Understanding Denotified and Nomadic T ribes Tribes thr ough through Resolutions, Recommendations & Representations
M. Subba Rao MASSES
First Publication : March 2013
Complied by : M. SUBBARAO Masses 10-3-18/2/A, Street No. 7, Lane No.4, East Marredpally Secunderabad - 500 026. Andhra Pradesh, India Ph: 91 9573553212 Email: rao.masses@gmail.com
Printers: Charita Impressions 1-9-1126/B, Ajamabad Hyderabad 500 020 Andhra Pradesh, India Ph: 040-2767 8411 2
Dear Subba Rao! This is not a foreword or comment on your book. I shall do that in a few days. However, some quick remarks for you to think of while waiting for the response from other experts. Sorry for delayed response, Couldn’t help it owing to other commitments and travel. I am now on the way to Mumbai. Night is beautiful and long. I thought of reading your compilation on DNTs. At the outset, I felt it is marvellous for bringing together much of the source material on politico-legal background of the Denotified tribes. It will be useful to people having interest in the subject for whatever reason. I find it a ready reckoner for putting together this material. Ignorance is bliss, is true in many a sense. Not knowing your neighbours or not knowing who the citizens that this country is made of are not a serious flaw on one’s understanding. But it is when that ignorance is shared abundantly by those who talk of the country and its rich culture and the need to do something about it without any idea of people who constitute about 10 per cent the country’s population. This large section of people has been condemned for generations to a life without identity and has been alienated from anything that a citizen would be entitled. Socially they have been leading lives in poverty, want, anonymity and exclusion and exploitation. It is surprising the messiahs and the movements against caste discrimination also failed to recognise the DNTs. The DNTs have been marginalised and displaced from caste movements although they have been forced to continue suffering of the consequences of caste structure. History of convenient exclusion of one tenth population of this vast nation requires attention. Debates on marginality would find scope for comprehensive understanding by bringing the issue of DNTs under the scanner. Like those in vanvas or in exile, and the wide diversity among them, has resulted in high diversity in their legal status. Some of them have become
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part of the STs, SCs, BCs, Muslims, etc. and some of them are having more than one status across the states. Lambadas in Andhra Pradesh, formerly DNTs, are not scheduled tribes in other states. The trajectories of social change and legal status of DNTs is a major issue of interest for activists, scholars, historians and policy makers There is also great need to understand the culture and contribution of the DNTs to undo the injustice perpetuated through stigma. I am glad that I got the opportunity to read this book- ‘Understanding Denotified and Nomadic Tribes through Resolutions, Recommendations & Representations’. One cannot but commend both the author, Subba Rao, for his painstaking effort to search for vital sources that provide background to the status of DNTs in the country, and Action Aid for supporting publication of this information that would go long way in initiating a debate on the question of the DNTs. I am sure it would have been a great effort not only to collect the material but to understand the relevance and the importance of the documents presented here. I see the understanding and commitment that you have been demonstrating in compilation of this book. This compilation provides the source of the material, which helps the reader to read further to quench one’s thirst and clarify thoughts that must be disturbing or provoking extra reading. It would have been useful if the sources are mentioned consistently for every note, it is missing in some cases. Proof reading is needed. There are many errors, which you may check once. Andhrapradesh, HABITAT INTERNATIONAL COILATION etc are a few examples. You may think once again whether pictures of the authors or heads of commissions are required along with every section. You may have all pictures in one section separately More in leisure Mamidi Bharath Bhushan Centre for Action Research & People’s Development (CARPED)
Flat # 305, Landmark Residency, 1-2-365/4, Domalguda Hyderabad - 500 029
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Nearly 200 social groups (castes), mostly nomadic, were notified by the British Government as “criminal tribes” through a notorious piece of legislation called the Criminal Tribes Act, 1871. The rationale behind the Act was the European view that all gypsies are criminals, and following that logic, all Indian nomadic communities were also believed to be potential criminals. For this reason, there is a large overlap between communities that were declared criminal tribes and those that were nomadic. The de-notified and nomadic tribes are an integral part of the Indian society. Though ethnographic studies have been conducted on some of them, it is only recently that they are finding some mention in academic and popular discourses. However, attention is focused mostly on the issue of violation of human rights. This is justifiable considering the frequent infringement of their rights but other vital concerns also need to be attended to. The DNTs are not just a neglected section but a complex one as well. Their problems are not only grounded in contemporary reality, but also deeply rooted in history. They have suffered injustices at the hands of both polity and society but the same are not sufficiently redressed. What is lacking is a comprehensive perspective, which will enable activists, researchers, policy-makers and community leaders to take appropriate action. I recollect the dynamic personality and who is modern architecture of the Nation, Pandit Jawaharlal Nehru noticed that ‘if any people choose to think of me than I should like them to say this was the man who with all his mind and heart loved India and the Indian people. And they in turn were indulgent to him and gave him their love most abundantly and extravagantly’. Indian sociologist, Meena Radhakrishna noticed, the law was replaced by a comparable if less draconian measure, the Habitual Offenders Act, and the stigma of criminality lingers. “I would never have imagined that the descendants of these communities would be viewed with exactly the
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same prejudices. It’s not that they don’t want to be a part of society—they are not allowed to be.” This publication may be the first of many pieces of research which will help the Government to gather more knowledge, and creative practical solutions to the challenges of life patterns of the nomads. This review of so many recommendations of the committees / reports, along with other forthcoming chapters on the social, economic and legal aspects of nomadic life, is of vital importance in the development of living strategy that is responsive to the needs of Indian DNTS. There are obvious gaps and shortcomings. The author wisely avoids too much discussion of the insinuations, reports that produces the knowledge in the first place. This means he does not need to address the complexities of the relationship between those who develop the ideas and those who have to put them into practice. His main thrust is to provide the available information to all the field practitioners, out of his 40 years’ experience and available documents, which are worthy. The book is significant contribution to the welfare of Nomadic people. The complied book entitled ‘Understanding Denotified and Nomadic Tribes through Resolutions, Recommendations and Representations’ complied and brought out by Sri Subba Rao Malli, consists of various enlightening articles and practitioners with special reference to Nomadic Development. The meticulous material contained in this book will be an outstanding contribution to the movement towards greater understanding of Nomadic Development, steering new prospects in analysing various problems in a practical way. I also acknowledge the encouragement of Action aid, Hyderabad for supporting the Author to compile this book. Dr. B.S. Vasudeva Rao
Professor (Rtd) Dept. of Education, Andhra University National Level Monitor, Ministry of Rural Development, New Delhi, National Minorities Development & Finance Corporation, Delhi. bandaru.vasu@gmail.com 4-4-2013
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Visakhapatnam
Understanding Denotified and Nomadic Tribes compiled by Sri M. Subba Rao is like ready reckoner that gives comprehensive idea on the subject. He brought various documents together from Kaka Kalelkar Commission on Backward Classes to Balakrishna Renke’s National Committee for the Denotified, Nomadic and Semi-Nomadic Tribes, 2005. The collection consists of Resolutions; Recommendations & Representations relating to DNTs/NTs would give graphic account of the communities which were identified in 1953. Since they were placed part of the Backward Communities their unique existences have not been recognized enough. They were lost sight of the Governments therefore remained incognito. They remained separate category yet become part of the Other Backward Classes. However their way of life, patterns of eking out and cultural make ups and worldly perceptions are absolutely much more backward needing to be treated distinctive. They were adversely affected by the economic developments of recent period. No land is easily
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available to raise tents or huts; water is not available to drink as water-bodies are privatized. And food has become scarce as no birds, fish etc., are available freely due to environmental changes. The developments impacted them to take up the urban work like masonry, painting, plumbing, rag-picking and even thievery. The degradation is so much that the most of their community names have become abuses in public parlance. The history of their life in Independent India is a history of disrespect to them. I wish the collection would evoke interest amongst the academics, journalists and policy makers to take note of their plight to rehabilitate them Dr. Inukonda Thirumali, Ph.D Senior Fellow Indian Council for Social Science Research New Delhi
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7 3 2 2 1 3 2 2 4 2 last line 1
Deviviji hajr manage is To taken as a a exceeding.....% employed rerclaiming Ligadhari on 16-685
Deviji hajri managed the To be taken as a exceeding 10% unemployed reclaiming Lingadhari on 16-6-85
Dudu
Dudi
61 62 62 63 67 67 67
Paragraph / point 2 7 11 2 Heading 46 48 410 d 411 PART-I/1 Last paragraph Aboriginal tribes/ para-2 6 8 8 12 21 21 22
1 1 2 2 1 4 8
see? this 3tates did net arid the CDS separate rub-mission
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69 69 69 70 70 70 70 71
28 30 31 32 34 34 36 38
7 4 1 7 1 4 1 1
Polytechnics, it is, etc., see!: wage employment ah opportunity face difficult is may arrar.ge DHTs jy and large DNTs heed to be DMT Finance a large number of pursuing
seen the states did not and the ICDS separate submission Polytechnics etc.,
3 13 13 24 18 18 18 19 19 30 37 38
Line
Printed
Correction
seek wage employment an opportunity face difficulties may arrange DNTs by and large DNTs need to be DNT Finance a large number of DNTs are pursuing
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72
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73 74
40 45
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3rd from below 5 1
eatable the nomadic tribes
enable the nomadic tribes
to that DNTs arc also victims
so that DNTs are also victims Government may award Hence it is recommended that ‘Strike of or remove this line and read’
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last line 4
Government nay award Hence it is recommended (hat
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75 75
48 48
7 Last
where all the villagers recommended that whenever such a crime takes place police officer a: may b>e determined
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Point 56/para-2 57
2
Zi’.a panchayats
First
A large population
2 3 First
and nomadic Fin;:nee there
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57 58 63 continued 64
3
transfer tie house
80 81
66 67
last 7
estimated *hat nor-agriculturists
81 81
67 69
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,ft is suggested also lack initiative
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All India Radio schemes being implemented in the renaming Districts discriminatory. i-d iniquitous such examples ha/c been
78 78 78 80
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police officer at may be determined Zila panchayats For large population and nomads) Finance where transfer the house estimated that nonagriculturists ,it is suggested also lack of initiative All India Radio Stations, to be implemented in the remaining Districts discriminatory and iniquitous such examples have been
Compiler ’s Note Compiler’s I have learnt that I am from a Denotified and Nomadic Tribe (DNT) from my father before two decades. But then I or my father doesn’t know what exactly a DNT is, he heard the term from somewhere and passed on to me. I too didn’t take it seriously, since my work among the marine fisher people, dalits and Tribals is overwhelming and I didn’t have time or necessity to bother. Over a period of time, identity movements were flooding my home state and Madiga Reservation Porata Samiti (MRPS) is prominent among them. These movements coupled with some devastating occurrences in my personnel life prompted me to explore my roots. But I could find few books or internet postings about the DNTs. Over a period of time I found the DNTRAGS, Ahmadabad and some of the books written by Maha Swetha Deviviji of Bengal. Out of my fascination I started exploring and came in touch with literature and like minded people working among the DNTs all over India and abroad. In my quest for more data and information, Google books project helped me to browse through thousands of books depicted DNTs, otherwise I couldn’t know that those books are existing at all and I would have spent a fortune of money and umpteen hours of time, which are scares in my life. Nomads and Roma are the familiar words for depicting the nomads in Asia and Europe. Pastoral nomads are the ancient, followed by the hunter gatherer nomads and latest category is Peripatetic nomads, where majority of the nomads are pushed in to and this process of hunter gatherer nomads joining in to the ranks and files of peripatetic nomads is continuing even today. The latest The Social & Political Economies of Femicide in Andhra Pradesh
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group found in Andhra Pradesh is Raj Gond tribe found in Guntur, Vijayawada and Anathapur in small Numbers. The term DNTs came in to existence after Kaka Kalelkar Commission Report, before that they were called as Criminal Tribes (CTs) by the colonial India. The first censes based on a direct survey of population took place on 1 st January 1853. Nomads were enumerated as dancer, musician, beggar and vagabond in the classification of castes during the census of 1871-72. The literature depicting DNTs is mostly by the some benevolent persons from among the upper caste or class. DNTs depicting themselves with empathy are almost nonexistent, except the recent work of Prof. Bhukya Bhangia, which is limited to the Lambadas of the Telengana. My dream of a book recording all the recommendations, resolutions and representations influencing the lives, living conditions along with political and social status of the DNTs, so that to be used by all the stake holders as a hand book so that to understand the process of DNT evolution is being realised through this publication, through the Action Aid, Hyderabad, and I along with my brothers and sisters among the ranks and files of DNTs will be grateful for their kind gesture. M. Subba Rao 29-3-13
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S.NO. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20.
Contents List
Page
Criminal tribes Acts in India Depressed classes and Dr. B.R Ambedkar Poona Pact The Criminal Tribes Act Enquiry Committee Report The Criminal Tribes Laws (Repeal Act) 1952 Kaka Kalelkar Commission Report Modalities for deciding claims for inclusion in, exclusion in SC, ST’s list The Scheduled Castes And Scheduled Tribes Lists (Modification) Order 1956 A P Tribes Enquiry Committee Recommendations Efforts made in Various Five year plan periods Anantha Raman & Other Commissions Recommendations A P Backward Classes Commission Recommendations Justice Rajendra Sachar Commission Report Identification of BCs in Muslims of Andhra Pradesh Habitat International Collation working Report NCDNSNT’s Report (DNT Commission Recommendations) 2008 Comments of S T Commission on DNT commission recommendations NAC recommends inter-ministerial task force for DNTs empowered Twelfth Five Year Plan (2012–2017) Social Inclusion of the DNTs
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6 8 10 12 20 22 28 30 32 34 36 38 41 45 51 59 85 89 91
5
Criminal T ribes A cts in India Tribes Acts 1. Criminal Tribes Act 1871: The main aim of the 1871 Act was to keep an eye on the activities of the criminal tribes. A constant surveillance over and vigilance about their activity was planned; but it was not the intention or object of this act to check the nomadism of these people, as that nomadism or moving from one place to another was not regarded in any way objectionable and harmful by the society. It was considered as normal a way of life as is the settlement at same fixed abode. The aim of the act was to control the crime and help the members of criminal tribes to reform and rehabilitate them. This act gave wide-ranging powers to the provincial government. The provincial government were authorized to declare any group of people who were incorrigible criminals a Criminal Tribe. This act provided for maintenance of register in which the names and other particulars of all the adult members of a tribe were written. Further, they were required to register the information about births and deaths. Some of them were required to report at regular intervals to the police station. From time to time a policeman used to take a round of their colonies and take roll-call of all the members. The 1871 Act had no specific plans for the reform of these people. In 1879 this act was amended and it was provided for that government could take the custody of all children of the age 4 and keep them in governments schools, away from the pollutant atmosphere of the tribe, up to the age of 18. There, however, were many flaws and loopholes in the Act. Therefore, in the year 1911, it was replaced by a new Act known as Criminal Tribes Act 1911. 2. Criminal Tribes Act 1911: On account of the lack of success in the control of crime by the criminal tribes and the lack of any improvement in the state of affairs in spite of the 1879 amendment in the Act, the government set up a committee to go into the matters afresh and review the whole thing from all possible aspects.
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In 1902-3 a high powered Police Commission went into the matters in minute details. On the basis of the report submitted by the commission, the Government of India passed a new Act regarding Criminal Tribes in the year 1911. In accordance with this Act schedules were prepared for various criminal tribes and these schedules were complete in each respect. In these, there were personal identification marks and the thumb impressions of each of the members of the Tribe. This was done with a view to track down the criminals with ease. Besides the more notorious members of the tribe were put under very strict observation; their activities were minutely watched. Besides, government could remove any child of the age 6 or above from the criminal parents and give them education and training in governmental institutions. Under this act provincial governments were given special instructions for the control of these tribes. The provincial governments were given powers to make suitable amendments in the Act in the light of their experiences. 3. Criminal Tribes Act 1924: From many aspects the 1911 act was defective and contained many loop holes. Basically in aim and intent it was preventive and not corrective. There were virtually no attempts in it to reform and rehabilitate the present criminals. Of course there was provision for taking away children and giving them proper education. But there were practical difficulties here, too. Therefore the 1911 Act was replaced by a new Act in 1924. The 1924 act empowered the provincial governments to declare criminal tribes and prepare a list of their members, having identification mark and thumb impression of each member. Besides, a check was put on the migratory instinct of the tribals. They were not to leave their place without prior permission of the police. However the most significant part of the 1924 Act was the provision of the reform and rehabilitation of the criminals. The provincial governments were issued express instruction to draw up elaborate plans to provide relief and rehabilitation to the tribals. *** The Social & Political Economies of Femicide in Andhra Pradesh
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The Indian Constitution: A case study of backwar d classes backward Ratna G. Revankar (Page 104)
Sir Henry Sharp
The definition of the term ‘depressed classes’ was discussed in the Indian Legislative council as far back as 1916. It was decided in the Legislative council the term ‘Depressed classes’ should include: (a) Criminal and wandering tribes (b) Aboriginal Tribes and (c) Untouchables. Sir Henry Sharp, Educational Commissioner, Government of India prepared a list of ‘Depressed’ classes in 1917, in which he included: (a) Aboriginal or hill tribes (b) Depressed classes and (c) Criminal Tribes. Explanation of the term ‘depressed classes’ according to Henry Sharp reads “...... the depressed classes from the unclean castes, whose touch, even shadow is pollution. But a wider significance is attached to this expression, so that it includes communities which though not absolutely outside of the pile of castes, are backward and educationally poor and despised and also certain classes of Muhammadans.
Statement “E” Note By Dr Dr.. B. R. Ambedkar Ambedkar,,
Submitted On 1st May 1932 T o The Indian FFranchise ranchise Committee To (Lothian Committee) On The Depressed Classes (Extract)
I. General 1. I have agreed to confine the term depressed classes to untouchables only. In fact, I have myself sought to exclude from the untouchables all those in whom there cannot be the same consciousness of kind as is shared by those who suffer from the social discrimination that is inherent in the system of untouchability and who are therefore likely to exploit the untouchables for their own purposes. I have also raised no objection to the utilisation of tests
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7 and 8 referred to in the Committee’s report for the ascertainment of the untouchable classes. But as I find that different persons seek to apply them in different ways, or put different constructions on them I feel it necessary to explain my point of view in regard to this matter. (iii) The Indian Franchise Committee has adopted two tests for the classification of untouchables, temple entry and pollution by touch. The U. P. Provincial Franchise Committee has proceeded on the basis of only one test namely causing pollution by touch and that too in its literal sense and not in its notional sense. The 1st May 1932
B. R. AMBEDKAR
Dimension of Human Society and Culture, Birth of Schedule Castes By Prabodh K. Bhowmick, Manis K umar R aha Kumar Raha Indian Franchise Committee 1932 was of opinion “that the term ‘Depressed classes’ should be applied to only those who are untouchables” that is, those satisfying the testes of untouchbility mentioned under heads of the 7 and 8 of the 10 tests of the disabilities categorised 1911 censes operation, which was found by the committee to be the generally accepted tests of untouchability such as: 7. Are denied access to the interior of the ordinary Hindu temples. 8. Cause pollution (a) by touch (b) within a certain distance. The committee made it clear that its “proposals in regard to the ‘Depressed classes’ should extend to only to those castes, who are included in the above categories. (Extract) *** The Social & Political Economies of Femicide in Andhra Pradesh
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Poona Pact (Extract) To draft a new Constitution involving self-rule for the native Indians, the British invited various leaders for Round Table Conferences in 1930-32. Mahatma Gandhi did not attend the first and last but attended the second of the Conferences. The concept of separate electorates for the Untouchables was raised by Dr. Ambedkar. Similar provisions were already available for other minorities, including Muslims, Christians, Anglo-Indians and Sikhs. The British government agreed with Ambedkar’s contention, and British Prime Minister Ramsay MacDonald’s Communal Award to the depressed classes was to be incorporated into the constitution for governance of British India. Gandhi strongly opposed it on the grounds that it would disintegrate Hindu society. He began an indefinite hunger strike at Yerwada Central Jail from September 20, 1932 to protest this Award. A compromise was reached on September 24, 1932. The text uses the term “Depressed Classes” to denote Untouchables who were later called Scheduled Castes under India Act 1935, and the later Indian Constitution of 1950. The Untouchables are now popularly known as Dalits. Following is the text of the pact: 1) there shall be seats reserved for the Depressed Classes out of general electorate seats in the provincial legislatures as follows: 1. Madras 30; Bombay with Sindh 25; Punjab 8; Bihar and Orissa 18; Central Provinces 20; Assam 7; Bengal 30; United Provinces 20. Total 148. These figures are based on the Prime Minister’s (British) decision. 2)
Election to these seats shall be by joint electorates subject, however, to the following procedure
3)
The representation of the Depressed Classes in the Central
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Legislature shall likewise be on the principle of joint electorates and reserved seats by the method of primary election in the manner provided for in clause above for their representation in the provincial legislatures. 4)
In the Central Legislature 18 per cent of the seats allotted to the general electorate for British India in the said legislature shall be reserved for the Depressed Classes.
5)
The system of primary election to a panel of candidates for election to the Central and Provincial Legislatures as hereinbefore mentioned shall come to an end after the first ten years, unless terminated sooner by mutual agreement under the provision of clause 6 below.
6)
The system of representation of Depressed Classes by reserved seats in the Provincial and Central Legislatures as provided for in clauses (1) and (4) shall continue until determined otherwise by mutual agreement between the communities concerned in this settlement.
7)
The Franchise for the Central and Provincial Legislatures of the Depressed Classes shall be as indicated, in the Lothian Committee Report.
8)
There shall be no disabilities attached to any one on the ground of his being a member of the Depressed Classes in regard to any election to local bodies or appointment to the public services. Every endeavour shall be made to secure a fair representation of the Depressed Classes in these respects, subject to such educational qualifications as may be laid down for appointment to the Public Services.
9)
In every province out of the educational grant an adequate sum shall be ear-marked for providing educational facilities to the members of Depressed Classes. ***
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Report The Criminal T ribes A ct Enquir Tribes Act Enquiryy Committee (1949-50) Ayyangar Ananathsayanam,
Chairman
Chapter V VII
General 1)
2)
The main cause of the origin of criminality in the Criminal Tribes was economic, while social and political changes in the country also played an important part (paragraph 108). Given proper opportunities and systematic help, it is neither impossible nor even difficult to reclaim the so called Criminal Tribes. The problem requires to be tackled from three sides— economic, educational and social (paragraph 170).
Working of the Criminal Tribes Act 3)
4)
5)
6)
7)
The Criminal Tribes Act, 1924, is in active operation in the States of the Punjab, the Uttar Pradesh, Bihar, Orissa, West Bengal, Assam, Delhi and Ajmer (paragraph 188). In no Sates, there is a regular system of checking up the notifications declaring certain tribes as criminal , periodically at definite intervals with a view to see the there a particular tribe deserves to be Denotified as a whole or not (paragraph 196). There is no uniform it in the States in selecting Criminal Tribes members for registration and for applying restrictions to them under sections, 10 and 11 of the Criminal Tribes Act (paragraph 197). It would have been useful if definite period, after which registration of a Criminal Tribe member should be cancelled, we fixed in the rules issued under the Criminal Tribes Act by the States (paragraph 212) The Criminal Tribes Act is worked very harshly in the Saran district (Bihar State) as it is inhuman that registered persons
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8)
9)
10)
11) 12)
13)
14)
15)
should be required to give hajr 5 to 6 times during night (paragraph 221). The tented accommodation provided in the Reformatory Settlement at Amritsar, Punjab State, requires to be replaced by suitable building, and there is scope for improving the wages of the settlers in that settlement (paragraph 241). In Fazalpur Settlement (Uttar Pradesh), it was observed that undue strictness was shown in registering persons and more attention was required for satisfactory employment of all the able-bodied people in the settlement and for other welfare work (paragraph 242). Since our visit to the Kanth Settlement (Uttar Pradesh), the settlers of that settlement have been freed from the restrictions of the Criminal Tribes Act and the settlement is declared a free colony from 15th August, 1950. (Paragraph 243). The Kalyanpur Settlement in the Uttar Pradesh appeared to be well manage and progressive (paragraph 244). Except the Punjab, Bengal (before Partition), Bombay and Delhi (to a limited extent), no States have made any use of section 17 of the Criminal Tribes Act. Although we are not in favor of wholesale removal of the Criminal Tribes children from their parents, removal of children from their parents in special circumstances is desirable (paragraph 259). The institutional life in the Reformatory School, Amritsar, requires to be made more attractive by introduction of more games and giving more personal liberty to the boys. The system of releasing boys on probation also requires to be introduced early (paragraph 260). The welfare activities among the Criminal Tribes in the settlements and outside have helped them to improve their general conditions in some of the States (paragraph 262). In the States, where welfare and reformative work has been well organized the results appear to be encouraging and it is found that given equal opportunities the members of those
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tribes can, fairly compete with other people (paragraph 263) 16) The local laws relating to the Criminal Tribes, which are in force in the Madhya Bharat, Rajasthan, Hyderabad, Vindhya Pradesh and Patiala and East Punjab States’ Union are generally more stringent than the Criminal Tribes Act, 1924 (paragraph 280). 17) In Khusodkhurd village in Madhya Bharat our Sub-Committee observed that a blind Criminal Tribes man is still continued to be on the register and his presence is checked by the Chaukidar every day in the evening by visit his house. This shows how the Criminal Tribes Act is worked in a mechanical way in this area (paragraph 300). 18) The Rajasthan Government should intensify the reclamation work among the Criminal Tribes by opening schools in every colony and providing the Criminal Tribe members more facilities for agriculture (paragraph 311). 19) The men as well as women belonging to the Criminal Tribes are automatically registered on their attaining the age of 15 years in the Bhopal State and all the registered persons residing in Sonkatch and Devalkhera colonies have give roll call at least four times a day. The women especially are greatly inconvenienced for the night roll calls taken at mid-night and at 4 a.m. The average area of land allotted to Criminal Tribe members was also found to be much less than their requirements (paragraph 331). 20) The Act has worked more as a preventive and punitive measure than as a measure of reformation for the Criminal Tribes and it has been a great handicap even the honest members of these tribes (paragraph 332). Recommendation for Repeal of the Criminal Tribes Act and Reasons for the Repeal 21) The provision in section 3 of the Criminal Tribes Act, 1924, is against the spirit of our Constitution. The Act, indirectly sanctions beggar or forced labor which is an offence under the Indian Penal Code and opposed to International Labor
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22) 23)
24)
25) 26) 27)
28)
29) 30)
Convention and also Article 23 of the Constitution of India (paragraph 336). There is no legislation in foreign countries comparable to the Criminal tribes Act, 1924 (paragraph 337). Notification issued under section 3 of the Criminal Tribes Act, 1924, in the West Punjab (Pakistan) have been withdrawn and execution of the Act is thus been suspended there (paragraph 342). Notifications issued under section 3 of the Criminal Tribes Act dub is whole tribe, gang or class of persons as criminal while actually only about 2-3 percentage of actual criminals will even be lower (paragraph 366) The system of roll call is capable of being used for oppression (paragraph 367). Necessity for a provision like the Criminal Tribes Act has now, disappeared (paragraph 369). The Criminal Tribes Act, 1924, should be replaced by a Central legislation applicable to all habitual offenders without any distinction based on caste, creed or birth and the newly formed States included in Parts B and C of the First Schedule to the Constitution, which have local laws for the surveillance of the Criminal Tribes, should be advised to replace their laws in this respect by the Central legislation for habitual offenders, when passed (paragraph 370). The ordinary criminal and police laws are not adequate for the surveillance and control of the habitual offenders and it is necessary to have a Central legislation providing for the adequate surveillance and control of the habitual offenders (paragraph 371) There is no necessity to provide for the restrictions of ordinary wandering gangs (paragraph 373 and 374). The State Governments may be advised to use section 501 of the Criminal Procedure Code more frequently in case of habitual offenders on condition that they live in specified settlements
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31)
32)
33)
34)
35)
for their sentence (paragraph 396). Provisions Recommended for Inclusion in the Proposed Restriction of Habitual Offenders Act. Section 562 of the Criminal Procedure Code should be so amended that in necessary cases the courts could pass orders of restriction or detention in a settlement for training in craft or industry even on a first offender (paragraph 392). A person who has two convictions for any non-bailable offences under Chapters XII, XVI and XVII of the Indian Penal Code, of the including an order under section 118 of the Criminal Procedure Code within five years just before the date of issue of the notification, may be notified as habitual offender and on such notification he should be liable to report his residence change or intended change of, or absence or intended absence from his residence and also to allow his finger impressions, to be recorded (paragraph 394). Section 565 of the Criminal Procedure Code should be suitably amended so as to empower the courts to order restriction of or confinement in settlements of persons convicted by them under the penal law in lieu of part or whole of the sentence of imprisonment passed against such persons (paragraph 397). The courts should be empowered to order restriction of movements to a certain area or detention in a settlement in lieu of an order to furnish accurately under section 118 of the Criminal Procedure Code. A court acting under sub-section 3of section 123 of the Criminal Procedure Code or an appellate court, acting under section 406 of the Criminal Procedure Code, may also be authorized to pass an order of restriction or detention in a settlement in lieu of an order requiring a person to give security under section 110 of the Criminal Procedure Code (paragraph 399) Habitual offenders who have not less than 3 convictions for non bailable offences under Chapter XII, XVI and XVII of the Indian Penal Code spread over a period of 5 years immediately
16
36)
37)
38)
39)
40)
41) 42)
43)
before the date on which the new Act comes into force and who re at present in the settlement may be ordered to be detained in the settlements for three years by executive orders (paragraph 400). A habitual offender, who is ordered to be detained in a settlement, should be allowed to bring his wife and other dependants to the settlement but he should be responsible to see that his dependants obey the settlement rules (paragraph 401) When an order of detention in settlement is passed against a habitual offender the detention should be ordered for a minimum period of two years (paragraph 402) Settlements should be directly managed by Government through their Welfare or Labor Departments. In no case management of settlements should entrusted to the Police Department (paragraph 405) There should be a general provision for separation of children of habitual offenders from their parents and placing them in residential schools and children falling under particular categories should invariably be removed from their parents and placed in such schools (paragraph 406) Where special laws for the treatment of children are in force, action against the children of habitual offenders should be taken under such laws as far as possible (paragraph 407) Children should be committed to schools for sufficiently long time (paragraph 408) No provisions similar to sections, 23, 25, 26 and 27 of the Criminal Tribes Acts, 1924, are necessary in the new Act (paragraph 409) Incidental provisions that may be considered necessary and provisions for making rules for the proper administration of the Act may be made but, unless the breach of rules is for the purpose of committing offences, the punishment should be light (paragraph 409).
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Action suggested to Taken Pending the Repeal of the Act. 44) The system of automatic registration of members of the Criminal Tribes, on their attaining a particular age, is neither necessary nor desirable and pending the repeal of the Act, the existing power of exempting persons from registration should liberally used in the case of all persons other than those who have been proved guilty of offences or reasonably suspected of such offences. It is suggested that registration of members of the Criminal Tribes, who are not convicted of any offences or reasonably suspected of any offences during the last three years, may be cancelled (paragraph 210). 45) Pending the repeal of the Act, the preliminary enquiry under proviso to section 16 of the Criminal Tribes Act should be carried out by a judicial officer giving adequate opportunity to the Criminal Tribe members, likely to be affected, to urge their reasons against the proposed interment order (paragraph 238). 46) Pending the repeal of the Act, the administration of the Criminal Tribes act, 1924 should be liberalized and no new tribe should be notified as a a Criminal Tribe (paragraph 375). Suggestion for the Amelioration of the Criminal Tribes after the Repeal of the Act 47) Suitable steps for the amelioration of the Criminal Tribes should be taken after the repeal of the Act (paragraph 410). 48) The Central Government should make a liberal contribution not exceeding ‌.% to the State Governments for the initiation and execution of the schemes for period of 10 years in the first instance (paragraph 411).
Other Aspects 410. As stated above, the members of Criminal Tribes have been laboring under manifold disabilities over a long period. As class they are socially backward and economically depressed. It is therefore, essential to help them to improve their conditions and also to see that those who had criminal propensities in the 18
past but are reformed now, do not revert to crime on the repeal of the Criminal Tribes Act. Steps for rehabilitating these people should, therefore, be taken immediately after the repeal of the Criminal Tribes Act. The welfare and reformative work at present done in some of the States is not at all adequate and requires to be intensified. With this object in view, we would recommend, as the first step, a complete survey of the conditions under which these people live, in order to determine the specific measures that should be adopted. In this connection, we are glad to note that immediately after the repeal of the Criminal Tribes act, the Government of Bombay appointed a Committee to organize such a survey and to submit concrete proposals. While leaving to each State Government to formulate their own specific schemes with due regard to local conditions for the purpose of implementing the above recommendation, we would indicate in a broad way some of the objectives which should be kept in view. They are listed below : a. Adequate provision for imparting general education and vocations training both for children and adults ;The members of these tribes should be eligible for concessions similar to those granted to Harijans, Adivasis and other Backward classes: b. The establishment of co-operative societies of the types depending local needs and requirements should be encourage: c. Organization of Panchayats: d. Employment exchanges should be utilized for securing suitable employment to employed members of those tribes; e. Care should be taken to settle these people in or near the village so that their absorption in the society may be accelerated. 411. As regards the finances required for implementing the various welfare recommendations that we have made above, we are not unaware of the limited resources at the disposal of the State Governments. The need for rerclaiming and upraising these unfortunate sections of our community is even more pressing
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today more insistent than ever before. So deeply impressed are we with the urgency of the problem that we cannot contemplate with equanimity the possibility of nothing or very little being done in this direction for lack of adequate funds. It appears to us an inescapable obligation of the Central Government to make itself responsible for ensuring that work on the lines indicated above does not languish because the States out of their limited resources are unable to shoulder responsibility for carrying it out on a scale commensurate with the requirements of the situation. Accordingly, we are of the opinion, that the Union Government should make a liberal contribution not exceeding 50% to the State Government for the initiation and execution of such schemes for a period of 10 years in the first instance. We are by no means oblivious of the many calls on the Union exchequer, but it should not mean the denial of the claim of social justice and respect for human dignity, nor should it lead to their being treated as of minor importance, the execution of which might well postponed till the return of better days. 1) M. Ananthasayanam Ayyangar, Chairman, 2) Venkatesh Narayan Tivary, Member 3) J.K. Biswas, Member 4) Gurbachan Singh Member 5) A.V. Thakkar, Member 6) K. Chaliha, Member (Extract) ***
20
THE CRIMANL TRIBES LAWS (REPEAL ACT) 1952 NO. XXIV OF 1952 {6th March 1952}
An Act to provide for the repeal of the Criminal Tribes Act 1924, and certain other Laws corresponding there to BE it enacted by the Parliament as follows:1. Short Title, Extent and Commencement – (1) This Act called the Criminal Tribes (Repeal) Act, 1952 1. It Extends to whole of India Except the State of Jammu and Kashmir 2. It shall come in to force Immediately 2. Repeal of Act VI of 1924 and Corresponding laws: The Criminal Tribes Act 1924 (VI of 1924) and every other law corresponding there to in force in any state or part there of shall stand repealed on 31st day of August 1952, but the Central Government may, by notification in the official Gazette, declare that the said Act or any corresponding law shall stand repealed in any State or part thereof with effect from any earlier date. -Extract***
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Kaka Kalelkar Commission The First Backward Classes Commission was set up by a presidential order on 29 January 1953 under the chairmanship of Kaka Kalelkar, adhering to Article Kaka Kalelkar 340 of the Constitution of India.
Criteria For identifying socially and educationally backward classes, the commission adopted the following criteria 1. Low social position in the traditional caste hierarchy of Hindu society. 2. Lack of general educational advancement among the major section of a caste or community. 3. Inadequate or no representation in government services. 4. Inadequate representation in the field of trade, commerce and industry
Following descriptions was used for classification of various communities as educationally and socially backward 1. 2. 3. 4.
5. 6.
Those who suffer from the stigma of untouchability or near untouchability. (already classified as SC) Those tribes who are not yet sufficiently assimilated in the general social order. (already classified as ST) Those, owing to long neglect, have been driven as community to crime. (Ex-criminal or Denotified Groups) Those nomads who do not enjoy any social respect and who have no appreciation of a fixed habitat and are given to mimicry, begging, jugglery, dancing, etc. Communities consisting largely of agricultural and landless labourers. Communities consisting largely of tenants without occupancy
22
rights and those with insecure land tenure. Communities consisting of a large percentage of small land owners with uneconomic holdings. 8. Communities engaged in cattle breeding, sheep breeding or fishing on a small scale. 9. Artisans and occupational classes without security of employment and whose traditional occupations have ceased to be remunerative. 10. Communities, the majority of whose people do not have sufficient education and, therefore, have not secured adequate representation in government services. 11. Social groups among the Muslims, Christians and Sikhs who are still backward socially and educationally. 12. Communities occupying low position in social hierarchy. 7.
Recommendations The commission submitted its report on 30 March 1955. It had prepared a list of 2,399 backward castes or communities for the entire country and of which 837 (* starred communities) had been classified as the ‘most backward’ some of the most noteworthy recommendations of the commission were: 1. Undertaking caste-wise enumeration of population in the census of 1961. 2. Relating social backwardness of a class to its low position in the traditional caste hierarchy of Hindu society, 3. Treating all women as a class as ‘backward’; 4. Reservation of 70 per cent seats in all technical and professional institutions for qualified students of backward classes. 5. That special economic measures be taken to uplift the OBCs economically through such programmes as extensive land reforms, reorganization of village economy, Bhoodan movement, development of livestock, dairy farming, cattle insurance, bee-keeping, piggery, fisheries, development of rural housing, public health and rural water supply, adult literacy programme, etc.; and
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6.
Minimum reservation of vacancies in all government services and local bodies for other backward classes on the following scale: class I = 25 per cent; class II = 33½ per cent; class III and IV = 40 per cent.
Kaka Kalelkar, the Chairman, took a rather equivocal stand on the issue, though he did not record a formal minutes of dissent, in his forwarding letter to the President he opposed some recommendations made by the commission
Observations in the Report The commission’s observations 1. The commission observed that although untouchability or tribal character may not be found, the backwardness persists, the tribal people found anywhere in the state should be brought under the list and a uniform policy must be followed throughout India in the interest of the advancement of these classes otherwise it will amount to setting a premium on their remaining within certain areas. It would be invidious to single out sections of the community or areas of modernization and to deprive people of help on that score. Let the whole community get modernized. The whole state should be one unit and the help offered to the tribal people must be given to them irrespective of their shifting from one area to another in the state. 2. The privileged classes must voluntarily renounce their privileges and their claims to social superiority and must work wholeheartedly for the eradication of social evils. 3. The ultimate solution seems to be that all production and distribution should be on a socialistic basis and that people should be encouraged to establish the necessary moral basis and to train themselves for the changeover. 4. In India, economic backwardness is often the result and not the cause of social evils.
24
5.
6.
7.
In the final analysis, I stand for a social order in which neither religion nor political powers are organized to control the destinies of humanity. Just as we stand for a secular democracy, I stand for a non-political social order based on mutual love, trust, respect and service. But, this has nothing to do with the universal adult franchise which I accept whole-heartedly. According to the terms of reference to the commission, we were asked to consider whether any sections of the people of the territory of India, in addition to the Scheduled Castes and the Scheduled Tribes, should be treated as socially and educationally backward classes. The word specifically used are classes and sections of the people and not castes; and yet, as explained in the body of the report the word ‘sections and classes’ can in the present context mean nothing but castes, and no other interpretation is feasible. It must be admitted, however, that, taking the wording of terms of reference, we are not precluded from interpreting the words ‘sections and classes of the people’ in their widest significance even excluding the idea of caste. We feel we were justified in accepting the traditional interpretation. We were warned by well-wishers of the country that investigations into caste may encourage people to be casteconscious, and thus increase the atmosphere of communalism. Following the analogy if the proverb, viz. ‘using the thorn to remove a thorn’, we held that the evils of caste could be removed by measures which could be considered in terms of caste alone. We have in our Report, given a list of backward classes and put a star (*) against those communities which are extremely backward and are leading a sub-human existence (e.g. The Class of Shepherd Community i.e. Dhangar / Hatkar / Hatgar / Gadri / Gadaria / Kurmar / Mirdha / Bharwad (Sr.No.27 Vol II, pg 66) (Their condition is far from satisfactory (Vol I pg. 76-77) (Found in Bombay, Hyderabad, Madhya Pradesh (Now Maharashtra, A.P., M.P. Gujarat). Those communities generally live in rural
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areas, and are mostly victims of the domination of the privileged and dominant communities. It should be an irony and a mockery of justice to allow such dominant communities to claim to be the natural leaders of these starred communities who are the victims of their domination. 8. It can be safely said that those who possess large tracts of land; those who have enough money to lend, those who have brains to create quarrels and factions amongst the people, and those who have the tradition of wielding governmental power, are all dominant people in the rural areas. I did not succeed in the effort of classifying the backward classes because I could not carry conviction to my colleagues that these dominant communities must be segregated if the victims of domination have to be saved. 9. Who then are the backward people? Evidently those who do not command adequate and sufficient representation in government service, those who do not command large amount of natural resources like land, money and industrial undertakings; those who live in ill-ventilated houses; those who are nomadic; those who live by begging and other unwholesome means; those who are agricultural labourers or those who practice un- remunerative occupations without any means to enter better paying professions; and those who on account of poverty, ignorance and other social disabilities are unable to educate themselves or produce sufficient leadership, are all backward. The communities, classes or social groups who occupy an inferior social position in relation to the upper castes and who also answer the above description, naturally come under the category of other backward classes. 10. It is therefore, essential that no dominating community should be allowed to claim to be the protectors of the weaker sections. It is only the good men from every community, men who are imbued with a sense of social justice, who can forget caste prejudices, are prepared to surrender their privileges and who
26
can combine to usher in a new era of social justice and universal family hood, that can be natural leaders and protectors of the helpless, mute and suffering masses. It is much better if new communities are allowed to try their hands at leadership. Only those like Nehru, are above communal considerations and even nationalistic considerations, should be allowed, to formulate the policy of the nation. It is no use challenging the leadership of the best in the land by searching out the community to which they belong, and then accusing them that they are monopolizing leadership for the upper classes. All monopoly must be broken even of it is fully justified and opportunities for service must be assured to all sections of the population. 11. He has given the history of reservations and political leadership in India.
Scheduled Caste and Scheduled Tribes This commission also examined the existing list of Schedule Caste and Schedule Tribes and recommended certain additions to and deletions from, these lists. These recommendations were duly examined in consultation with the State Governments, the Commissioner of the Schedule Tribes and the Deputy Registrar General, and the Government accepted these recommendations by passing The Scheduled Caste and Scheduled Tribes Orders (Amendment) Act, 1956. (Act LXIII of 1956).
Other Backward Class But this report was partly rejected by the Central government on the ground that it had not applied any objective tests for identifying the Backward Class. Thus there was a need of second backward classes Commission. ***
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Modalities for deciding claims for inclusion in, eexxclusion fr om and other modifications in the Or ders specif ying from Orders specifying Scheduled Castes and Scheduled T ribes lists Tribes The proposals are required to be processed as indicated below (a) Cases favoured by both the State Governments and the Registrar General of India (RGI) in their most recent reports would be referred to the National Commission for Scheduled Castes and Scheduled Tribes for their opinion. They would be forwarded to the Commission individually or in batches, as may be practicable, along with the comments of the State Governments and the RGI as well as any relevant material/ information furnished by them or by representations. (b) Some issues concern not one but several States e.g. the status of SC/ST migrants. These would also be referred to the National Commission if the RGI and majority of concerned States have supported modification. (c) It may be suggested to the Commission that, while examining the above cases, they should associate, through panels or other means, expert individuals, organizations and institutions in the fields of anthropology, ethnography and other social sciences, in addition to the State Governments, RGI and the Anthropological Survey of India, on regional basis. They may also consider holding public hearings in areas relevant to the claims under examination. These guidelines cannot be binding on the Commission, but may be suggested in the interest of fuller examination of the cases. The Commission would also be requested to give priority to cases in which the Courts have given directives regarding decision within a stipulated time period. (In such cases, extension of time would be sought from the courts where necessary, citing these modalities for the determination of claims). Such cases would be separately processed and sent for earlier decision.
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(d)
Amending legislation would be proposed to the Cabinet in all cases in which the National Commission, RGI as well as the State Governments have favoured modification. Those cases with which the State Governments and the RGI are in agreement, but which the Commission have not supported, would be rejected at the level of Minister for Social Justice and Empowerment. (e) Claims for inclusion, exclusion or other modifications that neither the RGI nor the concerned State Governments have supported would not be referred to the National Commission. These would be rejected at the level of the Minister for Social Justice and Empowerment. (f) In case of claims recommended by the concerned State Governments/Union Territory Administrations, but not agreed to by the Registrar General of India, the concerned State Government/Union Territory Administration would be asked to review and further justify their recommendations in the light of RGI. On receipt of the further clarification from the State Government/Union Territory Administration, the proposal would be referred to the RGI for comments. In such cases, where the RGI does not agree to the point of view of the State Government/Union Territory Administration on a second reference, the Government of India may consider rejection of the said proposal. (g) Claims in respect of which the comments of either the RGI or the State Government or of both are awaited would remain under consideration until their views are received. Thereafter, they would be dealt with in accordance with the modalities at (a) to (f) above. (h) Claims recommended suo-moto by the National Commission would be referred to RGI and the State Governments. Depending on their responses, they would be disposed of in accordance with the modalities at (d) to (f) as may be applicable. *** The Social & Political Economies of Femicide in Andhra Pradesh
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1. 2.
3.
Gazette of India Extraordinary Part –II section -3 PUBLISHED BY AUTHORITY NO.316 A, NEW DELHI, OCTOBER 29, 1956 MINISTRY OF HOME AFFARIS NOTIFICATION Thakkar Bapa New Delhi the 29th October 1956 SRO 2477 A the following order is made by president is published for General Information THE SCHEDULED CASTES AND SCHEDULED TRIBES LISTS (MODIFICATION) ORDER 1956 Schedule-III See Paragraph 3 (1) Modification to the Constitution (Schedules Tribes) order 1950 In paragraph 2, for ‘Parts I to XIV’ substitute ‘Part I to XVII’ For paragraph 3, substitute:- “3 Any reference in this order to a state or to a district or any other territorial division constituted as from the first day of November 1956“ For the schedule, Substitute:- THE SHEDULE
PART-I ANDHRA PRADESH 1.
2.
Throughout the state 1. Chenchu or Chenchuvar 2. Koya or Goud with its sub castes Rajah or Rasha koyas, Ligadhari Koyas (ordinary) kottu koyas. Throughout the state except Hyderabad, Mahabub Nagar, Adilabad, Medak, Nizamabad, Karim Nagar, Khammam and Nalgonda districts. 1. Bagata 2. Gadaba 3. Jatapu 4. Kammara 5. Kattu nayakan 6. Konda Dora
30
7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.
Konda Kapu Konda reddy Kondhs (Kodi, Kondhu, Dseaya kondhs, Dongriya kondhs, Kuttiya Kondhs, Tikiria kondhs, Yenity kondhs Kotiya, Bentho oriya, Bartika,Dhulia, Dulia, Holva, Paiko, Putiya, Sanrona, Sidho paiko Kulia Mali Manna Dhora Mukha Dora or Nooka Dora Poraja (Paringe Peraja) Reddi Dora Rona /Rena Savara, Kapu savaras, Maliya Savara or Khutto Savaras Sugali (Lambadas) Yanadies Yerukalas
3.
In the Districts of Hyderabad, Mahaboob Nagar, Adilabad, Nizamabad, Medak, Karim Nagar, Warangal, Khammam and Nalgonda:1. Andh 2. Bhil 3. Gond ( Including Naikpod and Rajgond) 4. Hill Reddis 5. Kolam (Including Mannervarlu) 6. Pardhan 7. Thoti
3.
In the Agency tracts:1. Goudu (Goud) 2. Nayaks 3. Valmiki ***
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Andhrapradesh T ribes Enquir Tribes Enquiryy Committee Volume-1, 1961-1963 Education (S.a) Department, A. P., Hyderabd, A.P Chapter Chapter-- XIX Summer Summeryy Of Report And Recommendations V. Raghavaiah
1.
The Committee recommends that the Yerukalas, Yanadies and Lambadas (Banjaras or Sugali) in the Telengana region may be included in the list of Scheduled Tribes for the reason that their counterparts in the Andhra region were already included in the list of scheduled Tribes and that they bear the same features, living under the same conditions as detailed in the earlier paragraphs. 2. The committee also recommends that the following communities who have been classified in the three categories viz., (i) those who live in the forest area (ii) those who are living as nomads (iii) those who pursue primitive traditions, customs and habits although settled in the plains may be included in the list of Scheduled Tribes in view of their living conditions as detailed in the earlier paragraphs. Primitive Tribes: 1.Pamulas 2. Katipapala (Sudagadu sidha) 3. Paluku Muggulas (Parike Muggulas) 4. Nakkalas 5. Mondi or Banda 6. Pitchiguntlas. Nomadic Tribes: 1. Dommaras, 2. Mandulas, 3. Budabukkalas, 4. Girikalas, 5. Rajamallus, 6. Balsanthosha (Bahurupa, Sarada vandlu or Balsanthu), 7. Dasari, 8. Garadi, 9. Peddinti Gollas, 10. Irulas of Chittoor district, 11. Sickligars, 12. Pusalas, 13. Villians of Chittoor district. Forest Tribes: Nirshikaris Chairman & Convener : V. Raghavaiah Members : N. Yagananti, S. Tirupathi, S.Nagappa, D. Hanumantha Rao, M. Kasiram, Bokye Ramanarao *** 32
Scheduled castes, scheduled Tribes Orders (Act 63) Amendment THE SCHEDULED CASTES SCHEDULED TRIBES ORDERS (AMNEDMENTS) ACT, 1956 To provide for the inclusion in and exclusion from the lists of the Scheduled Tribes, of certain castes and Tribes and matters connected there with. (25th September 1956) SCHEDULE-III, See Section 4 (1) Insert PART-I ANDHRA 1. Through out the state 1. Bagata 2. Chenchu 3. Gdaba 4. Jatapu 5. Kammara 6. Kattu nayakan 7. Konda Dora 8. Konda kapu 9. Konda reddi 10. Kondhs (Kodi, Kondhu, Dseaya kondhs, Dongriya kondhs, Kuttiya Kondhs, Tikiria kondhs, Yenity kondhs 11. Kotiya, Bentho oriya, Bartika,Dhulia, Dulia, Holva, Paiko, Putiya, Sanrona, Sidho paiko 12. Koya or Goud with its sub castes Rajah or Rasha koyas, Ligadhari Koyas (ordinary) kotta koyas, 13. Kulia 14. Mali 15. Manna Dora 16. Mukha Dora or Nooka Dora 17. Porja (parengi porja) 18. Reddi Dora 19. Rona/ Rena 20. Savara, Kapu savaras, Maliya Savara or Khutto Savaras 21. Sugali (Lambadas) 22. Yanadies 23. Yerukalas 2. In the Agency Tracts :1. Goudu, 2. Nayakas, 3. Valmiki *** The Social & Political Economies of Femicide in Andhra Pradesh
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Efforts Made for Rehabilitation of DNT DNTss In V arious FiveYear Plan PPeriods eriods Various Five-Y During First Five Year Plan to Fourth Five year Plan, efforts were made to set up settlements and colonies for DNTs. Assistance for house construction, sinking of wells and agriculture development was provided. Cooperatives were organized and Industrial Centers set up. Educational centers, schools, Sanskar Kendras, Balwadis and Ashram schools were established for the children and scholarship was disbursed to school going students of DNT communities. Approach for their development was changed from surveillance and punishment to correction, rehabilitation and assimilation into the wider community. Role of voluntary workers and organizations were recognized. Correctional-cum-welfare approach was supported by schemes of general education, social education, economic uplift and housing. With the introduction of the strategy of Tribal SubPlan and Special Component Plan for Scheduled Castes, it was envisaged that development of DNTs, where they are STs sould be taken care of by the TSP strategy and those DNTs who are SCs would draw benefit out of SCP. Left out DNTs would get support from respective State Plans and also out of 10% of SCA given to each SCP State (for sweepers and scavengers. Bonded Laborers and DNTs. Working Group Report on Development of Scheduled Castes during 8th Five Year Plan Following recommendations were made for DNTs by the working Group on the development of Scheduled Casts: (1) Enumeration of Denotified, Nomadic and Semi-Nomadic groups in the census. (2) The program for the development of Denotified, Nomadic and Semi-Nomadic Communities should be group-oriented addressed to the problems identified for each specific group.
34
(3) The programs for Denotified, Nomadic and Semi-Nomadic communities should be “comprehensive in coverage. Covering all aspects of their social and economic life should be outside its ambit. (4) In the case of Denotified communities it will be necessary to immunize them from harassment on mere suspicion. Instant help in distress should be built into the program, In the case of Nomadic and Semi-Nomadic communities, their adjustment to the new economic forces and provision of social services should be given priority. (5) Ashram-type schools may be set up for these groups. These schools should also have vocational training programs. (6) There should be a Centrally Sponsored Scheme for the development of these groups at the Central level. (7) Voluntary organizations may be involved in the welfare of Nomadic/Semi-Nomadic and Denotified groups. Land may be allotted to these groups for cultivation. (8) It was noted that the police was not helpful to these groups. Therefore police administration should be involved in the administration of these groups actively. (9) The various programs for the rehabilitation of these groups should be taken in an integrated manner and Special Central Assistance provided for these purposes. The program must be reviewed and maintained regularly. (10) There should be close co-ordination between the Home Department and the Welfare Department at the state level. (Page: 144). (Extract) *** The Social & Political Economies of Femicide in Andhra Pradesh
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Anantha RRaman aman & Other Commissions Recommendations On 12-4-1968 the Government of Andhra Pradesh appointed a Commission in G.O. No. 870, to determine the criteria to be adopted in considering whether any sections of citizens of India in the State of Andhra Pradesh are to be treated as socially and educationally Back ward classes and to prepare a list of such Backward classes in accordance with the criteria evolved by it. This Commission may be referred to as “Anantha Raman Commission� The commission is also asked to investigate the conditions of socially and educationally Backward classes and the difficulties under which they labour and to make recommendations as to the special provision which may be made by the Government for their advancement and for promotion of their educational and economic interests generally with particular reference to reservation in educational institutions, Concessions to be given, reservations in services and proportion of such reservations. The commission drew up a list of 93 classes designated as socially and educationally backward and recommended a reservation of 30% of seats in professional colleges, and a similar percentage of posts in government services. The Report along with recommendations submitted on 20-6-1970. The 93 classes identified by the commission were again divided in to four groups, viz., A, B, C, D and inter se division of seats specified. It was recommended that reservations shall be in force for a period of ten years in the first instance, and that the position shall be reviewed thereafter. This report was placed before the State legislature and government accepted recommendations and issued G.O. M.S No. 1793 dtd 23-9-1970. However the reservation quota limited to 25% (instead of recommended 30%) in the educational institutions and services. Validity of G O MS No.1793 dtd 23-9-1970 was challenged before the court and the same was struck down by a Division bench again on the ground, that caste was treated as the main basis for specifying the Back ward classes. Government argued that, if the 36
entire cast is as a fact found to be socially and educationally backward their inclusion in the list of Back ward classes by their caste name is not volatile of Article 15 (4)....
Anantha Raman Commission adopted the following criteria: i. General Poverty of the class or community as a whole. ii. Occupations pursued, nature of which must be inferior or unclean, or un dignified or un remunerative or one does not carry influence or power. iii. Castes in relation to Hindus and iv. Educational back wardness. 93 groups of Back ward classes were sub divided in to four sub groups. Sub group ‘A’ comprised of 38 communities Aboriginal Tribes, Vimukta Jatis, Nomadic, and Semi Nomadic tribes etc., Sub group B consists of 21 Vocational groups. Subgroup C is with the Harijan converts and 33 communities were placed in the Sub group D. The 25% quota was divided among them in the proportion of 7% for A; 10% for B; 1% for C and 7% for D respectively in the Education and Services. Government agreed with Recommendations and in future censes enumeration should be cast wise and recommended to the Government of India accordingly. But the Government of India refused to agree this recommendation for caste basis enumeration. In 1978 Government of India appointed Mandal Commission, for the same purpose as Kalelkar Commission, which submitted Report in December 1980. However government of India neither accepted nor given direction to the state governments as per the Article 340 of the constitution of India. The Chief Minister was of the opinion that a finance corporation for the minorities should be established on the same lines as the BC Finance Corporation. However Law department and Advocate General opined that it is not feasible. A note was put up that 45 Nomadic communities have been identified in the government Memo No. 481/P2/84-2, dtd 166-1984, and seeking instructions to include in the B Cs. This file was directed to be circulated to the Chief Minister through the Chief Secretary. This note was approved by the C M on 16-685. *** The Social & Political Economies of Femicide in Andhra Pradesh
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The Andhra Pradesh Backwar d Classes Comission Backward The Government of Andhra Pradesh by G.O Ms. No. 870 education dated 12th April 1968 (Appendix I) appointed a Commission of enquiry under the Chairmanship of Sri. Manohar Pershad, Ex-Chief Justice Andhra Pradesh, High court
CHAPTER VII LIST OF SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES
Aboriginal Tribes The Director, Tribal Welfare, in his letter No. D. Dis. 1563/67 – A3 dated 27th June 1968, to the Secretary to the Government, Education Department reported that, out of 72 communities originally included in the list of aboriginal tribes, 40 communities have been included either in the list of Scheduled Castes or Scheduled Tribes, leaving out the following 32 communities. 1. Agni kula kshatriya (palle) 2. Dudu balija 3. Gamalla 4. Jangam 5 Kalaleelu 6. Konda Raju 7. Manayam Raju 8. Nethakani 9. Mangali 10 .Padale 11. Padava kapu 12. Pona Golla 13. Putta Dora 14. Sali 15. Rajaka 16. Samara Naik 17. Senapati 18. Setti Balija 19. Goredus 20. Kummara 21. Sondi 22. Vajelalu 23 Dedagali 24. Kotiya 25. Mallika 26. Nooka reddy 27. Racaha reddy 28. Samankula 29. Vajali 30. Gudala 31. Perike 32. Sunkali. Director stated that these communities are not original inhabitants of agency areas, but immigrants to the tribal areas. They don’t possess characteristics of either STs or SCs. It was suggested to scrap the list of aboriginal tribes and to include the 32 left out communities in the list of Back ward classes. This suggestion has been referred to the Commission for consideration. The list of Aboriginal tribes was drawn up by the composite Madras government in the 1937, included in the SC or ST list after the Constitution of India coming in to force and a few communities are left out. As the Aboriginal tribes have no constitutional
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recognition it is desirable to scrap the list as suggested by the Director and included in the B C list. Out of the 32 communities mentioned many are synonyms or wrongly spelt out groups. Hence only the following 11 communities were included in the B C list. 1.Gamalla 2. Kalaleelu 3. Setti Balija 4. Kummara 5. Perika 6. Sali 7. Senapati 8. Agnikula kshatriya 9. Rajaka 10. Janagam 11, NayiBrahman. Description of 29 communities and their characteristics were given along with present inclusion of SC, ST or BC list-(msr) and it was reported that no information available regarding 30. Samara nayakulu 31. Goredu 32. Dedagali.
De- Notified Tribes (Vimuktha jathis) Some groups or persons were notified as Ex-criminals and the Criminal Tribes (CT) Act by the Police department and were subsequently De- notified, when the CT act was repealed. These ex criminal tribes who were de- notified are now called as Denotified Tribes or Vimuktha Jathis. A list of Denotified Tribes was issued in the composite Madras state. When Andhra state formed in the 1953, a list of Denotified Tribes relating to Andhra states was separated from the combined list of erstwhile Madras state. The former Hyderabad state didn’t maintain any separate list of the Denotified Tribes. Some Denotified Tribes from the Telengana region also were included in the list after formation of the A P State. Few Vimukta jathis were included in the list of Back ward classes and they were enjoying the benefits of reservation of seats in the educational institutions and in the Government services along with other backward classes, but those Vimuktha Jathis which were not included in the B C list were not getting the benefits, though their conditions were in no way better than other BCs. There are few other communities specified below which deserve to be included in the BC list. Most of these are beggar communities. Few are engaged in inferior occupations like toddy – The Social & Political Economies of Femicide in Andhra Pradesh
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tapping, earth work, cooly, labour etc., as a class they are very poor, most illiterate, being habitual criminals, viewed with suspicion and are not allowed mixing freely in society, occupying a low position in social hierarchy. In all the following are the communities belonging to the Denotified tribes, recommended for inclusion in the Back ward classes list: 1.Knajara Bhatta 2. Bhatraju 3. Boya (Valmiki) 4. Buda bukkala 5. Dasari (Beggars) 6. Talayar 7. Dommara 8.Jogula (Jogi) 9. Kinthali Kalinga 10. Kepmar 11. Mondi Banda 12. Munde patta 13. Mutharachi 14. Nakkala 15. Nettikotala 16. Nirshikari 17. Nokkar 18. Pariki Muggula 19. Pitchi guntla 20. Reddika 21. Chakala (Rajaka) 22. Telaga Pamula 23. Uppara 24. Waddar 25. Yata 26. Kaikadi 27. Pusala 28. Chopemari 29. Joshinandi valas. At present there is a list of Nomadic and Semi Nomadic Tribes approved by the state Government. Particulars regarding the criteria adopted for drawing up the list not available. But, it is presumed that the criteria must have been their nomadic and semi nomadic nature. A few of these semi nomadic tribes were included in the previous list of Back ward classes. Some of these were belonging to the nomadic and semi nomadic tribes. Remaining communities found in the list are either synonymous with the communities which were already in the list or are not existing at all. Schemes for the Denotified Tribes: State Government have taken up special schemes to rehabilitate the Denotified tribes and settle them in some occupation or other. Scholarships, supply of Books, clothing and separate hostels are also provided for their educational advancement. Other measures like colonisation schemes, supply of bullock carts etc also taken up for the uplift of the Vimuktha Jathis. There are no special schemes for the nomadic Tribes and Semi Nomadic Tribes, but whatever being implemented for the welfare of the Denotified Tribes are being implemented for the Nomadic and semi nomadic tribes also (in the Government list-msrao) . *** 40
Justice R ajendra Sachar Commission Report Rajendra Muslim OBCs: A Profile The 1901 Census also recorded the presence of a third category called Arzal: ‘It consists of the very lowest castes, such as the Halalkhor, Lalbegi, Abdal, and Bediya etc., The Thangals trace their descent from the Prophet’s daughter, Fatima, and are of the highest rank. Next in rank are the Arabis, who claim descent from the Arab men and local women and retain their Arab lineage. The Malbaris are next in rank. They have lost their Arab lineage and follow matrilineal descent. The Pusalars are the converts from Hindu fishermen called Mukkuvan, the new Muslims. They have low status. The Ossans are the barbers, and by virtue of their occupation, they rank lowest. In Andhra Pradesh, a field study conducted in 1987 found hierarchically arranged endogamous groups among Muslims. At the top of the ladder were those claiming foreign descent—Syeds, Shaikh, Pathan and Labbai (descendants of Arab traders who took native wives). At the lowest level were groups with ‘unclean’ occupations-Dudekula cotton cleaners), Hazam (barbers) and Fakirbudbudki (mendicants). In Madhya Pradesh, there are 37 communities listed in the state list as Islamic groups,however, only 27 of them are found in the Central list. In Bihar, after the recent revision of the list, there are 17 OBC groups that have not found place in thecentral list. Six of them are exclusively Muslim, namely, (i) Faqir/Diwan, (ii)Julaha/Ansari (the synonym Momin is in the Central List), (iii)Itrfarosh/Gadheri/Itpaj/ Ibrahimi, (iv) Jat, (v) Gadaria and (vi) Surajpuri. In UttarPradesh, two Muslim groups-Mirshikar and Nanbai-have not found entry in theCentral list. In Gujarat, Muslim groups such as Jilaya, Tariya-tai, Mansuri, Arab,Sumra, Tarak, Kalal and Bahvaiya are listed in the State’s backward list but not inthe Central list. Similarly many Muslim groups in Maharashtra such as Mansooris,Pan Faroshs, Ataar, Sanpagarudi, Muslim Madari, Muslim Gawli, Darwesi, Hashmi,
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Nalband among others have not found entry in the Central list. It was reported that inUttar Pradesh, the Hindu Banjaras were in ST list while their Muslimcounterparts were listed only in the OBC list. The gross under-representation ofMuslims in public and also in private sector employment was seen as a matter ofconcern. The representation of Muslim OBC was even worse. Therefore, there was a need for a separate quota for them within the OBC quota, it was suggested The activists complained about the bureaucratic hurdles in getting caste certificates. Since the Constitutional (Scheduled Caste) Order, 1950, popularly known as thePresidential Order (1950), restricts the SC status only to Hindu groups having‘unclean’ occupations,14 their non-Hindu equivalents have been bracketed with the middle caste converts and declared OBC. Thus, the OBCs among Muslims constitute two broad categories. The halalkhors, helas, lalbegis or bhangis (scavengers), dhobis (washermen), nais or hajjams (barbers), chiks (butchers),faqirs (beggars) etc belonging to the ‘Arzals’ are the ‘untouchable converts’ to Islam that have found their way in the OBC list SC status for Muslim groups: While the Ashrafs and the Ajlafs occupy the highest and the middle positions in the Muslim social structure, the Arzals are the lowest comprising of those having similar traditional occupation as their Hindu counterparts in the list of Schedule Castes. It is widely believed that these communities are converts from the ‘untouchables’ among Hindus. Change in religion did not bring any change in economic status. Because of the stigma attached to their traditional occupation, they suffer social exclusion. Despite this, they have been deprived of SC status available to their Hindu counterparts. Their exclusion from the SC list dates back to 1936 when the Imperial (Scheduled Caste) Order rejected SC status to Christians and Buddhists of similar origins. Depressed classes among the Muslims such as Halal khors were included in the list but were barred from availing the benefits. This colonial decree remained the basis on which the government of Independent India, through
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the Constitutional (Scheduled Caste) Order, 1950, has denied them the status in accordance with the deprivations that they face. The Order, however, has been amended twice; once in 1956 to include the SCs among the Sikhs and later in 1990 to include the neoBuddhists. Thus, practically only the Muslims and Christians of such origins continue to be denied the status. As a result, such Muslim groups namely, gadheris, gorkuns, mehtars or halalkhors, Muslim dhobis, bakhos, nats, pamarias, lalbegis and others remain impoverished and marginalized. Their inclusion in the OBC list has failed to make any impact as they are clubbed with the more advanced middle castes. Many have argued that the Order of 1950 is inconsistent with Article 14, 15, 16 and 25 of the Constitution that guarantee equality of opportunity, freedom of conscience and protect the citizens from discrimination by the State on grounds of religion, caste or creed. The Schedule Tribe Component among Muslims: Unlike the category Scheduled Caste, the category Scheduled Tribe irrespective of the religious affiliation of the members of the tribe is entitled for reservation. The criterion followed for specification of a community, as scheduled tribes are indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness. The criteria is not spelt out in the Constitution but has become well established. The Muslim component of ST population is very small. According to 1991 Census, it accounts for only 0.25 % of the total ST population of the country. The highest proportion of Muslims declared as STs is found in Lakshadweep where Muslims constitute the entire ST population (99.74 %). Muslim share in the ST population of Himachal Pradesh (7 %) is also quite significant. Elsewhere, Muslim STs are miniscule in numbers. The Muslim ST population is only 1, 70,428 whereas the total population of the STs stands at 6, 77, 58,285 (1991 Census). It must be noted that while STs get all entitlements irrespective of their religious backgrounds, all Muslims of tribal background do not get this benefit. There are many cases of claims
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of ST status by Muslim groups that have remained unattended. Concluding Comments: As per the latest round of NSSO survey, Muslim OBCs constitute 40.7 % of the total Muslim population. They are also a sizable component (15.7%) of the total OBC population of the country. The NSSO survey however fails to provide disaggregated figures across individual castes/ groups included in the OBC lists of the Centre and the various states. As a result, intra-OBC differentials along castes/groups in terms of crucial indicators such as educational attainment and employment share cannot be estimated. It is important to underline that Muslims in India are not a monolith, and this is what our analyses across various indicators of human development also suggests. While Hindu-OBCs continue to be relatively deprived in terms of the all-India data, the Muslim community as a whole is lagging behind Hindu-OBCs. However, overall, the conditions of Muslim-OBCs are worse than those of Muslim-Gen. The abysmally low representation of Muslim OBCs suggests that the benefits of entitlements meant for the backward classes are yet to reach them. Within the Muslim community, a larger percentage of MuslimOBCs fall in the low income category as compared to Muslim-Gen. In contrast, much smaller share of Muslim persons belongs to the high income category. Interestingly, a larger share of SCs/STs belongs to the high income group as compared to Muslims. Within Muslims, Muslim-OBCs are slightly lagging behind the Muslim-Gen in the high in income group. Based on the arguments and data presented here, it is logical to suggest that Muslims in India, in terms of their social structure, consist of three groups-ashrafs, ajlafs and arzals. The three groups require different types of affirmative action. The second group, ajlafs/ OBCs, need additional attention which could be similar to that of Hindu-OBCs. The third group, those with similar traditional occupation as that of the SCs, may be designated as Most Backward Classes (MBCs) as they need multifarious measures, including reservation, as they are ‘cumulatively oppressed’. *** 44
Identification Of Socially And Educationally Backwar Backwardd Classes In The Muslim Community Of Andhra Pradesh And Recommendations- 2007 By P.S. Krishan, Advisor To The Government Of A.P. Major agencies of the spread of Islam in India were Muslim traders and Sufi preachers and saints. This is even truer of the Peninsula including Andhra Pradesh. The bulk of the people who adopted Islam and moved to the Islamic fold were those who belonged to the lower castes – the same castes which are now classified as Scheduled Castes and socially and Educationally Backward Classes / Other Backward Classes in terms of the Constitution of India. But there is a difference of certain specificities between North India and South India including Andhra Pradesh. The following communities have been described in Anthropological Survey of India’s People of India series India’s Communities: Attar Saibulu or Attarollu: As seen from the description of the community in Chapter VI “An occupational group of the Muslim community” which is endogamous and whose “traditional occupation is preparing and selling the perfume known as attar…… They are easily identified as they generally carry a glass frame box on their shoulders containing the attars and agar battis….. Due to lack of knowledge in the traditional technique of preparing attar, youngsters are shifting towards the preparation of agar battis (incense sticks) and started small scale industries”. Manufacture of agar battis has become their secondary occupation. In recent times, they are not preparing attar in the indigenous method but buying it from cities like Bangalore and Bombay and selling it on retail basis. There is little education of girls among them. About their status, Saheb states that “self-perception of the community at regional level is low. The Hindu communities consider them as inferior to them in the local social hierarchy”. The Social & Political Economies of Femicide in Andhra Pradesh
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Borewale: As seen from the description of the community in Chapter VI, This community has been described in Anthrpological Survey of India’s People of India series India’s Communities, Volume “All Communities: A-G” as a “numerically small community concentrated in the Rayalaseema districts of Andhra Pradesh”. It is also known as Deera Pakheerulu or Dheera Pakher. Traditionally nomadic mendicants. Recently they have shifted from their traditional occupation of begging to making mats with palm leaves. Bore means mat. Their subsidiary occupation is wage labour. They can be identified by the musical drum called Deera with they use while seeking alms, and by their peculiar traditional dress. They are endogamous. Chakketakare: As seen from the description of the community in Chapter VI, “A small Muslim community distributed in all parts of Andhra Pradesh” whose “name is derived from their occupation of making the chakke (grinding stone). They have synonyms like Kakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu Gontalavaru, Thirugatigantla, Rallaku Kakku Kottevaru, or Saibulu, and Pattar Phodulu. Their ancestors were very good artists and experts in stone carving who used to carve on the temple stones, houses etc. They are now more into stone-cutting and breaking it into required sizes. Men, women and children are engaged in this work for their livelihood. Their literacy rate is very poor. Though they value education, there are many drop-outs on account of their poor economic conditions. In some respects they seem to be comparable to the Hindu Backward Class of ‘Odde, Oddilu, Vaddi, Vaddelu’ who are included in the Andhra Pradesh list of Backward Classes. Faqir/Fhakir Budbudki: As seen from the description of the community in Chapter VI, A “nomadic minority Muslim community of Andhra Pradesh” with synonyms like Ghanti Fhakir, Ghanta Fhakirlu, Fhakir Budbudki and Turaka Budbudiki. About 100 years back they were known as Ghanta Saheb (Ghanti Fhakir) and were going with the Hindu Budbudki to villages begging for alms. By inter caste marriages between them they became to be known as Fhakir
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Budbudki. They are endogamous. A significant statement made by Saheb is that, “Nowadays, they are making alliances with the Shaik Muslims”. Their traditional occupation is begging for which they go in the traditional dress. Syed Siraj Ul Hassan under the head ‘XIX Budbudke’ describes them as “a very low class of beggars …….they are both Hindus and Muhammadans. Both classes are periodical wanderers, going on their rounds of mendicancy during the dry season, and returning to their homes when the rains set in.” They are very backward in education and most of them are illiterate. Budbudki are included in the list of Backward Classes of Andhra Pradesh by the name Budubukkala but not the Muslim community of Fhakir Budbudki. Garadi/Garadi Muslim: As seen from the description of the community in Chapter VI, and in the writings of Thurston and the Report of the A.P. Backward Classes (Anantharaman) Commission 1970. They are a small community who are also known as Garadi Saibulu, Pamulavallu, Kani-kattuvallu and Garadollu. Their traditional occupation is known as Garadi Vidyalu i.e. entertaining the public by means of magical show, comedy, dialogues and Kanikattu vidyalu. Thurston describes them as “a class of mendicants in the Telugu country and Mysore, who are snake-charmers, practise sleight of hand and perform various juggling and mountebank tricks”. They are endogamous. They are mostly illiterate and do not have steady jobs. Their children drop out from schools because of their poor economic conditions. Communities providing traditional entertainment and earning thereby, which is a form of mendicancy, are included in the list of Backward Classes or in the list of Scheduled Castes (depending on whether they have been found to be victims of “untouchability” or not) in all States, including Andhra Pradesh like, for eg. Dasari (formerly engaged in Bikshatana, i.e., Beggary), Gangiredlavaru, Dommara, Pamula, Balasant Balasanthu / Bahurupi, This is clearly a socially and educationally backward class. Gosangi Muslim: This community has been studied for People of India by G.Paddaiah. Paddaiah describes this community as “a
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small section of Muslim community living around Muslim burial grounds. They constitute the poorest section of the Muslims. Their profession is begging. The Gosangi Muslim are also known as Phakeer Sayebulu. Nowadays, the youth and the middle aged of this community do all sorts of odd jobs to eke out a living. The older people, especially the widows, are destitute because nobody in the community really cares for them. Many people of this community live on the alms given by the kith and kin of the dead on visits to the burial ground”. Paddaiah estimated their population to about 500010,000. According to him, they have been living in their present habitat from a long time. “The community’s self-perception is low….. At the regional level, the perception of the Gosangi Muslim by other communities is also low”. The Gosangi Muslims are endogamous, “but they have commensally and marital relations with Ganta Sayebulu and Dudekula Sayebulu”. I may mention that the last named community has been in the list of Backward Classes in Andhra Pradesh and Tamil Nadu and prior to that in the list for the Madras State. According to Paddaiah, though they realise the value of formal education, “they cannot afford to send their children to Schools”. I should point out here that Gosangi are included in the list of Scheduled Castes for Andhra Pradesh, but Gosangi Muslim has been lost sight of in the listing of Backward Classes. A community which clearly deserves to be included in the list of Socially and Educationally Backward Classes or Other Backward Classes or Backward Classes (SEd BC/OBC/BC) of Andhra Pradesh. The description of this community given in Chapter VI clearly shows that it is a socially and Educationally Backward Class. If the members of this community were Hindu or Sikh or Buddhist, this community would have been covered by the entry Gosangi in the existing list of Scheduled Castes for Andhra Pradesh. They are not covered by that entry on account of the proviso to Clause 3 of the Presidential Orders which notified the Scheduled Castes State-wise.
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It fulfils one of the two criteria of the Mandal Commission for identification of S. Ed. BC/OBC among non-Hindu religious communities, viz., converts from or counterparts of Scheduled Castes. Guddi Eluguvallu: A nomadic community who entertain people with a bear. They are also called Elugubantuvallu. Their traditional occupation was to entertain people with the help of the bear at fairs. Sharpening sickles and knives, catching snakes, petty trade, agricultural labour etc. are their present day occupations. This is clearly a socially and educationally backward class. Mondi Turakalu: mentioned by Francis in 1905 finds mention now also. Their locality also is the same, namely, Rolla in Madakasira Taluk. While Francis found them to be stone-cutters, the present Gazetteer mentions stone-cutting as also bangle-selling as their occupation. According to earlier records, they were also beggars and obstinate in not leaving the house unless alms were given. I may add that the prefix “Mondi” seems to refer to that. Such disrespectful names were given to a number of indigent castes. Group-A of the Andhra Pradesh list contains names like Veeramushti (Nettikotala), also a beggar community, Pichikuntla (who have been recently given the more dignified name of “Vamsharaj” on their request), Mondivallu, “Mondibanda”, “Banda” who are also nomadic beggars. This Gazetteer also refers to traditional matrimonial restrictions among Muslims. “Muslims also observe certain traditional restrictions based on caste relationship. Syeds, who claim to be descendents of the Prophet, do not offer their daughters in marriage to the other Muslim sects, although such restrictions are now slowly relaxed”. Other Muslim Groups excluding the above Groups (i.e., Syed etc.) which are not Socially Backward and excepting those who are already Included in the State list (like Dudekula etc.)
Recommendations I recommend the inclusion of the following as socially and
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Educationally Backward Classes of Muslims in the Andhra Pradesh list of Backward Classes, as a separate Group E. (1) Attar Saibulu, Attarollu (2) Borewale (3) Chakketakare, Kakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu Gontalavaru, Thirugatigantla, Rallaku Kakku Kottevaru, Pattar Phodulu, Ganta Sayebulu, Ralla Sayebulu, Mondivogula (4) Not Nomad (5) Faqir, Faqir/Fhakir Budbudki, Ghanti Fhakir, Ghanta Fhakirlu, Fhakir Budbudki, Turaka Budbudkir (6) Garadi Muslim. Garadi Saibulu, Pamulavallu, Kani-kattuvallu. Garadollu (7) Gosangi Muslim (8) Guddi Eluguvallu, Elugubantuvallu (Nomads only shown in the list) All the synonyms and sub-groups of the excluded groups; and except those who have been already included in the State List of Backward Classes. Percentage of Reservation: Reservation for the socially and Educationally Backward Classes of the Muslim community in the new category E may be limited to 4%. While doing so I would recommend that the criteria may be kept separately under continuous examination in depth, especially in the matter of education, keeping in view the actual cost of education, especially professional and technical education, and taking into account the quantum of scholarships available for the SEd BC/OBC/BC. The progress and status of availment of reservation in service as well as in education may be carefully monitored regularly with a view to identifying any imbalances and inadequacies in respect of backward classes as a whole, each group of backward classes as a whole, and each caste, community, group, to enable timely corrective measures. This recommendation is relevant not only to the newly proposed Muslim SEd BCs, but also to other classes already in the State List of BCs. State Data Bank: Building up of a State Data Bank along the lines of the National Data Bank recommended by the Sachar Committee in order to facilitate meaningful continuous monitoring and well-informed and timely decisions as and when necessary to achieve the goals of Social Justice Policy and programmes including Reservation. *** 50
HABIT AT INTERNA TIONAL COIL ATION HABITA INTERNATIONAL COILA Working Report : CONFRONTING DISCRMINATION Nomadic Communities in Rajasthan and their Human Rights to Land and Adequate Housing, Housing and Land Rights Network Observations and Recommendations
General Observations 1.
2.
3.
4.
Many of the challenges that confront nomadic communities today can be attributed to continue caste based discrimination and alienation from settled communities. The combination of modern technology and legislation aimed at eco-conservation has caused the diminishment of traditional livelihoods, leading to widespread impoverishment. Regional and national governments have not taken measures to address the problem of narrowing livelihoods or provided support for these communities. As a result: • Families are denied their rights to adequate housing. • Communities fall further into the cycle of deprivation. • Historic patterns of marginalization and exclusion are repeated. Denial of the right to housing and land has adverse implications on other aspects of life. For example, without having a permanent address, children cannot to be registered in schools and communities lose their political voice because they are not included on voter lists. Lack of information and knowledge about the lifestyles, needs, customs and traditions of nomadic communities contribute their marginalization.
Land Entitlements and the Right to Adequate Housing 1.
Many nomadic communities have expressed the desire to pursue sedentary lifestyles. Often, settlement efforts are hindered by public antipathy towards nomadic communities. • Government housing policies have not addressed the
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2.
3.
particular obstacles that nomadic communities face regarding settlement such as the existence of caste hostility. • Land allotment processes are carried out on a municipal level and often reflect the local caste segregationist attitudes. Applications for title deeds filed by nomadic families are not processed, reportedly due to pressure exerted by members of settled communities on local land allotment authorities. In many instances, nomadic settlements have been destroyed and the inhabitants, forcibly evicted by members of nonnomadic communities. • It has been reported that caste bias extends to local law enforcement authorities. As a result, civil atrocities committed against nomadic communities, including incidents of forced evictions and intimidation is not pursued. • In many cases, First Information Reports filed against perpetrators are not been followed through with formal investigations. Access to adequate accommodation is the immediate concern amongst many nomadic tribes. Typically, housing and living conditions in the settlements are inhabitable: • Civic amenities such as piped water and electricity are nonexistent. One hand pump is commonly installed for each settlement and overuse has affected the quality of water pressure. • Types of shelter vary according to the lifestyles of the tribes, ranging from make- shift tents to thatched huts. However, most shelters do not provide adequate protection to the elements. • Conditions within the settlements are squalid due to lack of sanitation facilities. • Access to health care, schools and public distribution shops
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4.
is severely limited by poor road connections. Nomadic communities are often denied their rights to due process, information and rights to participate when dealing with district authorities. • Tribes are not informed about community meetings where land allotment is planned and discussed. • District land allotment authorities allegedly refuse to provide information when nomadic tribe members inquire into the status of their title deed applications. • Contrary to constitutional guarantees, customary (caste) laws bar nomadic families from ownership of land in some villages. For these arrangements, a percentage of income derived from the harvest is taxed for rent.
Observations Regarding the Denial of Human Rights 1.
2.
3.
4.
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A vast majority of nomadic communities subsist below the poverty line but ration cards are not distributed in the settlements to facilitate access to more affordable food and fuel. The Forestry Act and Wildlife Conservation Act continue to deny customary rights of hunting and foraging, foreclosing significant livelihood options. Incidents of harassment, intimidation or violence due to caste hostility are under-reported because law enforcement authorities have exhibited caste based bias. Law enforcement authorities commonly raid and search settlements without warrants under the guise of nuisance control or crime prevention. Inadequate access to schools contributes to the high illiteracy rates amongst the nomadic communities. Many families are unable to register their children in schools without permanent addresses or identity cards. Often, children are subjected to harassment in the village schools.
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Recommendations To the Government of India: 1.
2.
3.
4.
5.
6.
7.
8.
Establish constitutional safeguards for de-notified tribes that have been excluded from constitutional schedules. Recognize that these tribes face a specific form of marginalization due to the stigma caused by enactment of the Criminal Tribes Act. In the development of legislation and policies to protect the rights of nomadic communities, ensure compliance with India’s obligations under the international human rights instruments, in particular its obligations to protect these communities from all forms of discrimination. Guarantee the meaningful participation of nomadic communities in all levels of decision making by initiating dialogue with the communities and reserving positions for them in the government. Drafting of a national habitation policy for nomadic communities that seek to settle, with the caveat that settlement policies can only be implemented with the consent and consultation of the communities. Drafting should take place in consultation with, inter alia, the nomadic communities, civil society organizations, ecologists and economists. Provisions should be made to ensure women’s right to property. A system of subsidized loans and grants or cooperative schemes should be established to ensure that land and adequate housing are accessible and affordable. Nomadic communities must be included in the National Census, Organized and in-depth social- economic studies have to be conducted to forecast the potential problems communities may face in their adaptation to sedentary life. Recognize and respect the citizenship rights of nomadic communities. The Census and Election Commissions should work concurrently to ensure that voter identity and ration cards are issued and distributed in the settlements. Regularized birth registration should be enforced. The Indian Forest Act and the Wildlife Conservation Act should
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9. 10. 11. 12.
13.
be amended to include a provision that enjoins prior consultation with communities affected by conservation measures. In relation to the state obligations arising out of international commitments on the right to adequate housing and nondiscrimination see the draft guidelines prepared by the Special Rapporteur on Adequate Housing in his 2002 report to the UN Commission on Human Rights: E/CN. 4/2002/59. See Annex 8 for relevant excerpts. Initiate livelihood training in cooperation with the community that is designed to address their particular needs. Facilitate access to education, including more vigilant monitoring of the quality of instruction in informal schools. Promote public awareness and re-education by advocating against caste segregation. Establish halting sites for nomadic communities who maintain the traditional nomadic or semi-nomadic lifestyle. This will enable families to provide addresses when registering children in school or applying for social benefits. Implement the recommendations of the National Biodiversity Action Plan. This includes giving effect to co-management policies and recognition of customary rights of access and use of natural resources.
To the Government of the State of Rajasthan: 1. 2. 3. 4.
Amend the Land Revenue Act 1956 to lower entitlement criteria for nomadic communities. Repeal the Habitual Offenders Act as recommended by the National Human Rights Commission in February 2000. Monitor land allotment processes on the district level to ensure transparency and accountability. All records should be computerized to ensure easy access to land records, information on title deed applications and information on land availability.
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5.
6.
7.
Timely and reasonable explanations in writing should be provided for any delays in the application process for title deeds. Training programs should be carried out to sensitize law enforcement authorities, state and local authorities, civil society and the general public about nomadic issues. A zero tolerance policy for the use of excessive or unjustified force must be institutionalized. Forcible evictions carried out by members of settled communities must be dealt with swiftly, to the full extent of the law. An organized monitoring system should be implemented to ensure that the living conditions in nomadic settlements are adequate and that families are accorded access to electricity and water.
To NGOs and CBOs: 1.
2. 3.
4.
5.
NGOs and CBOs should collaborate their efforts in a nationwide and international campaign to advocate and raise public awareness about the issues of land entitlements for nomadic communities. A national alliance should be established, bringing together NGOs working for nomadic rights, in order to design a coordinated strategy to place the plight of nomadic communities in the forefront. More human rights education should be conducted within communities. NGOs should utilize international human rights instruments and mechanisms to strengthen the arguments for land entitlement and to ensure more vigilant monitoring of government implementation of international law obligations. Funding and technical expertise should be provided to local CBOs engaged in livelihood training and adaptation programs for communities that wish to settle. Strengthen alliances with Roma lobby groups in Europe in order to exchange and learn from their experiences in national and
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6.
international advocacy as well as benefit from their networks. Explore means to advocate and raise awareness about nomadic issues on the international agenda in the way that indigenous and Dalit rights groups have done in recent years.
The Legal Framework: The Right to Land & Adequate Housing The Government of India is obliged to respect and protect the human right to adequate housing. The human rights paradigm engenders State accountability and offers the perspective, the standards and the mechanisms to ensure that entitlements are effectively realized. This framework also ensures that the overarching themes of equality and indivisibility-of rights inform the discussion of land and housing entitlements. In the case of the Rajasthani nomads, the fight for land and housing rights must also be understood in the context of discrimination and exclusion. Caste bias and anti-nomadic sentiments profoundly affect access to land, education and employment opportunities. The systemic discrimination suffered by members of nomadic communities is a flagrant breach of human rights norms.
The Indian Constitution The Indian Constitution enumerates the fundamental rights and duties of the State, and protects individual liberty by guaranteeing economic, social and political justice for all. The overarching philosophy of the Constitution is promulgated in a preamble that delineates the objects the State is obliged to promote and the spirit in which the constitutional provisions should interpreted, namely, the ideals of justice, liberty and equality
International Mechanisms and Instruments India is a signatory to international instruments that among others, obligates the State to take steps to eradicate discrimination and other segregationist practices. In addition to these anti-discrimination instruments, the government has ratified treaties
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that recognize that the right to adequate housing as a fundamental human right. The act of ratification legally binds the State to implement its obligations through legislative enactments, policy decisions, and judicial affirmation
Caste Based Discrimination Various international treaty bodies have raised concerns about the continued prevalence of caste and descent based discrimination. The Committee on the Elimination of All Forms of Racial Discrimination has noted that despite the passage of constitutional provisions and legal provisions in India, “widespread discrimination” continues that “points to the limited effect of these measures.” It emphasized that the perpetuation of the caste system contributes to the violation of human rights in India and urged the state and national governments to adopt urgent measures to combat the continued discrimination of vulnerable groups. In 2002 the Committee issued General Recommendation XXIX, stating that caste and descent-based discrimination are in direct violation of CERD obligations The growing international awareness about caste and descent based discrimination can partly be attributed to the advocacy efforts of the Dalit rights activists and organizations. With input and submissions from dalit rights organizations, the Sub-Commission on the Promotion and Protection of Human Rights unanimously passed a resolution to commission an expert to prepare a working paper on discrimination based on occupation and descent, further highlighting the issue of untouchability in South Asia.’” ***
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National Commission for the Denotified Nomadic and Semi Nomadic TTribes ribes Recommendations Balkrishna Renke
1. The Terms of Reference of the Commission refer to Denotified, Nomadic and Semi-nomadic Tribes. The Denotified Tribes include various Tribes notified as Criminal Tribes under the Criminal Tribes Act, 1871. Some of these Tribes are Nomadic Tribes as well. The-difference between Nomadic Tribes and Semi-nomadic Tribes (including pastoral nomads) is based on the frequency of their movement from one place to another. It is, therefore, desirable that the three categories may be reduced to two categories, viz. Denotified and Nomadic Tribes (DNTs) for the purpose of reference to these Tribes as a target group in the context of dealing with various issues relating to them. Henceforth, Denotified and Nomadic Tribes will be referred to as DNTs. 2. For implementing welfare schemes for DNTs, it is desirable that these Tribes are identified and their State/UT-wise lists are prepared by the States/UTs. The details of Denotified Tribes are contained in the Criminal Tribes Act, 1871, and its subsequent amendments to facilitate the preparation of State/UT-wise lists of Denotified Tribes to the Commission in response to the Commission’s questionnaire. Some States have made and sent the list of Denotified and Nomadic Tribes, but these lists do not appear to contain all the castes included in the category of Denotified & Nomadic Tribes. It is suggested that the State Governments/UTs which either do not have such lists or have incomplete lists may constitute a small Committee under the Chairmanship of the Chief Secretary along with concerned officers, 2-3 Community Leaders from DNTs, and one or two prominent anthropologists or sociologists as members to examine the inclusion of various castes in the list of Denotified and Nomadic Tribes in the State/UT, To assist the aforesaid Committee in theStates/UTs, the Commission has also prepared State/UT wise lists of nomadic tribes along with their synonyms based on evidence collected from various sources. These lists are only suggestive and The Social & Political Economies of Femicide in Andhra Pradesh
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the Committee may consider them for inclusion in the State/UT lists only after proper survey and verification. 3. To conceptualize the welfare schemes for the DNTs and to work out the financial implications it is necessary that the States/ UTs have information about their population in the State/UT in various Districts. Since DNTs have not been enumerated in the census as DNTs, it is necessary that the States/UTs undertake a quick house to house survey of the families of DNTs to work out their estimated population and their concentration in various Regions/Districts of States/UTs. This process may be completed in six months. 4. There is no authentic information about the population of DNTs in various States/UTs. Efforts were made to work out an estimated figure for their population. A rough estimate based on the 1931 census and other relevant information from various sources put their population between 10-12 crores in the country. However, to have a correct estimate of their population it is desirable that the Union Government initiate steps to enumerate DNTs in the next census due in 20II. 5. The Commission, during its visits to various States, noted that the Departments dealing with the welfare of DNTs are not adequately conversant with the socio-economic conditions of DNTs largely because of their lack of exposure to them. It is suggested that the State Governments may constitute an Advisory Committee at the State level/UT level under the Chairmanship of the Chief Minister/ Administrator of the UT. The Committee may include prominent anthropologists and sociologists, activists and community leaders of DNTs in addition to the concerned senior officers of the State Govt. / UT Administration. Similar Advisory Committees may be constituted at the District level under the Chairmanship of the District Magistrate and may include the Superintendent of Police, social activists and community leaders of DNTs. These Committees may hold their meetings at least every three months and may review and monitor the progress of various welfare schemes being implemented in the State/District for DNTs and may draw up future action plans.
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6. It has been see ?, that a large number of DNTs have been included either in the list of SCs, STs or the OBCs from time to time. However, these DNTs have not been able to take the benefit of various developmental schemes being implemented for SCs, STs, and OBCs. In order to enable the DNTs to take the benefit of various developmental schemes being implemented for the poor, it is necessary that the Union/State/UT Governments frame and implement separate welfare schemes for them as a separate target group irrespective of the fact whether they belong to SCs, STs or OBCs. 7. To enable the members of DNTs to avail ‘the benefits of various welfare schemes, it is necessary that they are issued Caste Certificates expeditiously and in a time-bound manner by the District Administration. The position with regard to the issue of Caste Certificates to DNTs is far from satisfactory. Also, if the applicant for the Caste Certificate is also an SC, ST or OBC, only one certificate needs to be issued for his belonging to a particular Denotified/ Nomadic Tribe and either SC, ST or OBC. It is also suggested that the District Administration may be made the final authority for the issue of caste certificate and no higher Committee need to be constituted at any other level to judge the genuineness of the certificate issued by the District Administration. It was found by the Commission that the Government of Maharashtra has constituted a Valid the Committee at the State level which examines each and every certificate issued by the District Administration. This not only takes a long time but also involves a great deal of hassle and inconvenience for the applicants. It is, therefore, recommended that the Government of Maharashtra may abolish the ‘Validity Committee’ forthwith. It is also suggested that (he District Administration may organize special on the spot camps in the hamlets inhabited by DNTs for the issue of caste certificates so that the applicants may get caste certificates without much running around various Government offices.
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8. The Commission wants to strike a note of caution to this 3tates/UTs to exercise adequate vigilance and supervision in the matter of issue of Caste Certificates to avoid the possibility of issue of false certificates. 9. BPL (Below Poverty Line) card is another handicap faced by the DNTs and without BPL cards; they are not able to qualify for the benefits of various welfare schemes meant for the weaker sections and the downtrodden. The State Governments may launch a special programme to have BPL cards issued to the eligible families belonging to DNTs. 10. Similarly, a large number of DNT families are without Ration Cards which deprive them of the benefits of the Public Distribution System to purchase essential commodities at concessional rates from the Fair Price Shops. The Nomadic Tribes are the worst hit by this situation. Denotified Tribes, particularly Nomadic Tribes, are largely BPL population. It is, therefore, necessary that the States/UTs undertake the exercise of issuing Ration Cards to DNT families by organizing a special campaign both for urban and rural areas. 11. The Denotified and particularly the Nomadic Tribes are unable to exercise their right to vote as either they are ignorant or are on move from one place to the other and have not been included in the voters’ list. It is also because these people may no- have permanent residences. Steps need to be taken by the Union Government, the Election Commission of India, and the State Governments to undertake a special campaign for inclusion of their names in the voters’ lists. 12. It has been seen that DNTs are living in slum conditions all over the country both in urban and rural areas. They live either in the open, small and makeshift tents or in small hutments or improvised pucca or kachha houses. Not only the space occupied by such houses, etc., is far too inadequate in comparison to the size of their families but their settlements are virtually slums. During their visits to such settlements in some States, the Commission found that these settlements did not have the facility of common amenities
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like sanitation, clean drinking water, sewerage, electricity, roads and public latrines, etc. The local body did net appear to have done anything in this regard. The need of the hour is that the local bodies ensure that the situation in such settlements is improved forthwith so that the DNTs are able to enjoy at least the basic civic amenities till they get shifted to better places of settlement. 13. It has also been seen that there are some housing colonies of DNTs in some cities and towns in the country but, apart from the feet that such colonies miserably lack civic amenities, they do not also have the facilities of a Community Centre/Panchayat Hall, which could be used by the DNT families for marriages and other similar social functions/get-together(s), etc. Similarly, there are no play grounds for their children, gyms, etc. It is well known that members of DNTs are not allowed to use these facilities available in other nearby areas of the city/town. It is suggested that Local Bodies provide such facilities to the housing colonies of DNTs. 14. The Ministry of Social Justice and Empowerment and State Governments/UTs are responsible for implementing various schemes for the development of Scheduled Castes, Scheduled Tribes and Other-Backward Classes (OBCs). These schemes, inter alia, relate to grant of various kinds of scholarships, construction of residential schools for boys and girls, hostels, coaching centers, educational loans, studies in foreign universities, training for various technical jobs like pilots etc. It is suggested that the Ministry may earmark appropriate outlays for such schemes .for DNTs in the same ratio as is being presently done for SCs & STs through a dedicated delivery system. Similarly, the Ministry of Rural Development may earmark separate funds for old age pension to DNTs. It is also suggested that all the Ministries/ Departments/ PSUs and other Govt. agencies and institutions may extend the same benefits and concessions, etc., to DNTs as are being done for SCs. 15. Housing is a basic human need. While a large number of Denotified Tribes are settled, Nomadic Tribes are generally on the
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move in pursuit of their traditional occupations for livelihood. Also, in view of the changing economic scenario, their age old traditional occupations are gradually losing relevance in providing the desired livelihood support. The Nomadic Tribes are increasingly veering to the view that they settle themselves at one place or the other and take to alternative professions. Indira Awaas Yojana Is the flagship scheme of the Union Government for providing homes to the rural poor which is being operated on 75:25 bases, the annual flow of funds from the state exchequer was Rs.4400 crores during the XIth Plan. While DNTs are also covered under the eligibility criteria under this scheme but since their priority is so low that it is estimated that the number of beneficiaries of this scheme from the category of DNTs is negligible. The Commission is of the strong view that considering their number and the fact that they have not been given much importance in providing houses, the Central Govt. may earmark at least 50% of the current outlay for Indira Awaas Yojana for building houses only for DNTs during the XIth and the subsequent Plans and this scheme for DNTs may be rechristened as Indira Awaas Yojana for DNTs. 16. The problem of housing in urban areas is still worse. The continuing influx of population to urban areas has led to, inter alia, slums where a large number of poor families have come and settled in tents. These families consist of migratory labour as also the DNTs. The living conditions of these families are not only subhuman but also create pressure on basic urban services for the entire urban population. It is gratifying to note that the Ministry, of Housing and Urban Poverty Alleviation has already launched an ambitious scheme under the Jawaharlal Nehru National Urban Mission for slum clearance and for the improvement of urban infrastructure in general. Since a large number of families belonging to DNTs live in such slums, the slum clearance programmes under the above scheme will enable thesefamilies to enjoy the benefits of this scheme in terms of housing and urban infrastructure.
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However, considering the poor plight of DNTs, it is suggested that the above scheme is slightly modified to provide that the DNTs of these slums may be given top priority for housing and development of urban infrastructure. It is hoped that a large number of DNT families will be benefited by the implementation of this scheme. The scheme also lays down that housing should not be provided free to the beneficiaries and a minimum of 12% in general and10% in the case of SC/ST/DC/OBC/PH and other weaker sections be charged. The Commission is of the view that considering the poor conditions of Nomadic Tribes, they may be charged only 5% as against 10% for SC/ST, etc. The Commission had an occasion to see this scheme being implemented by the Union Territory of Chandigarh and the Small Flats Schemes, 2006, being implemented by them. Though there was no distinction kept between the general and the DNT slum dwellers, the Commission found the implementation of the scheme to be one of the best and compliments the UT Administration for the same. 17. The Jawaharlal Nehru National Urban Renewal Mission is presently applicable only to certain big cities and towns in the country. There are a large number of smaller cities and towns also in the country. A large number of DNTs have settled and created slums in such small cities and towns as well. It is suggested that the States/ UTs may implement similar Housing Schemes for DNT slum dwellers as in big cities and towns with a beneficiary contribution of 5% in case of DNTs. This scheme may be taken up for implementation on priority basis. It may also be ensured that the DNT families are not uprooted from their present location until alternative housing facilities are created for them. 18. The Central Government launched a scheme, namely. Golden Jubilee Rural Housing Finance Scheme in 1997-98. This scheme envisages the sanction of credit to individuals desirous of constructing/acquiring new dwelling units and for improving or
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adding to existing dwelling units in rural areas at normal rates of interest. Considering the shortage of houses for DNTs, it is suggested that this scheme may be reviewed and modified suitably in the changed circumstances with a view to benefiting the DNTs by providing for suitable subsidy in the rate of interest. 19. Considering the size of the demand for houses for Nomadic Tribes, it is also suggested that the Union and the State Governments may launch a scheme to develop Special Socio-Economic Settlement Zones (SSESZ) for Nomadic Tribes at suitable locations on the lines of the Special Economic Zones for industrial units. The SSESZs may be developed to provide built up houses to live along with a small piece of land attached to such houses to enable the family to carry on their profession as well. Locations of such SSESZ can be in the neighborhood of either SEZs or the other industrial areas or trade or business centers to enable the residents to get an opportunity for employment. Such SSESZs can be developed for at least 100 families at one place with minimum infrastructure, like electricity, drinking water and schools, etc. 20. Education, by far, is a basic agent of change in the process of socio-economic development of disadvantaged groups. DNTs are no exception. While the Central Government launched its flagship programme of Sarva Shiksha Abhiyan (SSA) in 2001-02 for the whole of the country irrespective of caste or religion and the national rate of literacy is gradually inching up, it has not been able to make much headway for DNTs mainly for two reasons. One, there is not enough awareness for education among the DNTs living in far flung areas and moving round the year from one place to the other in search of livelihood; and second, the children of these Tribes are looked at as additional hands for eking out livelihood, for the family. Thus, the rate of literacy among DNTs is much less than any other social segment of population. It is, therefore, necessary that special efforts are made to undertake a massive awareness programme for DNTs to convince them to send their children to schools. Though SSA also promotes girls’ education to eliminate gender disparities, the position
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of girls education in DNTs is far too bad and special efforts are to be made to improve the situation. 21. To attract more arid more DNT children to schools there is an urgent need to open primary schools in the areas predominantly inhabited by DNTs if they do not already exist and provide-free education to these students along with the CDS facilities. Such schools can be run either by the State Government or by good NGOs with appropriate grants from the State Governments. 22. The Sarva-Shiksha Abhiyan (SSA) aims at universalizing elementary education with community-ownership of the school system. The National Mission of Sarva Shiksha Abhiyan has constituted six sub-missions for various areas of SSA. While one of the sub-missions relates to education of disadvantaged groups including girls, SC/ST/minorities urban deprived children and disabled children; this sub-mission does not specifically mention the DNT children, it is suggested that a separate rub-mission may be constituted for the DNT children to facilitate regular review of the performance of states in this regard. Similarly, a separate Task Force (TF) be constituted for this sub-mission with experts and specialists so that the TF can review and monitor the progress of SSA’ for DNTs including the Kasturba Gandhi Balika Vidyalaya scheme. 23. To further strengthen the educational infrastructure for DNTs, the Government needs to open residential schools separately for boys and girls in the areas inhabited by DNTs for upper primary students. The scheme of Kasturba Gandhi Balika Vidyalaya launched in July, 2004 needs to have a separate annual target fixed for girls belonging to DNTs residing in interior rural areas in various States/ UTs. This is a useful scheme and needs to be implemented on priority basis, 24. In order to further spread education among DNTs, the State Governments should open Residential Schools separately for boys and girls in DNT dominated areas for free education, lodging and boarding. 25. To facilitate the process of attracting boys and girls belonging
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to DNTs to Post Matric levels of education including technical education, the Government needs to open and run hostels separately for boys and girls at the District and Taluka levels. One or two such hostels need to be opened in Delhi on the same lines as done for the students belonging to the North Eastern Region. 26. Along with the educational infrastructure, the Government needs to create infrastructure for skill development of DNT students at various levels of education. This is extremely important in view of the increasing need for skilled manpower in the changing economic context as also the need for creating opportunities for the employment of DNTs. This will mean setting up polytechnics, it is, etc., in the DNT dominated Districts so that DNT students are equipped with the required skills to enable them to seek employment. 27. National Small Industries Corporation is running Technical Centers at various places in the country. It is also understood that NSICIs planning to open more such centers in partnership with the private entrepreneurs on franchise basis. These centers provide framing for the development of entrepreneurship and also training in various trades to men and women irrespective of age. The minimum educational qualification for training in various trades is the ability to read and write. This facility of talent building will be extremely useful to the youth of the Denotified & Nomadic Tribes. It is suggested that the Ministry of Social Justice and Empowerment may execute an MOU with the NSIC for training men and women belonging to Denotified & Nomadic Tribes in various parts of the country to enable them to either set up their cottage industries or see!: wage employment in the trades in which they take training. The arrangement for such training to the Denotified and Nomadic Tribes may be made free of cost. 28. Khadi & Village Industries Commission (KVIC), being the largest employment provider in rural areas, are implementing a number of schemes for self- employment, or for setting up micro, small and medium industries in rural areas. For example, Rural
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Employment Generation Programme (REGP) is their latest flagship programme to provide employment in rural areas. It has been noticed that REGP and other schemes of KVIC .do not specifically mention DNTs as beneficiaries like SC/ST/OBC women, physically handicapped / ex-servicemen and Minority community. It is recommended that KVIC may also include DNTs as the potential beneficiaries of their on-going schemes. This will provide DNTs ah opportunity to seek gainful employment to improve their living standards. 29. A large number of members of Denotified & Nomadic Tribes are small artisans and make a variety of handicrafts in various parts of the country. These include items made of clay, plaster of paris, glass, stone, marble, bamboo, etc. The major problem being faced by these artisans is in the areas of procurement of raw material, marketing and credit, etc. It is, therefore, desirable that the Central Cottage Industries Corporation of India Limited, the Handicrafts and Handlooms Exports Corporation of India Limited, extend the, benefits of their schemes to the artisans belonging to the Denotified & Nomadic Tribes. 30. A large number of DNT families earn their livelihood by selling vegetables, fruits, datun, second hand clothes and many other similar articles as street vendors/hawkers/ peddlers. However, they face difficult is in getting licenses from the Local Bodies. It is suggested that special market zones may be developed at suitable places in large cities, giving them priority in the allocation of space. Such special markets exist in several cities but under the titles of ‘Bhikbazar’ or ‘Chorbazar’, which actually are the poor man’s markets. These should be turned into dignified market places for the DNTs with priority given in space allocation for them. 31. It is also suggested that State Government may arrar.ge to provide small showrooms and marketing outlets to artisans belonging to Denotified & Nomadic Tribes in the urban market places. It will help them to market their products. 32. To ensure that the Bank Loans reach the DNT to enable them to undertake suitable economic activities, it is necessary that
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an appropriate percentage of the Priority Sector Lending is targeted for the DNTs with in the overall target for Priority Sector Lending and the sub-target of 25% for the weaker sections. The progress of disbursement of loans to DNTs under the Priority Sector Lending may be reviewed and monitored regularly by the District level Bankers Advisory Committees and the State Level Bankers Advisory Committees from time to time to ensure that the DHTs also receive an equitable portion of the bank credit. 33. It is gratifying to note that the Government has adopted ‘financial inclusion’ as the mainstay of the rural credit policy in the country. In this context, it is strongly recommended that the Denotified, Nomadic and Semi-nomadic Tribes be extended the benefit of this policy on priority basis by forming Self Help Groups of men and women among these Tribes. 34. DNTs are, jy and large, the poorest section of the society and except that some of them have been included in the lists of SCs, STs, and OBCs from time to time, no separate welfare schemes have been implemented for them. As suggested earlier, DNTs heed to be treated as a separate target group for the purpose of implementation of poverty alleviation programmes. In this context, it is necessary that a DNT Sub-Plan on the lines of SCSP may be implemented as an umbrella strategy to ensure flow of targeted financial and physical benefits from all the general sectors of development for the benefits of DNTs. Accordingly, States/UTs and Central Ministries may be required to formulate and implement DNT Sub-Plan for DNTs during the XI Plan as part of their annual plans by earmarking resources in proportion to their share in total population. 35. A separate Finance and Development Corporation for DNTs, like National Scheduled Castes Finance & Development Corporation, may be set up at the centre which may implement similar welfare schemes for DNTs as is being done for the Scheduled Castes at present. 36. Similarly, DMT Finance and Development Corporations be set up by the States for identifying eligible DNT families and
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motivating them to take advantage of the development related schemes, sponsoring the schemes to financial institutions for credit support, providing financial assistance in the form of margin money at low rates of interest and subsidy in order to reduce the repayment liability and providing necessary tie-up with other poverty alleviation programmes. The State level Finance & Development Corporation may also finance employment oriented schemes covering (i) Agriculture and allied activities; (ii) Small Scale, Micro and Tiny Industry; and (iii) Transport and Service Sector. 37. DNTs constitute the most socially and economically backward sections of the population. The fact that some of these tribes have been included in the list of SCs, STs, or OBC from time to time it has perhaps been presumed that they are getting the benefits of the welfare schemes implemented for SCs, STs or OBCs. Sadly, the situation is far from it. It is, therefore, extremely necessary that considering their population in the country the focus now shifts to DNTs as s separate target group of population and a suitable mechanism is evolved to channalise the Government assistance earmarked for them through a separate dedicated delivery system. Accordingly, there is a need for a separate department for the welfare of DNTs at the state level, a separate Directorate of Welfare of DNTs and a separate District level officer for the welfare of DNTs in the State. Similarly, there is a need for a separate Ministry/Department for the welfare of DNTs at the Centre. 38. The Commission has noted that a large number of pursuing their traditional occupations, and thus have been catering to various needs of the society.� Unfortunately, almost all these professions have come to a naught due to either technological advancement and/or enactment of certain laws on various subjects in the country. A typical example of this phenomenon is the enactment’ of laws relating to Wild Life Protection, Prevention of Cruelty to Animals and the Environment Protection. As a result of these laws, lakhs and lakhs of snake charmers, monkey players, Kalandars, bird catchers and people using plants for herbal medicines, etc., have not .only
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lost their professions in the middle of their lives, but are also facing police action and harassment by the NGOs and the Government employees every now and then. After having lost their professions being the only source of their livelihood throughout the history of mankind, they are on the verge of starvation with there being no possibility of changing their professions for want of education or technical’ skill and know-how. While there is no denying the fact that such laws are desirable in the overall ecological and environmental security of the country, it is perhaps equally desirable to ensure that the people affected by such laws are satisfactorily rehabilitated. India is a large country with immense bio-diversity, flora and fauna. Even if the relevant laws are amended to allow the Nomadic Tribes to pursue their traditional occupations involving wild life and plants, etc., it is not going to make much difference to the overall position of biological diversity in the country, it appears that this aspect has not been given adequate weightage before enacting these laws. It also needs to be appreciated that the current generation of people who have been pursuing these professions for a long time cannot take to alternative sources of livelihood at this late stage of their life.) Also, training wild and domestic animals for entertaining people particularly / in semi-urban and rural areas is not only a great ‘art’ in itself but also a great source of entertainment to the people. Since the animals provide a source of livelihood to large number of families, it is unfair to think that they would treat their animals with cruelty. In view of this background, the Commission strongly recommends that the existing laws may be revisited and suitably amended to eatable the nomadic tribes to continue to use wild animals and herbal plants without any restrictions to pursue their traditional professions. 39. Pastoral Communities are an integral part of Nomadic Tribe population in the country. Their traditional occupation has been livestock breeding and marketing and sale of livestock products like milk and wool, etc. The livestock generally include sheep, goat, buffalo, cow and camel. Unfortunately, with the passage of time,
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they are in distress and are finding it difficult to continue their traditional occupation for certain reasons. The basic and the foremost reason is the diminishing grazing lands for their herds. Traditionally, gazing lands have been earmarked in rural areas .but, unfortunately, with the passage of time, these lands have either been illegally occupied or have been diverted for-some alternative use. This is adversely affecting the occupation of pastoral communities. In view of this situation, State Governments have to ensure that pastures and grazing lands as provided in the revenue records of villages and towns are restored to their original character. In addition, new pastoral zones with basic amenities for the pastoralists may also be developed. 40. The Commission has already recommended the setting up of residential, schools for the children of nomadic tribe. It is suggested that similar residential schools be run for the children of pastoral communities and should be located on the migratory routes of these communities .to that the parents find it easy to send their children to such schools and to remain in touch with them during their movement from one place to the other. 41. It is aiso suggested that Mobile Dispensaries for veterinary care, be provided on the migratory routes of the Pastoral Communities for their cattle as also for their families. Arrangements should also be- made to deliver technical guidance on continuous basis to the pastoralists to upgrade the quality of their livestock. 42. It has been seen in the past that the herds of the pastoralists suddenly fall-prey to natural calamities and thus adversely affect the pastoral communities. ‘It is suggested that the Government compensate these communities for the adverse effect of such calamities. 43. Pastoralists rearing sheep, goats and camels are deprived of several benefits as these animals are not included in the list of “useful animals1'. It is suggested that the above mentioned animals may also be recognized as ‘useful animals’ and necessary steps undertaken for their development.
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44. One of the major problems being faced by the Denotified Tribes is a continuing stigma of criminality about them which has made them vulnerable to frequent police action merely on the basis of suspicion. It is, therefore, necessary that the Denotified Tribes get rid of this stigma at the earliest and live a dignified life like the mainstream citizenry of the country. To achieve this objective it is necessary that the syllabus and contents of training for police from top to bottom is reviewed by a small Committee under the Chairmanship of the Union Home Secretary in the Centre and the Chief Secretaries in the States/UTs, and based on its recommendations necessary steps initiated to implement these recommendations in the country to save DNTs from the avoidable harassment by police by implicating them in false criminal cases. It is also necessary that a massive awareness programme is launched to sensitize both the police and the public that these Tribes are not criminal by birth. 45. The DNTs arc also victims of atrocities like Scheduled Castes committed by anti- social elements. It is, therefore, necessary that the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 be, mutatis mutandis, made applicable to DNTs as well and the central assistance be granted to the States in the ‘same ratio as in the case of SCs and STs. Similarly, special cells may be set up by the States for the implementation of the above Act. To expeditiously prosecute cases under this Act, the number of Special Courts be suitably increased to effectively deal with the cases relating to DNTs. It is also necessary that the progress for implementation of this Act ‘is reviewed and monitored by the Central Government with the senior officers of the State Government from time to time. 46. It has been observed in many villages that villagers do not want the DNTs to stay in their villages or village area; some Gram Panchayats (GPs) have resolved to evict the DNTs from their GPs; and in some villages Bastis of the, DNTs are raged or destroyed. Hence, to curb this, it is suggested that the Government nay award
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incentives in the form of subsidy/loan Or other monetary assistance to the villages where the DNTs are included in the development process of the village through creation of assets for the DNTs like houses, pattas, small piece of agricultural lands, right to use the’ water source of the village, employment guarantee schemes, etc. 47. It has been observed that in most of the cases of atrocities committed against the DNTs the villagers or a group of villagers are involved and all the accused get acquitted due to lack of identification and evidence. Hence it is recommended (hat whenever such a crime takes place where alI the villagers recommended that whenever such a crime takes place where all the villagers or a group of villagers are involved, the entire village should be collectively punished. The punishment may be in the form of stopping or holding up the financial assistance, or loans which are supposed to come to the village for at least 2/3 years. 48. The effect of the Criminal Tribes Act, 1871 is the legacy of the British and it needs to be brought to an end to save a large number of people belonging to Denotified & Nomadic Tribes from avoidable police harassment. Apart from the aforesaid recommendations, it is also suggested that the investigation of criminal cases filed against the Denotified & Nomadic Tribes is done by a Dy. S.P. It is also suggested that a senior police officer a: the District level be specially authorized to hear the grievances of misuse of law against and harassment of the members of the Denotified and Nomadic Tribes. Also, in case the investigation of a criminal case against a member of the Denotified & Nomadic Tribe does not fructify for prosecution, the victim should be financially compensated by the State Government for his harassment for which a suitable policy/criteria may b>e determined by the State/UT administration. 49. The stigma of criminality and the consequent harassment of Denotified & Nomadic Tribes is the major problem affecting crores of people in the whole of the country. It is suggested that the Union Government may organize a conference of Chief Ministers of States and Administrators of Union Territories to discuss various issues
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relating to this problem and steps that need to be taken not only to sensitize the administration in general and the police in particular but also to generate awareness among the people at large to save Denotified & Nomadic Tribes from harassment at the hands of the police and the anti-social elements. The major problems affecting the DNTs are their involvement in false cases by the police, atrocities by anti-social elements and restricting their freedom of movement in pursuance of their traditional occupations, etc. 50. To prevent the harassment of DNTs in general, it is recommended that a Member each of the National Human Rights Commission at the National level and a Member of the State HumanRights Commission at the State level is appointed from amongst the DNTs. 51. The women belonging to DNTs are particularly prone to harassment not only by police but also by antisocial elements. To save DNT women from such harassment and to enquire into such cases and to create a feeling of goodwill about them in society, it is desirable that a Member each of the Commission for Women and of the State Commission for Women be appointed from amongst the DNT women. 52. The Union Government has opened a new chapter in the history of the process of upliftment of socially and economically disadvantaged groups by constituting the National Commission for Denotified, Nomadic, and Semi-nomadic Tribes and by entrusting it the task of making recommendations for the development of DNTs in the country. Considering the fact that the Denotified and Nomadic Tribes are the most marginalized and disadvantaged sections of our society, it is desirable that a regular National Commission for the Denotified and Nomadic Tribes is constituted to provide constitutional safeguards to the members of the Denotified and Nomadic Tribes like the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes,’ and to aid and assist the Union and the State Government to review and monitor the implementation of the recommendations of the National
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Commission for Denotified and Nomadic Tribes. The National Commission may be created by an amendment in the Constitution on the same lines as the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. 53. Considering their socio-economic conditions, which are generally worse than those, of the Scheduled Castes and the Scheduled Tribes, it is suggested that they may be given constitutional status and support on the same lines as given to the Scheduled Castes and the Scheduled Tribes under Article 341 and Article 342 of the Constitution. Accordingly, the Constitution may be amended by adding Article 342 A as follows:342-A. Scheduled Communities – (1)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 castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purpose of this Constitution be deemed to be Scheduled Communities (Denotified and National Nomadic Tribes), in relation to that State or Union Territory, as the case may be. (2) Parliament may, by law, include in or exclude from the list of Scheduled Communities specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but have as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. 54. Similarly, the Constitution may be amended to include “Scheduled Communities� under Article 330 and Article 332 to enable these communities to be eligible for reservation of seats in the House of the People and in the Legislative Assemblies of the States. 55. Simultaneously, Scheduled Communities (Denotified & Nomadic Tribes) which have been included in the list of Scheduled Castes and in the list of Scheduled Tribes may be excluded from these lists in-accordance with Article 341 (2) and Article 342 (2) of the Constitution. About such Scheduled Communities as have been
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included in the list of the OBCs may be excluded from such list in accordance with the provisions of National Commission for Backward Classes Act, 1993. 56. Considering the population of Denotified and Nomadic Tribes in the country and their non-participation in the democratic process, it is suggested that seats in every Gram Panchayat may be reserved for Scheduled Communities (Denotified and Nomadic Tribes) including women on the same lines and on the same principle as is being done for Scheduled Castes, Scheduled Tribes, and Other Backward Classes (OBCs). Similarly, seats may be reserved for Scheduled Communities (Denotified and Nomadic Tribes) in Block/Taluka Panchayats and Zi’.a Panchayats/Zila Parishads on the same lines and on the same principle as is being done for Scheduled Castes. 57. A large population of Scheduled Communities (Denotified and Nomadic seats may be reserved in all the Urban Local Bodies for Scheduled Communities (S Coms) on the same lines and on the same principle as is being done for Scheduled Castes to enable them to participate in the democratic process. 58. Considering the ‘Commission’s recommendations for a separate DNT Sub-Plan, a separate Ministry/Department at the Central Government level, a separate Fin;: nee & Development Corporation for DNTs at the national level, additional resources will have to be provided in the Union Budget. In view of the continuing robust growth in the collection of Government revenues, it may not be difficult to provide budgetary support for. the welfare schemes to be launched for DNTs. This will also. hold good for the States/UTs. 59. To mobilize additional resources to improve the socioeconomic conditions of DNTs, it is suggested that 10% of the funds earmarked for M.P. Local Area Development Fund may be spent on schemes and programmes involving creation of physical infrastructure for the welfare of DNTs. This may include construction of residential schools, hostels, vocational training centers, and purchase of land and construction of houses for DNTs. Similar
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arrangement may be made in respect of funds allocated to MLAs/ MLCs in the States and Councilors in Urban Local Bodies. 60. It is a welcome development that the corporate world is increasingly undertaking various welfare projects for the benefit of the poor in the discharge of their Corporate; Social Responsibility as a voluntary initiative. These projects include creation of facilities in the field of healthcare, insurance, education, vocational training and housing, etc., both in rural and urban areas. This may be a major source of non-governmental assistance which can be channelized for the welfare of DNTs in various parts of the country. It is suggested that the Union and State Governments may proactively encourage and motivate the growing private sector to take their support and cooperation to undertake need based projects for the welfare of DNTs in particular. 61. If the resources still fall short of the requirement to fund the welfare schemes and programmes for the DNTs, the Union and the State Governments/UTs may impose a suitable cess like the education cess for generating additional resources. 62. It is also suggested that the schemes and programmes for the welfare of DNTs may preferably be implemented on Public Private Partnership basis as far as possible. This will not only reduce the financial burden of the Government, but will also help in raising the efficiency of the delivery system to maximize the impact of welfare schemes for DNTs. 63. Nomadic Tribes are communities living unsettled over generations. However, times have changed and the communities have reached a dead end, where they cannot continue with their wandering life style any more. The vanishing common property rights, improvement in infrastructure in the communication systems and media have made the whole world a small village and have thrown these communities out of gear since they are not able to continue with their traditional sources of livelihood. In order to provide sustainable livelihood to these completely asset less people, top priority should be given to create new
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settlements there activities like housing, education and creation of the source of income will be started simultaneously. For this purpose, they should be settled on Government lands lying idle or on lands to be acquired by the Government. The Government should immediately bring into effect a ‘Right to Minimum Land Holding Act’ according to which each Nomadic family (of not more than five persons, larger families getting more allocation in that proportion) may be allotted at least one acre of cultivable land on nominal lease basis with assured irrigation. Such Pattas may be allotted to SHGs of Nomadic Tribes in a pooled manner for those who want to engage themselves in agro or primary food production activities, on a non-transferable basis so that the group together can create sustainable assets on the land, on a scientific basis, with proper training. 64. It is also suggested that the allotment of houses or plots or agricultural land may be allotted to DNTs on the condition that the allottees will not be able to transfer tie house, plot or agricultural land to any person. 65. Since education is the cornerstone for the upliftment of DNTs, the Ministry of HRD may earmark separate outlay for the DNTs for the XI Five-Year Plan and monitor its utilization accordingly. This will ensure focused attention of the Government on the education of DNTs and the required flow of funds there for. 66. Presently, SCs, STs and OBCs are enjoying the benefit of reservation in Government jobs. While some of the Scheduled Communities (Denotified and Nomadic Tribes) being in the lists of SCs, STs and OBCs are also eligible for such reservation, in effect, they are getting virtually no benefit as the comparatively better off and dominant castes in these lists take almost the entire benefit of reservation. In order to enable the Scheduled Communities (Denotified and Nomadic Tribes) to enjoy the benefit of reservation, a separate percentage of reservation in Government jobs to be given to them on the same lines and on the same principle as is being given to SCs and STs. It is estimated *hat their population is more
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than ten crores. In view of this, it is suggested that the Scheduled Communities be given 10% reservation in Government jobs even if the total reservation exceeds 50% as an integral part of the Affirmative Action programme for the socio-economic upliftment of these communities. 67. During its visit to the States of Maharashtra and Gujarat, the Commission found that Section 63 of the Bombay Tenancy of Agricultural Land Holding Act, 1948, infer alia, prohibits transfer of land to non-agriculturists. In view of this provision, a member of the Denotified or Nomadic Tribe who is not an agriculturist cannot purchase agricultural land for himself. Since most of the DNTs are nor-agriculturists, they are not able to purchase agricultural land for themselves, ft is suggested that the State Governments may revisit such provisions and suitably amend the relevant provision to enable DNTs to purchase agricultural land-for their livelihood support. Other States/UTs may. also examine the relevant laws for a similar action. 68. The Commission also found that Rules regarding admission to Agriculture Colleges in Maharashtra bar admission to Agriculture Colleges if the applicant is not an agriculturist. Therefore, if applicants belonging to DNTs apply for admission to Agriculture Colleges do not get admission as they are not agriculturists. This Rule appears to be unfair and needs to be changed to enable DNT applicants, most of whom are non-agriculturists, to seek admission in the Agriculture Colleges in the State. 69. A major handicap in enabling DNTs to take advantage of various welfare schemes of the Central and State Governments is not only their ignorance about such schemes but also lack initiative, Confidence courage and conviction due to their long standing social exclusion. In such a situation, the implementing Government agency at the grassroots needs to organize an aggressive sensitization campaign for them by visiting their settlements both in urban and rural areas familiarizing them about various welfare schemes and helping them in preparing their applications, etc., forwarded to the relevant authorities, and thus ensuring that the maximum number
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of such applicants get the benefits of the welfare schemes. 70. The Central and State Governments /UTs may promote the setting up of a Community Service-cum-Information Centre for DNTs through an NGO with the objective of helping DNTs needing guidance and counseling in the fields of education, health and employment. The Centre may be equipped with computers and latest literature on the relevant welfare schemes. Experts available at the Centre will especially, guide DNT youth in choosing the career options, acquiring skills for self-employment and availing bank credit either individually or through Self Help Groups. The Centre may also be equipped with a toll free help-line. 71. Since DNTs and particularly, nomadic tribes, live and wander in far flung areas, which are not easily accessible, it is suggested that suitable programmes regarding various welfare schemes being implemented by the Government are regularly broadcast in the local language from the nearest All India Radio schemes being implemented. Similarly, a weekly TV programme may also be introduced on the lines of Krishi Darshan by Doordarshan to sensitise and familiarize the DNTs living in the urban and semi-urban areas about various welfare schemes, etc., being implemented for them. 72. During its visit to various States, the Commission found that a large number of States (about seventeen)’have set up Research Institutes for Scheduled Castes and Scheduled Tribes which undertake research on various issues relating to SCs and STs also the evaluation of impact of various welfare schemes relating to their socio-economic development. It is suggested that similar Research Institutes should be set up by the States/UTs for DNTs. 73. Considering the rich cultural heritage and the need to preserve it, it is recommended that a complex/Academy may be set up in every State/UT to develop, preserve and exhibit the diverse and rich cultural heritage of DNTs:- It will support and preserve arts, crafts, music, dance, folk-lore and indigenous knowledge systems of DNTs for their further development. 74. The Commission during its field visits observed that in the
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School Leaving Certificates of same students belonging to the nomadic tribes, the name of the caste of the student was written as Beggar or Bhikshuk or Firaste (Wanderer), etc. It may be because the parents of such students being illiterate do not know how to fill up the enrolment form and therefore, they request either the teachers or someone else to do the same, In such cases the teachers/ middlemen write the name of caste of the students as per their own understanding and knowledge. The result is that it becomes very difficult for the students to get caste certificates from the competent authority on the best of caste. It is, therefore, recommended that the name of the caste of the student (which was registered wrongly) should be corrected in the school records itself. For this, a request/ application to the concerned school should come from the concerned student, approved by his/her caste panchayat or general body of the community. 5. DNTs are by and large asset less and jobless. To assist them economically, the following steps are recommended. (i) Some communities (like Oddar, Od, Vadar, Bedar. etc.) have been traditionally associated with occupations related to lime work digging earth carrying sand, mining, quarrying, and so on. Presently in many States/UTs, a large number of these people are engaged in construction industry as unorganized laborers in carrying, loading and unloading of sand, cutting and crushing stones, etc. It is suggested that the State/UT Governments may organize Self Help Groups (SHGs) and Cooperative Societies of these people and provide the above said jobs to their Self Help Groups and Cooperatives on contract basis so that the concerned communities are assured of a sustained living. (ii) A large number of DNTs are engaged in rag picking in cities and towns and are living in extremely unhygienic conditions with no knowledge and understanding of the aspects of safety in their jobs. It is suggested that the State/UT Governments may make arrangements to ensure safety and health of these people while they are in their occupations dealing with hazardous waste material as a
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part of their occupation. It is also suggested that those who are engaged in collecting solid waste material may be given training in waste recycling process and provided with support and assistance to set up waste-recycling plants/units. The State Governments/UTs may also provide access to the solid wastes to their SHGs and Cooperatives free of charge. It is further suggested that the waste paper from Government offices may be sold to the SHGs or Cooperatives of the DNT communities through negotiation and not through Tender. (iii). It has been observed that there are unused Government lands along the banks of rivers, ponds, dams, etc. Similarly, lands along the highways are lying idle, it is suggested that such lands may be allotted to DNTs on lease basis to enable them to grow crops, vegetables, plants and flowers and herbs, etc. 76. As stated earlier, a number of castes/communities from amongst the Denotified, Nomadic and Semi-nomadic Tribes have been included in the lists of SCs, STs, and OBCs from time to time. It has been noticed that in many cases the same caste/community has been included in the list of SCs in one or more States, and the same caste/community has been included in the lists of STs or OBCs in some other States and has not been included in any list at all in some States. Similarly, a caste/community has been included in one list in some Districts of the State and in another list in some other Districts and in no list in the renaming Districts. This is not only unreasonable but also discriminatory .i-d iniquitous and has created anger and dissatisfaction among various caste / communities in the Country. Such examples ha\c been referred to in the chapter in ‘Anomalies’, It is, therefore, strongly recommended that all such anomalies be identified and corrected to ensure that a caste/ community is in the same list in all the States and also within the same State. It has also been noticed that various Denotified, Nomadic and Semi-nomadic Tribes have been identified district-wise in the same State. This is also unreasonable. *** 84
Comments of National Commission for Scheduled T ribes Tribes on 76 recommendations submitted by
National Commission for Denotified Nomadic and Semi-Nomadic T ribes Tribes (NCDNSNT) Subject: Comments of NCST required by Ministry of Tribal Affairs on recommendation no 45, 47 & 76 related to MTA out of total 76 recommendations in its Report submitted by National Commission for Denotified Nomadic and Semi- Nomadic Tribes (NCDNSNT), constituted in March, 2005. Ministry of Social Justice and empowerment has requested advice on NCST on recommendation no 53 and 55 of the NCDNSNT’s Report.
I. Proposal in brief. Ministry of Tribal Affairs has requested the comments on the following recommendations of NCDNSNT. 45. The DNTs are also victims of atrocities like Scheduled Castes committed by anti- social elements. It is, therefore, necessary that the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 be, mutatis mutandis, made applicable to DNTs as well and the central assistance be granted to the States in the same ratio as in the case of SCs and STs. Similarly, special cells may be set up by the States for the implementation of the above Act. To expeditiously prosecute cases under this Act, the number of Special Courts be suitably increased to effectively deal with the cases relating to DNTs. 47. It has been observed that in most of the cases of atrocities committed against the DNTs the villagers or a group of villagers are involved and all the accused get acquitted due to lack of identification and evidence. Hence it is recommended that whenever such a crime takes place where all the villagers or a group of villagers are involved, the entire village should be collectively
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Punished , The punishment may be in the form of stopping or holding up the financial assistance, or loans which are supposed to come to the village for at least 2/3 years. 76. As stated earlier, a number of castes/communities from amongst the Denotified, Nomadic and Semi-nomadic Tribes have been included in the lists of SCs, STs, and OBCs from time to time. It has been noticed that in many cases the same caste/community has been included in the list of SCs in one or more States, and the same caste/community has been included in the lists of STs or OBCs in some other States and has not been included in any list at all in some States. Similarly, a caste/community has been included in one list in some Districts of the State and in another list in some other Districts and in no list in the remaining Districts. This is not only unreasonable but also discriminatory and iniquitous and has created anger and dissatisfaction among various castes/communities in the country. Such examples have been referred to in the chapter in ‘Anomalies’. It is, therefore, strongly recommended that all such anomalies be identified and corrected to ensure that a caste/ community is in the same list in all the States and also within the same State. It has also been noticed that various Denotified, Nomadic and Semi-nomadic Tribes have been identified district-wise in the same State. This is also unreasonable. In an age of occupational mobility, if a family moves from one district to another, it should not mean a loss of status of that family. A typical example of this is the State of U.P. It is, therefore, recommended that narrow area restrictions be removed forthwith and castes/communities ordinarily be allowed to enjoy the same status throughout the State. Ministry of Social Justice and Empowerment has asked for advice of NCST on the following recommendations of NCDNSNT. 53. Considering their socio-economic conditions, which are generally worse than those of the Scheduled Castes and the Scheduled Tribes, it is suggested that they may be given constitutional status and support on the same lines as given to the Scheduled Castes
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and the Scheduled Tribes under Article 341 and Article 342 of the Constitution. Accordingly, the Constitution may be amended by adding Article 342 A as follows:-
“342-A. Scheduled Communities – (1) 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 castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purpose of this Constitution be deemed to be Scheduled Communities (Denotified and Nomadic Tribes), in relation to that State or Union Territory, as the case may be. (2) Parliament may, by law, include in or exclude from the list of Scheduled Communities specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but have as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. “ 55. Simultaneously, Scheduled Communities (Denotified & Nomadic Tribes) which have been included in the list of Scheduled Castes and in the list of Scheduled Tribes may be excluded from these lists in accordance with Article 341 (2) and Article 342 (2) of the Constitution. Also, such Scheduled Communities as have been included in the list of the OBCs may be excluded from such list in accordance with the provisions of National Commission for Backward Classes Act, 1993.
II. Implication of the Recommendations 45. In case of implementation of POA Act, 1989 to DNTs, then the scope of this act will increase and its significance is lost. It will be harmful to the STs, in the sense that if atrocity is done by a DN tribe on a ST, in the current system, a case will be registered under POA Act, 1989 along with other sections of IPC, but as per this recommendation, the case will be registered under IPC only. 47. Generally STs and DNTs are living in remote villages and
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with this Recommendation; Govt. assistance to STs can be stopped even by filing false cases. 76. This recommendation will lead to reservation benefit to those communities which have not faced the social or economic deprivation. 53. The reservation benefit will exceed 50 % limit, which will have negative effect on the society. 55. It will lead to recasting of complete reservation system.
III. Proposed recommendation of the Commission on the Draft O.M. In the light of implications as stated above, the Commission may like to consider the following recommendations on different recommendations of NCDNSNT. 45. As data given by NCDNSNT in its report vide Para 3.2 and 3.3, 97 % of DT and 84 % of NT population is already categorized as SC, ST or OBC, there is no need of it. 47. This problem can be addressed by having a member of DNT in Gram Sabha. 76. Declaration of any community as ST, SC or OBC is done on the basis of their deprivation of Social or Economic rights in a particular area. Therefore, declaration is area specific and can’t be generalized. If any community is deprived of some rights uniformly throughout the country, then it is declared like that. 53. As already mentioned, the NCDNSNT in its report have mentioned in para 3.2 and 3.3 that majority of DNTs are already declared as ST, SC or OBC, there is no need of amendment of Constitution. 55. In view of proposed recommendation for recommendation no. 53 of NCDNSNT, this is not required. ***
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Narendra Jadav
NAC recommends inter-ministerial task force for DNTs empowered Tags: Sonia Gandhi, National Advisory Council, Denotified Nomadic and Semi-Nomadic Tribes New Delhi: As part of efforts to improve the socio-economic condition of 11 crore Denotified, Nomadic and Semi-Nomadic Tribes (DNTs), the Sonia Gandhi-led NAC has recommended a separate Integrated Infrastructural Development Programme and an empowered Inter-Ministerial Task Force. It has also favoured special attention to them in the socioeconomic caste census and UID projects that are underway. The National Advisory Council led by Gandhi approved the recommendations of a Working Group in a meeting on Friday. NAC member Narendra Jadhav is convenor of the working group, which has recommended de-criminalisation of DNTs and a series of administrative and legislative actions to achieve the objective. As part of strengthening institutional arrangements, the group recommended setting up an Empowered Inter-Ministerial Task Force (STF) for DNTs to be chaired by the Home Minister. As enumeration and classification of DNTs is a first step towards identification of persons belonging to DNT communities, the working group has said the DNTs should be given special focus in the socio economic caste census currently underway. It also said that they should get priority in the issuing of UID cards. The NAC has also recommended reviewing the implementation of some of the existing legislations so as to provide safeguards for
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DNTs from harassment by officials, and to ensure that safety, livelihoods and nomadic life style of DNT communities are protected. A key recommendation is launching an umbrella scheme for the socio-economic empowerment of DNTs with a special focus on those DNTs who are classified as OBCs and those who are not classified as SC/ST. For those DNTs classified as Scheduled Castes/ Scheduled Tribes, a proportion is to be earmarked in SC Sub Plan and Tribal Sub Plan commensurate with their share in SC/ST population respectively, the recommendation said. Recommendations have it that a set of new programmes under the overall umbrella Scheme should be designed and implemented for DNTs, especially in respect of education, housing, livelihood and skill education as well as Community Organisation and leadership building with special focus on women empowerment. The Integrated Infrastructural Development Programme will be to provide basic amenities such as road, school, electricity, drinking water, community centres in the existing settlements of DNTs. One of the recommendations asked for a national campaign to inform the DNT communities about their rights as SC/ST/OBC and to inform the public that violence and discrimination against these communities and violations of their human rights is punishable under law. In 2008, the National Commission for Denotified, Nomadic and Semi-Nomadic Tribes (NCDNSNT) of Ministry of Social Justice and Empowerment had recommended equal reservations, as available to Scheduled Castes and Scheduled Tribes, for around 11 crore people belonging to the denotified, nomadic or semi-nomadic tribes in India. (First Published: Sunday, April 22, 2012, 13:41) ***
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Twelfth Five YYear ear Plan : Social Inclusion of the DNT DNTss
Independent India announced a development package for the DNTs in the 12th five year Plan. This is being announced as a tentative Gross Budgetary Support of 32684 crore rupees, earmarked for the Ministry of Social Justice and Empowerment towards the welfare and development of SCs, OBCs, DNTs, PwDs and other vulnerable groups. Issues highlighted in the plan: Lac of authentic data and no Census enumeration; Not able to avail the benefits because of not having caste certificates; quotas are exhausted by the non-nomadic/ non de-notified communities in the reserved categories; Number of States has not prepared lists of the DNTs and status of DNT people is unknown in those states. Not having permanent residential locations due to various social, political and cultural reasons; and unable to avail the benefits of various Government schemes. Measures being planned: To provide special and relevant support and facilities, within the existing facilities for ST, SC and OBC categories as applicable; an effective plan for the socio, economic development and rehabilitation to be adopted and implemented Education: Access to scholarships and hostel facilities, on Priority; revising existing schemes for scholarships and hostel facilities to cover DNTs. Economic empowerment and development: Capacity building for skill development and marketing; giving loans on priority basis through putting specific strategies and mechanisms in place to ensure flow of funds. Skill development: The initiatives of the States and Central Government need to give priority to cover the unemployed youth among the DNTs with a view to provide them employable skills. The
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Finance and Development Corporations under the Ministry of Social Justice and Empowerment will be tasked to address the skill development of the DNTs. Social empowerment: Creating enabling environment so that to utilise the reservation benefits in education and employment; Following an effective rehabilitative approach through establishing habitations/villages. Review of existing legislations: Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Habitual Offenders Act, 1952; The Prevention of Begging Act, 1959; The Bombay Prevention of Begging Act, 1959; Prevention of Cruelty to Animals Act, 1986; Wildlife Protection Act, 1972 and the Forest (Conservation) Act, 1980; and Excise Law and so on need to be reviewed to ensure dignity and livelihood of DNTs. Housing: A nation-wide survey of DNT settlements needs to be conducted urgently, so that to form the basis, inter alia, for introducing suitable shelter programme. Free or subsidised housing may be provided to the eligible in a phased manner—by adopting special measures like a ‘Rajasthan’s Gadaria Lohar Community Housing Scheme’; a proportion of the current outlay for Indira Awaas Yojana (IAY) should be earmarked for DNTs, for assisting financially to construct dwelling units on priority under the on-going housing programmes of the Central Government. Cluster Development Fund: Creating a Cluster Development Fund for assisting construction of houses, providing land and for creating infrastructure and planning. Infrastructure planning: A suitable Action Plan for the rehabilitation and infrastructure needs including basic amenities to be prepared. An Integrated Infrastructure Development Programme to be planned for providing basic amenities such as roads, schools, electricity, drinking water, community centres, in the existing settlements and to develop proper clusters. A brief extract of the contents in the original document by: National Alliance of DNT Movements *** 92
Masses Association for Self Sufficiency and Economic Security (MASSES) is a small grass root level voluntary social service organization, registered in the year 1983, under the society registration act xxi of 1860. Registered with the Ministry of Home affairs, Government of India, under the Foreign Contribution Regulation Act in the year 1985, having Income tax exemption under 12(a) and 80 (g). ‘MASSES’ is spearheading a people’s movement of De-Notified and Nomadic Tribes (DNTs) of India over the last two decades, for the protection of Human rights and promotion of livelihoods, having working relations with the NGOs, CBOs and Individuals serving for the cause of DNTs among 20 states of India. Responsible for the Promotion of National Alliance of DNT Movements (NADNTM) at the National level and Andhra Pradesh Sanchaara Vimukta Jaatula Sangham, at the State level ‘MASSES’ is involved in the leadership building of the DNT youth, through identifying and capacity building through training and orientation. Hand holding the leaders to understand the policy and legal issues, various recommendations of the committees and commissions meant for the DNTs. Empowering the leaders to educate, organize and mobilize the DNTs at grass roots for their rights along with enhancing their negotiation capacities, so that to access welfare and economic development schemes from the Government and Non Government sectors. ‘MASSES’ is the pioneer in South India to take up Research and Documentation of DNT’s life, culture, traditions, languages, art forms and living conditions along with their issues and problems. Publishing reports, newsletters and books related to the DNTs in English and Telugu, having access to data and information from many sources in print and digital media. Identified potential partners in the 20 states of India, so that to build regional and national committees to take care of the DNT issues at various levels, along with following up with the Planning commission of India and Ministry of Social Justice and empowerment
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for the implementation of economic development packages announced during 12th Plan period. To highlight the demand to include Denotified and Nomadic Tribes in the Constitution of India; Pressurizing respective states to furnish Data and censes of the DNTs to the central Government. Ultimately want to promote an independent movement of the Nomads in the Asian region, by linking up with Romani movement in the Europe, so that to focus and address the issues of the nomads at the global level. M. Subba Rao Director
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Hyderabad 29-03-2013