Lok Sabha Question No. 2163 (UNSTARRED), answered on 2018-01-01
Subject: Legal Safeguards for Scheduled Tribes
Ministry: TRIBAL AFFAIRS
Asked by: JANARDAN MISHRA

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. †2163

TO BE ANSWERED ON 01.01.2018

## LEGAL SAFEGUARDS FOR SCHEDULED TRIBES

## † 2163. SHRI JANARDAN MISHRA

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) the details of existing legal measures to check discrimination meted out to scheduled tribes and to protect their rights; and
- (b) the steps being taken by the Government to bring this community into mainstream?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI JASWANTSINH BHABHOR)

- (a) The  Constitution  of  India  has  several  provisions  to  prevent  discrimination  against people belonging to Scheduled Tribes and to protect their rights.  Some of the important provisions, inter-alia, are:
- (i) Article 15 pertaining to prohibition of discrimination on grounds of religion, race, caste, sex or place of birth;
- (ii) Article 16 pertaining to equality of opportunity in matters of public employment;
- (iii) Article  46  pertaining  to  promotion  of  educational  and  economic  interests  of scheduled castes, scheduled tribes and other weaker sections;
- (iv) Article 335 pertaining to claims of scheduled castes and scheduled tribes to services and posts.
- (v) As per Article  338-A  of  the  Constitution  of  India,  the  National  Commission  for Scheduled Tribes has been set-up to, inter-alia, investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or  under  any  other  law  for  the  time  being  in  force  or  under  any  order  of  the Government and to evaluate the working of such safeguards; and to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes.

Besides, several legislations are in place to prevent discrimination against people belonging to Scheduled Tribes and to protect their rights. These, inter-alia, are:

- (i) In order to prescribe punishment for the preaching and practice of 'Untouchability' for the enforcement of any disability arising therefrom and for matters connected therewith, the Protection of Civil Rights Act, 1955 has been enacted.
- (ii) In order to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto, the Scheduled Castes  and  the  Scheduled  Tribes  (Prevention  of  Atrocities)  Act,  1989  has  been enacted.
- (iii) In order to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas, the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 has been enacted.
- (iv) To  recognize  and  vest  the  forest  rights  and  occupation  in  forest  land  in  forest dwelling  scheduled  tribes  and  other  traditional  forest  dwellers  who  have  been residing in such forests for generations but whose rights could not be recorded and to provide for a framework for recording the forest rights so vested, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been enacted.
- (b) Government  has  adopted  a  multi-pronged  strategy  for  overall  development  and mainstreaming of tribal people in the country, which includes support for education, health, sanitation,  water  supply,  skill  development,  livelihood,  infrastructure,  etc.  Major  part  of infrastructure development and provision of basic amenities in tribal areas / regions in the country  is  carried  out  through  various  schemes  /  programmes  of  concerned  Central Ministries  and  the  State  Governments  concerned,  while  the  Ministry  of  Tribal  Affairs provides additive to these initiatives by way of plugging critical gaps.

Ministry of Tribal Affairs has been implementing several programmes/schemes for the benefit of scheduled tribe people. These, inter-alia, are:

- (i) Scheme of Girls & Boys Hostels for STs: Under the scheme, Central assistance is given to States / UTs / Universities for construction of new hostel buildings and / or extension of existing hostels.
- (ii) Scheme  of  Ashram  Schools  in  Tribal  Areas:  The  objective  of  the  scheme  is  to provide residential schools for ST children to increase the literacy rate among the tribal students and to bring them at par with other population of the country.
- (iii) Scheme for Strengthening Education among ST Girls in Low Literacy districts: This scheme is being implemented in 54 identified low literacy districts where the ST population is 25% or more, and ST female literacy rate is below 35%, or its fractions, as per 2001 census.
- (iv) In  order  to  maximize  retention  of  ST  students  within  various  stages  of  school education  and  promoting  higher  learning,  monetary  incentives  are  provided  by Ministry of Tribal Affairs in the form of scholarships such as Pre Matric Scholarship, Post Matric Scholarship, National Overseas Scholarship, Scholarship for Top Class Education and Rajiv Gandhi National Fellowship for ST students.
- (v) Special Central Assistance to Tribal Sub Scheme (SCA to TSS) (hitherto known as SCA to Tribal Sub Plan (TSP)): It is 100% grant from Government of India.  Its objective is to bridge the gap between Scheduled Tribes (ST) population and others by providing support for education, health, sanitation, water supply, livelihood, skill development, minor infrastructure etc. It is a flexible scheme and supplements the efforts of the line Ministries/Departments.
- (vi) Grants under Article 275(1) of the Constitution: It is 100% grant from Government of India. Funding under this programme is to enable the State to meet the cost of such schemes of development as may be undertaken by the State for the purpose of promoting  the  welfare  of  Scheduled  Tribes  in  that  State  or  raising  the  level  of administration of Scheduled Areas therein to that of the administration of the rest of the areas of that State. Funds are provided to States for various sectoral interventions.

A list of schemes / programmes administered by Ministry of Tribal Affairs is at Annexure 1 .

Annexure 1 referred to in reply to in part (b) of Lok Sabha Unstarred Question No. 2163+ for answer on 01.01.2018 regarding 'Legal Safeguards for Scheduled Tribes'.

## Schemes being implemented by Ministry of Tribal Affairs for STs

|   S. No. | Name of the Scheme / Programme                                                                                                    |
|----------|-----------------------------------------------------------------------------------------------------------------------------------|
|        1 | Special Central Assistance (SCA) to Tribal Sub Scheme (TSS) (hitherto known as SCA to Tribal Sub Plan (TSP)).                     |
|        2 | Grants under Article 275 (1) of the Constitution of India.                                                                        |
|        3 | National Fellowship and Scholarship for Higher Education of ST students.                                                          |
|        4 | National Overseas Scholarship for ST Students.                                                                                    |
|        5 | Pre-Matric Scholarship for ST students.                                                                                           |
|        6 | Post Matric Scholarship for ST students.                                                                                          |
|        7 | Girls &Boys Hostels for STs.                                                                                                      |
|        8 | Ashram Schools in Tribal Sub-Plan Area.                                                                                           |
|        9 | Vocational Training in Tribal Areas.                                                                                              |
|       10 | Equity Support to National /State Scheduled Tribe Finance and Development Corporations.                                           |
|       11 | Institutional support for Development and Marketing of Tribal Products / Produce.                                                 |
|       12 | Support to Tribal Research Institutes.                                                                                            |
|       13 | Development of Particularly Vulnerable Tribal Groups (PVTGs).                                                                     |
|       14 | Grants-in-Aid to Voluntary Organisations working for the welfare of STs.                                                          |
|       15 | Mechanism for Marketing of Minor Forest Produce (MFP) through Minimum Support Price (MSP) and Development of Value Chain for MFP. |
|       16 | Tribal Festival, Research, Information and Mass Education.                                                                        |
|       17 | Development Programmes in the Tribal Areas(EAP)                                                                                   |
|       18 | Van Bandhu Kalyan Yojana                                                                                                          |