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Reservation Review: SC

Why in News Recently, the Supreme Court of India has ruled the January 2000 order of the Governor of the erstwhile state of Andhra Pradesh which...

23 Apr 2020 Issues Related to SCs & STs
Webinar on Covid-19 Response by TRIFED

Why in News Recently, the Tribal Cooperative Marketing Development Federation of India (TRIFED) organized a Webinar in collaboration with the United...

10 Apr 2020 Issues Related to SCs & STs
Year End Review 2019: Ministry of Tribal Affairs

Important Schemes and Policies Pradhan Manti Van Dhan Yojana (PMVDY) It is a market-linked tribal entrepreneurship development program for...

06 Apr 2020 Issues Related to SCs & STs
Government to Launch Mahua-based Alcoholic Drink

Why in News The central government is set to launch a mahua-based alcoholic beverage ‘Mahua Nutribeverage’ in the market for the first...

11 Mar 2020 Issues Related to SCs & STs
Initiatives for Tribal Communities

Why in News The Ministry of Tribal Affairs has launched the “Programme for Capacity Building of Scheduled Tribe Representatives in Local Self...

28 Feb 2020 Issues Related to SCs & STs
National Commission for Scheduled Tribes

Why in News The National Commission for Scheduled Tribes (NCST) organised its 16th foundation day. On this occasion, the NCST has also decided to...

20 Feb 2020 Issues Related to SCs & STs
Reservation Issue in AP

Why in News The Supreme Court has questioned the Andhra Pradesh government’s decision in 1988 to provide a 100% reservation to Scheduled...

13 Feb 2020 Issues Related to SCs & STs
Scheduled Tribes in Karnataka

Why in News Recently, the Lok Sabha passed the Constitution (Scheduled Tribes) Order (Second Amendment) Bill, 2019. It seeks to include the...

12 Feb 2020 Issues Related to SCs & STs
SC Upholds Changes to SC/ST Atrocities Law

Why in News The Supreme Court has upheld the constitutional validity of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)...

11 Feb 2020 Issues Related to SCs & STs
Reservations in Promotion is Not a Fundamental Right: SC

Why in News The Supreme Court has recently ruled that the states are not bound to provide reservation in appointments and promotions and that there...

10 Feb 2020 Issues Related to SCs & STs
Bodo Accord

Why in News Recently, the central government, the Assam government and the Bodo groups, including all factions of the militant National Democratic...

29 Jan 2020 Issues Related to SCs & STs
Incidence of NCDs in MP

Why in News Recently, a screening drive was carried out by the National Health Mission (NHM) under the Centre’s Non-Communicable Disease...

27 Jan 2020 Issues Related to SCs & STs
Aboriginals and Climate Change

This article is based on “Adi Darshan’: The only way to save the planet” which was published in The Indian Express on 21/01/2020....

22 Jan 2020 Issues Related to SCs & STs
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

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		'article_id' => (int) 5112,
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		'title' => 'Reservation Review: SC',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court of India</strong></a> has ruled the<strong> January 2000 order</strong> of the Governor of the erstwhile state of <strong>Andhra Pradesh</strong> which provided <strong>100% <a href="/to-the-points/Paper2/reservation-in-india" target="_blank" rel="noopener">reservation</a> to Scheduled Tribes (ST) candidates</strong> in posts of school <strong>teachers</strong> in<strong> Scheduled Areas, unconstitutional.</strong></p>
<ul style="list-style-type: square;">
<li>It also highlighted that within the <strong>Other Backward Castes</strong> (OBCs) and the <strong>Scheduled Castes</strong> (SCs) and <strong>STs,</strong> reservation benefits are <strong>not reaching the truly deserving.</strong></li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>The apex court said that 100% reservation is <strong>not permissible</strong> under the Constitution as the <strong>outer limit is 50%</strong> as specified in<strong> Indra Sawhney case, 1992.</strong></li>
<li>A 100% reservation would become <strong>discriminatory and impermissible.</strong> The citizens have <strong>equal rights</strong> and the total exclusion of others by creating an opportunity for one class is not contemplated by the Constitution.</li>
<li>It also<strong> deprives SCs and OBCs</strong> of their due representation.</li>
<li>The <strong>opportunity of public employment</strong> cannot be denied unjustly to the incumbents and it is not the prerogative of few.</li>
<li><strong>Equality of opportunity</strong> and <strong>pursuit of choice</strong> under <strong>Article 51&shy;A</strong> cannot be deprived of unjustly and arbitrarily.</li>
<li>It is <strong>arbitrary and violative</strong> of provisions of <strong>Articles 14 (equality before law), 15(1) (discrimination against citizens) and 16 (equal opportunity) of the Constitution.</strong></li>
<li>It also impinges upon the <strong>right of open category</strong> because only STs will fill all the vacant posts leaving SCs and OBCs far behind.<br />
<ul style="list-style-type: circle;">
<li><strong>Open Category:</strong> It means for<strong> all castes.</strong> The<strong> 50% unreserved seats are not entitled to the General category.</strong> They can be<strong> filled by reserved categories</strong> as well <strong>in case all seats are not occupied by the general</strong> category.</li>
</ul>
</li>
<li>The SC has<strong> allowed the request not to quash the appointments already made</strong> under the 2000 order. However, it has <strong>warned Andhra Pradesh and Telangana</strong> against making such provisions in the future.<br />
<ul style="list-style-type: circle;">
<li>In case they do so, exceeding the limit of reservation, the appointments which have not been quashed now, will also be considered null and void.</li>
</ul>
</li>
</ul>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li>The <strong>Andhra Pradesh government</strong> came out with a <a href="/daily-updates/daily-news-analysis/reservation-issue-in-ap" target="_blank" rel="noopener"><strong>similar order in 1986</strong></a> which was quashed by the State Administrative Tribunal and an appeal before the Supreme Court was dismissed in 1998.</li>
<li>However, in <strong>2000,</strong> the State <strong>issued an order providing for 100% reservation to STs candidates</strong> on teacher posts in Schedules areas.</li>
<li>The <strong>State's High Court upheld</strong> the order but its decision was later on <strong>challenged in the Supreme court</strong> leading to this order.</li>
</ul>
<h3>On Reservation</h3>
<ul style="list-style-type: square;">
<li><strong>Failure of trickle down approach:</strong> The SC highlighted the <strong>struggles of people from the OBCs, SCs and STs</strong> who<strong> could not benefit</strong> from the trickle down approach of the reservation.<br />
<ul style="list-style-type: circle;">
<li>By now, there are <strong>affluent and socially and economically advanced classes within the reserved communities</strong> who do not permit benefits to trickle down to the ones who actually need them.</li>
</ul>
</li>
<li><strong>Revision of reservation:</strong> The apex court <strong>suggested the government to revise the lists of those entitled to reservation,</strong> from time to time.<br />
<ul style="list-style-type: circle;">
<li><strong>Suggestion:</strong> It can be <strong>done without disturbing the percentage of reservation</strong> so that the benefits trickle down to the needy and are not hindered by those who have been obtaining benefits for the last 70 years or after their inclusion in the list.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Indra Sawhney &amp; Others vs Union of India, 1992</strong></p>
<ul style="list-style-type: square;">
<li>The Supreme Court while <strong>upholding the 27% quota</strong> for backward classes, struck down the government notification reserving 10% government jobs for economically backward classes among the higher castes.</li>
<li>SC in the same case also upheld the principle that the combined reservation beneficiaries <strong>should not exceed 50%</strong> of India&rsquo;s population.</li>
<li>The concept of<strong> &lsquo;creamy layer&rsquo;</strong> also gained currency through this judgment and provision that <strong>reservation for backward classes</strong> should be <strong>confined to initial appointments only</strong> and<strong> not extend to promotions.</strong></li>
<li>The <strong>Constitutional (103<sup>rd</sup> Amendment) Act of 2019</strong> provided for <strong>10% reservation in government jobs and educational institutions</strong> for the <strong>&ldquo;economically backward&rdquo;</strong> in the unreserved category.<br />
<ul style="list-style-type: circle;">
<li>The Act <strong>amended the 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 <strong>10% economic reservation is over and above the 50% reservation cap.</strong></li>
</ul>
</li>
<li>However, it should be noted that a constitution bench of the SC has reserved orders whether a bunch of <strong>writ petitions challenging the economic reservation law should be referred to a Constitution Bench or not.</strong> <br />
<ul style="list-style-type: circle;">
<li>That is why the court had <strong>refused to pass any interim order to stay or hamper</strong> the implementation of the Constitution (103<sup>rd</sup> Amendment) Act, 2019.</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://indianexpress.com/article/india/affluent-in-obc-sc-st-not-letting-quota-benefits-trickle-down-review-lists-bench-6374908/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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		'article_id' => (int) 4979,
		'category_id' => (int) 21,
		'title' => 'Webinar on Covid-19 Response by TRIFED',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/apeda-trifed" target="_blank" rel="noopener"><strong>Tribal Cooperative Marketing Development Federation of India</strong></a> (TRIFED) organized a <strong>Webinar</strong> in collaboration with the <a href="/important-institutions/drishti-specials-important-institutions-international-institution/unicef-1" target="_blank" rel="noopener"><strong>United Nations Children&rsquo;s Fund</strong></a> (UNICEF) and the <a href="/important-institutions/drishti-specials-important-institutions-international-institution/world-health-organization-who" target="_blank" rel="noopener"><strong>World Health Organisation</strong></a> (WHO).</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>The webinar was organised for <strong>Virtual training of TRIFED Trainers and <a href="/to-the-points/Paper2/self-help-groups-shgs" target="_blank" rel="noopener">Self Help Groups</a> (SHGs)</strong> on basic <strong>orientation on <a href="/daily-updates/daily-news-analysis/coronavirus-disease-named-covid-19" target="_blank" rel="noopener">Covid-19</a> response and key preventive measures</strong> to ensure that tribal gatherers carry on their work safely.<br />
<ul style="list-style-type: circle;">
<li>To <strong>create awareness</strong> among the community about social distancing and steps to be followed.</li>
<li><strong>Do&rsquo;s and Don&rsquo;ts Advisories </strong>during collection of <a href="/daily-updates/daily-news-analysis/harvesting-season-covid-19-lockdown" target="_blank" rel="noopener"><strong>Non Timber Forest Produce</strong> </a>(NTFP).</li>
<li>To<strong> provide suggestive practices</strong> for maintaining personal hygiene, adopting cashless practices, etc.</li>
<li>To reach more than 18,000 participants and cover tribal regions across all the 27 States.</li>
</ul>
</li>
<li>The collaboration helped in developing a digital communication strategy for promoting a digital campaign and highlighting the importance of Social Distancing.</li>
<li>Certain <strong>proactive measures need to be initiated</strong> to ensure the wellbeing of the tribals and their economy by providing them safety and ensuring their livelihoods.<br />
<ul style="list-style-type: circle;">
<li>It becomes important because it is the <strong>peak season for collection and harvest</strong> of<strong> Minor Forest Produce (MFP) and NTFP</strong> in many regions.</li>
<li>MFP <strong>includes all non-timber forest produce of plant origin</strong> and includes <strong>bamboo, canes, fodder, leaves, gums, waxes, dyes, resins and many forms of food including nuts, wild fruits, honey, lac, tusser</strong> etc.</li>
<li>It provides both <strong>subsistence and cash income</strong> for people who live in or near forests. They form a major portion of their food, fruits, medicines and other consumption items and also provide cash income through sales.</li>
</ul>
</li>
<li><strong>Other Measures:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>UNICEF</strong> is providing the <strong>necessary support to the SHG Centers</strong> in the form of Digital Multimedia content, Webinars for Virtual training, Social Media campaigns and Vanya Radio.</li>
<li>TRIFED has also reached out to the <strong>Art of Living Foundation&rsquo;s #iStandWithHumanity Initiative</strong> to include a <strong>Stand With Tribal Families</strong> component which will provide food and ration for survival of the tribal community.</li>
<li>Promotion of 15,000 SHGs as <strong>Van Dhan Social Distancing Awareness cum Livelihood Centers&rsquo;</strong> through a digital training program. Over 3.6 lakh tribal gatherers will be involved in the scheme.<br />
<ul style="list-style-type: disc;">
<li>A total of 1205 <a href="/daily-updates/daily-news-analysis/van-dhan-internship-programme" target="_blank" rel="noopener"><strong>Van Dhan Vikas Kendras</strong> </a>(VDVKs) have been sanctioned in 27 States and 1 Union territory involving around 18,075 Van Dhan Self Help Groups.</li>
</ul>
</li>
</ul>
</li>
</ul>
<p><a href="https://pib.gov.in/newsite/PrintRelease.aspx?relid=201136" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
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		'article_id' => (int) 4927,
		'category_id' => (int) 27,
		'title' => 'Year End Review 2019: Ministry of Tribal Affairs',
		'description' => '<h3>Important Schemes and Policies</h3>
<p><strong>Pradhan Manti Van Dhan Yojana (PMVDY)</strong></p>
<ul style="list-style-type: square;">
<li>It is a market-linked tribal entrepreneurship development program for forming clusters of tribal SHGs and strengthening them into Tribal Producer Companies.</li>
<li>Launched in 2018, the scheme is being implemented by<a href="/important-institutions/drishti-specials-important-institutions-national-institutions/apeda-trifed" target="_blank" rel="noopener"><strong> TRIFED.</strong></a></li>
<li>PMVDY is an initiative targeting livelihood generation for tribals by harnessing the wealth of forest i.e. Van Dhan.</li>
<li>The programme aims to tap into traditional knowledge &amp; skill sets of tribals by adding technology &amp; IT to upgrade it at each stage and to convert the tribal wisdom into a viable economic activity.</li>
<li>The Van Dhan initiative shall promote and leverage the collective strength of tribals to achieve a viable scale to take on the predatory market forces in the areas where these are still prevalent.</li>
<li>Proposition is to set-up tribal community owned Minor Forest Produce (MFP)-centric multi-purpose Van Dhan Vikas Kendras (the Kendra) in predominantly tribal districts.</li>
</ul>
<p><a href="/daily-updates/daily-news-analysis/eklavya-model-residential-schools" target="_blank" rel="noopener"><strong>Eklavya Model Residential Schools (EMRSs)</strong></a></p>
<ul style="list-style-type: square;">
<li>55 EMRSs have been made functional in 2019 with an enrolment of 4833 new students.</li>
<li><a href="/daily-updates/daily-news-analysis/eklavya-model-residential-and-day-boarding-schools" target="_blank" rel="noopener"><strong>Eklavya Model Residential Schools (EMRS)</strong> </a>started in the year 1997-98 to impart quality education to ST children in remote areas.</li>
<li>As per the budget 2018-19, every block with more than 50% Schedule Tribe (ST) population and at least 20,000 tribal persons, will have an Eklavya Model Residential School by the year 2022.</li>
<li>These are being set up by grants provided under Article 275(1) of the Constitution.</li>
<li>There will be an autonomous society under the ministry of tribal affairs &mdash; similar to Navodaya Vidyalaya Samiti &mdash; to run the EMRSs.</li>
<li><strong>Objective:</strong> To provide quality middle and high-level education to Scheduled Tribe (ST) students in remote areas, not only to enable them to avail of reservation in high and professional educational courses and as jobs in government and public and private sectors but also to have access to the best opportunities in education at par with the non ST population.</li>
</ul>
<p><strong>Minor Forest Produce</strong></p>
<ul style="list-style-type: square;">
<li>The number of Minor Forest Produce (MFPs) notified has been revised from 23 to 49 under &lsquo;Mechanism for Marketing of MFP through Minimum Support Price (MSP) and Development of Value Chain for MFP&rsquo; scheme. MFPs contribute up to 80% of tribal communities&rsquo; cash income.</li>
<li>Launched in 2013, the central sector scheme aims to ensure fair monetary returns to MFP gatherers for their efforts in the collection, primary processing, storage, packaging, transportation etc.</li>
<li>The scheme envisages fixation and declaration of Minimum Support Price for the selected MFP based on the suggestions /inputs received from TRIFED.</li>
<li>MFPs include all non-timber forest produce of plant origin and will include bamboo, canes, fodder, leaves, gums, waxes, dyes, resins and many forms of food including nuts, wild fruits, Honey, Lac, Tusser etc.</li>
<li>The Minor Forest Produces provide both subsistence and cash income for people who live in or near forests. They form a major portion of their food, fruits, medicines and other consumption items and also provide cash income through sale.</li>
<li>Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, defined MFPs for the first time in 2007.</li>
</ul>
<p><strong>e-Governance Initiatives for ST Welfare Schemes</strong></p>
<ul style="list-style-type: square;">
<li>Ministry is funding about 250 NGOs for 350 projects mainly on Health and Education in the deficient service area, LWS areas, Border areas.</li>
<li>In order to bring transparency and efficiency in the release of funds to NGOs, the process of inviting applications, verification and release of funds is through a dedicated NGO portal.</li>
<li>Each NGO can now track the status of its application. In order to ensure NGOs utilize funds for the given purpose only, funds are monitored through EAT Module.</li>
</ul>
<div class="border-bg">
<p><strong>Note:</strong></p>
<p><strong>EAT (Expenditure Advance Transfer) Module-</strong> Expenditure is done for running office requirement. Advance is given to Vendors, Staff and Beneficiaries for supply or service. Transfer is always done to the lower level agency. EAT Module is also called Expenditure Filing Module.</p>
</div>
<p><strong>Focus on Health, Water and Livelihood</strong></p>
<ul style="list-style-type: square;">
<li>Ice stupas are being established in 50 villages in Ladakh which will solve the problem of drinking water and water required for agriculture.</li>
<li>Projects have been given to some of the private companies on sheep rearing, packaging of apricot and peas.</li>
<li>Ministry has prepared a Health Action Plan to mitigate the gaps in health infrastructure and other health services in the tribal dominated areas.</li>
</ul>
<p><strong>Tribal Healers and Knowledge</strong></p>
<ul style="list-style-type: square;">
<li>Tribals have vast traditional knowledge of treating diseases with locally available medicinal plants.</li>
<li>Tribal Research Institute (TRI) Uttarakhand has been made nodal TRI for coordination of research works being conducted for tribal medicine by various Centres of Excellence and TRIS so as to create a centralized knowledge hub on the subject.</li>
</ul>
<p><strong>Tribal Forest Rights</strong></p>
<ul style="list-style-type: square;">
<li>Ministry of Environment, Forest and Climate Change has completely withdrawn the draft amendment to Indian Forest Act (IFA), 1927.</li>
<li>The amendments had drawn a lot of criticism from tribal organisations as it gave forest officers the power to shoot people and notify any area as &lsquo;production forests&rsquo; among other issues.</li>
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		'title' => 'Government to Launch Mahua-based Alcoholic Drink',
		'description' => '<h3>Why in News</h3>
<p>The central government is set to launch a <strong>mahua-based alcoholic beverage &lsquo;Mahua Nutribeverage&rsquo;</strong> in the market for the first time.</p>
<ul style="list-style-type: square;">
<li>The Beverage will come in <strong>six fruit-based flavours</strong> and will be available at the price of ₹700 for a 750ml bottle.</li>
<li>This is the <strong>first time</strong> that the <strong>Ministry of Tribal Affairs</strong> is getting into bottling and sale of alcoholic beverages.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>The beverage has a <strong>high nutritional value</strong> and <strong>relatively low alcohol</strong> content (5%).</li>
<li>It has been developed by the <strong>Indian Institute of Technology (IIT) Delhi</strong> in collaboration with the T<a href="/important-institutions/drishti-specials-important-institutions-national-institutions/apeda-trifed" target="_blank" rel="noopener"><strong>ribal Cooperative Marketing Development Federation of India</strong></a> <strong>(TRIFED).</strong><br />
<ul style="list-style-type: circle;">
<li>TRIFED is a <strong>national-level apex organization</strong> functioning under the administrative control of the Ministry of Tribal Affairs.</li>
</ul>
</li>
<li>TRIFED has signed a memorandum with the <strong><a href="/daily-updates/daily-news-analysis/mission-raksha-gyan-shakti-1" target="_blank" rel="noopener">National Research Development Corporation</a> (NRDC)</strong> to undertake the assignment of technology transfer to the suitable entrepreneurs for production and marketing of the beverage.</li>
<li>The marketing is being undertaken under the <a href="/daily-updates/daily-news-analysis/van-dhan-internship-programme" target="_blank" rel="noopener"><strong>Van Dhan Vikas Karyakram.</strong></a><br />
<ul style="list-style-type: circle;">
<li>It is <strong>Tribal Affairs Ministry&rsquo;s value-addition scheme</strong> which was launched in <strong>Chhattisgarh&rsquo;s Bijapur in 2018.</strong></li>
<li>The nation-wide programme earmarked ₹500-600 crore for training tribal clusters to add value to their produce and sell it in a packaged format, aiming to increase their income manifold.</li>
<li>The products marketed under the scheme include only those that need <strong>primary-level processing,</strong> including handicrafts, textiles, food items, jams and pulps and jewellery.</li>
</ul>
</li>
<li>Besides mahua, other tribal staples such as <strong>tamarind and amla</strong> will be de-seeded and brought to the market in the form of candies and jams.</li>
</ul>
<h3>Mahua<a href="http://www.drishtiias.com/images/uploads/1583915376_image1.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1583915376_image1.jpg" style="float: right;" width="280" caption="false" /></a></h3>
<ul style="list-style-type: square;">
<li>Its scientific name is <strong>Madhuca indica.</strong></li>
<li>It is a prominent forest tree in tribal areas of <strong>Bastar (Chhattisgarh)</strong> and plays an important role in the rural economy.</li>
<li>The mahua flowers are a<strong> rich source of sugars</strong> and are said to contain <strong>vitamins, minerals and calcium.</strong></li>
<li>The flowers are fermented and distilled yielding spirituous liquor also known as <strong>&lsquo;country beer&rsquo;.</strong></li>
<li>An <strong>estimated 90% of the annual production</strong> of Mahua flower is used in the process of brewing beverages.</li>
</ul>
<p><a href="https://indianexpress.com/article/india/government-to-launch-mahua-based-alcoholic-drink-6307451/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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		'article_id' => (int) 4565,
		'category_id' => (int) 21,
		'title' => 'Initiatives for Tribal Communities',
		'description' => '<h3>Why in News</h3>
<p>The <strong>Ministry of Tribal Affairs</strong> has launched the &ldquo;Programme for Capacity Building of Scheduled Tribe Representatives in Local Self Governments&rdquo; along with &ldquo;1000 Springs Initiatives&rdquo;.</p>
<ul style="list-style-type: square;">
<li>An online portal on GIS-based Spring Atlas has also been launched.</li>
</ul>
<h3>Capacity Building Initiative</h3>
<ul style="list-style-type: square;">
<li>It is aimed at<strong> empowering tribal <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/panchayati-raj-institution-pri" target="_blank" rel="noopener">Panchayati Raj Institution (PRI)</a> representatives</strong> by enhancing their decision making capabilities at local government level.</li>
<li>Apart from tribal development, it also focuses on <strong>constitutional and legal provisions</strong> that protect and promote the rights and welfare of the tribal population.</li>
</ul>
<h3>1000 Springs Initiative</h3>
<ul style="list-style-type: square;">
<li>The initiative aims at improving <strong>access to safe and adequate water for the tribal communities</strong> living in difficult and inaccessible parts of rural areas in the country.</li>
<li>The initiative will help in <strong>harnessing the potential of perennial springs&rsquo; water</strong> to address natural scarcity of water in tribal areas. <br />
<ul style="list-style-type: circle;">
<li>Springs are <strong>natural sources of groundwater discharge</strong> and have been used extensively in the mountainous regions across the world, including India.<br />
<ul style="list-style-type: disc;">
<li>60% of the Indian Himalayan region residents depend on springs, though, 50% of the springs in the Indian Himalayan region have already dried up.</li>
</ul>
</li>
<li>However, in the central and eastern Indian belt with more than 75% tribal population, springs remain largely unrecognized and under-utilized.</li>
</ul>
</li>
<li>It includes provision of infrastructure for piped water supply for drinking; provision of water for irrigation; community-led total sanitation initiatives; and provision for water for backyard nutrition gardens, generating sustainable livelihood opportunities for the tribal people.</li>
</ul>
<h3>Online portal on GIS-based Spring Atlas</h3>
<ul style="list-style-type: square;">
<li>It has been developed to make the <strong>data about hydrological and chemical properties of the Springs</strong> easily accessible from an online platform.</li>
<li>As of now, data of more than 170 springs have been uploaded on the Spring Atlas.</li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1604574" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
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	(int) 5 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4483,
		'category_id' => (int) 21,
		'title' => 'National Commission for Scheduled Tribes',
		'description' => '<h3>Why in News</h3>
<p>The National Commission for Scheduled Tribes (NCST) organised its 16<sup>th</sup> foundation day.</p>
<ul style="list-style-type: square;">
<li>On this occasion, the NCST has also decided to institute a national award named as <strong>&ldquo;NCST Leadership Award&rdquo;</strong> which will be conferred for significant and exemplary services towards Scheduled Tribes (STs) in the country.</li>
</ul>
<div class="border-bg">
<p><strong>Schedule Tribes</strong></p>
<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>The Constitution does <strong>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, <strong>Article 366(25)</strong> of the Constitution only provides process to define 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;<br />
<ul style="list-style-type: circle;">
<li><strong>342(1):</strong> The President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor, by a public notification, specify the tribes or tribal communities or part of or groups within tribes or tribal communities as Scheduled Tribe in relation to that State or Union Territory.</li>
</ul>
</li>
<li>There are over <strong>700 tribes</strong> which have been notified.</li>
<li>The<strong> largest number</strong> of tribal communities (62) are found in <strong>Odisha.</strong></li>
<li><strong>No Tribe</strong> was identified in <strong>Haryana, Punjab, Chandigarh, Delhi, and Pondicherry.</strong></li>
</ul>
<p><strong>Few Related Committees</strong></p>
<ul style="list-style-type: square;">
<li>The <strong>Lokur Committee (1965)</strong> was set up to look into criteria for defining Schedule Tribes. The Committee recommended 5 criteria for identification, namely, <strong>primitive traits, distinct culture, geographical isolation, shyness of contact with the community at large, </strong>and<strong> backwardness.</strong></li>
<li><strong>Bhuria Commission (2002-2004)</strong> focused on a wide range of issues from the <strong>5<sup>th</sup> Schedule</strong> to tribal land and forests, health and education, the working of Panchayats and the status of tribal women.</li>
<li>A High-Level Committee (HLC) in 2013, under chairmanship of Prof. Virginius Xaxa was constituted to study the 5 critical issues related to tribal communities : (1) livelihood and employment, (2) education, (3) health, (4) involuntary displacement and migration, (5) and legal and constitutional matters.</li>
</ul>
</div>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Formation:</strong> NCST was set up with effect from 19<sup>th</sup> February, 2004 by amending Article 338 and by inserting a new article <strong>338A</strong> in the Constitution through the 89th Constitution Amendment Act, 2003. Hence, it is a <strong>constitutional body.</strong></li>
<li><strong>Objective:</strong> Article 338A inter-alia gives powers to the to NCST <strong>oversee the implementation of various safeguards provided to STs under the Constitution or under any other law for time being in force or under any other order to the Government and to evaluate the working of such safeguards.</strong></li>
<li><strong>Composition :</strong> It consists of a Chairperson, a Vice-Chairperson and 3 other Members who are appointed by the President by warrant under his hand and seal.<br />
<ul style="list-style-type: circle;">
<li>At least one member should be a woman.</li>
<li>The Chairperson, the Vice-Chairperson and the other Members hold office for a term of<strong> 3 years.</strong></li>
<li>The members are <strong>not eligible for appointment for more than two terms.</strong></li>
</ul>
</li>
<li>The Chairperson has been given the rank of Union Cabinet Ministers, the Vice Chairperson has the rank of a Minister of State and other Members have the rank of a Secretary to the Government of India.</li>
</ul>
<h3>Duties and Functions</h3>
<ul style="list-style-type: square;">
<li>To<strong> investigate and monitor all matters relating to the safeguards provided for the STs</strong> under the Constitution or under any other law for the time being in force or under any order of the Government.</li>
<li>To <strong>inquire into specific complaints</strong> with respect to the deprivation of rights and safeguards of the STs.</li>
<li>To <strong>participate and advise</strong> in the planning process of socio-economic development of the STs and to evaluate the progress of their development.</li>
<li>To present to the <strong>President,</strong> annually and at such other times as the Commission may deem fit, <strong>reports upon the working of those safeguards.</strong><br />
<ul style="list-style-type: circle;">
<li>To make in such reports, recommendations as to the measures that should be taken by the Union or any State for effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes.</li>
</ul>
</li>
<li>To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may subject to the provisions of any law made by Parliament by rule specify.</li>
</ul>
<p><a href="https://pib.nic.in/PressReleseDetail.aspx?PRID=1603616" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
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	(int) 6 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4426,
		'category_id' => (int) 21,
		'title' => 'Reservation Issue in AP',
		'description' => '<h3>Why in News</h3>
<p>The Supreme Court has questioned the <strong>Andhra Pradesh government&rsquo;s decision in 1988 to provide a 100% <a href="/to-the-points/Paper2/reservation-in-india" target="_blank" rel="noopener">reservation</a> to Scheduled Tribes for teacher posts in Scheduled Areas.</strong></p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>The Supreme Court has mentioned that the 100% reservation would deprive other backward communities (including SCs, OBCs) of availing reservation benefits.</li>
<li>The notification to provide a 100% reservation to Scheduled Tribes (STs) for teacher posts in Scheduled Areas was <strong>issued by</strong> then <strong>governor of the Andhra Pradesh.</strong><br />
<ul style="list-style-type: circle;">
<li>The <strong>Fifth Schedule of the Indian Constitution</strong> dealing with the administration of Scheduled Areas vests the Governor with legislative and administrative powers.</li>
</ul>
</li>
<li>The Supreme Court also <strong>questioned</strong> the <strong>availability of data</strong> based on which the Governor of the Andhra Pradesh decided that ST is the only deprived group in the area.<br />
<ul style="list-style-type: circle;">
<li><strong>Article 16 (4)</strong> of the Constitution empowers the state to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state.</li>
</ul>
</li>
<li>The Supreme Court ruled that the Governor's <strong>decision can&rsquo;t be above the law</strong> while referring to its <strong>judgment</strong> in <a href="/to-the-points/Paper2/reservation-in-india" target="_blank" rel="noopener"><strong>Indira Sawhney case of 1992</strong></a> which mentioned that <strong>the reservation limit should not exceed 50 % except in exceptional circumstances.</strong></li>
</ul>
<div class="border-bg">
<p><strong>Fifth Schedule of the Indian Constitution</strong></p>
<ul style="list-style-type: square;">
<li>The Fifth Schedule of the Constitution deals with the <strong>administration and control of scheduled areas and scheduled tribes in any state except</strong> the four states of Assam, Meghalaya, Tripura and Mizoram.</li>
<li>The scheduled areas are treated differently from the other areas in the country because they are inhabited by<strong> &lsquo;aboriginals&rsquo; who are socially and economically rather backwards,</strong> and special efforts need to be made to improve their condition. Therefore, the whole of the<strong> normal administrative machinery operating in a state is not extended</strong> to the scheduled areas.</li>
<li><strong>Declaration of Scheduled Areas:</strong> The <strong>President is empowered</strong> to declare an area to be a scheduled area. He can also increase or decrease its area, alter its boundary lines, rescind such designation or make fresh orders for such re-designation on an area in consultation with the governor of the state concerned.</li>
<li><strong>Administration of Scheduled Areas:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Executive Power of State and Centre</strong><br />
<ul style="list-style-type: disc;">
<li>The executive power of a state extends to the scheduled areas therein. But the <strong>governor has a special responsibility regarding such areas.</strong> He has to submit a report to the President regarding the administration of such areas, annually or whenever so required by the President.</li>
<li>The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.</li>
</ul>
</li>
<li><strong>Tribes Advisory Council:</strong> Each state having scheduled areas has to establish a tribes advisory council to advise on welfare and advancement of the scheduled tribes.</li>
<li><strong>Law applicable to Scheduled Areas</strong><br />
<ul style="list-style-type: disc;">
<li>The Governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions.</li>
<li>He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council.</li>
<li>Also, a regulation may repeal or amend any act of Parliament or the state legislature, which is applicable to a scheduled area. But, all such regulations require the assent of the President.</li>
</ul>
</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://indianexpress.com/article/india/100-st-quota-in-teacher-posts-in-scheduled-areas-what-will-scs-obcs-do-sc-pulls-up-andhra-govt-6265242/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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	(int) 7 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4415,
		'category_id' => (int) 21,
		'title' => 'Scheduled Tribes in Karnataka',
		'description' => '<h3>Why in News</h3>
<p>Recently, the Lok Sabha passed the <strong>Constitution (Scheduled Tribes) Order (Second Amendment) Bill, 2019.</strong></p>
<ul style="list-style-type: square;">
<li>It seeks to include the <strong>Parivara</strong> and the <strong>Taliwara</strong> communities in the <a href="/summary-of-important-reports/xaxa-committee-on-tribal-communities-of-india" target="_blank" rel="noopener"><strong>Scheduled Tribes</strong></a> <strong>(ST) category</strong> to ensure they get a reservation and other benefits provided by the government.</li>
<li>The <strong>Siddi</strong> tribes of Belagavi and Dharwad would also be included in the category apart from those living in the Uttar Kannada districts of <strong>Karnataka.</strong></li>
<li>The Bill was passed in the Rajya Sabha in 2019 and it will amend <strong>Part VI</strong> of the <strong>Constitution (Scheduled Tribes) Order, 1950,</strong> that specifies the <strong>tribal and tribal communities which are deemed to be Scheduled Tribes.</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Part VI of the order contains the list of Scheduled Tribes in Karnataka.</strong></li>
</ul>
</li>
</ul>
<h3>Parivara and Taliwara</h3>
<ul style="list-style-type: square;">
<li>It is estimated that the population of the Parivara community at roughly 2.58 lakh and that of the Taliwara community at 8.6 lakh.</li>
<li>It added that most people from these communities live in <strong>Mysore, Chamrajanagara, Mandya and Tumkur</strong> districts and a &ldquo;thin population&rdquo; resides in <strong>Udupi, South Canara and North Canara districts of Karnataka</strong> with a majority of them employed as coolies, engaged in collecting firewood, husbandry and the cottage industry, thereby leading a life of lower status.</li>
<li>The study states that the communities&rsquo; life cycle rituals, language, lifestyle, the standard of living, physical features, socio-economic and educational status and their geographical isolation are similar to that of Beda, Nayaka and Valmiki which are already included in the ST category in the state of Karnataka.</li>
<li>As per the government, Pariwara and Taliwara are <strong>socially, politically, economically and educationally backwards.</strong></li>
</ul>
<h3>Siddi Tribe</h3>
<ul style="list-style-type: square;">
<li>The Siddi community is also known by different synonyms such as <strong>Habshi and Badsha.</strong></li>
<li>It is believed that they are of <strong>African origin</strong> because they clearly show the <strong>Negroid racial strain</strong> in their physical features.<br />
<ul style="list-style-type: circle;">
<li><strong>Descendants of Bantu people of East Africa,</strong> Siddi ancestors were largely brought to India as slaves by Arabs as early as the 7<sup>th</sup> Century, followed by the Portuguese and the British later on.</li>
<li>When slavery was abolished in the 18<sup>th</sup> and 19<sup>th</sup> centuries, Siddis fled into the country&rsquo;s thick jungles, fearing recapture and torture.</li>
</ul>
</li>
<li>At present, the Siddis are living on the <strong>western coast of Gujarat, Maharashtra and Karnataka states.</strong> In Karnataka, they mainly live in Dharwad, Belagavi and Uttar Kannada districts.</li>
<li>In India, the Union government in <strong>2003, classified Siddis under the list of Scheduled Tribes.</strong></li>
<li>They are included in the Centre&rsquo;s list of <a href="/daily-updates/daily-news-analysis/particularly-vulnerable-tribal-groups" target="_blank" rel="noopener"><strong>Particularly Vulnerable Tribal Groups</strong></a></li>
<li><strong>Previously</strong> they depended on<strong> hunting and gathering</strong> but<strong> at present,</strong> their main source of livelihood is <strong>labour and agriculture.</strong></li>
</ul>
<p><a href="https://www.thehindu.com/news/national/lok-sabha-clears-bill-to-include-more-tribes-in-karnataka-in-st-category/article30793694.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 4404,
		'category_id' => (int) 21,
		'title' => 'SC Upholds Changes to SC/ST Atrocities Law',
		'description' => '<h3>Why in News</h3>
<p>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> has upheld the constitutional validity of the <a href="/daily-updates/daily-news-analysis/cabinet-clears-bill-to-restore-the-provisions-of-sc-st-act" target="_blank" rel="noopener"><strong>Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018.</strong></a></p>
<ul style="list-style-type: square;">
<li>The Amendment Act nullified the Court&rsquo;s 20<sup>th</sup> March, 2018 judgment which had diluted the stringent provisions of the original Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.</li>
<li>Petitions were filed challenging the 2018 Amendment Act on the grounds of violation of the <strong>fundamental right to equality (Article 14)</strong> and <strong>personal liberty (Article 21).</strong></li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1581420950_image6.png" target="_blank" rel="noopener"><strong><img class="content-img" src="http://www.drishtiias.com/images/uploads/1581420950_image6.png" style="display: block; margin-left: auto; margin-right: auto;" caption="false" width="640" height="456" /></strong></a></p>
<h3>Salient Features of the Amendment Act, 2018</h3>
<ul style="list-style-type: square;">
<li>It added <strong>Section 18A</strong> to the original Act.</li>
<li>It delineates <strong>specific crimes</strong> against Scheduled Castes and Scheduled Tribes as atrocities and <strong>describes strategies and prescribes punishments</strong> to counter these acts.</li>
<li>It identifies what acts constitute<strong> &ldquo;atrocities&rdquo;</strong> and all offences listed in the Act are <strong>cognizable.</strong> The police can arrest the offender without a warrant and start an investigation into the case without taking any orders from the court.</li>
<li>The Act calls upon all the states to convert an existing sessions court in each district into a <strong>Special Court</strong> to try cases registered under it and provides for the <strong>appointment of Public Prosecutors/Special Public Prosecutors</strong> for conducting cases in special courts.</li>
<li>It creates provisions for states to declare areas with high levels of caste violence to be<strong> &ldquo;atrocity-prone&rdquo;</strong> and to appoint qualified officers to monitor and maintain law and order.</li>
<li>It provides for the <strong>punishment for wilful neglect of duties by non-SC/ST public servants.</strong></li>
<li>It is <strong>implemented by the State Governments and Union Territory Administrations,</strong> which are<strong> provided due central assistance.</strong></li>
</ul>
<div class="border-bg">
<p><strong>Section 18A states that</strong></p>
<ul style="list-style-type: square;">
<li>For the Prevention of Atrocities Act, the preliminary enquiry shall not be required for registration of a First Information Report against any person.</li>
<li>The provision of section 438 (pre-arrest bail) of the Code of Criminal Procedure (CrPC) shall not apply to a case under the Act, notwithstanding any judgment or order or direction of any Court.</li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/national/supreme-court-upholds-constitutional-validity-of-scst-amendment-act-2018/article30780857.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 9 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4386,
		'category_id' => (int) 21,
		'title' => 'Reservations in Promotion is Not a Fundamental Right: SC',
		'description' => '<h3>Why in News</h3>
<p>The Supreme Court has recently ruled that the <strong>states are not bound to provide <a href="/to-the-points/Paper2/reservation-in-india" target="_blank" rel="noopener">reservation</a> in appointments and promotions</strong> and that there is <strong>no fundamental right to reservation in promotions.</strong></p>
<div class="border-bg">
<p><strong>Related Constitutional Provisions about Reservation</strong></p>
<ul style="list-style-type: square;">
<li><strong>Article 16(4)</strong> empowers the state to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state.</li>
<li>By way of the <strong>77<sup>th</sup> Amendment Act,</strong> a new clause <strong>(4A)</strong> was added to Article 16, empowering the state to make provisions for reservation in matters of promotion to <a href="/daily-updates/daily-news-editorials/creamy-layer-for-sc-s-st-s" target="_blank" rel="noopener"><strong>Scheduled Caste/Scheduled Tribe</strong></a> employees if the state feels they are not adequately represented in services.</li>
</ul>
</div>
<h3>Key Points from the Ruling</h3>
<ul style="list-style-type: square;">
<li><strong>Article 16 (4) and 16 (4A) of the Constitution are in the nature of enabling provisions,</strong> vesting a discretion on the state government to consider providing reservation, if the circumstances so warrant. <br />
<ul style="list-style-type: circle;">
<li>The state government cannot be directed to provide reservation for appointment in public posts. Similarly, the state is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions.</li>
</ul>
</li>
<li><strong>Articles 16 (4) and 16 (4-A)</strong> of the Constitution did not confer individuals with a fundamental right to claim reservations in promotion.<br />
<ul style="list-style-type: circle;">
<li>The Articles empower the State to make reservations in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes only &ldquo;if in the opinion of the State they are not adequately represented in the services of the State&rdquo;.</li>
<li>Thus, the State government has discretion &ldquo;to consider providing reservations, if the circumstances so warrant&rdquo;.</li>
<li>However, if a State wishes to exercise its discretion and make reservation in promotions, it has to first collect quantifiable data showing inadequacy of representation of a class or community in public services.</li>
</ul>
</li>
<li><strong>Subject to Judicial Review</strong><br />
<ul style="list-style-type: circle;">
<li>If the decision of the state government to provide SC/ST reservation in promotion to a particular public post is challenged, it would have to place the data and prove before the court that reservation was necessary and does not affect the efficiency of administration.</li>
</ul>
</li>
</ul>
<p><a href="https://indianexpress.com/article/india/states-not-bound-to-give-reservation-in-jobs-promotions-supreme-court-6259549/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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	(int) 10 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4286,
		'category_id' => (int) 21,
		'title' => 'Bodo Accord',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <strong>central government, the Assam government and the Bodo groups,</strong> including all factions of the militant<strong> National Democratic Front of Bodoland (NDFB)</strong>, signed an agreement to redraw and rename the <strong>Bodoland Territorial Area District (BTAD)</strong> as the <strong>Bodoland Territorial Region (BTR), </strong>in <strong>Assam.</strong></p>
<ul style="list-style-type: square;">
<li>BTAD is spread over four districts of <strong>Kokrajhar, Chirang, Baksa and Udalguri.</strong></li>
<li>The BTAD and other areas mentioned under the <a href="/loksabha-rajyasabha-discussions/indepth-6th-schedule-and-ilp" target="_blank" rel="noopener"><strong>Sixth Schedule of the Constitution</strong></a> have been exempted from the <a href="/to-the-points/Paper2/citizenship-amendment-act-2019" target="_blank" rel="noopener"><strong>Citizenship (Amendment) Act (CAA), 2019.</strong></a></li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>Bodoland Territorial Region would include the villages which are dominated by Bodos but are outside BTAD presently. Villages with non-Bodo population would be excluded from it.<br />
<ul style="list-style-type: circle;">
<li>A committee will be formed to decide the exclusion and inclusion of new areas. Subsequently, the total number of Assembly seats will go up to 60, from the existing 40.</li>
<li>Both the representatives of the <strong>All Bodo Students Union (ABSU)</strong> and of <strong>Bodoland Territorial Council (BTC)</strong> will be present in the committee.</li>
<li><strong>Bodo-Kachari Welfare Council</strong> will be set up for focused development of Bodo villages outside BTAD.</li>
</ul>
</li>
<li>Bodos living in the hills would be conferred a <strong>Scheduled Hill Tribe status.</strong></li>
<li><strong>Bodo language with Devanagari script</strong> would be the <strong>associate official language</strong> for the entire <strong>Assam.</strong></li>
<li>However, the agreement has <strong>not addressed the issue of &ldquo;citizenship or work permit&rdquo;</strong> for non-domiciles in the BTAD yet.</li>
<li>Around 1500 cadres of <strong>NDFB will be rehabilitated and assimilated</strong> by the Central and the state governments.<br />
<ul style="list-style-type: circle;">
<li>The criminal cases registered against factions of NDFB members for <strong>non-heinous crimes</strong> shall be<strong> withdrawn</strong> and the cases of <strong>heinous crimes</strong> will be <strong>reviewed.</strong></li>
</ul>
</li>
<li><strong>Comprehensive solutions</strong> have been made to redress the grievances of the people.<br />
<ul style="list-style-type: circle;">
<li>Families of the people killed during the Bodo movement would get ₹5 lakh each.</li>
<li>A <strong>Special Development Package</strong> of ₹1500 crore would be given by the Centre to undertake specific projects for the development of Bodo areas.</li>
</ul>
</li>
</ul>
<h3>Benefits</h3>
<ul style="list-style-type: square;">
<li>The accord will successfully<strong> bring together leading stakeholders</strong> under one framework.</li>
<li>People previously associated with armed resistance groups will enter the mainstream and contribute to the nation&rsquo;s progress.</li>
<li>It will further <strong>protect and popularise the unique culture of the Bodo people</strong> and will give them access to a wide range of development-oriented initiatives.</li>
<li>It will bring <strong>peace, harmony and togetherness</strong> in the people of Assam.</li>
</ul>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li>Bodos are the <strong>single largest community</strong> among the <strong>notified Scheduled Tribes in Assam.</strong> Bodos are a part of <strong>Bodo-Kachari</strong> and constitute about <strong>5-6%</strong> of Assam&rsquo;s population.</li>
<li>The<strong> first organised demand</strong> for a Bodo state came in 1967-68.</li>
<li>The <strong>Assam Accord of 1985,</strong> gave rise to Bodo aspirations and in <strong>1987,</strong> ABSU revived the <a href="/to-the-points/Paper2/statehood-demand" target="_blank" rel="noopener"><strong>Bodo statehood demand.</strong></a></li>
<li>Bodo Security Force which arose in 1986 as an armed group renamed itself NDFB, and later split into factions.</li>
<li>The<strong> first Bodo accord</strong> was signed with the <strong>ABSU in 1993.</strong> It led to the creation of the <strong>Bodoland Autonomous Council (BAC)</strong> with some limited political powers.</li>
<li>In <strong>2003,</strong> the <strong>second Bodo Accord</strong> was signed by the extremist group <strong>Bodo Liberation Tiger Force (BLTF),</strong> the Centre and the state. This led to the<strong> creation of BTC,</strong> which is an <strong>autonomous body</strong> under the <strong>Sixth Schedule</strong> of the Constitution.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/other-states/govt-signs-accord-with-ndfb-absu-to-resolve-bodo-issue/article30665589.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 4274,
		'category_id' => (int) 21,
		'title' => 'Incidence of NCDs in MP',
		'description' => '<h3>Why in News</h3>
<p>Recently, a screening drive was carried out by the<a href="/daily-updates/daily-news-analysis/national-health-mission-and-janani-suraksha-yojana" target="_blank" rel="noopener"><strong> National Health Mission</strong> </a><strong>(NHM)</strong> under the <strong>Centre&rsquo;s Non-Communicable Disease Control Programmes</strong> in <strong>Madhya Pradesh.</strong></p>
<h3>Key Points<a href="http://www.drishtiias.com/images/uploads/1580124778_image2.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1580124778_image2.png" style="float: right;" width="400" caption="false" /></a></h3>
<ul style="list-style-type: square;">
<li><a href="/daily-updates/daily-news-analysis/non-communicable-diseases-in-india" target="_blank" rel="noopener"><strong>Non-communicable diseases</strong></a> like hypertension, diabetes and cancer are posing a <strong>bigger challenge in the non-tribal rural areas</strong> of Madhya Pradesh owing to a rapidly <strong>growing rate of incidence and the lack of awareness.</strong><br />
<ul style="list-style-type: circle;">
<li>Urban areas have more awareness which translates into patients undergoing treatment despite a high incidence and the burden is moderate.</li>
<li>However, the burden is increasing in rural areas due to low awareness.</li>
</ul>
</li>
<li>It needs to be noted that <strong>despite the low awareness levels,</strong> there was a <strong>low incidence in the 89 tribal blocks</strong> in the State, which <strong>has the largest tribal population</strong> in the country.</li>
<li>Of the <strong>country&rsquo;s 100 districts with the highest prevalence of hypertension, 15</strong> were in Madhya Pradesh.<br />
<ul style="list-style-type: circle;">
<li>The <strong>India Hypertension Control Initiative,</strong> supported by the <a href="/important-institutions/drishti-specials-important-institutions-international-institution/world-health-organization-who" target="_blank" rel="noopener"><strong>World Health Organisation</strong></a> <strong>(WHO)</strong>, is catering to patients above 18 suffering from the diseases in various districts of the state.</li>
</ul>
</li>
</ul>
<h3>Non-Communicable Disease Control Programmes</h3>
<ul style="list-style-type: square;">
<li>It is a <strong>group of various national programmes</strong> which focus on different non-communicable diseases separately. For example- National Mental Health Programme, National Oral Health Programme, National Tobacco Control Programme, etc.</li>
<li>The programmes <strong>focus on identifying non-communicable diseases at the Primary Health Centre (PHC) level</strong> itself and ensuring treatment up to the district-level and follow-ups with patients to continue medication.</li>
<li><strong>Also, Accredited Social Health Activist (ASHA)</strong> workers go door-to-door to draft family profiles and screen them for the non-communicable diseases instead of patients visiting a health centre.</li>
</ul>
<div class="border-bg">
<p><strong>India Hypertension Control Initiative</strong></p>
<ul style="list-style-type: square;">
<li>It is a collaborative project of <strong>Indian Council of Medical Research (ICMR), Ministry of Health and Family Welfare (MoHFW),</strong> State Governments, <strong>WHO</strong> and<strong> &lsquo;Resolve to Save Lives&rsquo;- initiative of Vital Strategies.</strong></li>
<li>It was <strong>launched in November 2017</strong> in 25 selected districts in Punjab, Madhya Pradesh, Kerala, Telangana, and Maharashtra. It was expanded to cover <strong>100 districts</strong> across all states in <strong>2019.</strong></li>
<li>The primary goal of this project is to <strong>reduce morbidity and mortality due to cardiovascular diseases (CVDs),</strong> the leading cause of death in India, by improving the control of high blood pressure, which is a leading risk factor for CVDs among adults in India.</li>
<li><strong>It aims to:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Create patient-centred services</strong> to improve patient support.</li>
<li><strong>Reduce reliance on bigger hospitals</strong> and an increase in the utilization of &lsquo;Health and wellness centres&rsquo; and primary health centres.</li>
<li><strong>Provide for regular monitoring of health facilities</strong> and prompt feedback to program managers to bridge gaps if any in a timely manner.</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/national/non-communicable-diseases-rising-in-non-tribal-rural-regions-of-madhya-pradesh/article30659643.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 12 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4234,
		'category_id' => (int) 22,
		'title' => 'Aboriginals and Climate Change',
		'description' => '<div class="border">
<p>This article is based on <a href="https://indianexpress.com/article/opinion/adi-darshan-the-only-way-to-save-the-planet-6227595/" target="_blank" rel="noopener"><strong>&ldquo;Adi Darshan&rsquo;: The only way to save the planet&rdquo;</strong></a> which was published in The Indian Express on 21/01/2020. It talks about the impact of climate change on aboriginals and them being a solution to it.</p>
</div>
<p>Indigenous people/ Aboriginals/ Tribals are on the frontline of climate change, as they live in parts of the world where its impacts are greatest, impacting livelihoods, culture and lives. However, indigenous peoples and their traditional knowledge can play as change agents, towards mitigating and adapting to climate change.</p>
<h3>Impacts of Climate Change on Indigenous People</h3>
<ul style="list-style-type: square;">
<li>Indigenous people are among the <strong>poorest of the poor</strong> and thus the most threatened segment of the world&rsquo;s population in terms of social, economic and environmental vulnerability.<br />
<ul style="list-style-type: circle;">
<li>Indigenous people are an estimated 5% of the world&rsquo;s population. 80% of these indigenous people are spread across <strong>Asia and the Pacific,</strong> a region particularly <strong>vulnerable to the impacts of climate change,</strong> thereby affecting indigenous people the hardest.</li>
</ul>
</li>
<li>Economic, social and cultural activities of this community depend on <strong>renewable natural resources</strong> that are most at risk to climate variability and extremes.<br />
<ul style="list-style-type: circle;">
<li>Aboriginals protect 22% of the Earth&rsquo;s surface, which harbours 80% of the planet&rsquo;s biodiversity.</li>
<li>Consequently, their role is of particular importance in the sustainable management of resources as well as environmental and biodiversity conservation, which are essential for combating climate change.</li>
</ul>
</li>
<li>They live in <strong>geographical regions and ecosystems</strong> that are the most vulnerable to climate change. These include<strong> polar regions, humid tropical forests, high mountains, small islands, coastal regions, and arid and semi-arid lands,</strong> among others.</li>
<li>High levels of vulnerability and exposure to climate change force <strong>indigenous people to migrate.</strong> This makes them more vulnerable to discrimination, exploitation and environmental hazards in the area of destination.</li>
<li><strong>Gender inequality,</strong> which is a key factor in the deprivation suffered by indigenous women, is exacerbated by climate change.</li>
<li>Indigenous peoples, their rights, and their institutions <strong>often lack recognition.</strong> Consequently, consultation with and participation of indigenous people in decision making is limited in the absence of dedicated public mechanisms.<br />
<ul style="list-style-type: circle;">
<li>The lack of consultation and participation is a root cause of social, economic and environmental vulnerabilities, as well as discrimination and exploitation.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>India&rsquo;s Tribal Policy</strong></p>
<p>Specific parts of the Indian Constitution, the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA, and the Panchsheel Principles of Jawaharlal Nehru, constitute the overall Tribal Policy of India.</p>
<p><strong>Indian Constitution</strong></p>
<ul style="list-style-type: square;">
<li><strong>Fifth and Sixth Schedules-</strong> provide for alternate or special governance mechanism for certain schedule area.</li>
<li>Most of the tribes in India are collectively identified as Scheduled Tribes under <strong>Article 342 (1&amp;2).</strong></li>
<li><strong>Article 244 under Part X</strong> provides special provision for the administration in Scheduled Areas and Tribal Areas notified under Fifth Schedule.</li>
</ul>
<p><strong>The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA</strong></p>
<ul style="list-style-type: square;">
<li>It ensures self-governance through traditional Gram Sabhas for people living in the Scheduled Areas of India. Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India.</li>
<li>It is implemented with respect to a number of issues such as customary resources, minor forest produce, minor minerals, minor water bodies, selection of beneficiaries, the sanction of projects, and control over local institutions.</li>
</ul>
<p><strong>The Tribal Panchsheel policy</strong></p>
<ul style="list-style-type: square;">
<li>People should develop along the lines of their own genius, and the imposition of alien values should be avoided.</li>
<li>TribaI rights in land and forest should be respected.</li>
<li>Teams of tribals should be trained in the work of administration and development.</li>
<li>TribaI areas should not be over administered or overwhelmed with a multiplicity of schemes.</li>
<li>Results should be judged not by statistics or the amount of money spent, but by the human character that is evolved.</li>
</ul>
<p><strong>Other Legislations</strong></p>
<ul style="list-style-type: square;">
<li><strong>Protection of Aboriginal Tribe (Regulation), 1956 and Regulations under Indian Forest Act, 1927</strong> prohibit people other the member of an aboriginal tribe from entering a reserved area in the Andaman and Nicobar Islands.</li>
<li><strong>Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006</strong> concerns the rights of forest-dwelling communities to land and other resources.</li>
</ul>
</div>
<h3>How indigenous people can act as change agents?</h3>
<ul style="list-style-type: square;">
<li><strong>An IPCC report 2018,</strong> states that a significant part of traditional indigenous identity is linked to the natural world. Due to their methods of managing forests and agro-ecological systems, as well as their traditions passed down through the generations.</li>
<li>Indigenous peoples&rsquo; economy primarily depends on natural resources and ecosystems, with which they also share a <strong>complex cultural relationship.</strong> As <strong>natural capital is their core productive asset.</strong> <br />
<ul style="list-style-type: circle;">
<li>Thereby, they act as the <strong>vanguard of running a modern economic model</strong> based on principles of a sustainable green economy.</li>
</ul>
</li>
<li>This is particularly important for climate change mitigation, especially regarding efforts directed at reducing emissions from deforestation and forest degradation and the adaptation of agricultural practices to climate change as well as green growth.</li>
<li>Indigenous peoples&rsquo; <strong>traditional knowledge and cultural approach</strong> to the issue is unique, and of high relevance and value for climate change adaptation.<br />
<ul style="list-style-type: circle;">
<li>For example,<strong> &lsquo;climate-smart agriculture&rsquo; (CSA)</strong> incorporates a combination of traditional and modern techniques, which is one of the most cited and promoted techniques aimed at mitigating, and adapting to, climate change.</li>
<li>Also, this traditional knowledge can help in <strong>crop and livelihood diversification, the use of new materials, seasonal climate forecasting and community-based disaster risk reduction.</strong></li>
<li>For example, it is reported that <strong>Aboriginal Australians</strong> had important knowledge about preventing bushfires that have caused the gravest destruction recently. They deploy a <strong>mosaic cool-fire burning technique</strong> where small patches of low-intensity fires are lit during the cooler months to burn off the bush undergrowth, reducing the number of flammable materials.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>The <strong>S&aacute;mi parliaments in the Nordic countries,</strong> which address issues regarding the erosion of aboriginals' local culture and suggest significant ways to resist &lsquo;mainstreaming&rsquo; and &lsquo;assimilation&rsquo;, can be emulated all across the globe.</li>
<li>ILO's <strong>Indigenous and Tribal Peoples Convention, 1989</strong> must be adopted by all the nations.<br />
<ul style="list-style-type: circle;">
<li>It provides for an important framework for strengthening dialogue among all stakeholders, including indigenous peoples&rsquo; organizations, governments, trade unions and employers&rsquo; organizations to ensure meaningful consultation with and participation of indigenous people in decision making.</li>
</ul>
</li>
<li>The <strong>United Nations Declaration on the Rights of Indigenous Peoples</strong> states that, if you do have access to these communities&rsquo; resources or knowledge, it should only be with their free, prior, and informed consent.</li>
<li>Therefore, rather than treating aboriginals as passive recipients of mainstream cultural practices (external influences on tribal philosophy), society must backtrack in search of a <strong>universal philosophy</strong> that not only captures our intimate oneness with nature but also restores dignity, humanity and collective conscience to the human race.</li>
<li>In this context,<strong> Adi Darshan or discussion on tribal philosophies,</strong> organised by Jharkhand government is a step in the right direction.</li>
</ul>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #4c00ff; background-color: #e1f5ec;"><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span><br /><br />Indigenous people are one of the most vulnerable sections facing climate change, however, they can act as change agents, towards mitigating and adapting to climate change. Discuss.</td>
</tr>
</tbody>
</table>
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	(int) 13 => object(Cake\ORM\Entity) {

		'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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		'article_id' => (int) 4111,
		'category_id' => (int) 21,
		'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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	(int) 15 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4026,
		'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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		'posturl' => 'creamy-layer-for-sc-s-st-s',
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	(int) 16 => object(Cake\ORM\Entity) {

		'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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	(int) 17 => object(Cake\ORM\Entity) {

		'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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		'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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