28-Nov-2022: NCST organises two day workshop Janjatiya Anusandhan- Asmita, Astitva evam Vikas’ on 27th and 28th November

The two-day workshop organised by National Commission for Schedule Tribes  on ‘Janjatiya Anusandhan- Asmita, Astitva evam Vikas’ concluded today .The workshop was inaugurated on 27th November, in the Plenary Hall of Vigyan Bhawan in New Delhi . Discussions and deliberations at the workshop revolved around important issues confronting the  tribal communities and finding innovative solutions to the same. 

The inauguration session was attended by the  Chief Guest Shri Jatinder K. Bajaj, Chairman, ICSSR and Shri Harsh Chouhan, Chairperson, NCST; Shri Ananta Nayak, Member, NCST and Smt. Alka Tiwari, Secretary, NCST, New Delhi.

Shri J.K. Bajaj, in his address, focused on the ‘Development of India’ and the ST Communities in the next 25 years. He stressed upon the research on the indigenous values, role of tribal heroes in the freedom struggle and called for the Universities to come ahead with the in-depth research on Tribal Communities.

In the keynote address, Shri Harsh Chouhan, discussed the distorted narratives of tribes in colonial period and the reasons of the deprivation of the ST Communities. He urged to bridge the gap between image vs reality and highlighted on the need of the research on ST’s from their own perspectives preferably by themselves. He underlined that the Universities may play a vital role in the quality research and documentation.

Smt. Alka Tiwari, Secretary, NCST  shared her experiences and learnings as an administrator in Arki block, Khunti (the then Ranchi District) in Jharkhand that planning is required for proper utilization of the resources, but added that if we do not understand the people for whom we plan, it is meaningless.

On the first day of the workshop discussion on the linkages of the STs from past to present and the need to decolonize the narratives of tribal research were held.

In the workshop , the need for documentation on oral tradition to rectify the tribal histories was highlighted by the speakers.

On the second day of the workshop, discussions were held on the key issues like  need to prevent degradation of natural resources and distress migration; reduce  malnutrition and population under BPL, step up people's participation in the development process and preserve traditional development system.

Also the need for the grassroot Research and Impact Assessment to generate a knowledge based feedback was pointed out during the workshop.

In the discussions,  the role of Higher Education Institutions in the tribal research was  put forward and it was highlighted that these Institutions can make important contributions.

About 75 Vice Chancellors from the prominent Universities across the Country, approximately 450 Professors, Associate Professors, Assistant Professors and Research Students from the Universities participated in the Seminar, eminent Social Workers, along with Directors of TRIs and officials from various Central Ministries were also present in the Workshop.

25-Mar-2021: Functioning of National Commission for Scheduled Tribes

The National Commission for Scheduled Tribes have been set up under Article 338A of the Constitution of India. The functions of National Commission for Scheduled Tribes are given below:-

The Sub-clause (5) of the Article 338A of the Constitution of India provides that it shall be the duty of the National Commission for Scheduled Tribes as under:-

1. To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any order of the Government and to evaluate the working of such safeguards;
2. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled tribes;
3. To participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
4. To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
5. To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled tribes; and
6. To discharge such other functions insulation to the protection, welfare and development and advancement of the Scheduled tribes as the President may, subject to the provision of any law made by Parliament by rule specify.

In addition, in exercise of the powers conferred by sub-clause (f) of clause 5 of article 338A of the Commission, the National Commission for Scheduled Tribes (Specification of other function) Rules, 2005 provide for the following other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes, namely:-

1. Measures that need to be taken over conferring ownership rights in respect of minor forest produce to STs living in forest areas.
2. Measures to be taken safeguard rights of the tribal communities over mineral resources, water resources etc. as laid down by law.
3. Measures to be taken for the development of tribal to plug loopholes and to work more viable livelihood strategies.
4. Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.
5. Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already been taken place.
6. Measures to be taken to elicit maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation.
7. Measures to be taken to ensure full implementation of the provision of Panchayat (Extension to Scheduled Areas) Act, 1996.
8. Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribal that lead to their continuous disempowerment and degradation of land and the environment.

The NCST in its First Report for the year 2004-05 and 2005-06 made a recommendation for safeguarding the rights of Tribal Communities over mineral Resources (are given below). The said report was laid in Lok Sabha on 31.08.2012 and Rajya Sabha on 30.08.2012 by the Ministry of Tribal Affairs.

National Commission for Scheduled Tribes’ First Report 2004-2005 & 2005-2006, the following recommendations was made for safeguarding the rights of Tribal communities over mineral Resources;

1. There is need to issue clear guidelines for giving preference to Scheduled Tribes in the grant of mining concessions in Scheduled Areas. [Para: 3.13.2]
2. The Dept. Of Mines should introduce a bill to give effect to the recommendations of the Bhuria Committee 1995 to the effect that in all industrial enterprises set up in the Scheduled Areas (other than small ventures), the community should be deemed to be the owner with 50% shares in its favour by virtue of its allowing the industry to use local resources and getting established. [Para: 3.13.3]
3. There is need to issue instructions to the State Govts.:-
   1. To comply with the judgement of the Hon’ble Supreme Court dated 11.07.1997 in Samatha vs State of Andhra Pradesh and Others (CA No. 4601-02/1996) not to transfer by way of mining lease etc. the government land in Scheduled Areas to a non-tribal and that all such mining leases should be given to the tribals only. [Para: 3.13.4(i)]
   2. The tribals should be given vocational training and financial assistance to enable them to be in a position to run the mining operations. [Para: 3.13.4(ii)]

To make specific legal provisions in their Acts relating to mines and minerals making it mandatory for them to consult Gram Sabhas before of any lease about minor minerals. [Para: 3.13.4(iii)]

As per provisions of Article 338A, the NCST has presented the following two reports to Hon’ble President of India on 03.07.2018 and 15.01.2020 respectively.

1. Indira Sagar Polavaram Project Affected Tribal People and
2. Rourkela Steel Plant on Rehabilitation & Resettlement of Displaced Tribal.

31-Dec-2020: NCST Develops Software to Facilitate Web Enabled Grievance Redressal System

National Commission for Scheduled Tribes (NCST) has developed a software to facilitate web enabled grievance redressal system. This initiative will facilitate ease of filling a complaint in the Commission by any aggrieved person belonging to Scheduled Tribe community or their representatives and it will also facilitate them in getting updates on progress/status of the case.

The portal for lodging the complaints in the Commission: - https://ncstgrams.gov.in/public/Home.aspx

19-Feb-2020: Shri Arjun Munda inaugurates the function to celebrate “16th foundation of day of NCST”

Shri Arjun Munda, Union Minister for Tribal Affairs inaugurated the function to celebrate “16th Foundation of Day of National Commission for Scheduled Tribes (NCST)” organised by National Commission for Scheduled Tribes (NCST) here today. He delivered keynote address on the occasion. Smt. Renuka Singh Saruta, Minister of State for Tribal Affairs was the Guest of Honour. Shri Nand Kumar Sai, Chairman, NCST and members of the Commission and many dignitaries were present.

Shri Arjun Munda presented awards for exemplary service towards Scheduled Tribes in the country to (i) CPSU – Western Coalfields Ltd. Nagpur (Shri Rajiv Ranjan Mehra, CMD received the award) and (ii) Individual (Shri Ajay Kumar Jaiswal, Secretary, ASHA, Ranchi received the award).

Delivering keynote address, Shri Arjun Munda said that the National Commission for Scheduled Tribes (NCST) was set up with effect from 19th February, 2004 by amending Article 338 and by inserting a new article 338A  in the Constitution through the Constitution (89th Amendment Act, 2003 which inter-alia enjoins upon the Commission to oversee the implementation of various safeguards provided to Scheduled  Tribes under the Constitution or under any other law for time being in force or under any other order to the Govt. and to evaluate the working of such safeguards.

Shri Munda said that the Commission has been constituted with a great purpose to take care of STs in our country. He opined that there should be a Data Bank of Tribal lands all over the country, NCST should have an Independent Research Team for proper research work. Also, the Commission should have a proper Data Management System. He assured the full support and cooperation of Ministry of Tribal Affairs in strengthening NCST.

Shri Nand Kumar Sai, in his address dwelt upon the many activities and programmes of NCST for the welfare of STs in our country.

Smt. Renuka Singh Saruta said that that former Prime Minister Shri Atal Bihari Vajpayee created a separate Ministry of Tribal Affairs in year 1999 and later on separate National Commission for Scheduled Tribes was created on 19th February, 2004. She said that many States have State Commission for STs but many States do not have such Commission for STs. All States should have Commission for STs. She said that the tribal people have contributed a lot in our freedom struggle and nation building.

The Commission comprise a Chairperson, a Vice Chairperson and three full time members (including one lady member). The term of office Chairperson, Vice Chairperson and Members of NCST is three years from the date of assumption of charge. The Chairperson has been given the rank of Union Cabinet Ministries, the Vice Chairperson have the rank of a Minister of State and other Members have the rank of a Secretary to the Government of  India.

Constitution of India under Clause (5) of Article 338A has assigned the following duties and functions to the Commission:

1. To investigate and monitor all matters relating to the safeguards provided for the Schedule Tribes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards.
2. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes.
3. To participate and advice in the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State.
4. To present to the President, annually and at such other times as the Commission may deem fit, report upon the working of those safeguards.
5. To make in such reports, recommendations as to the measures that should be taken by the Union or any State for effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes.
6. To discharge such other function in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may subject to the provisions of any law made by Parliament by rule specify.

11-Sep-2019: NCST recommends to include Union Territory of Ladakh under 6th Schedule of Constitution of India

The 119th meeting of the National Commission for Scheduled Tribes was held on 11th September, 2019 under the Chairmanship of Dr. Nand Kumar Sai to deliberate the issue of inclusion of UT of Ladakh under Fifth/Sixth Schedule of the Constitution of India.

At the outset, the full Commission welcomed the Jammu and Kashmir Reorganisation Act 2019 thereby creating the Union Territory of Ladakh comprising of Kargil and Leh districts. The Commission feels that this will immensely help in meeting the cherished aspirations of the tribal people in Ladakh region.

The issue was earlier discussed in the 118th Meeting of the Commission held on 27th August, 2019.  This was followed by further consultation with the Ministries of Home Affairs, Tribal Affairs and Law & Justice in a meeting held on 4th September, 2019.

The Commission took note of the fact that the newly created Union Territory of Ladakh is predominantly a tribal region in the country. The Scheduled Tribe population represent 66.8 percent in Leh, 73.35 percent in Nubra, 97.05 percent in Khalsti, 83.49 per cent in Kargil, 89.96 per cent in Sanku and 99.16 per cent in Zanskar areas of the Ladakh region. The official figures, however, does not include a number of communities including Sunni Muslims in the region, who are claiming for Scheduled Tribe status. Taking this into account, the total tribal population in Ladakh region is more than 97 percent. The region is inhabited by following Scheduled Tribes, namely:

Balti

Beda

Bot, Boto

Brokpa, Drokpa, Dard, Shin

Changpa

Garra

Mon

Purigpa.

The Commission noted that prior to creation of Union Territory of Ladakh, people in Ladakh region had certain agrarian rights including right on land which restricted people from other parts of the country to purchase or acquire land in Ladakh. Similarly, the Ladakh region has several distinct cultural heritages by communities such as Drokpa, Balti and Changpa, among others, which needs to be preserved and promoted.

The Commission was also informed that in the constitutional scheme of things, the States includes Union Territories in many Parts of the Constitution. The provisions under paragraph (1) of the Sixth Schedule regarding autonomous districts and autonomous regions states that the tribal areas in each item of Parts I, II and II(A) and in Part-III of the table appended to paragraph 20 of Sixth Schedule shall be an autonomous district. Further, paragraph 21 of the Sixth Schedule empowers Parliament to amend any provisions of the schedule. The Commission is of the view that the autonomous district councils of erstwhile Union Territory of Mizoram had helped in mitigating the genuine aspirations of people.  Similarly, Clause 3(58)(b) of the General Clauses Act 1897 defines State shall mean a State specified in the First Schedule to the Constitution and shall include a Union Territory.

The Commission after careful consideration, recommends that the Union Territory of Ladakh be brought under the Sixth Schedule of the Constitution. The Commission feels that this will help in:

1. Democratic devolution of powers;
2. Preserve and promote distinct culture of the region.
3. Protect agrarian rights including rights on land.
4. Enhance transfer of funds for speedy development of Ladakh region.

Accordingly, Hon’ble Chairperson, National Commission for Scheduled Tribes has written to Union Home Minister as well as Union Tribal Affairs Minister conveying the recommendation of the Commission to include Union Territory of Ladakh under Sixth Schedule of the Constitution of India.

17-Feb-2019: Foundation Day of NCST on 19th February, 2019

The National Commission for Scheduled Tribes (NCST) was set up on 19th February, 2004 through Constitution (89th Amendment) Act.  The Commission will be celebrating fifteen years on 19th February, 2019.

Shri M. Venkaiah Naidu, Hon’ble Vice President of India has consented to deliver the first Foundation Day lecture of the NCST on 19th February, 2019 at 11.00 A.M. at National Media Centre, New Delhi. The theme of the Foundation Day lecture is “Constitution and Tribes”.  The address is likely to dwell upon the making of the Constitution of India, various factors that led to creation of specific provisions for Scheduled Tribes in the country including scheduling of States under Fifth and Sixth Schedule of Constitution. It is also likely to focus on the review of the working of the constitutional safeguards during sixty nine years of the Republic of India.

On this occasion, the National Commission for Scheduled Tribes has also decided to institute a national award named as “NCST Leadership Award” which will be conferred for significant and exemplary services towards Scheduled Tribes in the country. The awards will be given in 3 categories i.e. (i) Educational Institutions/ Universities, (ii) Public Sector Undertakings/Banks and (iii) Public Service rendered by an Individual, NGO or Civil Society.  This year, the first award will be conferred on the followings:

Kalinga Institute of Social Sciences, Bhubaneswar: In recognition of  their significant contribution towards education of tribal children in Odisha and neighbouring states from kindergarten to post graduate level.

Central Coalfields Ltd., Ranchi: In recognition of their significant contribution in the field of sport promotion among Scheduled Tribe children in Jharkhand.

Dr. Pronob Kumar Sircar, Tribal Welfare Officer in Andaman Adim Janjati Vikas Samiti (AAJVS):  In recognition of his significant contribution towards Particularly Vulnerable Tribes Groups i.e. Onges, Shompens, Andamanese and Jarawas in Andaman and Nicobar Islands.

The award will be presented in the form of a citation, a medal along with an “Uttriya” by Hon’ble Vice President of India in the Foundation Day Function on 19th February, 2019.

 As the nation commemorates “150 years of the Mahatma”, the National Commission for Scheduled Tribes is celebrating fifteen years of its constitution. On this occasion, the Commission has brought out a book titled “Janjatiya Swadhinta Sangram” in Hindi.  The book, which is likely to be released by Hon’ble Vice President of India, brings out the little unknown facets of the freedom struggle of tribal people in the country.  The book highlights the contribution of tribal uprising against British regime during freedom struggle.  It includes articles on Shaheed Veer Buddhu Bhagat, Bhagwan Birsa Munda, Tilka Manjhi, Sidhu Kanhu, Bhumkal Gundadhur, Krantiveer Surendra Sai, Kunwar Raghunath Shah, Vidrohi Tantya Bheel, Amar Shaheed Veer Narayan Singh, Param Balidani Govind Guru and Janjati Veerangana Maharani Durgawati.  It is an effort of the Commission to bring out the invaluable contribution and valour of tribal leadership in the freedom struggle of India.

As it is tradition to have a cultural programme in any tribal function, the Foundation Day celebration will also showcase the rich tribal cultural heritage in the form of maweshi bhil dance from Gujarat and Rajasthan. At the same time, a visual exhibition on the Particular Vulnerable Tribal Groups of India will be presented by Anthropological Survey of India on the sidelines of Foundation Day Celebration at National Media Centre, New Delhi on 19th February, 2019.

30-May-2017:Committee to Enquire Serious Issues Against ST Employees

National Commission for Scheduled Tribes (NCST) has asked the Department of Personnel and Training to constitute a committee having minimum of two members from ST community to investigate any matter requiring penalty on employees belonging to Scheduled Tribes community.

The commission has taken the decision so that natural justice is not denied to any ST employee. As per the recommendations of the commission if ST officers are not available in the Department or Ministry than ST officers from other Departments may be included in the committee.

The commission has also asked the Department of Personnel and Training to issue instructions to all Departments and Ministries so that they take necessary action on the recommendations of NCST. If the Department face any problem than before approaching the High Court they should take permission of the concerned Ministry.

23-Mar-2017: NCST Approves Proposal for Five Additional Seats for Tribes in Sikkim Assembly

National Commission for Schedule Tribes (NCST) has approved the proposal for five additional seat for tribes in Sikkim assembly. Out of the proposed additional eight seats, five seats would be reserved for Limbu and Tamang tribes.

At present there are 32 members in Sikkim assembly and it would be increased to 40. Commission gave its approval to the proposal of increasing reserve seats for STs from 12 to 17 in Sikkim assembly.

28-Feb-2017: Nand Kumar Sai takes charge as Chairperson of NCST.

Senior tribal leader from Chhattisgarh and ex parliamentarian Nand Kumar Sai assumed charge as the chairman of National Commission for Scheduled Tribes (NCST) in New Delhi.

Sai said it will be his endeavor to protect rights of tribal living in far flung areas of the country. He said a large percentage of tribes in our country are still not aware of their rights guaranteed to them by the constitutions. Sai said he will see to it that NCST is converted into an important tool for the overall social economic development of STs in the country.

Born on January 1, 1946 at village Bhagora of Jaspur District in Chhattisgarh Shri Sai studied at NES college Jashpur and obtained Post Graduate degree in Political Science from Pt. Ravi Shankar Shukla University, Raipur.

Shri Sai was elected to MP legislative assembly in 1977, 1985 and 1998. He was elected to Chhattisgarh legislative assembly in 2000 and was the first leader of opposition in the assembly. Shri Sai was elected to Lok sabha in 1989, 1996 and 2004. He was also elected to Rajya Sabha in 2009 and 2010. He also served as member of Parliamentary Standing Committee on Coal and Steel and member of the Parliamentary consultative committee of Ministry of Urban Development and Ministry of Social Justice and empowerment.

Shri Sai has been actively involved in spread of education in tribal areas. An ardent supporter of prohibition Shri Sai has been in the forefront of various movements to oppose atrocities and exploitation of tribes.

NCST was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. February 19, 2004.

The term of office of Chairperson, Vice-Chairperson and each member is three years from the date of assumption of charge. The Chairperson has been given the rank of Union Cabinet Minister and the Vice-Chairperson that of a Minister of State and other Members have the ranks of a Secretary to the Government of India.

NCST is empowered to investigate and monitor matters relating to safeguards provided for STs under the Constitution or under other laws or under Govt. order. The Commission is also authorized to inquire into specific complaints relating to rights and safeguards of STs and to participate and advise in the Planning Process relating to socio-economic development of STs and to evaluate the progress of their development under the Union and States.

The commission submits its report to the President annually on the working of safeguards and measures required for effective implementation of Programmers/ Schemes relating to welfare and socio-economic development of STs.