In the past year, the Indian government granted approval for the inclusion of several communities into the Scheduled Tribes lists in various states, including Chhattisgarh, Tamil Nadu, Karnataka, Himachal Pradesh, and Uttar Pradesh. This decision fulfills long-standing demands from these states and marks a significant step towards recognizing the rights and identity of these communities.
Among the newly recognized communities are Narikoravan and Kurivikkaran in Tamil Nadu, Binjhia in Chhattisgarh, Gond Community in Uttar Pradesh, Betta-Kuruba in Karnataka, and Hatti in Himachal Pradesh. However, many other communities, such as the OBC-categorized Meiteis in Manipur, are still seeking recognition as tribes. This recognition has immense significance for these communities, as it provides them with access to special provisions and benefits that are designated for Scheduled Tribes.
There are several communities in India that do not fall under any of the caste categories mentioned in the Indian Constitution. Some communities may also choose to identify themselves as belonging to a different caste than what is recorded in official records. The reasons for this could be varied and complex. It could be due to the distance between the community and the general society, neglect by government units in the concerned state or district-region, or lack of attention from people's representatives towards the community and their issues.
The Mooknayak recently reported on Dalit slum dwellers in Siddharthnagar district of Uttar Pradesh who self-identify as a "nomadic community." The community members describe their ancestors as belonging to nomadic or semi-nomadic tribes who lived in forests and caves, moving from place to place in search of food. With the advent of modernity, their forefathers settled down in permanent residences. However, despite their nomadic roots, the community is currently included in the Scheduled Castes (SC) category instead of the Scheduled Tribes (ST) category.
After publishing a detailed report on the community's daily activities and problems, The Mooknayak spoke to Dr. Jai Singh to understand the legal procedures and eligibility for inclusion in the Scheduled Tribes category. Dr. Jai Singh is an Investigator Grade-I and Researcher in the Ministry of Home Affairs, reporting to the Ministry of Tribal Affairs.
It is interesting to note that Jai Singh is part of the team at the Ministry of Home Affairs, Government of India, which analyzes applications from State Governments for inclusion in the Tribal (Tribe) category, and evaluates the evidence submitted with such applications. Given his expertise in this area, it is no surprise that he has also conducted research and earned a PhD on Scheduled Tribes by living among tribals in different parts of the country, including Orissa, Chhattisgarh, and Gujarat.
Dr. Jai Singh's response highlights the importance of verifying whether any settled members of the 'Dalit community' in Siddharthnagar district or their relatives have already been granted Scheduled Tribe status. If this is the case, it may be possible for the community to apply for inclusion in the ST category based on this existing recognition.
However, it is important to note that the process of inclusion in the ST category is a complex one, involving detailed evaluation of a community's social, cultural, and economic characteristics. In addition, inclusion in the ST category can have significant implications for a community's access to various benefits and protections, including reservations in education and employment. Jaisingh says, "Any application for inclusion in the ST category should be supported by detailed documentation and evidence that clearly demonstrates the community's eligibility for inclusion. This includes evidence of the community's history, social organization, cultural practices, economic characteristics, and other relevant factors."
Dr. Jai Singh emphasizes the differences in the process for inclusion in the Scheduled Caste (SC) and Scheduled Tribe (ST) categories. He notes that for a community to be included in the SC category, the only relevant criterion is untouchability. The community must provide evidence that they are facing discrimination or untouchability, or that their forefathers were subjected to such treatment.
However, the process for inclusion in the ST category is much more complicated. In this case, the community must provide detailed documentation and evidence of their social, cultural, and economic characteristics. This evidence is evaluated by multiple teams at various levels of government before a decision is made on inclusion in the ST category.
“The most important thing about a tribe is that they have an identity of their own. To be a tribe, the community has to find its root. Because even the Indian Constitution says that to be a tribe, it must have a tribal history," Dr. Jai Singh told The Mooknayak.
Regarding UP, he said that the number of tribals here is very less. According to government statistics, tribes are found only in Sonbhadra and Mirzapur in UP.
The criteria presently followed for specification of a community as a Scheduled Tribe are:
(i) indications of primitive traits
(ii) distinctive culture
(iii) geographical isolation
(iv) shyness of contact with the community at large
(v) backwardness.
However, these criteria are not spelt out in the Constitution.
According to the modalities first framed in 1999, the proposal for inclusion must originate from the respective State or Union Territory government. After this, the proposal is sent to the Union Tribal Affairs Ministry, which forwards it to the Office of the Registrar General of India (ORGI).
The ORGI follows the criteria set out by the Lokur Committee in 1965 to decide whether a community can be included in the ST list. These criteria include primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness. If the ORGI approves the inclusion, the proposal is then forwarded to the National Commission for Scheduled Tribes.
Only after the concurrence of these institutions, will the proposal go forward to the Cabinet to bring in the appropriate amendment to the Constitution (Scheduled Tribes) Order, 1950. The final decision rests with the President’s office issuing a notification specifying the changes under powers vested in it from Articles 341 and 342.
Story Translated by Geetha Sunil Pillai.
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