Lok Sabha Question No. 373 (STARRED), answered on 2019-01-07
Subject: Aboriginal Tribes
Ministry: TRIBAL AFFAIRS
Asked by: KALIKESH NARAYAN SINGH DEO

## MINISTER OF TRIBAL AFFAIRS (SHRI JUAL ORAM)

(a)to (e) A Statement is laid on the Table of the House.

## GOVERNMENT OF INDIA

## MINISTRY OF TRIBAL AFFAIRS LOK SABHA STARRED QUESTION No. *373 TO BE ANSWERED ON 07.01.2019

## ABORIGINAL TRIBES

## *373. SHRI KALIKESH N. SINGH DEO:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a)   the details of the security provided to aboriginal tribes in the Indian territory, State/UT-wise;
- (b)   whether there exists a special security to look after the security needs of aboriginal tribes in India;
- (c)   if so, the details thereof and if not, the reasons therefor;
- (d)   whether  the  Government  holds  any  awareness  programmes  to  educate  Indian  masses  regarding  the livelihood and ways of tribal people in India and if so, the details thereof; and
- (e)   the  details  of  the  initiative(s)  taken  by  the  Government  to  educate  Indian  citizens  on  restricted  tribal areas in the country?

## ANSWER

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO.  *373 FOR 07.01.2019 REGARDING 'ABORIGINAL TRIBES' ASKED BY SHRI KALIKESH N. SINGH DEO

(a)  to  (c)  :  Article  366(25)  of  the  Constitution  of  India  refers  to  Scheduled  Tribes  (STs)  as  those communities who are scheduled in accordance with Article 342 of the Constitution. The Census of India notifies  the  population  as  STs  and  not  aboriginals.  While,  the  rights  of  free  movement  and  residence throughout  the  territory  of  India  and  of  acquisition  and  disposition  of  property  are  guaranteed  to  every citizen, special restrictions may be imposed by the State for the protection of the interests of any Scheduled Tribe. Article 14 of the Constitution provides for equality before Law . Article 15 Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Accordingly, the security framework provided to the population of the country is also available to the communities notified as Scheduled Tribes.   Further, there  are  some  specific  regulations  providing  for  engaging  with  such  communities  in  some  parts  of  the country governed by local legislations / regulations etc. Article 338 A provides for a National Commission for  Scheduled  Tribes  to  investigate,  monitor  and  evaluate  all  matters  relating  to  the  Constitutional safeguards  provided  for  the  STs  The  implications  of  violating  rights  of  citizens  are  saddled  with  penal consequences  as  provided  in  relevant  Acts  /  Regulations,  as  notified  from  time  to  time.  These  Acts  / Regulations are in public domain and public, in general, ought to be in know of such restrictions vis-a-vis tribals  as  ignorance  thereof  cannnot  an  excuse  in  indulging  in  any  security  violations  /  illegal  actions  in respect  of  Scheduled  Tribe  population.  The  Police  Authorities  are  empowered  to  take  cognizance  of offences against ST also

(d) & (e) :The implications of violating rights of citizens are saddled with penal consequences as provided in relevant  Acts  /  Regulations,  as  notified  from  time  to  time  by  Central  /  States  Government  /  UT Administrations.  These  Acts  /  Regulations  are  in  public  domain.  Ministry  of  Tribal  Affairs  is  not implementing any specific awareness program to educate masses regarding the livelihood and ways of tribal people  in  India.  However,  for  creating  awareness  on  basic  rights  among  tribals  on  various  Acts  like  the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA), 2006 , provisions of the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996  and Scheduled Castes and Scheduled  Tribes  (Prevention  of  Atrocities)  Act,  1989,  various  steps  have  been  taken  which  inter-alia includes  translation  of  Act,  Rules  and  guidelines  into  local  languages  through  the  State  Tribal  Research Institutes  (TRIs),  conducting  training  &  awareness  camps  through  TRIs,  Regional  Consultations  / Workshops, training of officials of the State Governments who are responsible for implementing the Acts at the  ground  level  etc.  Also  Ministry  of  Tribal  Affars  supports  establishment  of  Tribal  Research  Institutes, Museums, Organizing of tribal festivals and fairs showcasing ways of tribal people, tradition, culture and means of livelihood to public at large.

There are several Acts notified by the Government which provides for specific rights to Scheduled Tribes in Tribal Areas of the country such as:

- i. 'The  Scheduled  Tribes  (STs)  and  Other  Traditional  Forest  Dwellers  (OTFDs)  (Recognition  of Forest Rights) Act, 2006'safeguards the rights and livelihood of forest dwelling STs and OTFDs on all forest land.
- ii. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989;
- iii. The Protection of Civil Rights Act, 1955;
- iv. Panchayats (Extension to the Scheduled Areas) Act, 1996 which, inter alia, provides that every Gram Sabha shall be competent to safeguard and preserve the community resources.
- v. The  Right  to  Fair  Compensation  and  Transparency  in  Land  Acquisition,  Rehabilitation  and Resettlement (RFCTLARR) Act, 2013 (Section 41) provides that as far as possible, no acquisition of land shall be made in the Scheduled areas and where such acquisition does take place, it shall be done as a last resort. Section 41 of said Act (RFCTLARR) also provides for entitlements of STs to various benefits in case of acquisition or alienation of any land. Section 42 of the Act (RFCTLARR) provides  for  reservation  and  other  benefits  to  the  Scheduled  Tribes  and  Scheduled  Castes  in  the affected areas.

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