Constitution (Scheduled Tribes) Order (Amendment) Bill, 2021

The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2021 was passed and it provides for certain changes in ST list for Arunachal Pradesh.

 Constitution (Scheduled Tribes) Order (Amendment) Bill, 2021

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• The story: The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2021 was introduced in Rajya Sabha by the Minister for Tribal Affairs, Mr. Arjun Munda, on August 2, 2021. Rajya Sabha in August 2021 passed the same. It provides for modifying Part-XVIII of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, relating to the state of Arunachal Pradesh.
• Details: The Bill amends the Constitution (Scheduled Tribes) Order, 1950. The Constitution empowers the President to specify the Scheduled Tribes (STs) in various states and union territories. It also permits the Parliament to modify this list of notified STs. The Statement of Objects and Reasons of the Bill states that the Bill has been introduced to give effect to modifications proposed by the state of Arunachal Pradesh. The Bill removes the Abor tribe from the list of identified STs in Arunachal Pradesh.

1. At present, there are 18 communities with their synonyms appearing in the illustrative list of Scheduled Tribes in respect of the state of Arunachal Pradesh.
2. This amendment in the list of Scheduled Tribes, relating to the state of Arunachal Pradesh, will entail no additional recurring expenditure from the Consolidated Fund of India, on account of benefits likely to be provided to persons belonging to the communities proposed in the Bill.
3. The Ministry of Tribal Affairs (MTA) is funding the welfare of 10.45 crores of Scheduled Tribes population (Census, 2011).
4. The Scheduled Tribes are also eligible for benefits under the Scheduled Tribes Component (STC) of schemes under the central government and state governments.
5. The basic objective of Schedule Tribe Component is to channelize/monitor the flow of outlays and benefits from the general sectors in the Central Ministries/Departments for the development of Scheduled Tribes at least in proportion to their population.
6. As stated, the Bill removes the Abor tribe from the list of identified STs in Arunachal Pradesh. Further, it replaces certain STs with other tribes (as indicated below):

Original list // Proposed changes under the Bill
- - - - -
Abor // Deleted from the list
Khampti // Tai Khamti
Mishmi, Idu, and Taroan // Mishmi-Kaman (Miju Mishmi), Idu (Mishmi), and Taraon (Digaru Mishmi)
Momba // Monpa, Memba, Sartang, and Sajolang (Miji)
Any Naga Tribes // Nocte, Tangsa, Tutsa, and Wancho

• Scheduled Tribes in Arunachal Pradesh: Nearly 64.2% of the total population of Arunachal Pradesh is Scheduled Tribes (STs) according to the 2001 Census. The state has registered a decadal growth of 28.1% of ST population in 1991-2001 Census.
• Scheduled Tribe (ST): The Article 366 (25) of the Constitution refers to Scheduled Tribes as those communities whih are scheduled in accordance with Article 342 of the Constitution.

1. Article 342 says that only those communities who have been declared as such by the President through an initial public notification or through a subsequent amending Act of Parliament will be considered to be Scheduled Tribes.
2. The list of Scheduled Tribes is State/UT specific and a community declared as a Scheduled Tribe in a State need not be so in another State.
3. The Constitution is silent about the criteria for specification of a community as a Scheduled Tribe. Primitiveness, geographical isolation, shyness and social, educational & economic backwardness are the traits that distinguish Scheduled Tribe communities from other communities.
4. There are certain Scheduled Tribes, 75 in number known as Particularly Vulnerable Tribal Groups (PVTGs), who are characterised by:- a) pre-agriculture level of technology; b) stagnant or declining population; c) extremely low literacy; and d) subsistence level of economy.

• Initiatives: Over the decades, many efforts have been made to provide due rights and facilities to Indian STs. Some of these are

The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA);
The Provision of the Panchayats (Extension to the Scheduled Areas) Act, 1996;
Minor Forest Produce Act 2005; SC And ST (Prevention Of Atrocities) Act; and
the Tribal Sub-Plan Strategy are focused on the socio-economic empowerment of STs.

 

 

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