Thursday, July 15, 2010

NATIONAL COMMISSION FOR SCHEDULED TRIBES

The framers of the Constitution took note of the fact that certain communities in the country were suffering from extreme social, educational and economic backwardness arising out of age-old practice of untouchability and certain others on account of this primitive agricultural practices, lack of infrastructure facilities and geographical isolation, and who need special consideration for safeguarding their interests and for their accelerated socio-economic development. These communities were notified as Scheduled Castes and Scheduled Tribes as per provisions contained in Clause 1 of Articles 341 and 342 of the Constitution respectively.

Acts and Amendments:

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The Scheduled Castes and the Scheduled Tribes Prevention Of Atrocities Act, 1989


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The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995


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NOTIFICATION


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NCST CM ViceCM and Members Conditions of Service and TenureRules 2004


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Constitution(Eighty-Ninth Amendment)Act,2003


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Constitution (Sixty-fifth Amendment) Act, 1990


Constitutional Safeguards for STs:

I. Educational & Cultural Safeguards

Art. 15(4):- Special provisions for advancement of other backward classes (which cludes STs);

Art. 29:- Protection of Interests of Minorities (which cludes STs);

Art. 46:- “The State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes, and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation,”

Art. 350:- Right to conserve distinct Language, Script or Culture;

Art. 350:- Instruction in Mother Tongue.

II.Social Safeguard

Art. 23:- Prohibition of traffic in human beings and beggar and other similar form of forced labour;

Art. 24:- Forbidding Child Labour.

III. Economic Safeguards

Art.244:- Clause(1) Provisions of Fifth Schedule shall apply to the administration & control of the Scheduled Areas and Scheduled Tribes in any State other than the states of Assam, Meghalaya, Mizoram and Tripura which are covered under Sixth Schedule, under Clause (2) of this Article.

Art. 275:- Grants in-Aid to specified States (STs&SAs) covered under Fifth and Sixth Schedules of the Constitution.

IV. Political Safeguards

Art.164(1):- Provides for Tribal Affairs Ministers in Bihar, MP and Orissa;

Art. 330:- Reservation of seats for STs in Lok Sabha;

Art. 337- Reservation of seats for STs in State Legislatures;

Art. 334:- 10 years period for reservation (Amended several times to extend the period.);

Art. 243:- Reservation of seats in Panchayats.

Art. 371:- Special provisions in respect of NE States and Sikkim

V. Service Safeguards

(Under Art.16(4),16(4A),164(B) Art.335, and Art. 320(40)


Organizational Setup:

The National Commission for Scheduled Tribes functions from its Headquarters at New Delhi and from the Regional Offices of the Commission located in six States.

There are following six Units at the Hqrs.:

1. Administration

2. Coordination Unit

3. Research Unit-I

4. Research Unit - II

5. Research Unit-III

6. Research Unit-IV

The main functional units are Research Unit-I, Research Unit-II, Research Unit-III, Research Unit-IV, which deal with all matters pertaining to socio-economic and educational development, service safeguards and atrocities in relation to STs as per distribution of the Ministries/ Departments (including CPSEs and other Organisation/ Offices under their administrative control) and the States and UTs among these four Research Units.

There are 6 Regional offices of the National Commission for Scheduled tribes which work as ‘eyes and ears’ of the Commission. They keep a watch on the formulation of policy and issue of guidelines relating to the welfare of Scheduled Tribes in the States/UTs and keep the Commission’s Headquarters informed about the developments periodically. Policy decisions taken by any State Government/UT Administration affecting the interests of the Scheduled Tribes are brought to the notice of the concerned authorities for necessary action.

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