Management</h2>
<h3>Introduction</h3>
<p>There are several institutions, and instrumentalities within the framework of the State whose mandate it is to deal with potential and actual conflict situations. Some of these institutions have a constitutional status while others were constituted through statutes or executive orders.</p>
<div class="border-bg">
<p><strong>Salient Provisions of the Constitution</strong></p>
<p><strong>Article 131</strong> recognizes the importance of resolving Union-State/s and Inter-State disputes through the exclusive original jurisdiction of the Supreme Court.</p>
<p><strong>Article 262</strong> empowers Parliament to appoint a tribunal for Inter-State Rivers or River valleys water disputes and to provide for adjudication of such disputes</p>
<p><strong>Article 236</strong> envisages inter-State councils for resolution of disputes and to discuss matters of mutual interest to the union and the States as well as issues requiring coordination between them. This provision is dealt with in detail later in this chapter.</p>
<p><strong>Article 280</strong> provides for establishment, of a quasi-judicial Finance commission to recommend the norms of distribution resources between the union and the States. This Article clearly underscores the need to prevent disputes arising out of &lsquo;financial grievances&rsquo; of States.</p>
<p><strong>Article 307</strong> authorizes setting up an authority to facilitate inter-State trade and commerce.</p>
<p><em><strong>Beside these there are other provisions which include&ndash;</strong></em></p>
<p><strong>Article 350b</strong> which provides for a special officer to safeguard the interests of linguistic minorities, and <strong>Articles 338</strong> and <strong>338A</strong> which provide for commissions to promote and protect the interests of Scheduled castes and Scheduled Tribes respectively. Such provisions seek to narrow the scope for grievances escalating into conflicts.</p>
</div>
<h3>Important Official Conflict Prevention/Resolution Agencies</h3>
<ol style="list-style-type: upper-alpha;">
<li>Institutions established under constitutional provisions.</li>
<li>Institutions under legislative enactments.</li>
<li>Institutions or deliberative forums issued under executive orders of the Government.</li>
</ol>
<h3>A. Institutions Under The Constitution</h3>
<p><strong>1. Inter-State Council</strong></p>
<p>Provisions with respect to an Inter-State Council &ndash;</p>
<p>If at any time it appears to the President that the public interest would be served by the establishment of a Council charged with the duty of &ndash;</p>
<ol style="list-style-type: lower-alpha;">
<li><strong>Inquiring</strong> into and advising upon disputes which may have arisen between States;</li>
<li><strong>Investigating</strong> and discussing subjects in which some or all of the States, or the Union or one or more of the States, have a common interest; or</li>
<li>Making <strong>recommendations</strong> upon any such subject and, in particular, recommendations for better coordination of policy and action with respect to the subject.</li>
</ol>
<p><strong>Findings By The Commission</strong></p>
<ol>
<li>Most of the discussions in the ten meetings of the Inter-State council, since it was set up, were confined to discussing and reviewing the recommendations of the Sarkaria commission.</li>
<li>Inter-State council must be given the &lsquo;complete&rsquo; role provided to it under the constitution i.e. both conflict resolution and for better coordination of policy and action in matters of interest to the union and States.</li>
<li>The Inter-State council should be constituted as and when the need in that behalf arises and that the council need not exist in perpetuity.</li>
</ol>
<div class="border-bg">
<p><strong>Composition of the Inter-State council</strong></p>
<ul style="list-style-type: square;">
<li>The Prime Minister &ndash; Chairperson</li>
<li>Chief Ministers of all States/UTs- (Governors of States where Article 356 is in operation)</li>
<li>Administrators of UTs not having a Legislative Assembly;</li>
<li>Six Ministers of Cabinet rank in the Union Council of Ministers to be nominated by the Prime Minister. (Other Ministers of the Union Government may be invited as permanent invitees, if so nominated by the Chairman of the Council, or as and when any item relating to a subject under their charge is to be discussed).</li>
</ul>
</div>
<p><strong>Recommendations</strong></p>
<ul style="list-style-type: square;">
<li>The conflict resolution role envisaged for the Inter-State Council under Article 263 (a) of the Constitution should be effectively utilised to find solutions to disputes among States or between all or some of the States and the Union.</li>
<li>The Inter-State Council may not, however, exist as a permanent body. As and when a specific need arises, a suitable Presidential order may be issued constituting and convening the Council to consider a dispute or coordination of policy or action on matters of interest to the Union and concerned States. This body may cease to function once the purpose for which it was constituted is completed.</li>
<li>The composition of an Inter-State Council may be flexible to suit the exigencies of the matter referred to it under Article 263.</li>
<li>If necessary, more than one Inter-State Council could be in existence at the same time with different terms of reference and composition as warranted for each Council.</li>
</ul>
<p><strong>2. The National Commission For Scheduled Castes And The National Commission For Scheduled Tribes</strong></p>
<p>The broad areas of responsibility of the two bodies are:</p>
<ol style="list-style-type: lower-alpha;">
<li>Investigation and monitoring of implementation of safeguards for Sc/ST provided under the constitution or other laws;</li>
<li>Inquiry into specific cases of violation of safeguards provided for these groups;</li>
<li>Participation in planning and socio-economic development and evaluate the impact of such programmes in the union and the States;</li>
<li>Presenting annual reports to Parliament about the working of the safeguards for Sc/ST; and</li>
<li>Making recommendations for better implementation of safeguards and for the socio-economic development of the relevant groups.</li>
</ol>
<p><strong>Findings By The Commission</strong></p>
<ol>
<li>So far no independent assessment of the functioning of these bodies has been undertaken.</li>
<li>Their Reports have also not received much attention.</li>
<li>Considerable time and effort is taken in addressing individual complaints and grievances of government and public sector employees belonging to the relevant categories.</li>
<li>It is necessary that a distinction is drawn between group grievances and individual claims relating to promotions, transfers, postings etc.</li>
<li>The administrative ministries responsible for these commissions must carefully consider, in consultation with the commissions, ways and means of enabling them to effectively discharge their constitutional responsibilities.</li>
</ol>
<p><strong>Recommendations</strong></p>
<ul style="list-style-type: square;">
<li>The National Commissions for Scheduled Castes and Scheduled Tribes have an important mandate to guide review and monitor the implementation of safeguards provided for SC/STs in various fields, including in the matter of their service conditions. It is imperative that the focus of the two Commissions remains on policy and larger issues of implementation rather than on cases of an individual nature which can be looked into by the administrative Ministries/appropriate forum with the Commissions playing a critical oversight role.</li>
<li>The administrative Ministries connected with the two Commissions may undertake an exercise, and in consultation with these bodies, work out the details of how these bodies could be better enabled to discharge their constitutional mandate.</li>
</ul>
<h3>B. Institutions Under Legislative Enactments</h3>
<p><strong>1. The Zonal Councils</strong></p>
<ul style="list-style-type: square;">
<li>The need for establishing inter-State councils on a &lsquo;zonal basis&rsquo; was felt primarily to deal with problems arising out of the reorganization of States on linguistic basis in 1956.</li>
<li>Sections 15 to 22 of the States Reorganization Act, 1956 (Act No 37 of 1956) deal with various aspects of the functioning of the four (North, South, East and West) zones.</li>
<li>These councils consist of a union Minister nominated by the President who acts as the chairman and the chief Ministers of States in the region along with two Ministers each from the member-States, nominated by the Governor as members.</li>
</ul>
<p><em>Sub-section (2) of Section 21 of the Act prescribes the following duties for the council:</em></p>
<ol style="list-style-type: lower-alpha;">
<li>Any matter of common interest in the field of economic and social planning;</li>
<li>Any matter concerning border disputes, linguistic minorities or inter-State transport; and</li>
<li>Any matter connected with, or arising out of, the re-organisation of States.</li>
</ol>
<p><strong>Findings By The Commission</strong></p>
<ol>
<li>Over time however, the zonal councils met only occasionally.</li>
<li>The Secretariats have ceased to be operational and the practice of State chief Secretaries acting as Secretaries of the councils on rotating basis, too, has hardly ever been acted upon.</li>
<li>These bodies have become a peripheral responsibility of the Ministry of Home Affairs through the Inter-State council Secretariat.</li>
<li>The recent creation of the States of uttarakhand, Jharkhand and chhattisgarh through bifurcating the States of uttar Pradesh, bihar and Madhya Pradesh respectively has not resulted in reactivation of the appropriate zonal councils and necessary coordination has been carried out bilaterally by the State Governments concerned.</li>
<li>In short, the zonal councils are not only dormant, but there appears to be a lack of interest in their reactivation.</li>
</ol>
<p><strong>Recommendation</strong></p>
<p>The system of Zonal Councils may be dispensed with. Important issues of inter-State coordination or disputes between States in the same region may, wherever necessary, be entrusted to an Inter-State Council with appropriate composition and terms of reference so that any given issue is considered in depth.</p>
<p><strong>2. National Human Rights Commission</strong></p>
<p>The scope of the term &ldquo;human rights&rdquo; as defined under Section 2(d) of the Act is wider than the fundamental rights guaranteed in the constitution as they include <strong>&ldquo;rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by the courts in India&rdquo;</strong>.</p>
<ul style="list-style-type: square;">
<li>The commission has been proactive in supporting the cause of victims of human rights violations in a variety of situations &ndash; its successfully moving the Supreme court for transferring the &lsquo;best bakery case&rsquo; out of the State of Gujarat is just one among many instances in this connection.</li>
<li>While conflict resolution does not formally figure in the agenda of the NHRC, institutions like it have a major <strong>preventive</strong> role in dispelling helplessness and despair from victims of major human rights violations and dissuade such groups from resorting to violence.</li>
</ul>
<p><strong>3. National Minorities Commission and National Commission for Backward Classes</strong></p>
<p>These bodies function like the National commissions for Scheduled castes/Tribes with the difference that they derive their mandate from parliamentary legislations rather than constitutional provisions.</p>
<p>Observations made with reference to the &lsquo;constitutional commissions&rsquo; also apply in their cases.</p>
<h3>C. Institutions Established under Executive Orders</h3>
<p><strong>1. The National Integration Council (NIC)</strong></p>
<p><strong>Commission Observations</strong></p>
<p>The NIC owes its establishment to the initiative taken by the then Prime Minister, Pt. Jawaharlal Nehru, who in the wake of major communal conflagrations in Jabalpur and certain other places in central India, convened a National Integration conference in September, 1961 to find ways and means to combat the evils of communalism, casteism, regionalism, linguistic chauvinism and narrow-mindedness etc.</p>
<ul style="list-style-type: square;">
<li>The underlying idea was to build a consensus to rid the country of communal violence and other divisive evils through formulation of cross-party consensus and identifying suitable policy and other initiatives.</li>
<li>The NIC was constituted accordingly and held its <strong>first meeting</strong> on 2<sup>nd</sup> and 3<sup>rd</sup> June 1962</li>
<li>The council was last reconstituted in February 2005, after a gap of fifteen years, with the Prime Minister as its chairperson and with 141 members.</li>
</ul>
<div class="border-bg">
<p><strong>National Human Rights Commission</strong></p>
<p>This body was created in 1994 under the Protection of Human Rights Act 1993 and is presided over by a former chief Justice of India with four members out of whom two have to be former judges of the Supreme Court. The chairmen of the National commissions for Scheduled castes, Scheduled Tribes, Minorities and backward classes are ex-officio members when a matter ordinarily within the jurisdiction of any of these bodies is taken up by the NHRC.</p>
</div>
<p><strong>Recommendations</strong></p>
<ol>
<li>The mandate of the National Integration Council (NIC) requires consideration of all factors impinging on national cohesion, and not only communalism or communal violence. The agenda of the NIC needs to be diversified.</li>
<li>Substantive issues before the Council may be considered in detail in smaller, subject-matter specific committees.</li>
<li>The composition of the NIC may be rationalized to facilitate consideration of a wider variety of issues. Broad guidelines may be framed by the Ministry of Home Affairs for identifying interest groups and specialty streams that need to be represented on the NIC.</li>
<li>The Council may meet at least once a year, while the sub-committees could meet as often as required to complete the assigned task in a time-bound manner.</li>
<li>Summary proceedings of the NIC may be laid before both Houses of Parliament.</li>
<li>The Indian Council of Social Science Research (ICSSR) and the Planning Commission may take a lead in the matter of establishing a multidisciplinary research and policy analysis platform to discuss issues concerning national integration either in an existing institution or by promoting a new institution or as a network.</li>
</ol>
<p><strong>2. National Development Council (NDC)</strong></p>
<p>Specific rules of procedure for the National Development Council and other apex level bodies may be drawn up to ensure focused deliberations</p>
<p><strong>3. Central Advisory Board on Education (CABE)</strong></p>
<p>CABE is unique in this group not only because it is the oldest body of its kind having been set up as early as 1921 - but also because it has played a major role in resolving serious conflicts and building national consensus on issues concerning education particularly for the period before 1976 when &lsquo;education&rsquo; fell within the exclusive domain of the States. Highly complex and emotive issues like the &lsquo;Three language Formula&rsquo;, &lsquo;National curriculum Framework&rsquo; and even National Policy on Education were sorted out through the instrumentality of CABE. Unfortunately, this important consensus building forum was allowed to lie dormant for most of the 1990s; its revival from 2004 is a happy augury.</p>
<h3>D. Other Institutional Innovations</h3>
<p><strong>Commission Observations</strong></p>
<p>While there is a need to broad base, strengthen and effectuate the existing institutions and fora for conflict reduction and resolution, there is also a case for extending the existing framework of some of the institutions so that certain proven methods of negotiations and deliberations could be more widely applied.</p>
<div class="border-bg">
<p><strong>Dispute Resolution at Village Level</strong></p>
<p>To reduce conflicts based on caste, class and religion in the village which are blocking the path of their development, the Maharashtra Government has launched the Tanta Mukta campaign.</p>
<p>In the first state, all the pending court case would be listed. The Gram Sabha would elect a Tanta Mukta committee consisting of representatives from all sections of society. This committee will work towards resolving the conflicts. However, the committee will not look into the crimes committed under the &lsquo;Atrocities Act&rsquo;. If the committee resolves the conflicts then the warring sides will withdraw the cases.</p>
</div>
<p>Establishing State level Integration councils to discuss State-specific conflict situations, including potential conflicts, and providing a mechanism of networking such councils with the NIC.</p>
<p>Conflicts involving States, parts of the same State or even sizeable section of people agitating for redressal of specific grievances or fulfilment of demands can be solved through arbitration of people commanding respect and acceptability within the community.</p>
<p>There is a case for institutionalising this approach through constituting &lsquo;Peace committees&rsquo; consisting of eminent citizens drawn from various walks of life, enjoying widespread public trust and confidence for their impartiality and wisdom.</p>
<p><strong>Recommendations</strong></p>
<ol>
<li>State Integration Councils may be constituted to take stock of State level conflict situations having suitable linkages with the NIC. In important matters, the report of State level bodies may also be brought for consideration, advice and recommendations of the NIC. Guidelines for deciding the membership to the National Integration Council may also give suitable weightage to adequately representing the State Integration Councils in the national body.</li>
<li>District level integration Councils (District Peace Committees) having suitable linkages with the State Councils may also be considered particularly for Districts with a history of violent, divisive conflicts. These should comprise eminent individuals enjoying confidence of all sections of society. These bodies may play mediatory and advisory roles in conflict situations.</li>
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		'article_id' => (int) 1705,
		'category_id' => (int) 17,
		'title' => 'Xaxa Committee on Tribal Communities of India',
		'description' => '<p>The Indian State must aim to ensure that all sections of society share in the economic and social prosperity of the country. It is widely acknowledged that a large section of the Indian population, especially the tribal communities, have not received the full benefits of development processes undertaken over the past six decades and adversely affected by the developmental projects undertaken during this period.</p>
<p>Accordingly, the Prime Minister&rsquo;s Office constituted a High-Level Committee (HLC) in 2013, under <strong>chairmanship of Prof. Virginius Xaxa</strong>.</p>
<p>The Committee was mandated to examine the socio-economic, educational and health status of tribal communities and recommend appropriate interventional measures to improve the same. It submitted report in May, 2014.</p>
<h2>Introduction</h2>
<h3>Schedule Tribes</h3>
<ul style="list-style-type: square;">
<li>The tribal population in India, though a numerically small minority, represents an enormous diversity of groups.</li>
<li>They vary among themselves in respect of language and linguistic traits, ecological settings in which they live, physical features, size of the population, the extent of acculturation, dominant modes of making a livelihood, level of development and social stratification.</li>
<li>While tribes have a distinct culture and history, they also <strong>share commonalities with other marginalised sections</strong> of Indian society, such as the lack of adequate political representation, economic deprivation and cultural discrimination.</li>
<li>However, tribal society must be appreciated and it must be recognised that non-tribal people have much to learn from the richness of tribal cultures and systems of knowledge.</li>
<li><strong>The category of 'tribe'</strong> entails a social and cultural dimension <strong>but the Scheduled Tribe</strong> category has politico-administrative implications.</li>
<li><strong>A majority of the Scheduled Tribe population</strong> is concentrated in the eastern, central and western belt covering the <strong>nine States</strong> of Odisha, Madhya Pradesh, Chhattisgarh, Jharkhand, Maharashtra, Gujarat, Rajasthan, Andhra Pradesh and West Bengal.</li>
<li><strong>About 12 per cent inhabit the North-eastern region,</strong> about five per cent in the Southern region and about three per cent in the Northern States.</li>
</ul>
<h3>Political &amp; Administrative History</h3>
<ul style="list-style-type: square;">
<li>Tribal rebellions in the nineteenth century resulted in British policy of exclusion of Tribal areas from the operation of general laws.</li>
<li><strong>Regulation XIII of 1833</strong> created <strong>Non-Regulation Provinces</strong> and were to be governed by special rules for civil and criminal justice, collection of land revenue, and so on. It introduced a new system of administration in Singhbhum area.</li>
<li>In the Northeast region, the British put in force <strong>the Inner Line Regulation in 1873,</strong> as the point beyond which general laws for the colony would not be applicable and entry of <strong>subjects living outside the area was strictly prohibited</strong>.</li>
<li>As per Government of India Act, 1919, Governor General was exclusively responsible for law and administration and could act through local officials.</li>
<li>According to The Government of India Act, 1935, the Governor could determine policy directly or through his agents in the tribal areas.</li>
<li>Post independence, groups and communities identified and enumerated as tribes during British rule came to be re-classified as <strong>Scheduled Tribes</strong> after the Constitution (Article 342) was adopted in 1950.</li>
<li>Areas where Schedule Tribes are numerically dominant, two distinct administrative arrangements have been provided for them in the Constitution in the form of the <strong>Fifth</strong> and <strong>Sixth Schedules</strong>.</li>
<li><strong>5th Scheduled Areas</strong> under the Constitution is &ldquo;such areas as the <strong>President may by order declare</strong> to be Scheduled Areas&rdquo;. <strong>At present, 10 States</strong> namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Schedule Areas.</li>
<li>The provisions of the Fifth Schedule have seen further legal and administrative reinforcement in the form of <strong>Provisions of Panchayats (Extension to Scheduled Areas) Act, 1996</strong> for more democratisation.</li>
<li>The <strong>Sixth Schedule</strong> areas are some of the areas which were &lsquo;excluded&rsquo; until the Government of India Act, 1935 in the erstwhile Assam and other tribal-dominant areas which became separate States.</li>
<li>These areas (6th schedule) have also been given special provisions under <strong>Part XXI</strong> of the Constitution.</li>
<li><strong>Removal of Area Restrictions (Amendment) Act 1976</strong> removed area restrictions on the recognition of Scheduled Tribes, making lists applicable to entire States rather than blocks and districts within States.</li>
<li>Areas where Schedule Tribes are a <strong>numerical minority,</strong> they are a part of the general administrative structure of the country. Certain rights have accrued to Scheduled Tribes across the country <strong>through reservations</strong> in educational institutions and government employment.</li>
<li>Parliament and state legislatures are also empowered to create <strong>tribal autonomous regions</strong> out of ambit of 5th &amp; 6th Schedules. For example &ndash; <strong>Leh Autonomous Hill Development Council, Kargil Autonomous Hill Development Council, Darjeeling Gorkha Hill Council</strong>.</li>
</ul>
<h3>Defining Schedule Tribes &amp; various committees</h3>
<ul style="list-style-type: square;">
<li>As per Census-1931, Schedule tribes are termed as "backward tribes&rdquo; 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.</li>
<li><strong>The Constitution does not define</strong> the criteria for recognition of Scheduled Tribes and hence the definition contained in 1931 Census was used in initial years after independence.</li>
<li>However, Article 366(25) of the Constitution <strong>only provides process to define</strong> Scheduled Tribes: &ldquo;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.&rdquo;</li>
<li>The first Backward Classes Commission (<strong>Kaka Kalelkar Commission,</strong> 1953) appointed by the President of India under Article 340, defined Scheduled Tribes as &ldquo;They lead a separate exclusive existence and are not fully assimilated in the main body of the people. They may belong to any religion.&rdquo;</li>
<li><strong>Elwin Committee (1959)</strong> was constituted to examine the functioning of Multi-Purpose Development Blocks, the basic administrative unit for all tribal development programmes.</li>
<li><strong>U.N. Dhebar Commission</strong>, constituted in 1960 to address the overall situation of tribal groups, including the issue of land alienation in tribal areas.</li>
<li><strong>The Lokur Committee (1965)</strong> was set up to look into criteria for defining Schedule Tribes. The Committee recommended <strong>five criteria</strong> for identification, namely, <strong>primitive traits, distinct culture, geographical isolation, shyness of contact</strong> with the community at large, and <strong>backwardness</strong>.</li>
<li><strong>The Shilu Ao committee, 1966,</strong> like the Elwin committee, addressed the issue of tribal development and welfare.</li>
<li><strong>Tribal Sub-Plan approach</strong> of the government emerged on the recommendations of several committees constituted during 1970s.</li>
<li><strong>The Bhuria Committee (1991)</strong> recommendations paved the way for the enactment of the <strong>PESA Act, 1996</strong>.</li>
<li><strong>Bhuria Commission (2002-2004)</strong> focused on a wide range of issues from the Fifth Schedule to tribal land and forests, health and education, the working of Panchayats and the status of tribal women.</li>
<li><strong>Bandopadhyay Committee (2006)</strong> looked at development and governance in Left-Wing Extremist areas.</li>
<li><strong>Mungekar Committee (2005)</strong> examined issues of administration and governance.</li>
<li>The issues that the above mentioned Committees have dealt with fall broadly into two categories: <strong>development and protection</strong>. And yet, on both these issues, the outcome for tribal communities has been mixed.</li>
</ul>
<h3>Study &amp; Analysis</h3>
<p>The <strong>five critical issues:</strong> (1) livelihood and employment, (2) education, (3) health, (4) involuntary displacement and migration, (5) and legal and constitutional matters have been studied by <strong>Xaxa Committee</strong>.</p>
<ul style="list-style-type: square;">
<li>Of the five issues, first three are concerned with issues that have been at the root of <strong>the post-colonial State&rsquo;s development agenda for tribes:</strong> livelihood and employment, education and health.<br />
<ul style="list-style-type: circle;">
<li>Substantial resources have been allocated specifically for tribes in all these spheres, and special programmes and schemes have also been formulated to address problems on these fronts, beginning from the first phase of India&rsquo;s planned development.</li>
<li>And yet the status of tribes in these spheres continues to be one of the critical gaps in India&rsquo;s road to development. This also raises the question of institutions and systems for delivery of public goods and services.</li>
</ul>
</li>
<li><strong>Massive development displacement:</strong> As a part of the faulty nation-building process, tribal areas have witnessed the large-scale development of industry, mining, infrastructure projects such as roads and railways, hydraulic projects such as dams and irrigation.<br />
<ul style="list-style-type: circle;">
<li>These have been followed by processes of urbanization as well.</li>
<li>It has been often loss of livelihood, massive displacement and involuntary migration of tribes.</li>
</ul>
</li>
<li>Another important issue analysed by the Committee is the <strong>working of legislations</strong>.<br />
<ul style="list-style-type: circle;">
<li>The Provisions of Panchayats (Extension to Scheduled Areas) Act (PESA), 1996 and The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA), 2006, enacted to redress the historical injustice to tribal and forest communities, have been significant initiatives that <strong>have changed their legal status</strong>.</li>
<li>However, <strong>policies and practices</strong> have been <strong>slow</strong> to absorb the <strong>changed circumstances recognised in the law</strong>.</li>
<li>These legislations and their violations have been examined for future amendment.</li>
<li>Subjects such as land acquisition, food security, detention and imprisonment, the status of Particularly Vulnerable Tribal Groups (PVTGs) and De-notified Tribes, have also been highlighted.</li>
</ul>
</li>
</ul>
<h3>Other observations</h3>
<ul style="list-style-type: square;">
<li>In one of the discourses, the overall condition of tribal people, including their poverty, is attributed to <strong>their social and geographical isolation</strong>.</li>
<li><strong>Verrier Elwin</strong> attributed their deplorable and impoverished condition to their contact with the outside world, which had led to indebtedness and loss of control over their land and forests. <strong>(Verrier Elwin (1902 &ndash; 1964) was a British self-trained anthropologist, ethnologist and tribal activist.)</strong></li>
<li><strong>Integration and Development:</strong> The nationalist leadership recognized both of these dimensions (social and geographical isolation) and addressed them. The provisions enshrined for Scheduled Tribes in the Indian Constitution are a testimony to this <strong>dual approach</strong>.
<ul style="list-style-type: circle;">
<li>It provides for development as well as for safeguarding and protection of their interests.</li>
</ul>
</li>
<li>However, what the State is actually pursuing for tribals is assimilation rather than integration, contrary to what is claimed (development as well as for safeguarding and protection of their interests).</li>
<li><strong>A policy of integration</strong> would provide space for protections and safeguards for their distinct identity, as enshrined in the Constitution.</li>
<li>There is also argument for <strong>inadequate resource allocation</strong> for tribal development.</li>
<li><strong>Poor implementation of programmes</strong> is offered as another explanation for the issue of lack of social development among tribes.</li>
<li>Another arguments regarding poor development of the tribal populations is built around the <strong>issue of the traditional socio-cultural aspects of tribal life</strong>.</li>
<li>For example, education in the regional language is usually familiar to the general population, including the Scheduled Castes, but this is not the case in the tribal context.</li>
<li>Thus, there is a need to re-orient development in tune with the tribal culture and to adopt a more humane approach to tribal development.</li>
</ul>
<p>Beyond the concerns of inadequate resource allocation, ineffective implementation or tribal traditions, there is <strong>needed to engage with the larger question of national and regional development</strong>.</p>
<ul style="list-style-type: square;">
<li>The appropriation of tribal land and forests began during colonial rule and has continued to the present. Since tribal-inhabited regions are rich in mineral, forest and water resources, large-scale development projects invariably came to be located in tribal areas.</li>
<li>States of Jharkhand and Odisha, which have considerable natural resources, but also the highest percentages of tribal people living below the poverty line.</li>
<li>In 2004&ndash;05, the proportion of tribal people living below poverty line stood at 54.2 per cent in Jharkhand while the percentage was as high as 75.6 per cent in Odisha in the same year.</li>
<li><strong>Overcoming tribal &lsquo;isolation&rsquo; through large-scale mining,</strong> industrial and infrastructure projects, as these States have witnessed, has clearly not resolved the problem of poor development indicators. Rather, these have led to <strong>further impoverishment and vulnerability</strong>.</li>
<li><strong>The model of development</strong> imposed on tribals has been questioned. Massive push to this development agenda with economic liberalisation and the entry of private corporations into tribal areas, has been met with considerable resistance by tribal communities.</li>
<li><strong>Laws and rules</strong> that provide protection to tribes are being routinely manipulated and subverted to accommodate corporate interests.</li>
<li><strong>Violence:</strong> Tribal protests are being met with violence by the State&rsquo;s paramilitary forces and the private security staff of corporations involved.</li>
<li>These dismal situations have paved the way for Left-Wing Extremism (LWE) in tribal areas.</li>
</ul>
<h3>Left-Wing Extremism (LWE)</h3>
<ul style="list-style-type: square;">
<li>Of the nine States considered to be seriously affected by LWE, six are States with Scheduled districts.</li>
<li>Among the 83 LWE-affected districts, 42 districts have Scheduled Areas.</li>
<li>These regions are marked by the following features
<ul style="list-style-type: circle;">
<li>Serious neglect and deprivation, widespread poverty and poor health and educational status;</li>
<li>Exploitation and oppression by traders and money lenders, on the one hand, and absence of an effective and sensitive civil administration, on the other;</li>
<li>Large-scale displacement of tribal people for development projects;</li>
<li>Occurrence of all of the above despite the special Constitutional and legal provisions for the tribal people (in the form of the Fifth Schedule, laws to prevent alienation of tribal land and restoration of alienated lands, and in recent years, progressive legislations, such as PESA, 1996 and FRA, 2006).</li>
</ul>
</li>
<li>3 Perspectives through which LWE in the region is viewed:
<ul style="list-style-type: circle;">
<li>The first view sees it primarily as a <strong>national security problem</strong> to be addressed militarily. This approach will result in the further alienation of tribal communities, widen the trust deficit between the State and the people, and strengthen the Maoists.</li>
<li>The second perspective notes the <strong>overlap between Maoist strongholds and tribal areas</strong> with dismal development indices and views more development as the only solution.</li>
<li>The third, a combination of the above two, <strong>combines a military approach to secure the area with a focus on establishment</strong> of better public infrastructure.</li>
</ul>
</li>
<li>However, there should be <strong>a fourth perspective</strong> based on the explicit recognition that there has been <strong>subversion of the law by both government and corporations in order to appropriate tribal resources,</strong> and that this situation needs to be rectified.
<ul style="list-style-type: circle;">
<li>It acknowledges that <strong>State failures</strong> and the <strong>trust deficit</strong> have facilitated the entry of the Maoists into these areas and helped them gain some support among the people, particularly Dalits and adivasis.</li>
<li>Any solution, therefore, should <strong>begin with confidence-building measures</strong> through the redress of past wrongs and the guarantee of justice.</li>
</ul>
</li>
</ul>
<p>The Committee formulated thematic sections based on various socio-economic parameters:</p>
<ol>
<li>Geographical and Demographic Profile</li>
<li>Tribes: Legal and Administrative Framework</li>
<li>Livelihoods and Employment Status</li>
<li>Education</li>
<li>Health</li>
<li>Land Alienation, Displacement and Enforced Migration</li>
<li>Legal and Constitutional Issues</li>
<li>Delivery of Public Goods and Services</li>
</ol>
<h2>1. Geographical and Demographic Profile</h2>
<ul style="list-style-type: square;">
<li><strong>Census of 2011:</strong> Total population of Scheduled Tribes is 10,42,81,034 persons, constituting 8.6 per cent of the population of India.</li>
<li><strong>Draft National Tribal Policy, 2006</strong> records<strong> 698 Scheduled Tribes</strong> in India. As per the <strong>Census of India 2011,</strong> the number of individual groups notified as Scheduled Tribes is 705.</li>
<li>The five broad regional groupings of tribes: <strong>Himalayan Region</strong> (a) North-eastern Himalayan region, (b) Central Himalayan region, and (c) North-Western Himalayan region), <strong>Middle Region&nbsp;</strong>(Bihar, Jharkhand, West Bengal, Odisha, Madhya Pradesh, and Chhattisgarh where more than 55 per cent tribal people of India live), <strong>Western Region&nbsp;</strong>(Rajasthan, Gujarat, Maharashtra, Goa, Dadra and Nagar Haveli), <strong>Southern region&nbsp;</strong>(Andhra Pradesh, Tamil Nadu, Karnataka and Kerala), <strong>Island Region&nbsp;</strong>(Andaman and Nicobar in the Bay of Bengal and Lakshadweep in the Arabian Sea).</li>
<li><strong>Northeast</strong> is often viewed as a singular and homogeneous entity, the region is highly diverse with over 200 tribes and sub-tribes, each of which have their own language, culture and political structures.
<ul style="list-style-type: circle;">
<li>Northeast differs from tribes in other parts of India, particularly in terms of their <strong>historical relationship with the colonial and Indian State</strong>.</li>
</ul>
</li>
<li>The Islands are administered as a Union Territory under the Central Government and are home to some of the smallest tribes such as the Great Andamanese, Onge, Jarawa and the Sentinelese.</li>
<li><strong>Language:</strong>
<ul style="list-style-type: circle;">
<li><strong>Indo-European</strong>-only a little over one per cent of tribal population speak languages of this family, the Bhil and Halbi tribes being the two main groups among them.</li>
<li><strong>Dravidian family</strong> languages are spoken by tribes such as the Gond, Khond, Koya, Oraon, and Toda.</li>
<li><strong>Tibeto-Burman</strong> languages are spoken by the tribes of the Himalayas and Northeast India.</li>
<li><strong>Austro-Asiatic</strong> family of languages is spoken only by tribals in the country like the Santhal, Munda, and Ho.</li>
</ul>
</li>
<li>Scheduled Tribes communities live in about 15% of the country&rsquo;s area.</li>
<li>Over 80% of Scheduled Tribes work in the primary sector against 53% of the general population.</li>
<li>The sex ratio among the Scheduled Tribes is 991 females to every 1000 males in rural areas and 980 females to every 1000 males in urban areas, the average being 990.</li>
<li>Regarding the distribution of ST population by States, Madhya Pradesh stands first with 14.7%, followed by Maharashtra (10.1%), Odisha (9.2%), Rajasthan (8.9%), Gujarat (8.6%), Jharkhand (8.3%), Chhattisgarh (7.5%), Andhra Pradesh (5.7%), West Bengal (5.1%), Karnataka (4.1%), Assam (3.7%), Meghalaya (2.5%), and the remaining States represent 11.6% of the tribal population.</li>
<li>Proportion of ST population in the rural areas is 11.3% and in urban areas is 2.8%.</li>
<li><strong>Particularly Vulnerable Tribal Groups (PVTGs)</strong>
<ul style="list-style-type: circle;">
<li>PVTG (earlier: Primitive tribal group) is a government of India classification created with the purpose of enabling improvement in the conditions of certain communities with particularly low development indices.</li>
<li>This was created based on the <strong>Dhebar Commission report</strong> (1960, it stated that within Scheduled Tribes there existed an inequality in the rate of development.)</li>
<li>The features of such a group include a <strong>pre-agricultural system of existence,</strong> which practices hunting and gathering, zero or negative population growth, extremely low level of literacy in comparison with other tribal groups.</li>
<li>PVTGs with population of less than a 1000 persons are: Birjia (Bihar), Sentinelese, Great Andamanese, Onge,Birhor (Madhya Pradesh), Asur (Bihar), Mankidias (Odisha), Jarawa, Cholanaicken (Kerala), Shompen,Birhor (Bihar), Savar (Bihar), Raji (Uttarakhand), Sauria Paharia (Bihar), Birhor (Odisha), Korwa (Bihar), Todas (Tamil Nadu), Kota (Tamil Nadu), Raji (Uttar Pradesh).</li>
</ul>
</li>
<li><strong>Forest Survey of India, 2011:</strong> The total forest cover in the country is 692, 027 sq. km., 21.05 per cent of the total geographical area.
<ul style="list-style-type: circle;">
<li>Integrated Tribal Development Programme (ITDP) covers about 411, 881 sq. Km. Therefore, almost 60 per cent of the forest cover of the country is found in tribal areas.</li>
<li>However, much of this forest was classified as <strong>Reserved Forests</strong> and <strong>Protected Forests</strong> as well as <strong>Wildlife Sanctuaries and National Parks,</strong> resulting in the marginalisation of tribal communities who were treated as encroachers on this land prior to the passing of the <strong>Forest Rights Act, 2006</strong>.</li>
</ul>
</li>
<li><strong>With regard to mineral resources,</strong> three States with substantial tribal populations &ndash; Odisha, Chhattisgarh and Jharkhand - have considerable mineral reserves (Coal-70%, Iron ore-80%, Bauxite-60%, Chromites near 100%)
<ul style="list-style-type: circle;">
<li>Centre for Science and Environment: about half of the top mineral-producing districts are tribal districts.</li>
</ul>
</li>
<li><strong>Dams:</strong> About 40 per cent of those displaced by dam-building belong to the Scheduled Tribes. Scheduled Tribes constitute about eight per cent of the country&rsquo;s population; they are clearly disproportionately represented in the number of displaced persons.</li>
<li><strong>Conflicts affecting tribal populations:</strong>
<ul style="list-style-type: circle;">
<li>Armed conflict between the <strong>Communist Party of India (Maoist)</strong> and the Indian state, which is ongoing in parts of the states of Maharashtra, Andhra Pradesh, Madhya Pradesh, Chhattisgarh, Jharkhand, Bihar, Odisha and West Bengal, among others.</li>
<li>The conflict has only escalated in recent years, particularly in central India, following the initiation by the state of a counter-insurgency operation known as the <strong>Salwa Judum</strong> in Chhattisgarh which has been responsible for rapes, murders, arson, looting and intimidation in the name of defeating the Maoists.</li>
<li><strong>Northeast:</strong> There are conflicts between the State and tribal groups, between different tribes, and between tribes and non-tribal groups &ndash; although the State is involved in all of these conflicts.</li>
<li><strong>Armed Forces (Special Powers) Act, 1958</strong> is in operation in the states of Manipur, Assam and Nagaland as well as parts of Tripura and Arunachal Pradesh.
<ul style="list-style-type: disc;">
<li>This Act gives considerable powers to the armed forces to arrest and search without warrant as well as shoot to kill on mere suspicion, once an area has been declared as 'disturbed'.</li>
<li>Many cases of extra-judicial killings, rapes and harassment by armed forces have been reported in these States.</li>
</ul>
</li>
</ul>
</li>
</ul>
<h2>2. Tribes: Legal and Administrative Framework</h2>
<h3>Scheduled Areas</h3>
<ul style="list-style-type: square;">
<li><strong>Tribal rebellions in the nineteenth century,</strong> the British became convinced of the vulnerability of tribal populations in the form of various 'outsiders' and assumed the role of <strong>paternalist protectors</strong> of tribals against the non-tribal exploiters. British policy advocated protection of these areas through exclusion from the operation of general laws.</li>
<li><strong>Regulation XIII of 1833:</strong> It introduced a system of administration in Singhbhum area. These areas came to be known as <strong>Non-Regulation Provinces</strong> and were to be governed by <strong>special rules for civil and criminal justice, collection of land revenue, and so on</strong>.</li>
<li>In the Northeast region, the British put in force <strong>the Inner Line Regulation in 1873,</strong> as the point beyond which general laws for the colony would not be applicable and entry of <strong>subjects living outside the area was strictly prohibited</strong>.</li>
<li>Government of India Act, 1919, Governor General was exclusively responsible for law and administration and could act through local officials.</li>
<li><strong>The Government of India Act, 1935,</strong> the Governor could determine policy directly or through his agents in the tribal areas.</li>
<li>In the post-1947 period, however, this feature was altered vis-&agrave;-vis the Fifth Schedule areas since now all Central and State laws would automatically apply to tribal areas unless the Governor took the decision to prevent application or modify/amend the legislation in keeping with the circumstances of the Scheduled Areas.</li>
<li><strong>Scheduled Areas</strong> (under the Fifth Schedule of the Constitution) is &ldquo;such areas as the <strong>President may by order declare</strong> to be Scheduled Areas&rdquo;.</li>
<li>At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Schedule Areas.</li>
</ul>
<h3>5th Schedule</h3>
<ul style="list-style-type: square;">
<li><strong>Fifth Schedule</strong> contains provisions relating to the administration of Scheduled Areas.</li>
<li>Areas can be designated Scheduled Areas on the order of the President.</li>
<li>Part B of the Fifth Schedule provides for the creation of a <strong>Tribes Advisory Council (TAC)</strong> in each State having Scheduled Areas. The duty of the TAC is to advise on matters pertaining to the &ldquo;welfare and advancement&rdquo; of the Scheduled Tribes &ldquo;as may be referred to them by the Governor&rdquo;. <strong>Shortcomings of TAC:</strong>
<ul style="list-style-type: circle;">
<li>The TACs can only discuss and make recommendations on those issues which are referred to it by the Governor.</li>
<li>It functions only in an advisory capacity and has no power of implementation.</li>
<li>The Councils are not accountable to the tribal population given that they are appointed by the Governor or the State Government.</li>
</ul>
</li>
<li>Fifth Schedule accorded far greater autonomy to tribal areas, but Tribes Advisory Council remained a mere consultancy body rather than an autonomous decision-making body.</li>
<li><strong>Unlike the Sixth Schedule</strong> wherein <strong>Autonomous District Councils</strong> have been given significant legislative, judicial and executive powers on several important matters, the Fifth Schedule places the governance of tribal areas in &lsquo;mainland&rsquo; India largely in the hands of the Governor.</li>
<li>It is the State Governments rather than the Governor which have framed the rules regarding TAC functioning which has led to the <strong>near complete usurpation of these bodies by the political parties in power</strong>.</li>
<li>Governor&rsquo;s reports is not covering issues of <strong>displacement and rehabilitation,</strong> law and order problem, tribal protests, <strong>atrocities against tribes,</strong> and so on. The reports do not offer an independent assessment of the policies of the State Governments vis-&agrave;-vis Scheduled Areas.</li>
<li>There are a large number of States wherein tribes form a sizeable population in blocks or villages, for example, in States like West Bengal, Kerala, Tamil Nadu, Karnataka, Goa, etc. Tribal areas in these States are kept <strong>out of the ambit of Scheduled Areas</strong>.</li>
</ul>
<h3>Difference between 5th and 6th Schedules of Indian Constitution</h3>
<ul style="list-style-type: square;">
<li>The 5th schedule designates Schedule areas in <strong>large parts of India</strong> in which the interests of the Scheduled Tribes are to be protected. The Scheduled area has more than 50 percent tribal population.</li>
<li>The 6th schedule is related to administration of north-eastern states- Assam, Meghalaya, Tripura, and Mizoram.</li>
</ul>
<h3>6th Schedule</h3>
<ul style="list-style-type: square;">
<li><strong>Northeast India,</strong> home to numerous diverse ethnic groups and located strategically with borders with Bhutan, China, Myanmar and Bangladesh.</li>
<li>Historically, tribes of Northeast India have seen &ldquo;isolationist&rdquo; policies of the colonial British who labelled many hilly tribal tracts of the Northeast as &ldquo;wholly excluded&rdquo; areas.</li>
<li>In 1929, Nagas submitted a petition to the Simon Commission, asking for autonomy from the future Indian nation-state.</li>
<li>Khasis and the Mizos called for self-governance on issues such as customary laws, control over resources and so on, while also demanding separation from the larger State of Assam.</li>
<li>The British philosophy of maintaining status quo and <strong>isolation was replaced by policies of development and integration</strong> of the Northeast through the <strong>Sixth Schedule of the Constitution</strong>.</li>
<li>The Sixth Schedule provides for the creation of <strong>Autonomous District and Regional Councils</strong> and accords a host of legislative, executive and judicial powers to these autonomous bodies.</li>
<li>It (6th Schedule) <strong>applies to certain tribal areas of the States of Assam, Meghalaya, Tripura and Mizoram</strong>.</li>
<li>Apart from the Sixth Schedule, there are other constitutional provisions in the Northeast such as <strong>Article 371-A (Nagaland), Article 371-C (Manipur), Article 371- G (Mizoram)</strong>.</li>
<li>Two types of Autonomous District Councils: (1) <strong>set up under the Sixth Schedule, (2) &amp; established by various Acts of the State Legislative Assembly</strong>.
<ul style="list-style-type: circle;">
<li>Autonomous District Council
<ul style="list-style-type: disc;">
<li>Assam: Dima Hasao, Karbi Anglong, Bodoland under 6th schedule.</li>
<li>Entire State of Meghalaya except Shillong area is covered under the provisions of the Sixth Schedule- Khasi Hills, Garo Hills, Jaintia Hills.</li>
<li>Mizoram: Chakma, Mara, Lai</li>
<li>Tripura: Tribal Areas Autonomous District Council</li>
</ul>
</li>
<li>Established by Acts-Assam(6), Manipur(6)</li>
<li><strong>Outside North-eastern India -</strong> Leh Autonomous Hill Development Council, Kargil Autonomous Hill Development Council, Darjeeling Gorkha Hill Council.</li>
</ul>
</li>
</ul>
<table border="1" style="border-collapse: collapse; background-color: #f7e3c1;">
<tbody>
<tr>
<td style="width: 263px; background-color: #f5ae33;"><span style="color: #ffffff;"><strong>State</strong></span></td>
<td style="width: 993px; background-color: #f5ae33;"><span style="color: #ffffff;"><strong>Legal and administrative structure</strong></span></td>
</tr>
<tr>
<td style="width: 263px;">Arunachal Pradesh</td>
<td style="width: 993px;">Article 371H. No Autonomous Councils, Panchayati Raj Institutions</td>
</tr>
<tr>
<td style="width: 263px;">Assam</td>
<td style="width: 993px;">Sixth Schedule, Article 371B. Three Autonomous Councils</td>
</tr>
<tr>
<td style="width: 263px;">Manipur</td>
<td style="width: 993px;">Article 371C, Manipur Hill Village Authority Act and Manipur Hill Areas District Council</td>
</tr>
<tr>
<td style="width: 263px;">Mizoram</td>
<td style="width: 993px;">Sixth Schedule, Article 371G, Three Autonomous</td>
</tr>
</tbody>
</table>
<ul style="list-style-type: square;">
<li>Assessment of the Autonomous District Councils under Sixth Schedule
<ul style="list-style-type: circle;">
<li>The State Governments has held the view that that these Councils ought to stick to their traditional role, which is to protect tribal culture, land and identity and refrain from engaging in developmental activities.</li>
<li>In many cases, State Governments have deliberately impeded the functioning of the Councils, particularly through blocking the flow of funds to them.</li>
<li>Powers given to the Councils to make legislation and implement development programmes have not been matched with the financial autonomy.</li>
<li>All the activities and departments under the control of the Councils as per the provisions of the Sixth Schedule have not yet been transferred to them and neither have parallel institutions such as the District Rural Development Agencies (DRDA).</li>
<li>There is also no mandatory time limit for the reconstitution of the ADC once it is dissolved, and hence election is indefinitely postponed.</li>
<li>73rd Amendment to the Constitution provides for the reservation of one-third of all Panchayats seats at all levels for women, the Councils, unlike Panchayats, do not have any provision for such reservation.</li>
<li>The demographic change is no longer reflected in the representative structure of the ADCs. Unless reviewed comprehensively, the Sixth Schedule could become one of the chief sources of future conflicts in the region.</li>
<li>Autonomous Councils must be covered under State Finance Commission that is empowered to review periodically the financial position and lay down appropriate principles of resource distribution between State and the Autonomous Council. Funding should not be left to arbitrary discretion of the State Governments.</li>
</ul>
</li>
</ul>
<h3>De-notified, Nomadic and Semi-Nomadic Tribes</h3>
<ul style="list-style-type: square;">
<li><strong>Criminal Tribes Acts (CTA) of 1871:</strong> About 200 communities were deemed to be &lsquo;hereditary criminals&rsquo; and subject to surveillance, confinement and gross discrimination. It was in light of the then <strong>prevailing notion that crime was a genetic trait</strong> passed down from one generation to the next.</li>
<li>The CTA was removed from the statute books in 1952 on the recommendation of the All India Criminal Tribes Inquiry Committee (1949) and henceforth, &lsquo;Criminal Tribes&rsquo; came to be known <strong>as 'De-notified Tribes' instead</strong>.</li>
<li>Nomadic and semi-nomadic communities practice a range of occupations-pastoralists and hunter-gatherers, mainly shepherds, cowherds and hunters of small game, entertainers including dancers, acrobats, snake charmers, monkey trainers.</li>
</ul>
<h3>Particularly Vulnerable Tribal Groups (PVTGs)</h3>
<ul style="list-style-type: square;">
<li>Certain tribes have been characterised as Particularly Vulnerable Tribal Groups (PVTGs) (earlier known as Primitive Tribal Groups) on the basis of their greater &rsquo;vulnerability&rsquo; even among the tribal groups.</li>
<li>PVTGs, currently including 75 tribal groups have been identified as such on the basis of the following criteria: forest-dependent livelihoods, pre-agricultural level of existence, stagnant or declining population.</li>
<li>As per the 2001 census, these 75 PVTGs had a total population of 27,68,322.</li>
<li>The groups most under threat have been identified as the Shompens, Sentinelese and Jarawas of the Andaman Islands; the Bondos of Odisha; Cholanaickans of Kerala; Abujh Marias of Chhattisgarh and Birhors of Jharkhand.</li>
<li>All tribes in the list of PVTGs have not been granted Scheduled Tribe (ST) status.</li>
<li>States with PVTGs, Kerala, Karnataka, Tamil Nadu, Uttar Pradesh and West Bengal do not have Scheduled Areas, thereby increasing the vulnerability of these tribes, who lack the protections and rights offered by the Fifth Schedule and the Provisions of Panchayat (Extension to Scheduled Areas) Act, 1996.</li>
<li>Habitat rights for PVTGs as guaranteed by the Forest Rights Act must be granted to them and definitional as well as procedural ambiguities must be cleared up.</li>
</ul>
<h2>3. Livelihoods and Employment Status</h2>
<ul style="list-style-type: square;">
<li>Traditionally, the tribes in India pursued an economy, which was closer to nature, and used indigenous technology. This is reflected in their dependence on forests and other natural resources available in their habitat.</li>
<li>While some tribal communities have adopted a way of life, similar to the neighbouring non-tribal communities</li>
<li>In Traditional tribal economy, livelihoods of tribal groups are characterized by (a) forest-based livelihoods, (b) pre-agriculture level of technology, (c) a stagnant or declining population (d) extremely low literacy and (e) a subsistence level of economy.</li>
<li>In the pre-independence period, tribes from Jharkhand, Odisha and Chhattisgarh, such as <strong>the Munda, the Oraon, the Santhal and others had migrated to the sprawling tea gardens</strong> of Assam as indentured labour. In post- independence era, they are not included in the list of Scheduled Tribes in Assam.</li>
<li>Anthropological Survey of India:
<ul style="list-style-type: circle;">
<li>Communities practicing hunting and gathering have declined by 24.08 percent, as forests have disappeared and wildlife has diminished.</li>
<li>There is a sharp rise in the number of Scheduled Tribes employed in Government and private services, self-employment, etc.</li>
</ul>
</li>
<li><strong>Land Ownership:</strong> Household Ownership Holdings (HOH) through the 59th round of survey by the NSSO, average area owned per household in India is 0.563 hectare; it is 0.708 for Scheduled Tribes.</li>
<li><strong>44.98 percent of households have bank accounts</strong> thus availing banking services, whereas 58.7 percent of all households have the same facility.</li>
<li>Work Force Participation:
<ul style="list-style-type: circle;">
<li><strong>Worker Population Ratios</strong> (WPRs &ndash; Worker population ratio is defined as the number of persons employed per thousand persons.)</li>
<li>As per NSSO (2012), in 2004-05 and 2009-10, the rural male Scheduled Tribes have WPR of 56.2 percent and 55.9 percent as against 54.6 percent and 54.7 percent respectively for all groups.</li>
<li><strong>Labour Force Participation Rate</strong> (LFPR- is defined as the number of persons in the labour force per 1000 persons. Any person who is working or is available for/seeking work will be considered part of the &lsquo;labour force&rsquo;.)</li>
<li>As per Third Annual Employment &amp; Unemployment Survey (2012-13), Labour Bureau, Ministry of Labour&amp; Employment, LFPR at all India level is highest among Scheduled Tribes with 56.7 percent, and it is lowest among overall category with 50.9 percent.</li>
<li><strong>The female LFPR</strong> is highest in case of Scheduled Tribes with 33.6 percent compared to the all India average of 22.6 percent.</li>
<li>Unemployment Rates:
<ul style="list-style-type: disc;">
<li>Unemployment rates (UR-number of unemployed per 1000 in the labour force) and proportional Unemployment rates (PU-number of unemployed per 1000 in total population).</li>
<li>As per NSSO (2012), As per NSSO (2012), UR (17) and PU (10) for male &amp; UR (9) and PU (3) for female in 2009-10.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Income: As per India Human Development Survey (IHDS), 2004-05,</strong> ST households have the lowest annual income of Rs. 32,345 compared to general population (Rs. 72717).</li>
<li><strong>Poverty: Panagariya and More</strong> computed the estimates of the poverty rates as the <strong>percentages of population below the Tendulkar poverty line</strong> in rural and urban regions and in the combined areas (Rural + Urban), for Scheduled Tribes. As per 2011-12 census, 45.3% of tribal population is still below poverty line.</li>
</ul>
<table border="1" style="border-collapse: collapse; background-color: #b5def7;">
<tbody>
<tr style="height: 19px;">
<td style="width: 702px; height: 19px; text-align: center; vertical-align: top; background-color: #00a4eb;" colspan="9"><span style="color: #ffffff;"><strong>Poverty by Social Groups, 1993-94 to 2011-12 in All-India &ndash; Rural, Urban and Combined</strong></span></td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; height: 19px; vertical-align: top; background-color: #c1e7f7;"><strong>Social Groups</strong></td>
<td style="width: 118px; height: 38px; vertical-align: top; background-color: #c1e7f7;" rowspan="2"><strong>Percent of Share in Propulation</strong></td>
<td style="width: 168px; height: 38px; vertical-align: top; background-color: #c1e7f7;" rowspan="2"><strong>Regions</strong></td>
<td style="width: 240px; height: 19px; vertical-align: top; background-color: #c1e7f7; text-align: left;" colspan="4"><strong>Percent of Population Below the<br />Tendulkar Line</strong></td>
<td style="width: 138px; height: 19px; vertical-align: top; background-color: #c1e7f7; text-align: left;" colspan="2"><strong>Percent Point Poverty Reduction</strong></td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; height: 19px; vertical-align: top; background-color: #c1e7f7;"></td>
<td style="width: 74px; height: 19px; vertical-align: top; background-color: #c1e7f7;"><strong>1993-94</strong></td>
<td style="width: 57px; height: 19px; vertical-align: top; background-color: #c1e7f7;"><strong>2004-05</strong></td>
<td style="width: 56px; height: 19px; vertical-align: top; background-color: #c1e7f7;"><strong>2009-10</strong></td>
<td style="width: 53px; height: 19px; vertical-align: top; background-color: #c1e7f7;"><strong>2011-12</strong></td>
<td style="width: 71px; height: 19px; vertical-align: top; background-color: #c1e7f7;"><strong>1993-94 to 2004-05</strong></td>
<td style="width: 67px; height: 19px; vertical-align: top; background-color: #c1e7f7;"><strong>2004-05 to 2011-12</strong></td>
</tr>
<tr style="height: 19px;">
<td style="height: 19px; vertical-align: top; text-align: center; width: 156px; background-color: #c1e7f7;" colspan="2"></td>
<td style="vertical-align: top; width: 168px; height: 19px; text-align: left; background-color: #c1e7f7;">Rural</td>
<td style="vertical-align: top; text-align: center; width: 378px; height: 19px; background-color: #c1e7f7;" colspan="6"></td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; height: 19px; vertical-align: top; background-color: #c1e7f7;">ST</td>
<td style="width: 118px; height: 19px; vertical-align: top; background-color: #c1e7f7;">11.1</td>
<td style="width: 168px; height: 19px; vertical-align: top; text-align: left; background-color: #c1e7f7;"></td>
<td style="width: 74px; height: 19px; vertical-align: top; background-color: #c1e7f7;">65.9</td>
<td style="width: 57px; height: 19px; vertical-align: top; background-color: #c1e7f7;">62.3</td>
<td style="width: 56px; height: 19px; vertical-align: top; background-color: #c1e7f7;">47.4</td>
<td style="width: 53px; height: 19px; vertical-align: top; background-color: #c1e7f7;">45.3</td>
<td style="width: 71px; height: 19px; vertical-align: top; background-color: #c1e7f7;">3.7</td>
<td style="width: 67px; height: 19px; vertical-align: top; background-color: #c1e7f7;">16.9</td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; height: 19px; vertical-align: top; background-color: #c1e7f7;">FC</td>
<td style="width: 118px; height: 19px; vertical-align: top; background-color: #c1e7f7;">23.0</td>
<td style="width: 168px; height: 19px; vertical-align: top; text-align: left; background-color: #c1e7f7;"></td>
<td style="width: 74px; height: 19px; vertical-align: top; background-color: #c1e7f7;">44.0</td>
<td style="width: 57px; height: 19px; vertical-align: top; background-color: #c1e7f7;">27.1</td>
<td style="width: 56px; height: 19px; vertical-align: top; background-color: #c1e7f7;">21.0</td>
<td style="width: 53px; height: 19px; vertical-align: top; background-color: #c1e7f7;">15.5</td>
<td style="width: 71px; height: 19px; vertical-align: top; background-color: #c1e7f7;">9.0*</td>
<td style="width: 67px; height: 19px; vertical-align: top; background-color: #c1e7f7;">11.6</td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; height: 19px; vertical-align: top; background-color: #c1e7f7;">All</td>
<td style="width: 118px; height: 19px; vertical-align: top; background-color: #c1e7f7;">100.0</td>
<td style="width: 168px; height: 19px; vertical-align: top; text-align: left; background-color: #c1e7f7;"></td>
<td style="width: 74px; height: 19px; vertical-align: top; background-color: #c1e7f7;">50.3</td>
<td style="width: 57px; height: 19px; vertical-align: top; background-color: #c1e7f7;">41.8</td>
<td style="width: 56px; height: 19px; vertical-align: top; background-color: #c1e7f7;">33.3</td>
<td style="width: 53px; height: 19px; vertical-align: top; background-color: #c1e7f7;">25.4</td>
<td style="width: 71px; height: 19px; vertical-align: top; background-color: #c1e7f7;">8.5</td>
<td style="width: 67px; height: 19px; vertical-align: top; background-color: #c1e7f7;">16.4</td>
</tr>
<tr style="height: 19px;">
<td style="height: 19px; vertical-align: top; text-align: center; width: 156px; background-color: #c1e7f7;" colspan="2"></td>
<td style="vertical-align: top; width: 168px; height: 19px; text-align: left; background-color: #c1e7f7;">Urban</td>
<td style="vertical-align: top; text-align: center; width: 378px; height: 19px; background-color: #c1e7f7;" colspan="6"></td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; height: 19px; vertical-align: top; background-color: #c1e7f7;">ST</td>
<td style="width: 118px; height: 19px; vertical-align: top; background-color: #c1e7f7;">3.5</td>
<td style="width: 168px; height: 19px; vertical-align: top; text-align: left; background-color: #c1e7f7;"></td>
<td style="width: 74px; height: 19px; vertical-align: top; background-color: #c1e7f7;">41.1</td>
<td style="width: 57px; height: 19px; vertical-align: top; background-color: #c1e7f7;">35.5</td>
<td style="width: 56px; height: 19px; vertical-align: top; background-color: #c1e7f7;">30.4</td>
<td style="width: 53px; height: 19px; vertical-align: top; background-color: #c1e7f7;">24.1</td>
<td style="width: 71px; height: 19px; vertical-align: top; background-color: #c1e7f7;">5.6</td>
<td style="width: 67px; height: 19px; vertical-align: top; background-color: #c1e7f7;">11.4</td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; height: 19px; vertical-align: top; background-color: #c1e7f7;">FC</td>
<td style="width: 118px; height: 19px; vertical-align: top; background-color: #c1e7f7;">40.3</td>
<td style="width: 168px; height: 19px; vertical-align: top; text-align: left; background-color: #c1e7f7;"></td>
<td style="width: 74px; height: 19px; vertical-align: top; background-color: #c1e7f7;">28.2</td>
<td style="width: 57px; height: 19px; vertical-align: top; background-color: #c1e7f7;">16.1</td>
<td style="width: 56px; height: 19px; vertical-align: top; background-color: #c1e7f7;">12.4</td>
<td style="width: 53px; height: 19px; vertical-align: top; background-color: #c1e7f7;">8.1</td>
<td style="width: 71px; height: 19px; vertical-align: top; background-color: #c1e7f7;">5.8*</td>
<td style="width: 67px; height: 19px; vertical-align: top; background-color: #c1e7f7;">8.0</td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; height: 19px; vertical-align: top; background-color: #c1e7f7;">All</td>
<td style="width: 118px; height: 19px; vertical-align: top; background-color: #c1e7f7;">100.0</td>
<td style="width: 168px; height: 19px; vertical-align: top; text-align: left; background-color: #c1e7f7;"></td>
<td style="width: 74px; height: 19px; vertical-align: top; background-color: #c1e7f7;">31.9</td>
<td style="width: 57px; height: 19px; vertical-align: top; background-color: #c1e7f7;">25.7</td>
<td style="width: 56px; height: 19px; vertical-align: top; background-color: #c1e7f7;">20.9</td>
<td style="width: 53px; height: 19px; vertical-align: top; background-color: #c1e7f7;">13.7</td>
<td style="width: 71px; height: 19px; vertical-align: top; background-color: #c1e7f7;">6.2</td>
<td style="width: 67px; height: 19px; vertical-align: top; background-color: #c1e7f7;">12.0</td>
</tr>
<tr style="height: 19px;">
<td style="height: 19px; vertical-align: top; text-align: center; width: 156px; background-color: #c1e7f7;" colspan="2"></td>
<td style="vertical-align: top; width: 168px; height: 19px; background-color: #c1e7f7; text-align: justify;">Combined (R + U)</td>
<td style="vertical-align: top; text-align: center; width: 378px; height: 19px; background-color: #c1e7f7;" colspan="6"></td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; height: 19px; vertical-align: top; background-color: #c1e7f7;">ST</td>
<td style="width: 118px; height: 19px; vertical-align: top; background-color: #c1e7f7;">8.9</td>
<td style="width: 168px; height: 19px; vertical-align: top; text-align: left; background-color: #c1e7f7;"></td>
<td style="width: 74px; height: 19px; vertical-align: top; background-color: #c1e7f7;">63.7</td>
<td style="width: 57px; height: 19px; vertical-align: top; background-color: #c1e7f7;">60.0</td>
<td style="width: 56px; height: 19px; vertical-align: top; background-color: #c1e7f7;">45.6</td>
<td style="width: 53px; height: 19px; vertical-align: top; background-color: #c1e7f7;">43.0</td>
<td style="width: 71px; height: 19px; vertical-align: top; background-color: #c1e7f7;">3.7</td>
<td style="width: 67px; height: 19px; vertical-align: top; background-color: #c1e7f7;">17.0</td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; height: 19px; vertical-align: top; background-color: #c1e7f7;">FC</td>
<td style="width: 118px; height: 19px; vertical-align: top; background-color: #c1e7f7;">28.0</td>
<td style="width: 168px; height: 19px; vertical-align: top; text-align: left; background-color: #c1e7f7;"></td>
<td style="width: 74px; height: 19px; vertical-align: top; background-color: #c1e7f7;">39.5</td>
<td style="width: 57px; height: 19px; vertical-align: top; background-color: #c1e7f7;">23.0</td>
<td style="width: 56px; height: 19px; vertical-align: top; background-color: #c1e7f7;">17.6</td>
<td style="width: 53px; height: 19px; vertical-align: top; background-color: #c1e7f7;">12.5</td>
<td style="width: 71px; height: 19px; vertical-align: top; background-color: #c1e7f7;">8.1*</td>
<td style="width: 67px; height: 19px; vertical-align: top; background-color: #c1e7f7;">10.5</td>
</tr>
<tr style="height: 19px;">
<td style="width: 38px; vertical-align: top; height: 19px; background-color: #c1e7f7;">All</td>
<td style="width: 118px; vertical-align: top; height: 19px; background-color: #c1e7f7;">100.0</td>
<td style="width: 168px; vertical-align: top; height: 19px; text-align: left; background-color: #c1e7f7;"></td>
<td style="width: 74px; vertical-align: top; height: 19px; background-color: #c1e7f7;">45.7</td>
<td style="width: 57px; vertical-align: top; height: 19px; background-color: #c1e7f7;">37.7</td>
<td style="width: 56px; vertical-align: top; height: 19px; background-color: #c1e7f7;">29.9</td>
<td style="width: 53px; vertical-align: top; height: 19px; background-color: #c1e7f7;">22.0</td>
<td style="width: 71px; vertical-align: top; height: 19px; background-color: #c1e7f7;">8.0</td>
<td style="width: 67px; vertical-align: top; height: 19px; background-color: #c1e7f7;">15.7</td>
</tr>
</tbody>
</table>
<p><span style="font-size: 12px;"><em>Estimated using comparable estimates of poverty among the OBC and FC combined in 2004-05, which came down to 35 percent (Rural), 22.5 percent (Urban)<br />and 31.4 percent (Rural + Urban) in 2004-05.<br /></em></span><span style="font-size: 12px;"><em>Source: Arving Panagariya and Vishal More (2013).</em></span></p>
<h3>Recommendations</h3>
<ul style="list-style-type: square;">
<li>There is a dire need to establish agro-based training institutions and related labour-intensive processing industries in tribal regions.</li>
<li>In order to make use of land available with the tribal farmers, they should be motivated to undertake organic farming and eco-forestry.</li>
<li>Micro watershed development program with people-centred participatory approach is a good method for poverty reduction.</li>
<li>Prevention of all kinds of tribal land alienation through strict enforcement of laws and restoration of alienated land to the tribal owners as per the provisions of the PESA and the confirmatory Acts by various States.</li>
<li>The newly acquired land under FRA, 2006 could be utilized in eco-forestry rather than for food grain cultivation, which could give more return to the ST farmers.</li>
<li>There is severe under-representation of STs and pending vacancies in Central Government services.</li>
<li>Therefore, the Government should follow a transparent policy with regard to jobs for STs in public sector.</li>
<li>Tribes should be encouraged to use their traditional knowledge to meet their needs by recreating their forest ecosystem and forest-based livelihood.</li>
</ul>
<h2>4. Education</h2>
<ul style="list-style-type: square;">
<li>The colonial government depended upon the Christian missionaries to induce and educate the tribes since 1854.</li>
<li>The literacy rate of the tribals was only 3.46 per cent in 1951 owing to the British colonial educational policy, which did not care for the education of the tribal population.</li>
<li><strong>Education as a Site of Discrimination:</strong> For the tribal children, teaching-learning is not always friendly. The classrooms are not free from the <strong>traditional social prejudice</strong> against the tribal children.</li>
<li><strong>Deficient 'free' education:</strong> Government&rsquo;s failure in providing free education to tribal children is leading to provide an exploitative opportunity for private schools. They are primarily guided by commercial interests.</li>
<li>The Right of Children to Free and Compulsory Education Act, 2009:
<ul style="list-style-type: circle;">
<li>It provides for <strong>re-admission</strong> of every child, who discontinued elementary education for some reason, to a school in a class appropriate to his/her age, with the proviso of <strong>special training or additional instruction</strong> so that he/she is brought at par with others.</li>
<li>Its implementation generally and particularly in respect to the tribal child is a daunting task for the Government.</li>
<li>Putting a tribal child in the class of his appropriate age would <strong>need special attention</strong> which would be <strong>at the cost of teaching other students</strong>.</li>
</ul>
</li>
<li>Teachers and Way of Teaching Tribal Children: There <strong>is not much effort</strong> in developing <strong>curricula</strong> and devising <strong>instructional materials,</strong> keeping in mind socio-cultural milieu of the tribals.
<ul style="list-style-type: circle;">
<li><strong>The National Sample Survey-2007-08</strong> data reveals that the tribal languages listed in the Eighth Schedule, viz., Bodo, Dogri and Santhali, are educationally used merely by 0.11 per cent, 0.02 per cent and 0.01 per cent of the tribals respectively.</li>
</ul>
</li>
<li>Residential Schools and the Tribals:
<ul style="list-style-type: circle;">
<li>As a way of providing quality education to the tribals in an efficient manner, the Government has been, from the 1950s to the present policy, opening residential schools and hostels for them at central places. <strong>Ashram School, Eklavya Model School</strong> and <strong>Kasturba Gandhi Balika Vidyalaya</strong> are leading schemes under this approach.</li>
<li>They are often in the news for corruption, bad maintenance of facilities and sexual exploitation of resident girls.</li>
</ul>
</li>
<li>Educational Domain and Knowledge on Tribes:
<ul style="list-style-type: circle;">
<li>Ever since Nehru recognized tribal culture as an autonomous constituent of Indian culture, there has been effort, under the national democratic ethos, to know about the tribals and their problems.</li>
<li>Despite this policy enunciation, <strong>tribes as a subject figure insignificantly in the school curriculum</strong>. There is dearth of textbook materials and of advanced knowledge on the tribes.</li>
</ul>
</li>
<li>Contemporary Concerns in Tribal Education:
<ul style="list-style-type: circle;">
<li><strong>Incidence of High Dropout Rates:</strong> Dropout rates among the tribal students, particularly at the secondary and senior secondary stages, are very high (<strong>Statistics of School Education, 2010-11&nbsp;</strong>: 73 per cent at Class X, 84 per cent at Class XI and 86 per cent at Class XII).
<ul style="list-style-type: disc;">
<li><strong>No-detention policy,</strong> before and after the RTE Act, does not allow students from the tribal community to acquire basic skills in Three Rs (Reading, Writing and Arithmetic). This absence of background education is also a cause of dropouts.</li>
<li><strong>Long duration summer vacation</strong> happens to be critical period for mass dropouts not only in tribal areas, but also in all rural areas. Vacations are also not aligned with local festivals.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Shortage of 'Quality' Teachers:</strong> The dearth of teachers fulfilling the eligibility criteria set out under the RTE Act is an impediment to achieving the right to education in tribal areas. Owing to paucity of trained teachers, learning achievement levels of tribal students remain low.</li>
<li><strong>Language Barriers</strong> for the Tribal Students: Most of the tribal communities in India have their <strong>own mother tongue</strong>. But in most of the States, <strong>official/regional languages</strong> are used for classroom teaching and these <strong>are not understood by the tribal children</strong> at primary level of schooling.</li>
<li><strong>Education of Nomadic Tribes:</strong> Nomadic tribes are constantly mobile depending on the climate, occupations and livelihood opportunities. Therefore, these children miss out on primary level schooling.</li>
</ul>
<h3>Recommendations</h3>
<ul style="list-style-type: square;">
<li>The purpose of education anywhere, including in tribal areas, should be to provide children with an understanding of the environment and society in which they live and to endow them with the capability to earn a livelihood in the local society and, for those who have the desire and ability, in the national job market.</li>
<li>There is a need for greater gender focus and social mobilization to encourage education of girls.</li>
<li><strong>The dearth of teachers</strong> fulfilling the eligibility criteria set out under the RTE Act is an impediment to achieving the right to education in tribal areas. For addressing the current crisis of absence of teachers in tribal areas, special efforts need to be made to produce more teachers who have qualified the Teachers Ability Test.</li>
<li><strong>The policy of no-detention</strong> needs a review. When the student, teachers, or parents of the student request for retention of a child to enable him/her to acquire skills to move to the next class, he/she should be retained.</li>
<li>To address the problem of low representation of the tribals in higher education, it is necessary to refurbish primary and secondary school education through special coaching.</li>
<li>Keeping in view the difficulties of adjusting to a new cultural environment, teachers for schools in the tribal regions should be recruited locally.</li>
<li>The State Governments should develop a policy for multilingual education, so that early learning is conducted in the local language.</li>
<li>Inclusion of local culture, folklore and history in the curriculum can help in building confidence of tribal children and enhance the relevance of education in their lives.</li>
<li>The Government needs to establish well-run residential schools such as <strong>Jawahar Navodaya Vidyalayas</strong> closer to the habitations (within a radius of ten kilometres) up to Class XII.</li>
<li>In residential schools, which are often in the news for incidents of sexual abuse of students, strong mechanisms should be put in place to protect the students from abuse, neglect, exploitation and violence.</li>
<li>Schemes like <strong>Ashram School, Eklavya Model School</strong> and <strong>Kasturba Gandhi Balika Vidyalaya</strong> should be promoted at large scale.</li>
<li><strong>Involvement of community</strong> in educational interventions through the <strong>Panchayati Raj</strong> Institutions needs to be institutionalized. Information on various schemes and benefits to beneficiaries should be provided to the Gram Sabhas and Gram Panchayats, which would create transparency and increase awareness about their entitlements.</li>
<li><strong>The scope of education</strong> needs to be expanded for the purpose of scholarships and should include tribal <strong>painting, art, craft, song, music and dance</strong>&nbsp;etc.</li>
<li><strong>Regional Resource Centres</strong> in States with significant tribal populations should be established to provide training, academic and other technical support for development of pedagogic tools and education materials catering to multilingual situation.</li>
<li>It is recommended that <strong>a Tribal Chair</strong> be established by the UGC in <strong>Universities in every State comprising Fifth Schedule Areas</strong>.</li>
</ul>
<h2>5. Health</h2>
<ul style="list-style-type: square;">
<li><strong>Sex Ratio:</strong> The tribal population has shown favourable sex ratio 990 females per 1000 males as compared to 938 as general in the country (Census of India, 2011).</li>
<li><strong>Fertility:</strong> As per NFHS 3 (2005-06), the estimated Total Fertility Rate (TFR) among the Scheduled Tribe population was around 3.1 against estimate of 2.4 for the rest of the population.</li>
<li><strong>Disease Patterns:</strong> The Indian Council of Medical Research (ICMR), through its various national institutes and centers, collects data on some diseases in certain states and among some tribes.
<ul style="list-style-type: circle;">
<li>Malnutrition &ndash; Low birth weight, under-nutrition of children, lower body size of adults, anaemia, iron and vitamin A and B deficiency.</li>
<li>Maternal and child health problems &ndash; higher IMR, U5MR, neonatal mortality, acute respiratory infections, and diarrhea.</li>
<li>Communicable diseases &ndash; malaria, filaria, tuberculosis, leprosy, skin infections, sexually transmitted diseases, HIV, typhoid, cholera, diarrheal diseases, hepatitis, and viral fevers.</li>
<li>Non-communicable illnesses &ndash; hypertension, stroke, diabetes, and cancers.</li>
<li><strong>Hereditary diseases</strong> such as the Hemoglobinopathies (Sickle Cell) and G-6 PD deficiency.</li>
<li>Mental health problems &ndash; especially in the areas affected by conflicts.</li>
</ul>
</li>
</ul>
<h3>Recommendations</h3>
<ul style="list-style-type: square;">
<li>The first principle of any policy or program for tribal people is participation. Hence their views and priorities must get due place in any health care program. Committee suggests making use of three types of existing institutional mechanisms to improve the programs.
<ul style="list-style-type: circle;">
<li><strong>Tribal Health Assembly:</strong> From the Gram Sabhas at village level, upto the national level, Tribal Health Assemblies should be annually organized in which the people (at the level of village) or their representatives (at the higher levels) participate.</li>
<li><strong>Tribal Health Councils:</strong> These should be constituted by including elected representatives, NGOs, experts and government officers for the purpose of planning and monitoring of programs.
<ul style="list-style-type: disc;">
<li>Such councils should be constituted at the block or ITDP level, district, state and national level.</li>
<li>These should be empowered to shape the health plans and monitor implementation.</li>
<li>These sub-committees of Panchayat level, district level and Zilla Parishad could function as Tribal Health Councils.</li>
</ul>
</li>
<li><strong>Tribes Advisory Councils</strong> at the state level: These Councils should approve the health plans prepared by the Tribal Health Councils, and to review the performance of implementation.</li>
</ul>
</li>
<li>In view of the enormous diversity among nearly 700 tribes in India, the second principle to be followed is of area specific and tribe-sensitive local planning. The PESA provides an institutional basis for this.</li>
<li>Building their capabilities to care for their health is the long term solution far superior to a perpetual dependence.</li>
<li>To bridge the scientific knowledge gap of centuries, health care for Scheduled Areas should give paramount importance to spreading &lsquo;health literacy&rsquo; by way of mass educational methods, folk media, modern media and school curriculum.</li>
<li>Anganwadis should become the Primary Health Knowledge Centers.</li>
<li>Instead of alienating or rejecting<strong> Traditional healers and Dais,</strong> a sensitive way of <strong>including them</strong> or getting their cooperation in health care, must be explored.</li>
<li>The well-known <strong>difficulties in deploying doctors, nurses and other technical personnel from outside</strong> into Scheduled Areas have created the problem of human resources. <strong>The candidates must be local, belong to Scheduled Tribes, be fluent in local tribal dialects,</strong> be selected on merit and should be committed to serve in the local Scheduled Area for at least ten years.</li>
<li><strong>The Proposed Goals of the Tribal Health Plan</strong> should be:
<ul style="list-style-type: circle;">
<li>To attain the Millennium Development Goals (2015) on health and nutrition for the Scheduled Tribe population in India by the year 2020.</li>
<li>To bring the health, sanitation and nutrition status of the Scheduled Tribe population to the same level as that of the non-Scheduled Tribe population in the respective states by the year 2025.</li>
<li>To create the human resources necessary for provision of healthcare in Scheduled Areas, as per the norms set by the High Level Expert Group on Universal Health Coverage (2011), by the year 2025.</li>
<li>To create and make functional the institutions for participatory governance (Tribal Health Assemblies and Councils) at all levels in the Scheduled Areas by the year 2016.</li>
<li>To annually generate Tribal Health Plans at all levels by the year 2017.</li>
<li>To annually allocate and spend 8.6 percent, in proportion to the Scheduled Tribes population, of the total Health Sector Plan and Non-plan budget, plus 10 percent of the TSP for the implementation of the Tribal Health Plan.</li>
</ul>
</li>
</ul>
<h2>6. Land Alienation, Displacement and Enforced Migration</h2>
<ul style="list-style-type: square;">
<li>Tribal communities of India reside in hill areas that are rich in minerals and forest cover. Land is the basis of their socio-cultural and religious identity, livelihood and their very existence.</li>
<li>Traditionally, ownership of land was by the community and economic activity mainly agrarian, including shifting cultivation, which fostered egalitarian values which influenced their power relations and organizational system.</li>
<li>It is in this context that the <strong>devastation of lives of tribal people</strong> caused by<strong> loss of access</strong> to forest and <strong>involuntary displacement</strong> from their land has to be understood.</li>
<li><strong>Indian Forest Act, 1865 (amended 1878, 1927)</strong> for acquisition of forest lands for creation of infrastructure such as railways, accorded the State a monopolised control over forest lands for commercialization purpose.
<ul style="list-style-type: circle;">
<li>Even after independence, under its provision <strong>new rights were acquired by the State</strong> under the principle of eminent domain and cultivation by people, who are descendants of <strong>original settlers of land, was categorized as illegitimate</strong>.</li>
</ul>
</li>
<li><strong>The Development model</strong> in India is a carry forward from the pre-independence British period which was based <strong>on exploitation of natural resources</strong> and human capital for extraction and export of surplus for boosting industrial revolution in Britain.</li>
<li>The only difference is that this model of primitive accumulation is being used within the country for development of capital goods sector.</li>
<li>Despite Constitution for protection and special treatment for tribal people and other weaker groups this colonial emphasis did not change in independent India.</li>
<li><strong>Due attention</strong> and importance was not given <strong>to social costs</strong> consequently a large number of people were displaced for economic development.</li>
<li><strong>The ways in which tribal land alienation take place:</strong>
<ul style="list-style-type: circle;">
<li><strong>Schedule V</strong> of the Constitution lays down provisions for protection of land, and welfare and advancement of Scheduled Tribes.</li>
<li><strong>Sixth Schedule of the Constitution:</strong> Autonomous Districts and Autonomous Regions have powers to make laws relating to land, for the management of any forest not being a reserved forest, the inheritance of property.</li>
<li>Forest rights of tribal people were discontinued as<strong> Reserved Forests</strong> and <strong>Protected Forests</strong> were &lsquo;brought outside the scope of legal rights settlement&rsquo;.</li>
<li><strong>The Wild Life Protection Act, 1972,</strong> the <strong>Forest Conservation Act, 1980,</strong> the <strong>Tree Prevention Act and the Forest Policy, 1988,</strong> also affected tribal people.</li>
<li>'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013&rsquo; comprehensive resettlement has been legally mandated and people affected by the Project have been included. But till this new law came into being, much harm had been caused by the misuse of the concept of &lsquo;eminent domain&rsquo;.</li>
</ul>
</li>
</ul>
<h3>Recommendations</h3>
<ul style="list-style-type: square;">
<li>Serious effort is required by the State to minimize displacement. There should be a rights- based approach to comprehensive rehabilitation.</li>
<li>The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is progressive in the sense. However, the definition of 'public purpose' in the new law is very wide and will only lead to greater acquisition and displacement in Scheduled Areas.</li>
<li>Public-Private Partnership mode of acquiring land is simply a backdoor method of alienating land.</li>
<li>There is plenty of unutilized tribal land available with Central/State/PSUs, and Central/State Governments which is not being used for the purpose for which it was acquired.</li>
<li>Governments should be legally mandated to return such land to the original landowner/successors or use the same for resettlement of displaced tribals.</li>
<li>Land and water sources polluted by industrial and mining projects in tribal regions require attention and the onus for taking corrective measures.</li>
<li>There is considerable emphasis on consultation and consent of Gram Sabhas. It is essential that the State be vigilant through adequate 304 monitoring mechanisms for ensuring that consent is obtained freely.</li>
<li>Tribal people who have been displaced by conflict in Chhattisgarh and the Northeast should be rehabilitated by the State Government in their villages and provided facilities of housing, safe drinking water, health and education, skill development, electricity supply, irrigation facilities, and agricultural inputs.</li>
<li>In pursuance of the PESA, 1996, Land Transfer Regulations/Tenancy laws of all Schedule V Areas should be suitably amended to ensure Gram Sabha participation in the identification, investigation and restoration of lands to tribal people.</li>
</ul>
<h2>7. Legal and Constitutional Issues</h2>
<h3>Forest Rights Act 2006</h3>
<ul style="list-style-type: square;">
<li><strong>The Indian Forest Act, 1927</strong> and its predecessor Act of 1878 vested control over the forest resources in the state. Forest area covers 23 percent of land mass and over the years, forest communities have been treated as encroachers and their activities in forest areas as &lsquo;forest offences&rsquo;.</li>
<li>The enactment of the FRA has been a very important move in taking away the burden of illegality from the shoulders of tribals, and forest dwelling and dependent communities.</li>
<li>The FRA stipulates that forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers (OTFDs) are not to be evicted or removed from forest land under their occupation till the process of recognition and verification of their rights is complete. <strong>Forest Rights Committee (FRC)</strong> at the grassroots level found that this provision of the Act has been violated.</li>
</ul>
<h3>Panchayats (Extension to Scheduled Areas) Act 1996</h3>
<ul style="list-style-type: square;">
<li>Gram Sabhas consultations have to be merely &lsquo;considered&rsquo; by government officials when deciding land acquisition proposals.</li>
<li><strong>Forged and manipulated Gram Sabha resolutions,</strong> lack of consent before land acquisition and other grave issues still persist in the implementation of the PESA.</li>
</ul>
<h3>Particularly Vulnerable Tribal Groups (PVTGs)</h3>
<ul style="list-style-type: square;">
<li><strong>The Right to Food Commissioner&rsquo;s Report identifies</strong> Particularly Vulnerable Tribal Groups (PVTGs) as most susceptible to malnutrition. The report acknowledges that these communities <strong>derive their nutrition from the forest and habitat they live in</strong>. Tribals are <strong>denied access to the forest and its produce,</strong> often due to persistent lobbying <strong>by conservationists and environmentalists</strong>.</li>
</ul>
<h3>Use of criminal law in tribal areas</h3>
<ul style="list-style-type: square;">
<li>Land acquisition, displacement and the <strong>commencement of project work without settling issues</strong> that arise in the context of the project have given rise to various forms of protest and resistance. Local people complained that <strong>when they raised their voices against a project proposal</strong> that was brought to them, they invariably <strong>found themselves charged with criminal cases</strong>.</li>
</ul>
<h3>Salwa Judum</h3>
<ul style="list-style-type: square;">
<li><strong>Salwa Judum,</strong> translated variously as peace march, or as purification hunt, was a government initiative in Bastar region. It was set up in 2005, to counter the naxalites presence in the area. Its mainstay was the SPOs (Special Police Officers) who were local tribal youth, some as young as 16 years, who were recruited, paid a stipend, armed and handed the task of fighting the naxalites. What resulted was a civil strife which displaced whole villages, rapes, excesses of power, murders and the burning of houses.</li>
</ul>
<h3>Niyamgiri experience</h3>
<ul style="list-style-type: square;">
<li>Niyamgiri hills are inhabited by the Dongria Khond, a Particularly Vulnerable Tribal Group. The Dongria Khonds opposed the mining of bauxite by Vedanta Aluminium Ltd., the Supreme Court directed, on 18th April, 2013, that the Gram Sabha needed to consider the rights that were being affected by the proposed mining.</li>
<li>The proposed mining was unequivocally rejected by all Gram Sabhas.</li>
</ul>
<h3>Matters of migration and exploitative labour</h3>
<ul style="list-style-type: square;">
<li>There has been a significant increase in urban tribal population, during 2001-11, which is a pointer to their &lsquo;push&rsquo; migration resulting in exploitation as bonded labour.</li>
</ul>
<h3>Recommendations</h3>
<ul style="list-style-type: square;">
<li>There is an urgent need for <strong>extending the pattern of the Sixth Schedule</strong> in the form of Autonomous Councils in the Fifth Schedule areas as has been provided for in the Provisions of <strong>Panchayat</strong> (Extension to Scheduled Areas) Act, 1996.</li>
<li>The past twenty years have been dramatic in the changes in the economy in terms of liberalisation &amp; privatisation, and in the effect that economic policy has had on tribal communities. PESA Act, 1996 and the Forest Rights Act, 2006, have been enacted which recognize autonomy and rights of tribal communities.</li>
<li>The implementation of these laws is, however, reluctant. There is needed to strengthen the institutional system to support the process of implementation, including strengthening of the Gram Sabhas.</li>
<li>Given the close relationship between forests, forest produce and women&rsquo;s lives, representation of women in Gram Sabha as per FRA Act must be implemented.</li>
<li>Government officials who were the agencies to prevent tribal loss of land are increasingly being seen to be negotiators on behalf of project authorities. This must be stopped.</li>
<li>There have been recorded cases of Gram Sabha consent being fraudulently obtained or forged; such conduct must face penalties, and projects that proceed on the basis of consent so obtained cannot be allowed to proceed.</li>
<li>Article 243-ZC of Constitution; provide provision for the creation of new Nagar Palikas in Fifth Schedule areas and tribal areas. Implementation must be preceded by a law made by Parliament, which sets out the exceptions and modifications to suit local conditions of tribal area.</li>
<li>The amendments proposed to PESA with prior informed consent, is necessary for the effective implementation of PESA.</li>
<li>With proliferation of MoUs between states and companies that imposes responsibility on the state to facilitate environmental and forest clearances, it takes away the neutrality of the state. Such MoUs must be to be reviewed.</li>
<li>Public policy and practice must be drafted base on the experience of Niyamgiri, and the adverse lessons from the Salwa Judum.</li>
<li>The criminal law is being used as a tool of the state to suppress dissent. Judicial Commission needs to be appointed to investigate cases filed against tribals and their supporters. Only, this will satisfy the concerns that have risen about the misuse of criminal law by the state.</li>
<li><strong>De-notified Tribes</strong> have been asking that steps be taken to remove stigma and prejudice from their lives. Criminal Tribes Act of 1871 was repealed in 1952 and the Habitual Offenders Act was enacted in its place. Tribes continue to be stigmatised under the Habitual Offenders. Habitual Offenders Act must be repealed and rehabilitate the de-notified and nomadic tribes.</li>
<li><strong>Anti-beggary laws</strong> render the talents that they possess, such as juggling and acrobatics, into punishable conduct. Whole communities of women find themselves in prostitution without a choice. Such laws must be repealed.</li>
<li>The persistence of bonded labour, and the trafficking, in large measure, of women from tribal areas needs a concerted effort to end it.</li>
</ul>
<h2>8. Delivery of Public Goods and Services</h2>
<p>The Planning process in India has, since its inception, emphasized inclusion of marginalized communities, including the Scheduled Tribes. Initially, it focused on directing sufficient resources for the development of Scheduled Tribes, along with establishing institutions and mechanisms for delivery of goods and services.</p>
<ul style="list-style-type: square;">
<li>However, these could not fully serve the interests of the tribal people, as there were <strong>several schemes that were broad in nature</strong>.</li>
<li>During the Fifth Five Year Plan (1974-79), the strategy of the Tribal Sub Plan (TSP) was adopted.</li>
<li>As per guidelines issued by the Planning Commission, the Tribal Sub Plan funds were to be non-divertible and non-lapsable. But, most of the funds meant for TSP had been diverted to other sectors and purposes, and some of them had also been lapsed due to their improper utilization or failure of administrative machinery.</li>
<li>As per the Sub-Plan approach, the Central Government is required to ensure that out of its total Plan budget, at least 8.6 percent (as per 2011 Census) is earmarked for the development of Scheduled Tribes in the Union Budget.</li>
<li>But, the decline in the budget allocations for Tribal Sub-Plan (TSP) in proportion to the Scheduled Tribe population is a cause for serious concern.</li>
<li><strong>Schedule Tribes who migrate</strong> from rural areas to urban areas suffer<strong> loss of identity, community solidarity, land, entitlements such as ration cards,</strong> and common resources.</li>
</ul>
<h3>Recommendations</h3>
<ul style="list-style-type: square;">
<li>There is dispersed population of tribes and displaced population (due to infrastructure projects, conflicts) in some States, including the North-eastern region, there is no agency dedicated to deliver the programs. New micro-agencies need to be created in such pockets to cater to specific tribal groups.</li>
<li>Absence of supporting staff for implementing the MGNREGA and FRA has resulted in low absorption of funds available for supervision of these works.</li>
<li>Many tribes have migrated to urban areas and are wage-earners. It is imperative that States work towards the creation of micro projects in urban areas which have substantial ST population.</li>
<li>Most Tribal Research Institutions (TRIs) are facing financial and manpower constraints and are finding it difficult to perform their functions effectively. There is an urgent need for strengthening and broadening research and training activities by these institutions.</li>
<li>The Anthropological Survey of India (AnSI) is one of the many organizations under the Ministry of Culture. However, the primary focus of AnSI is study of tribes. AnSI can become a stronger organization if it comes under Ministry of Tribal Affairs.</li>
<li>Funds available to the Ministry of Tribal Affairs for giving grants to States under Article 275 (1) of the Constitution should be substantially enhanced so as to enable the Ministry to provide larger support to the States for strengthening of institutions and up-gradation of administration in tribal areas.</li>
</ul>
<p>To summarize, tribal communities face disregard for their values and culture, breach of protective legislations, serious material and social deprivation, and aggressive resource alienation. Hence, the solution to these issues should enable the tribes to protect their own interests.</p>
<ul style="list-style-type: square;">
<li><strong>An empowered citizenry</strong> and a functioning, participatory (including participation of women) self-governance is the best guarantee for a democratic nation;</li>
<li>Due share in socio-economic progress for tribal people and their habitations, including facilities like health, education, livelihood, drinking water, sanitation, roads, electricity and sustainable income, in situ;</li>
<li><strong>Protecting the land and forest rights</strong> of tribal communities is equivalent to protecting their livelihoods, life and liberty.</li>
<li>The right to natural resources in tribal lands has to be protected. They should only be accessed with the consent of the Gram Sabhas of the villages</li>
<li>While tribal lands hold much of the natural and mineral wealth of the nation, these resources cannot be alienated against their will. Moreover, communities who part with their lands have the right to share in the wealth and income so generated from its resources.</li>
<li>Hence, a reasonable share of the wealth generated by the resources in their homelands must accrue to them by law</li>
<li>The right to preservation of their language, culture and traditions, and to protect themselves against the loss of identity, must be recognized, protected, documented and allowed to thrive as a dynamic living culture.</li>
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		'description' => '<h3>Why in News</h3>
<ul style="list-style-type: square;">
<li><strong>Oxfam International</strong> released its annual inequality report, 2019 report titled <strong>&ldquo;Public good or Private Wealth?&rdquo;</strong> highlighted the stark Income inequality existing in India.</li>
</ul>
<h3>Inequality</h3>
<ul style="list-style-type: square;">
<li>The United Nations describes inequality as &ldquo;the state of not being equal, especially in status, rights and opportunities&rdquo;.</li>
<li>Inequality can be broadly classified in to:
<ul style="list-style-type: circle;">
<li><strong>Economic inequality:</strong> Economic inequality is the unequal distribution of income and opportunity between individuals or different groups in society.</li>
<li><strong>Social inequality:</strong> It occurs when resources in a given society are distributed unevenly based on norms of a society that creates specific patterns along lines of socially defined categories e.g. religion, kinship, prestige, race, caste, ethnicity, gender etc. have different access to resources of power, prestige and wealth depending on the norms of a society.</li>
</ul>
</li>
<li>Both these categories are deeply intertwined and inequality of one type affects the inequality in another e.g. Social Inequality due to gender have large impact on income of women. In patriarchal societies large gender wage gap tends to exist.</li>
</ul>
<h3>Dimensions of Inequality in India</h3>
<ul style="list-style-type: square;">
<li>In India, following are distinctive forms of social inequality:</li>
</ul>
<p><strong>Gender</strong></p>
<ul style="list-style-type: square;">
<li>The <strong>Global Gender Gap Report, 2018,</strong> ranks India at <strong>142</strong> among 149 countries.</li>
<li>Four parameters for measuring gender inequality are economic participation and opportunity, health and survival, educational attainment and political empowerment.</li>
<li>Gender wage gap is highest in India according International Labor Organization women are <strong>paid 34% less than men</strong>.</li>
<li>Women comprise over 42 per cent of the agricultural labour force in the country, yet they <strong>own less than 2 percent of its farm land</strong> according to the India Human Development Survey (IHDS).</li>
</ul>
<p><strong>Caste</strong></p>
<ul style="list-style-type: square;">
<li>Caste is significant factor for determining access to resources like education, income, health valued by individuals.</li>
<li>India&rsquo;s upper caste households earned nearly 47% more than the national average annual household income, the top 10% within these castes owned 60% of the wealth within the group in 2012, as per the World Inequality Database.</li>
</ul>
<p><strong>Religion</strong></p>
<ul style="list-style-type: square;">
<li>Religious identities are significant for an individual&rsquo;s ability to mobilize resources.</li>
<li>Religious identities can cause prejudices which may lead to economic exclusion and other forms of discrimination which can impact jobs and livelihood opportunities.</li>
<li>While minorities such as Christians, Parsis and Jains have a larger share of income/consumption than their population share, Muslim and Buddhist populations have significantly lower access to economic resources.</li>
</ul>
<p><strong>Ethnicity</strong></p>
<ul style="list-style-type: square;">
<li>Tribal communities in India have been identified as ethnic group on the basis of their unique culture, language, dialect, geographical location, customs etc.</li>
<li>The National Family Health Survey 2015-16 (NFHS-4) showed that 45.9% of ST population were in the lowest wealth bracket as compared to 26.6% of SC population, 18.3% of OBCs, 9.7% of other castes.</li>
</ul>
<p><strong>Economic Inequality</strong></p>
<ul style="list-style-type: square;">
<li>The 2019 report by Oxfam, titled "Public good or Private Wealth?" showed that India&rsquo;s top 10% holds 77.4% of the total national wealth, while the top 1% holds 51.53% of the wealth.</li>
<li>The bottom 60% population holds only 4.8% of the national wealth.</li>
<li>13.6 crore Indians, who make up the poorest 10% of the country, have continued to remain in debt for the past 15 years.</li>
<li>The Gini coefficient of wealth in India in 2017 is at 0.83, which puts India among the countries with highest inequality countries.</li>
</ul>
<h3>Consequences of Inequalities</h3>
<ul style="list-style-type: square;">
<li>Inequalities tend to <strong>produce social conflict</strong> among the social groups e.g. caste groups like Jaats, Maratha, Patels are demanding reservations but this demand is opposed by caste groups already claiming the benefits of reservations, such clash of interest due to perceived inequality tend to produce violent conflicts between opposing caste groups.</li>
<li>Inequalities among ethnic groups have led to various <strong>ethnic movements</strong> demanding separate states or autonomous regions or even outright secession from India. North East has been rocked by numerous such ethnic movement e.g. by Nagas for greater Nagalim etc.</li>
<li>Religious inequality tends to generate <strong>feeling of exclusion among religious minority groups</strong>. This reduces their participation in mainstream, in India religious minorities have large population their economic exclusion compromises the GDP growth of nation as whole.</li>
<li>Poor development indicators like IMR, MMR, low per capita income, lower education and learning outcomes at schools, high rate of population growth can be traced to existing socio-economic inequalities.</li>
<li>High economic inequality is <strong>detrimental to public healthcare and education</strong>. Upper and Middle classes do not have vested interest in well functioning public healthcare and education as they have means to access private healthcare and education.</li>
</ul>
<h3>Measures to Deal with Inequalities</h3>
<ul style="list-style-type: square;">
<li><strong>Constitutional Provision</strong>
<ul style="list-style-type: circle;">
<li>Enforcement of Constitutional Guarantee of equality as enshrined in fundamental rights. <strong>Articles 14, 15 and 16</strong> form part of a scheme of the Constitutional Right to Equality. Article 15 and 16 are incidents of guarantees of Equality, and gives effect to Article 14.</li>
</ul>
</li>
<li><strong>Promoting Civil Society</strong>
<ul style="list-style-type: circle;">
<li>Provide a greater voice to traditionally oppressed and suppressed groups, including by enabling civil society groups like unions and association with in these groups.</li>
<li>Scheduled castes and Scheduled tribes should be motivated to become entrepreneurs, schemes like Stand up India need to be expanded to widen its reach by increasing funding.</li>
</ul>
</li>
<li><strong>Women Empowerment</strong>
<ul style="list-style-type: circle;">
<li>For gender equality policies like affirmative action by reserving seats in legislatures, increasing reservation at Local self government both at Urban and village level to 50% in all states, strict implementation of The Equal Remuneration act,1976 to remove wage gap, making education curriculum gender sensitive, raising awareness about women right, changing social norms through schemes like Beti Bachao Beti Padhao etc.</li>
</ul>
</li>
<li><strong>Inclusion of Religious Minorities</strong></li>
<li style="list-style-type: none;">
<ul style="list-style-type: circle;">
<li>Religious minority groups need special attention through representation in government jobs, provision of institutional credit, improvement of their education access, protection of their human rights by empowering National commission for Minority, strengthening rule of law etc.</li>
</ul>
</li>
<li><strong>Progressive Taxes</strong>
<ul style="list-style-type: circle;">
<li>Additional public resources for public services by progressive taxes on wealthy more and by increasing the effective taxation on corporations, more importantly broadening the tax base through better monitoring of financial transactions.</li>
</ul>
</li>
<li><strong>Economic Policies</strong>
<ul style="list-style-type: circle;">
<li>By ensuring universal access to public funded high quality services like Public health and education, social security benefits, employment guarantee schemes; inequality can be reduced to great extent.</li>
</ul>
</li>
<li><strong>Employment Generation</strong>
<ul style="list-style-type: circle;">
<li>The failure to grow manufacturing sectors like Textile, Clothing, automobiles, consumer goods etc. is the important reason of rising inequalities.</li>
<li>The Labor-intensive manufacturing has the potential to absorb millions of people who are leaving farming while service sector tend to benefit majorly urban middle class.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<ul style="list-style-type: square;">
<li>India has committed to attaining the Sustainable Development Goals by 2030, and to end extreme poverty by that year.</li>
<li>According to Oxfam if India stops inequality from rising further, it could end extreme poverty for 90 million people by 2019. If it goes further and reduces inequality by 36%, it could virtually eliminate extreme poverty.</li>
</ul>
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		'article_id' => (int) 1504,
		'category_id' => (int) 32,
		'title' => 'Forest Rights Act, 2006',
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		'article_id' => (int) 1499,
		'category_id' => (int) 27,
		'title' => 'Forest Rights Act, 2006',
		'description' => '<h3>Why in News?</h3>
<ul style="list-style-type: square;">
<li>Recently Supreme Court asked states to free tracts of forest land in possession of people whose claims have been rejected under the Forest Rights Act (FRA), 2006.</li>
<li>The judgement has triggered protests from forest rights groups, who contended that wildlife conservation cannot overcome natural justice goals.</li>
</ul>
<h3>Historical Background</h3>
<ul style="list-style-type: square;">
<li>A large number of people especially the scheduled tribes have lived in and around forests for a long period in symbiotic relationship.</li>
<li>This relationship has led to formalized or informal customary rules of use and extraction, often governed by ethical beliefs and practices that have ensured that forests are not too degraded.</li>
<li>During the colonial time the focus shifted from the forests being used as a resource base for sustenance of local communities to a State resource for commercial interests and development of land for agriculture.</li>
<li>Several Acts and policies such as the 3 Indian Forest Acts of 1865, 1894 and 1927 of Central Govt and some state forest Acts curtailed centuries‐old, customary‐use rights of local communities.</li>
<li>This continued even after independence till much later until enactment of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.</li>
</ul>
<h3>Related Acts and Provisions</h3>
<ul style="list-style-type: square;">
<li><strong>Wildlife protection Act 1972</strong>
<ul style="list-style-type: circle;">
<li>This act prohibits the capturing, killing, poisoning or trapping of wild animals.</li>
<li>It extends to the whole of India except the State of Jammu and Kashmir</li>
<li>It also regulates and controls trade in parts and products derived from wildlife.</li>
</ul>
</li>
<li><strong>1988 National Forest Policy</strong>
<ul style="list-style-type: circle;">
<li>The policy aims at maintaining of environmental stability.</li>
<li>It looks at conserving the natural heritage of the country by preserving the remaining natural forests.</li>
<li>Increasing forest/tree cover in the country through massive afforestation and social forestry programmes.</li>
<li>Creating a massive people&rsquo;s movement for achieving these objectives and to minimise pressure on existing forests.</li>
</ul>
</li>
<li><strong>The Provisions of the Panchayats (Extension to the Schedule Areas) Act 1996 (PESA)</strong>
<ul style="list-style-type: circle;">
<li>It safeguards and preserves the traditions and customs of the people, and their cultural identity, community resources, customary mode of dispute resolution.</li>
<li>PESA empowers Gram Sabha/Panchayat at appropriate level with right to mandatory consultation in land acquisition, resettlement and rehabilitation of displaced persons.</li>
<li>PESA seeks to reduce alienation in tribal areas as they will have better control over the utilisation of public resources.</li>
<li>It will help minimise exploitation of tribal population as they will be able to control and manage money lending, consumption and sale of liquor and also village markets.</li>
<li>PESA looks to promote cultural heritage through preservation of traditions, customs and cultural identity of tribal population.</li>
</ul>
</li>
</ul>
<h3>Features of the Act</h3>
<ul style="list-style-type: square;">
<li>The act recognize and vest the forest rights and occupation in Forest land in forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD)who have been residing in such forests for generations.</li>
<li>The act also establishes the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance of FDST and OTFD.</li>
<li>It strengthens the conservation regime of the forests while ensuring livelihood and food security of the FDST and OTFD.</li>
<li>It seeks to rectify colonial injustice to the FDST and OTFD who are integral to the very survival and sustainability of the forest ecosystem.</li>
<li>The act identify four types of rights:
<ul style="list-style-type: circle;">
<li><strong>Title rights</strong>
<ul style="list-style-type: disc;">
<li>It gives FDST and OTFD the right to ownership to land farmed by tribals or forest dwellers subject to a maximum of 4 hectares.</li>
<li>Ownership is only for land that is actually being cultivated by the concerned family and no new lands will be granted.</li>
</ul>
</li>
<li><strong>Use rights</strong>
<ul style="list-style-type: disc;">
<li>The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas, to pastoralist routes, etc.</li>
</ul>
</li>
<li><strong>Relief and development rights</strong>
<ul style="list-style-type: disc;">
<li>To rehabilitation in case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection</li>
</ul>
</li>
<li><strong>Forest management rights</strong>
<ul style="list-style-type: disc;">
<li>It includes the right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use.</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Who can claim these Rights?</h3>
<ul style="list-style-type: square;">
<li>Members or community of the Scheduled Tribes who primarily reside in and who depend on the forests or forest lands for bona fide livelihood needs.</li>
<li>It can also be claimed by any member or community who has for at least three generations <strong>(75 years)</strong> prior to the <strong>13th day of December, 2005</strong> primarily resided in forests land for bona fide livelihood needs.</li>
<li>The Gram Sabha is the authority to initiate the process for determining the nature and extent of Individual Forest Rights (IFR) or Community Forest Rights (CFR) or both that may be given to FDST and OTFD.</li>
<li><strong>Procedure</strong>
<ul style="list-style-type: circle;">
<li>First, the gram sabha (full village assembly, NOT the gram panchayat) makes a recommendation &ndash; i.e who has been cultivating land for how long, which minor forest produce is collected, etc. The gram sabha plays this role because it is a public body where all people participate, and hence is fully democratic and transparent.</li>
<li>The gram sabha&rsquo;s recommendation goes through two stages of screening committees at the taluka and district levels.</li>
<li>The district level committee makes the final decision (see section 6(6)). The Committees have six members &ndash; three government officers and three elected persons.</li>
<li>At both the taluka and the district levels, any person who believes a claim is false can appeal to the Committees, and if they prove their case the right is denied (sections 6(2) and 6(4)).</li>
<li>Finally, land recognised under this Act cannot be sold or transferred.</li>
</ul>
</li>
</ul>
<h3>Importance</h3>
<ul style="list-style-type: square;">
<li>The acts looks to right the wrongs of government policies in both colonial and independent India toward forest-dwelling communities, whose claims over their resources were taken away during 1850s.</li>
<li>The act also has potential of sustainably protecting forest through traditional ways along with providing tribes means of livelihood.</li>
<li>It expands the mandate of the <strong>Fifth and the Sixth Schedules</strong> of the Constitution that protect the claims of indigenous communities over tracts of land or forests they inhabit.</li>
<li>The alienation of tribes was one of the factors behind the Naxal movement, which affects states like Chhattisgarh, Odisha and Jharkhand. The act through identifying IFR and CFR tries to provide inclusion to tribes.</li>
<li>It has the potential to democratise forest governance by recognising community forest resource rights over an estimated 85.6 million acres, thereby empowering over 200 million forest dwellers in over 1,70,000 villages.</li>
<li>The act will ensure that people get to manage their forest on their own which will regulate exploitation of forest resources by officials, forest governance and management as well as tribal rights etc.</li>
</ul>
<h3>Challenges</h3>
<ul style="list-style-type: square;">
<li><strong>Administrative Apathy</strong>
<ul style="list-style-type: circle;">
<li>Implementation of the act remains the biggest challenge as acts related to the environment are not entirely compliant with the law, illegal encroachments have happened as much as that claims have been unfairly rejected.</li>
<li>As tribals are not a big vote bank in most states, governments find it convenient to subvert FRA or not bother about it at all in favour of monetary gains.</li>
</ul>
</li>
<li><strong>Lack of Awareness</strong>
<ul style="list-style-type: circle;">
<li>Unawareness at the Lower level of forest officials who are supposed to help process forest rights claims is high and majority of the aggrieved population too remains in the dark regarding their rights.</li>
<li>The forest bureaucracy has misinterpreted the FRA as an instrument to regularise encroachment instead of a welfare measure for tribals.</li>
</ul>
</li>
<li><strong>Dilution of Act</strong>
<ul style="list-style-type: circle;">
<li>Certain sections of environmentalist raise the concern that FRA bend more in the favour of individual rights, giving lesser scope for community rights.</li>
<li>Community Rights effectively gives the local people the control over forest resources which remains a significant portion of forest revenue making states wary of vesting forest rights to Gram Sabha.</li>
</ul>
</li>
<li><strong>Reluctance of the forest bureaucracy to give up control</strong>
<ul style="list-style-type: circle;">
<li>There has been deliberate sabotage by the forest bureaucracy, both at the Centre and the states, and to some extent by big corporates.</li>
<li>The forest bureaucracy fears that it will lose the enormous power over land and people that it currently enjoys, while the corporates fear they may lose the cheap access to valuable natural resources.</li>
</ul>
</li>
<li><strong>Institutional Roadblock</strong>
<ul style="list-style-type: circle;">
<li><strong>Rough maps</strong> of community and individual claims are prepared by Gram Sabha which at times often lack technical knowhow and suffers from educational incapacity.</li>
<li><strong>Intensive process of documenting communities&rsquo; claim</strong>s under the FRA makes the process both cumbersome and harrowing for illiterate tribals.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>The government of India views MFP rights as a means to curb Naxalism since the states most affected by Naxalism are also home to the maximum number of people dependent on forest produce.</li>
<li>The recognition of CFR rights would shift forest governance in India towards a community conservation regime that is more food security and livelihood oriented.</li>
<li>Large-scale awareness and information dissemination campaigns are required at local level informing both tribal and lower level officials.</li>
<li>It is important to develop a detailed strategy of training and capacity building of people responsible for implementing the FRA, such as Panchayats, Gram Sabha, village level Forest Rights committee etc.</li>
<li>The relevant maps and documents should be made available to the Forest rights committee and claimants to simplify the task of the Gram Sabha in identifying and filing claims for individual and community rights.</li>
<li>Providing clarity on the time limit for settling claims the act does not specify any time limit for resolving claims. In most of the areas, both the officials and beneficiaries are unaware of this fact.</li>
<li>Centre should take more proactive role in pushing states to honour a law that could change the lives of millions.</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/400Drishti_ias_Forest-Rights-Act-2006.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/400Drishti_ias_Forest-Rights-Act-2006.png" /></a></p>',
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	(int) 16 => object(Cake\ORM\Entity) {

		'article_id' => (int) 1431,
		'category_id' => (int) 21,
		'title' => 'Forest Dwellers Face Eviction',
		'description' => '<p>The Supreme Court has ordered the <strong>forced eviction of more than 1,000,000 tribal and other forest-dwelling households</strong> from forestlands across 16 states after their claim as forest dwellers have been rejected under the Forest Rights Act of 2006.</p>
<ul style="list-style-type: square;">
<li>A three-judge Bench of Supreme Court has ordered the Chief Secretaries of many of these States to evict those whose claims as forest dwellers have been finally rejected under the law.</li>
</ul>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li><strong>Forest Rights Act</strong>, passed in 2006, requires the government to give back <strong>rights over traditional forestlands to tribals and other forest-dwellers</strong>.</li>
<li>Tribals and other forest-dwellers are permitted to lay claims before authorities through a laid down process in the Act.</li>
<li>These authorities, based on criteria set in the law and regulations, are required to either approve or reject the claims with several layers of appeals being available to claimants.</li>
<li>The court&rsquo;s orders came while hearing a case filed by wildlife groups and retired forest officers in 2009 raising a legal challenge on the constitutional validity of the law.</li>
<li>The petition, besides challenging the constitutional validity of the law, also demanded that those whose claims had been rejected be evicted as &lsquo;encroachers&rsquo;.</li>
<li>Hearing the case, back in March 2018 the Supreme Court had asked states to report on the status of eviction of those claimants whose claims have been rejected and the total extent of the areas from which they have been evicted.</li>
</ul>
<h3>Concerns</h3>
<ul style="list-style-type: square;">
<li>Several activists have pointed to the inaction from the forest department officials in granting forest rights to these tribal and forest dwellers, issuing land rights documents and other identity cards. For example,
<ul style="list-style-type: circle;">
<li>According to activists the tribal settlements in the Eastern Ghats have not been granted forest rights patta due to the apathy from forest department officials and hence face the risk of eviction.</li>
</ul>
</li>
<li>Tribals and other forest-dwellers have been living in the forest area for centuries. Their livelihood depends on non-timber forest products they harvest, such as food. Hence, the forest department must ensure that they get community rights documents.</li>
</ul>
<div class="border-bg">
<p><strong>Forest Rights Act, 2006</strong></p>
<ul style="list-style-type: square;">
<li>The Forest Rights Act (FRA) was introduced to address the &ldquo;historic injustice&rdquo; and decades of rights denied to the tribals and forest dwellers due to the colonial forest laws in the country.</li>
<li>FRA recognises that forest dwelling communities have three kinds of rights:
<ul style="list-style-type: circle;">
<li><strong>Individual rights</strong> (occupation and cultivation);</li>
<li><strong>Community rights</strong> (grazing, fuel-wood collection, fishing, ownership and disposal of non-timber forest produce ); and</li>
<li>Rights to protect,regenerate, conserve and manage <strong>community forest resource (CFR)</strong> areas.</li>
</ul>
</li>
<li>The recognition of CFR rights is the most empowering provision of the Act because it <strong>restores Gram Sabha&rsquo;s control over governance of forests from the forest department</strong>, thereby democratising the country&rsquo;s colonial forest governance as a whole.</li>
<li>The Act has given <strong>executive and judicial power to Grama Sabhas</strong> in recognising the rights of the tribals. There are sabhas (committees) in the ward level that is the primary tier to recognise and recommend the rights of tribal hamlets. Then there are Sub-Divisional Level Committees (SDLC), followed by District-Level Committees (DLCs).</li>
</ul>
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	(int) 17 => object(Cake\ORM\Entity) {

		'article_id' => (int) 916,
		'category_id' => (int) 21,
		'title' => 'US Citizen killed by Tribals in Andaman',
		'description' => '<p>An American national who tried to contact protected Sentinelese tribes in Andamans north sentinel island was allegedly killed by them.</p>
<ul style="list-style-type: square;">
<li>In August 2018, in order to promote tourism in the remote Andaman and Nicobar islands, the government excluded 29 inhabited islands which also included North Sentinelese island from the <a href="/daily-updates/daily-news-analysis/restricted-%20area%20-permit-eased-for-foreigners-visiting%20-andaman-Islands" target="_blank" rel="noopener">restricted area permit (RAP) regime till December 31, 2022.</a></li>
<li>The lifting of RAP means that foreigners are allowed to visit these islands without prior permission from the government is subject to certain conditions.</li>
<li>Separate approvals of a competent authority would continue to be required for visiting reserved forests, wildlife sanctuaries, and tribal reserves.</li>
</ul>
<h3>Sentinelese</h3>
<ul style="list-style-type: square;">
<li>The Sentinelese is a <strong>pre-neolithic, negrito tribe who live in North Sentinel Island of the Andamans.</strong></li>
<li>They are completely isolated with <strong>no contact to the outside world.</strong> The first time they were contacted by a team of Indian anthropologists in 1991.</li>
<li>Due to no contact, the census of Sentinelese is taken through photographing the island individuals from distance. Census 2001 counted them at 39.</li>
<li>Surveys of North Sentinel Island have not found any evidence of agriculture. Instead, the community seems to be hunter-gatherers, getting food through fishing, hunting, and collecting wild plants living on the island.</li>
<li>Sentinelese are also listed under <strong>Particularly Vulnerable Tribal Groups (PVTGs)</strong> by the government of India.</li>
<li>They are protected under the <strong>Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956.</strong>
<ul style="list-style-type: circle;">
<li>It declares traditional areas occupied by the tribes as reserves, and prohibited entry of all except those with authorization.</li>
<li>Photographing or filming tribe members is also an offense.</li>
</ul>
</li>
</ul>
<h3>Should Tribes be contacted?</h3>
<p>The situation of the tribal or the Adivasi community in India has always been a challenge. To assimilate or let &ldquo;them&rdquo; be are ongoing debates.</p>
<ul style="list-style-type: square;">
<li><strong>Humans by Nature Social</strong>
<ul style="list-style-type: circle;">
<li>Anthropologists who studied &ldquo;uncontacted tribes&rdquo; have said that the tribes were interested in making contact with the outside world, but they were too afraid to do so. Hence, outside contact should be made but only when they have initiated it.</li>
</ul>
</li>
<li><strong>Destruction of Tribal Culture</strong>
<ul style="list-style-type: circle;">
<li>Contact to the outside world also risks the destruction of tribal culture, knowledge, and languages which can get overwhelmed by outside influence and eventually become extinct.</li>
</ul>
</li>
<li><strong>Health Risk</strong>
<ul style="list-style-type: circle;">
<li>The &ldquo;uncontacted people&rdquo; are not vaccinated to various diseases, which outsiders may carry unknowingly. There is the health risk to these communities from outside contact.</li>
<li>In America, the contact with outside diseases killed up to 100 million indigenous people following the European arrival.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>The academics have suggested that the best path forward is a policy of<strong> "controlled contact"</strong> with these communities instead of a policy of no contact. Carefully managed contact to avoid the spread of disease, but also enable the building of trust and providing aid and medical help if needed is the best way.</li>
<li>Establishing contact with the outside world can also help governments to document their way of life, preserve their culture and their holistic development.</li>
</ul>
<div class="border-bg">
<p><strong>Uncontacted people:</strong> These are indigenous communities that have managed to exist almost entirely outside the purview of the nation-states in which they technically live.</p>
<p><strong>Particularly Vulnerable Tribal Groups (PVTGs)</strong></p>
<ul style="list-style-type: square;">
<li>PVTGs are centrally recognized special category from among the Scheduled Tribes and were constituted during the 4th five-year plan on the basis of the report of the Dhebar commission (1960-61).</li>
<li>They are the most vulnerable section among tribals and generally inhabit the isolated, remote and difficult areas as small and scattered hamlets/ habitats.</li>
</ul>
<p><strong>Tribes of Andaman and Nicobar</strong></p>
<p>The Andaman and Nicobar are home to<strong> six tribes, Great Andamanese, Onge, Jarawa, Sentinelese, Nicobarese and Shompen.</strong></p>
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		'article_id' => (int) 611,
		'category_id' => (int) 21,
		'title' => 'NCSK Data on Manual Scavenging Deaths ',
		'description' => '<p>Recently, five manual scavengers died after inhaling toxic fumes in Delhi's Moti Nagar Area.</p>
<ul style="list-style-type: square;">
<li>The National Commission for Safai Karamcharis (NCSK) collected data regarding deaths of Manual Scavengers in India since January 2017.&nbsp;</li>
<li>It is the first such official attempt to account for the deaths of sewer and septic tank cleaners.</li>
</ul>
<h3>Report Findings</h3>
<ul style="list-style-type: square;">
<li>Since January 1, 2017, 123 people employed in manual scavenging lost their lives i.e. on an average one person has died every five days while cleaning sewers and septic tanks across the country.</li>
<li>Of the 28 states and seven union territories, the NCSK data has reported deaths from only 13 states and UTs.</li>
<li>The number of manual scavenger deaths is highest in Haryana followed by Uttar Pradesh, Delhi, and Gujarat.</li>
<li>In NCSK data, Larger states like Maharashtra and Madhya Pradesh have shown two deaths and zero manual scavenger deaths since January 2017 respectively.</li>
</ul>
<h3>Issues</h3>
<ul style="list-style-type: square;">
<li><strong>Under-Estimation of Data</strong>
<ul style="list-style-type: circle;">
<li><strong></strong>As per the Socio-Economic Caste Census (SECC) 2011, rural Maharashtra has 35% of the total 1.82 lakh such households in rural India where at least one member of the household is working as Manual Scavenger. But in NSCK data, Maharashtra has reported only two deaths.</li>
<li>The state with the second highest number of manual scavenging in its villages, Madhya Pradesh at 23,105 as per SECC doesn&rsquo;t show any deaths in the NCSK data.</li>
<li>According to data and post-mortem reports maintained by the NGO, Safai Karamchari Andolan, the actual death count since January 2017 is about 300.</li>
</ul>
</li>
<li><strong>Unavailability of Data</strong>
<ul style="list-style-type: circle;">
<li><strong>&nbsp;</strong>There are no data available on those employed in sewer and septic tank cleaning. All previous and ongoing exercises at compiling data have been restricted to accounting for those removing human excreta from dry latrines, open drains, and single pit toilets in villages.</li>
<li>Due to lack of data regarding Manual Scavengers, sometimes family member of victims are denied their compensation. As per NCSK data, the Rs 10 lakh compensation mandated under the law in case of manual scavenging deaths, has been paid in only 70 of the 123 cases.</li>
</ul>
</li>
<li>A survey was carried out by the Ministry of Social Justice and Empowerment in 2017 to count the number of manual scavengers.
<ul style="list-style-type: circle;">
<li>States have identified up to thirteen thousand manual scavengers up to June 2018.&nbsp;</li>
<li>This data also seems like gross under-estimation as it does not include all the districts in India.</li>
<li>The count was limited to only 170 districts in 18 states and it also excluded sewer cleaners entirely as well as any form of manual scavenging in urban areas.</li>
<li>Bezwada Wilson, the founder of Safai Karamchari Andolan (SKA), has asked the central government to extend the survey to include another 300 districts and sewer-septic tank cleaners.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Prohibition of Employment of Manual Scavengers and their Rehabilitation Act, 2013</strong></p>
<ul style="list-style-type: square;">
<li>The Act prohibits employment of manual scavengers, manual cleaning of sewers and septic tanks without protective equipment, and the construction of insanitary latrines.</li>
<li>Section 7 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 prohibits the employment of a person as a manual scavenger for cleaning sewerage and septic tanks.&nbsp;Under provisions of this Act engagement of a person as Manual Scavenger is a punishable offense with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or both.&nbsp;</li>
<li>Under the provision, no person, local authority or agency (like Municipal Corporations) should engage or employ people for hazardous cleaning of sewers and septic tanks. Mechanised cleaning of septic tanks is the prescribed norm.</li>
<li>It seeks to rehabilitate manual scavengers and provide for their alternative employment. Each local authority, cantonment board, and railway authority is responsible for surveying insanitary latrines within its jurisdiction. They shall also construct a number of sanitary community latrines.</li>
<li>Each occupier of insanitary latrines shall be responsible for converting or demolishing the latrine at his own cost. If he fails to do so, the local authority shall convert the latrine and recover the cost from him.</li>
</ul>
<p><strong>SC judgment in&nbsp;<em>Safai Karamchari Andolan &amp; Others Vs. Union of India</em></strong></p>
<ul style="list-style-type: square;">
<li>
<p>The practice of manual scavenging has been directed to be closed.</p>
</li>
<li>Entering sewer lines without safety gears should be made a crime even in an emergency situation.</li>
<li>
<p>The persons included in the final list of manual scavengers have been directed to be rehabilitated as per the provisions of Part IV of the 2013 Act.</p>
</li>
<li>
<p>Compensation of Rs.10 lakhs has been directed to be paid to the dependent family members of all persons, who had died in sewerage work (manholes, septic tanks) since 1993.</p>
</li>
</ul>
</div>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>It is necessary that the law&nbsp;Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and Supreme Court observations in&nbsp;<em>Safai Karamchari Andolan &amp; Others Vs. Union of India&nbsp;</em>must be implemented in its letter and spirit.&nbsp;</li>
<li>In the absence of political will and social pressure, more lives could be lost because more tanks are being built in rural and urban areas as part of the drive to construct toilets under Swacchh Bharat Abhiyaan. It is necessary that State governments should address the lack of adequate machinery to clean septic tanks. The Ministry of Drinking Water and Sanitation in its manual of 2016 on toilet design has noted that in rural areas, mechanical pumps to clear septic tanks are not available.</li>
<li>The Swachh Bharat Abhiyan should make expansion of the sewer network a top priority and come up with a scheme for scientific maintenance that will end manual cleaning of septic tanks.</li>
<li>When a person engaged for cleaning of sewer/septic tank dies while cleaning the same, his family/ kin should be given Rs. 10 lakh compensation as mandated under&nbsp;Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.</li>
</ul>
<div class="border-bg">
<p><strong>National Commission For Safai Karamcharis</strong></p>
<ul style="list-style-type: square;">
<li>The National Commission for Safai Karamcharis (NCSK) was constituted on 12th August 1994 as a statutory body by an Act of Parliament viz. &lsquo;National Commission for Safai Karamcharis Act, 1993&rsquo;.</li>
<li>The act &ldquo;The National Commission for Safai Karamcharis Act, 1993&rdquo; lapsed in February 2004.</li>
<li>The Commission is acting as a Non-Statutory body of the Ministry of Social Justice and Empowerment whose tenure is extended from time to time through Government Resolutions.</li>
</ul>
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		'title' => 'Prevention of Atrocities Amendment Bill, 2018',
		'description' => '<p>Parliament has passed the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018.</p>
<h3>Key Points</h3>
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<li>The Bill rules out any provision for anticipatory bail for a person accused of atrocities against SC/STs, notwithstanding any court order.</li>
<li>The legislation also provides that no preliminary inquiry will be required for registering a criminal case and an arrest under this law.</li>
<li>The arrest of a person accused of having committed an offence under the Act would not require any approval.</li>
<li>The provisions of Section 438 of the Code of Criminal Procedure which deals with anticipatory bail shall not apply to a case under this Act, notwithstanding any judgment or order of any Court.</li>
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<p><a href="/daily-updates/daily-news-analysis/cabinet-clears-bill-to-restore-the-provisions-of-sc-st-act" target="_blank" rel="noopener">Read more about the legislation...</a></p>',
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