Hatti Community of Himachal Pradesh

What is a Scheduled Tribe?

• Article 366 of the Constitution: 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.
• Article 342: The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.
• Criteria: The Constitution is silent about the criteria for the 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.
• There are certain Scheduled Tribes, 75 in number known as Particularly Vulnerable Tribal Groups (PVTGs), who are characterized by:- a) pre-agriculture level of technology; b) stagnant or declining population; c) extremely low literacy, and d) subsistence level of the economy.

Constitutional Safeguards for STs

• Educational & Cultural Safeguards:
  • Art. 15(4): Special provisions for the advancement of other backward classes    (which includes STs);
  • Art. 29: Protection of Interests of Minorities (which includes STs);
  • Art. 46: The State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes, and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation,
  • Art. 350:  Right to conserve distinct Language, Script or Culture;
• Social Safeguard:
  • Art. 23:  Prohibition of traffic in human beings and beggars and other similar forms of forced labour
  • Art. 24: Forbidding Child Labour.
• Economic Safeguards:
  • Art.244:  Clause(1) Provisions of Fifth Schedule shall apply to the administration & control of the Scheduled Areas and Scheduled Tribes in any State other than the states of Assam, Meghalaya, Mizoram and Tripura which are covered under Sixth Schedule, under Clause (2) of this Article.
  • Art. 275:  Grants-in-Aid to specified States (STs &SAs) covered under Fifth and Sixth Schedules of the Constitution.
• Political Safeguards:
  • Art.164 (1): Provides for Tribal Affairs Ministers  in Bihar, MP and Orissa
  • Art. 330: Reservation of seats for STs in Lok Sabha
  • Art. 332: Reservation of seats for STs in State Legislatures
  • Art. 334: 10 years period for reservation (Amended several times to extend the period
  • Art. 243:  Reservation of seats in Panchayats
  • Art. 371: Special provisions in respect of the NE States and Sikkim

Legislative Safeguards

• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Rules 1995 framed there under.
• Bonded Labour System (Abolition) Act 1976 (in respect of Scheduled Tribes);
• The Child Labour  (Prohibition and Regulation) Act1986;
• States Acts & Regulations concerning alienation & restoration of  land belonging to STs;
• Forest Conservation Act 1980;
• Panchayati Raj (Extension to Scheduled Areas) Act 1996;
• Minimum Wages Act 1948.

Initiatives 

• Eklavya Model Schools
• TRIFED
• Pradhan Mantri Van Dhan Yojana
• Development of PVTGs

Related Committees

• Xaxa Committee (2013)
• Bhuria Commission (2002-2004)
• Lokur Committee (1965)