Lok Sabha Question No. 3466 (UNSTARRED), answered on 2021-12-20
Subject: Vth Schedule Areas
Ministry: TRIBAL AFFAIRS
Asked by: Naba (Hira) Kumar Sarania

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO- 3466

TO BE ANSWERED ON- 20/12/2021

## V TH  SCHEDULE AREAS

## 3466.  SHRI NABA KUMAR SARANIA:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

(a) whether the State Governments are following the provisions of the 5th Schedule in letter and spirit to protect and safeguard the Tribal Rights;

(b)   the  number  of  Municipalities  existing  in  the  5th  Scheduled  areas  and  whether  it  violate  the Constitutional provisions 243 ZC;

(c) the steps taken by the Union and State Governments to implement the provisions of the 5th Schedule of the Constitution;

(d) the details of land transferred from the Tribals to non-Tribals by the companies/ corporate/Governments in the States of Chhattisgarh, Odisha and Jharkhand, District wise; and

(e) the steps taken to protect and preserve the Constitutional provisions in the Scheduled (MADA) areas and also steps taken and planned to be taken up for protection and safeguarding the rights of tribals?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFAIRS (SHRI BISHWESWAR TUDU)

(a),  (c) & (e): In  regard to the letter and spirit of the provisions of the Fifth Schedule under Article 244(1) 'Provisions as to the administration and control of Schedule areas and Schedule Tribes' to protect and safeguard the tribal rights, the constitution provides special powers to Governor who is required to make a report to the President of India regarding its administration. Further Union Government can give directions with regard to administration of said area. There is also provision of establishment of Tribes Advisory Council to advise on issues referred to it by the Governor.

The importance of insertion of word 'Schedule Tribe' after the words 'scheduled areas' wherever they occur  was  brought  to  light  by  "Shri  Jaipal  Singh  (M.P.  Bihar)  during  constitutional  debate  on  5 th September 2019.  He was of the view that the report of the Governor or Ruler to the Government of India should comprehend all the scheduled tribes, whether they are within the scheduled areas of the future or outside them. If the report is to apply only to those tribes who are in the scheduled areas, it would simply mean that the Government of India would know very little about scheduled tribes as a whole and, there would be literally millions of them outside the scheduled areas. Without knowing how the scheduled areas are going to be demarcated, it is almost futile to argue whether or not the report will include all the scheduled tribes of a particular list. Therefore, issue raised that there must be a definite and certain provision whereby the Governor will be constrained to report on what has been done for all the scheduled tribes and, for the matter of that, of the backward people in each State and insisted that the scheduled tribes be included as a whole. So, he put forward his concern as "The Governor or Ruler of each State having scheduled areas and scheduled tribes therein shall annually make a report to the Government of India  regarding  the  administration  of  the  scheduled  areas  and  scheduled tribes  in  that  State  and  the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas and scheduled tribes of the State." He further told that there are only two principles involved: first, that the Scheduled Tribes, all of them, should be benefited by-the provisions of the Fifth Schedule and, secondly, that the Tribes Advisory Council should be a reality and not a farce with a big name, without any powers to do things .

Accordingly, as laid down in the provision, the Governors from Schedule Areas send reports on the administration of schedule area to the President which are also duly examined by the Ministry and the advisory is issued to states based on the state specific findings.  Further NCST also in its annual report gives its findings on various issues concerning tribals and schedule areas, on which action taken report is sought from the State Government by the Ministry.  Further in the Annual Governor's conference, all Governors across country including the Governor of 5 th Schedule meet and discuss and exchange views about the constitutional and developmental issues pertaining to tribals and tribal areas being faced them.

- (b): The  Ministry  of  Tribal  Affairs  has  not  maintained  any  centralized  data  of  the  number  of Municipalities existing in the Fifth Schedule areas and violation of constitutional provisions 243ZC as the matter is within purview of the State Governments.
- (d): The Land and its management fall under the exclusive legislative and administrative jurisdiction of States as provided under the Constitution of India [Seventh Schedule - List II (State List) - Entry No.18 ]. As such land transfer from tribals to non-tribals, if any, are done by the State Governments. As such no segregated data about land transfer from tribals to non-tribals is maintained by the Ministry of Tribal Affairs.

Certain  states  like  Telangana  has  promulgated   the  Telangana  Scheduled  Areas  Land  Transfer Regulation, 1959 as amended by Regulation 1 of 1970 that prohibits transfer of immovable property from tribe to non-tribe and non-tribe to non-tribe.

- (e): All the States having Scheduled Areas therein have their land regulation Acts relating to restriction of  land  alienation  and  transfer  of  tribal  lands  to  non-tribals  regulating  money  lending  business  in Scheduled  Areas  to  protect  and  safeguard  to  the  Scheduled  Tribes  (STs)  in  Scheduled  Areas.  The implementation of provisions of Fifth Schedule of the Constitution it is the responsibility of the State Governments  concerned  having  Scheduled  Areas  therein.   Many  States  have  brought  into  effect safeguards depending on area specific requirements to ensure tribal welfare and to protect and safeguard tribals and tribal areas.

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