MINISTRY OF TRIBAL AFFAIRS

National Tribal Policy

(Draft)
1 Preamble 1
Table of Contents
2 Need for the Policy 3
3 Guiding principles of the Policy 3
4 Objectives of the Policy 3
5 Strategy 4
6 Alienation of Tribal land : Tenurial insecurity 5
7 Tribal-Forest Interface 5
8 Displacement, Rehabilitation and Resettlement 7
9 Enhancement of Human Development Index 9
Education, Vocational Training and Sports 9
Health 10
Livelihood opportunities 11
Agriculture and Horticulture 12
Migration 13
Money lending and Indebtedness 13
10 Creation of critical infrastructure 13
11 Violent Manifestations 14
12 Conservation and Development of
Particularly Vulnerable Tribal Groups (PTGs)
14
13 Adoption of Tribal Sub Plan Strategy 15
14 Empowerment 15
15 Gender Equity 16
16 Enlisting support of NGOs 17
17 Tribal Culture and Traditional Genius 17
18 Administration of Tribal areas 18
Fifth Schedule of the Constitution 18
Sixth Schedule of the Constitution 19
Personnel policy 19
19 The Regulatory and Protective Regime 19
20 Scheduling and De-scheduling of Tribes 20
21 Research and Training 21
22 Communication Strategy 21
23 Monitoring, Evaluation and Review Mechanism 22
Review of Implementation 22
Review of Policy
22
The National Tribal Policy
(A Policy for the Scheduled Tribes of India)
1. Preamble
1.1 The dilemma in preparing any policy for the
Scheduled Tribes in India is how to strike, the right
balance between preservation of tribal identity, culture
and values, protecting the tribes from being swamped
by mainstream lifestyles, while increasing and ensuring
their access to mainstream education, health care and
income generation so that the quality of their life is
improved. The Panchsheel of Pandit Jawahar Lal Nehru
which laid the foundation of State Policy towards tribal
development aimed at providing an enabling framework
for the tribal people to move according to their own
genius in a system of self-governance while sharing the
benefits of development, retaining the best elements of
thei r tradi ti on, cul tural l i fe and ethos. The
implementation of this, however, is fraught with problems
because not only is the number of individual tribes
scheduled under the Constitution quite large (standing
today at nearly 700 State specific Scheduled Tribes),
but also because the heterogeneity is immense. Each
tribe is quite distinct from the other with, usually, separate
languages and dialects, customs, cultural practices and
life styles. To preserve this immense diversity is an
enormously difficult task, particularly since, in bringing
the benefits of development to them in education, health
and income generation, a significant amount of
mainstreaming, and consequent loss of diversity, is
inevitable.
1.2 Despite this diversity, tribal communities do
have similarities, though broad generic ones. They are
known to dwell in compact areas, follow a community
way of living, in harmony with nature, and have a
uniqueness of culture, distinctive customs, traditions
and beliefs which are simple, direct and non-acquisitive
by nature. Some of these broadly similar characteristics
have been used as criteria for the last few decades to
identify and declare a particular community as a
Scheduled Tribe. The criteria used are: primitive traits,
distinctive culture, geographical isolation, shyness of
contact and backwardness. But even all these broad
criteria are not applicable to Scheduled Tribes today.
Some of the terms used (e.g. primitive traits,
backwardness) are also, in todays context, pejorative
and need to be replaced with terms that are not
derogatory.
1.3 The population of the tribal communities
scheduled in the Constitution of India and known as
Scheduled Tribes (STs) is 84.3 million as per 2001
census and accounts for 8.2% of the total population of
the country. They are scattered over all the States /
UTs, except Punjab, Haryana, Delhi and the UTs of
Pondicherry and Chandigarh.
1.4 The STs have traditionally lived in about 15% of
the countrys geographical areas, mainly forests, hills,
undulating inaccessible terrain in plateau areas, rich in
natural resources. They have lived as isolated entities
for centuries, largely un-touched by the society around
them. This seclusion has been responsible for the slower
growth, dis-similar pattern of their socio-economic and
cultural development and inability to negotiate and cope
with the consequences of their involuntary integration
with the mainstream society and economy.
1.5 The Constitution of India contains several
provisions for ensuring a better quality of life for the
weaker sections of society and STs, in particular, based
on a policy of positive discrimination and affirmative
action on the developmental and regulatory fronts. The
architects of the Constitution being conscious of the
separate identity of the tribal communities and their
habitat provided certain articles exclusively devoted to
the cause of the STs. These include Articles 244, 244A,
275(1), 342, 338(A) and 339.
1.6 The Fifth Schedule of the Constitution provides
for administration and control of Scheduled Areas and
Scheduled Tribes and gives powers to the Governors to
make regulations for the peace and good governance of
the Scheduled Areas. Similarly, the Sixth Schedule also
contains specific provisions for the administration of tribal
areas in the States of Assam, Meghalaya, Tripura and
Mizoram. Deriving force from these enabling provisions
in the Constitution aimed at ensuring social, economic,
and political equity, several specific legislations have
further been enacted by the Central and the State
Governments for the welfare and protection of STs and
their tribal domain.
1.7 To convert these aspirations into reality, the
Government has since independence actively planned
for the focused development of areas inhabited by the
STs and for their upliftment taking them as distinct
groups living in compact areas. The concept of
development on the basis of geographical units which
are also administrative units came with the creation of
43 Tribal Blocks in 1953. The Tribal Sub-Plan (TSP)
concept was introduced in 1974 during the Fifth Five
Year Plan to provide for financial allocations in proportion
to the population of STs in the annual plans at the
Central and State level. A large number of schemes and
programmes implemented through Governmental/Non-
Governmental agencies, covering almost all aspects of
tribal life have since been in operation.
1.8 Over the last 60 years or so, many of the
Scheduled Tribes appear to have evolved into two, more
or less distinct, groups: those who have been able to
take advantage of the protection and benefits guaranteed
to them under the Constitution and under various Acts
and schemes and have been able to decrease the gap
in development between them and others; and those
Scheduled Tribes whom such programmes and
protection have failed to reach and who, therefore, still
exist at subsistence level with poor health, education
and income levels. By and large, however, improvements
in the socio- economic conditions of Scheduled Tribes
measured in increased literacy rates, reduction in
poverty, etc. have not been proportionate to the
investments made. As compared to other sections of
the Indian society, the tribal population has the lowest
Human Development Index (HDI). In addition, they suffer
from geographical and cultural exclusion, which are not
captured in the HDI. Similarly, lack of empowerment to
make choices for themselves is also not accounted for.
A large segment of the tribal population lives below the
poverty line and suffers from a high infant mortality rate,
severe malnutrition, various communicable diseases,
lower literacy rates and an extremely slow pace of
development. Under-development coupled with lack of
access to proper administrative and judicial machinery
in tribal areas further increases their deprivation.
1.9 Since Independence, the tribal areas have had
less favourable initial infrastructure endowment. The
social and physical infrastructure in the tribal areas is
inadequate and at a much lower level than the rest of
the areas, resulting in the low capacity of the tribal
economy to meaningfully absorb funds, including
institutional finance. The gap between the infrastructure
in the rest of the country and the tribal areas has
moreover been widening steadily. The private sector
which has contributed to infrastructure development
elsewhere in the country through public-private
partnership has left the tribal areas virtually untouched.
1.10 The tribal communities entire way of life is
woven around harmony with and preservation of nature.
There is a very strong symbiotic relationship between
the STs and the forests and they have been at the
forefront of the conservation regime. Due to faulty
processes of declaring forests in the past, the rights of
the tribals over their traditional land holdings in the forests
have gradually been extinguished. Insecurity of tenure
and fear of eviction from these lands has led the tribal
communities to feel emotionally as well as physically
alienated from forests and forest lands.
1.11 Ownership of land signifies livelihood, culture
and identity in a tribal economy. The STs usually
possess lands which are infertile uplands. But even such
as they are, these lands have also been going out of
tribal possession on account of appropriation by
exogenous forces. Poor land record systems in tribal
areas coupled with the illiteracy, poverty and ignorance
of tribals and the greed of others have resulted in the
continuous transfer of resources from tribals to non-
tribals for several decades. Diminishing access to
natural resources, and dispossession have led to their
exclusion and economic impoverishment often reducing
them to the status of migrant labour, rickshaw pullers
and head-loaders, and socio-psychologically setting
them adrift.
1.12 To compound the problem further, displacement
or forced eviction of tribals from their lands and natural
habitats due to various developmental activities has for
long been a serious problem. Displacement takes place
on account of development projects which include large
irrigation or hydro projects, coal and other mines, thermal
power plants and mineral based industrial units. De jure
displacement is accompanied by extensive de-facto
displacement from a much wider area commonly
referred to as the zone of influence. While the STs lose
their land, livelihoods and community way of living,
others reap the benefits of the development often
financed from the public exchequer, that follows in the
entire zone of influence. Inadequate rehabilitation of
the displaced tribals compounds their woes making
them asset-less and unemployed, trapped in debt
bondage.
1.13 For the Scheduled V areas the Government has
passed an Act called The Provisions of the Panchayats
(Extension to the Scheduled Areas) Act, 1996
(popularly known as PESA Act). The Act is meant to
enable tribal society to assume control over their own
destiny to preserve and conserve their traditional rights
over natural resources. PESA requires the State
Governments to change their existing laws, wherever
these are inconsistent with the central legislation. In
reality, however, in the decade since its passage, very
little has happened. Many State Governments have
passed laws or amended existing ones, but not fully in
conformity with the Central law. The implementation of
the law has been severely hampered by the reluctance
of most State Governments to make laws and rules
that conform to the spirit of the law. The non-
empowerment of tribal communities remains one of the
most critical factors responsible for the less than desired
outcomes in all the interventions, monetary or otherwise
meant for their development.
1.14 The net result of such tribal neglect has been
that the Scheduled/Tribal Areas have become happy
hunting grounds for insurgent groups who play upon
the dissatisfaction and anger of the exploited tribals.
Today large swathes of tribal territory are under the
influence of insurgency groups and a large number of
tribals are sympathetic to their cause.
1.15 At this point of time, when the country is
moving towards an accelerated GDP growth rate of 8%
to 9%, if the fabric of Indian society is to be kept intact,
and not riven into several parts, it is necessary to ensure
that all segments of society participate in, and benefit
from, the growth the much talked about inclusive
development. The issue of tribal neglect, exploitation
and non-empowerment needs, therefore, to be
addressed with utmost expedition.
2. Need for the Policy
2.1 Though the Constitution of India contains
several provisions for the protection and development of
Scheduled Tribes, and to ensure a level playing field for
Scheduled Tribes and other vulnerable groups, and
though several other Central and State Acts, instruments
and pronouncements which have similar objectives are
in existence, there is no single policy which looks at
the issue of protection and development of Scheduled
Tribes in an integrated and holistic manner.
2.2 In order to address the issues concerning lower
HDI, poor infrastructure, diminishing control over the
natural resource base, persistent threats of eviction from
their habitat, exclusion from mainstream society and
economy in distribution of wealth and opportunities, and
non-empowerment, and to place STs on a progressive
and constructive path and make them active partners
in nation building, a National Policy for the Scheduled
Tribes is considered necessary. The policy will facili-
tate translation of the Constitutional safeguards into
reality, with simultaneous socio-economic development.
The UPA Government has also in its National Common
Minimum Programme committed itself to the protec-
tion of rights of tribal communities side by side with
socio-economic development.
3. Guiding principles of the Policy
3.1 The Policy shall be guided by the
i) Principles enshrined in the Constitution of
India for social, economic and political em-
powerment of STs (Articles 14, 15(4), 16(4),
16(4A), 46, 243(d), 244(1), 244(2), 275(1),
330, 332, 335, 338A, 339(1), 340, 342, ex-
tension of 73rd and 74th Amendments of
the Constitution to the Scheduled Areas
through the PESA Act, etc.) ;
ii) Nehruvian Panchsheel
4. Objectives of the Policy
4.1 The National Tribal Policy shall have the
following objectives:
Regulatory Protection:
- Providing an environment conducive to the
preservation of traditional and customary systems
and regime of rights and concessions enjoyed by
different ST communities, and reconciliation of
modes of socio-economic development with these;
- Preventing alienation of land owned by STs and
restoring possession of wrongfully alienated lands;
- Protection and vesting of rights of STs on forest
lands and other forest rights including ownership
over minor forest produce (MFP), minerals and
water bodies through appropriate legislations and
conversion of all forest villages into revenue villages;
- Providing a legislative frame for rehabilitation and
resettlement in order to minimise displacement,
ensure that affected persons are partners in the
growth in the zone of influence, provide for
compensation of social and opportunity cost in
addition to market value of the land and rights over
common property resources - the concept of net
present value (NPV);
- Empowerment of tribal communities to promote self-
governance and self-rule as per the provisions and
spirit of the Panchayats (Extension to the
Scheduled Areas) Act, 1996.
- Protection of political rights to ensure greater and
active participation of tribals in political bodies at
all levels.
Socio- Economic Empowerment
- Reducing and removing the gap in the HDI of the
tribal population and the general population to bring
them at par by 2020;
- Reduction in the drop out rate at primary level by a
minimum of five percent and at secondary level by
a minimum of three percent every year, to bring
STs at par with the rest by the end of the Eleventh
Plan;
- Ensuring access to health care services, safe
drinking water and improved sanitation by the end
of the Eleventh Five Year plan;
- Ensuring food security to all ST families below the
poverty line, providing 25 Kgs of food grain per ST
family per month, and transferring management
and ownership of PDS to the community;
- Providing livelihood opportunities in addition to the
guaranteed employment of at least 100 days by
improving the production capacity of the natural
resource base so as to reduce the number of ST
persons below the poverty line by a minimum of
two percent every year and bring STs at par with
the rest by 2020;
- Social, economic and political empowerment of
STs, especially women to enable them to exercise
effective control over their natural resource base
and make informed choices;
- Creating physical and social infrastructure in
Scheduled / Tribal areas to optimize utilization of
resources and achieve the levels of growth required
to bring it at par with the rest of the State by 2020;
- Realisation of 50% of total irrigation potential in tribal
areas by the end of the Eleventh Five Year Plan
and the total potential by 2020;
Cultural and Traditional Rights
- Increase the participation of STs in sports and
culture at local, District, State and National levels
by encouraging their inherent talent and ensure
participation at national and international events
by 2020;
- Promotion and development of tribal handicrafts and
organi c and ethni c products through
standardization, design support, branding and
organized marketing and establishing niche
markets for the products by 2020:
- Creation of awareness about and elimination of
evil and anti-social practices such as addiction to
alcohol and drugs, witchcraft, etc.;
- Examination of customary practices of inheritance,
that exclude women, and modification of such
practices;
Access to Privileges
- Arresting the increasing demand from new
communities for inclusion in the list of STs by
rationalizing the process of scheduling;
- Examine the need for de-scheduling of certain STs
and sub-categorization of existing STs to ensure
that benefits are evenly spread across the tribes
by 2020;
- Focussing on the development of Primitive Tribal
Groups (PTGs) to be renamed as Particularly
Vul nerabl e Tri bal Groups, by formul ati ng
conservation-cum-development micro plans for
socio-economic and cultural development suited to
the requirements of such Groups and to bring them
at par with other STs by 2020;
- Development of nomadic and semi-nomadic Tribes
through need based specific programmes;
Intellectual Property Rights
- Conservation and protection of the intellectual
property regime of STs and its proper utilization on
a commercial format ensuring that their rights and
share remain intact;
5. Strategy
5.1 The following broad strategy shall be adopted
to achieve the objectives of the policy:
- Reorienting the institutional arrangements in the
Scheduled/ Tribal areas, including strengthening
and revamping of the administrative machinery to
improve governance and delivery in districts;
- Constructing a quantifiable Tribal Development
Index for the tribal districts as well as the entire
State, on the basis of certain agreed indicators,
such as, land restored to STs, policy changes by
State Governments to empower Gram Sabhas in
Scheduled Areas, control and access of STs over
forests and natural resources, improvement in infant
mortality rate, female literacy rate, availability of
safe drinking water, electrification of ST households,
percentage of tribal villages connected by all
weather roads, and so on, and linking devolution of
funds to improvements in Tribal Development Index
evaluated at fixed intervals, so as to bring STs and
tribal areas at par with national level by 2020;
- Preparation of a separate tribal-centric strategy in
each of the social and development sectors, by the
concerned Ministries/ Departments, focusing on the
relaxed norms and on specific social, economic
and geographical needs of tribals;
- Strengthening 195 ITDPs/ITDAs, 259 MADAs and
82 Clusters in tribal areas, which pre-date the
creation of District Rural Development Agencies
(DRDAs), as effective administrative units of
administration in Scheduled / Tribal areas to
become focal point for all development and
regul atory functi ons concerni ng STs. The
administrative cost may be met from TSP funds;
- Introducing single line administration in the
Scheduled / Tribal areas;
- Adopting area planning approach in the Scheduled/
Tribal Areas and encourage economies of scale;
- Adopting the Tribal Sub Plan Strategy in letter and
spirit to ensure proportionate flow of funds at the
Central and State level at least in proportion to the
ST population through a single budget head in a
non-lapsable and non-divertible manner;
- Converging efforts and resources rather spreading
the resources uniformly through out the tribal areas,
without any linkage with other programmes, local
conditions and focus on STs;
- Devising an appropriate personnel policy to ensure
the presence of Government functionaries such as,
teachers, doctors, para-medical and other technical
and extension staff of various line departments, in
far flung and difficult areas;
- Supporting voluntary action in the service deficient
far flung areas;
- Developing appropriate communication strategy to
effectively reach the STs ;
- Encouraging academic, anthropological and policy
research to study various issues and identify
actionable points;
- Putting in place an institutionalized system of
effective monitoring and evaluation mechanism for
concurrent feedback and performance appraisal
linked to achievements of quantifiable outcomes;
- Empowerment of the community in terms of the
provisions of the PESA Act to transfer resources
and benefits under various programmes such as
PDS supplies, etc. directly to the gram sabhas to
ensure involvement and control of the community
in planning and implementation of programmes
6. Alienation of Tribal land:
Tenurial Insecurity
6.1 Land is the most important source of tribal
livelihood for agriculture both for settled and shifting
cultivation, horticulture, forestry and animal husbandry
in mixed farming systems. As land is a State subject,
various States have enacted laws to prevent alienation
of tribal land. However, people have circumvented these
laws in various ways. Alienation of tribal land is the
single most important cause of pauperization of tribals,
rendering their vulnerable economic situation more
precarious. Of even greater concern is the fact that the
lands lost are usually the most productive, leaving the
tribals to cultivate poor quality land that is extremely
vulnerable to the vagaries of weather and rainfall. The
total effect of land transfers has been devastating to the
fragile tribal economy. The massive inward migration of
non-tribals has also changed the ownership of land in
the Scheduled Areas to the disadvantage of STs.
Through this policy, it will be ensured that illegal transfer
of tribal land holdings is eliminated and that the alienated
land is restored to the tribal:
(a) The State anti-alienation land laws will be
subjected to scrutiny and amendments will be made to
remove lacunae and shortcomings, make them fool-
proof and stringent and bring them in conformity with
the PESA Act.
(b) The nodal Ministry will do a quick study of the
loopholes in various State laws, and come up with model
legislation for both, viz. restoration of alienated lands,
and checking further transfer.
(c) It is also necessary that the Indian Registration
Act, which is a Central Act, is amended to prevent the
registration of transfer of specified lands from tribals to
non-tribals in the tribal areas. The relevant documents
will require to be accompanied by an affidavit of the
transferee indicating whether or not the transferee is a
member of a Scheduled Tribe, or a registered society
composed solely of members of Scheduled Tribes.
(d) The progress of restoration of lands would be
carefully monitored by an assessment of total area
alienated, fixation of annual targets of restoration for
the States, and supervision by a high level empowered
committee at the level of Chief Secretary in the States,
with at least two members in this committee from civil
society with experience of working in tribal areas.
(e) Special fast-track courts will be established in
the Scheduled Areas to deal with cases of tribal land
alienation. Competent legal aid will be made available
timely to tribals at all stages of litigation. The judiciary
will be asked to consider adopting a time-limit, say 2 or
3 years, for disposal of a case of tribal land-alienation.
(f) Land records in the Scheduled Areas will be
computerized and updated. Wherever land is being
distributed to tribals or vested with them, it will be
recorded in the joint names of both the spouses, or in
the name of the woman alone. Efforts will be made to
allocate at least one hectare of land to each landless
family of STs.
7. Tribal Forest Interface
7.1 As per the Forest Survey of India Report, 2003,
about 60.04% of the 63% forest cover of the country
and 63% of the dense forests lie in 187 tribal districts,
though the geographical area of these districts is just
33.6% of the countrys geographical area. Out of 58
districts, which have more than 67% of their area under
forest cover, 51 happen to be tribal districts. A
comparison of the 2001 and 2003 assessments of forest
cover in tribal districts shows a net increase of 321,100
ha underscoring the point of a very strong symbiotic
relationship between the STs and the forests, and of
the tribals being at the forefront of the conservation
regime. There is no doubt that forest as natural resources
are an asset belonging to the entire country to be
enjoyed by every citizen. However, it has to be
considered that the costs, including opportunity costs,
are borne by local stakeholders while the benefits accrue
to a dispersed group of stakeholders, viz. the country
at large. The STs cannot be forced to view their
surroundings as total externalities for the good of the
nation without getting the right to possess a homestead
or earn a livelihood.
7.2 Due to the faulty processes of declaration of
forests in the past, the rights of the tribals over their
traditional land holdings in the forests have gradually
been extinguished. Insecurity of tenure and fear of
eviction from these lands have led the tribal communities
to feel emotionally as well as physically alienated from
forests and forest lands. The conditions of the tribals
living in and around forests is becoming increasingly
precarious and vulnerable day by day due to
displacement threats arising out of various causes, such
as increasing emphasis on conservation of forests
without human beings, etc. The Scheduled Tribes living
inside forests do not get the benefit of the various welfare
schemes due to non-availability of land titles in their
names. The consequences of not having land titles
deprives them of various entitlements such as bank
loans, domicile certificates, assistance under individual
benefit schemes of government like dug wells, housing
under the Indira Awas Yojana , etc.
7.3 The collection and marketing of MFP is a major
source of livelihood for most tribal families contributing
around 70 % of their total income. Despite the transfer
of ownership, control and management of MFP to the
STs through the Panchayats (Extension to Scheduled
Areas) Act, 1996, the collection and trade of MFP is
largely monopolized by the corporations of the Forest
Departments of the States, at least in case of high value
products. In many cases, such as tendu leaves, the
trading is done by the Forest Corporations through the
contractors and the STs are employed as labourers.
Non-conferment of ownership rights over the minor forest
produce directly impinges on the interests and rights of
the tribal people living in and around the forests. Through
this policy it will be ensured that:
(a) The States enact legislation to provide tenurial
security by recognizing the rights of forest dwelling
Scheduled Tribes over forest land under self-cultivation,
ownership of MFP including rights to collect, trade and
process the same, provision of minimum support price
for the MFP, conversion of forest villages into revenue
villages, rights over water bodies including fishing rights,
rights over minor minerals as per the PESA Act.
(b) Scientific forestry would be reoriented to mean
that wild fruits, nuts, MFPs, grasses, leaves, twigs and
other environment reserves become the main intended
products from forest lands and timber a by-product. The
reverse of this has been the policy for over a century
since the concept of production forestry came into being.
(c) The monopolies of the Forest Corporations
would be done away with and ownership of MFP would,
in the true sense of the term, be passed on to the
communities with institutionalized support duly backed
by minimum support price.
(d) Simple processing activities, such as, broom
making, leaf plate making, tamarind processing, mat
and rope making and other simple value addition
activities would be encouraged in the household/cottage
sector. Small-scale forest-based enterprises would be
supported by ensuring a sustainable supply of input
materials, providing managerial and technological
assistance, improving access to credit, providing market
support to help rural people get better prices for the
forest products and secure a sustainable livelihood.
(e) For multiplying tribal livelihood opportunities and
involving them in regeneration and protection of forests,
the State will adopt strict measures to combat illicit
felling of trees, form and employ Self Help Groups of
STs living in and around forests in afforestation/
regeneration activities through plantation of long,
medium and short term diverse species, encourage
processing of MFP items locally to reduce the number
of intermediaries, and bring better returns. The economic
welfare of the ST people will be the first charge on
usufruct and removable forestry resources by relegating
revenue objectives to secondary position.
(f) Research and extension will be undertaken to
improve upon the current practices, increase output and
incomes, and eliminate adverse ecological effects.
7.4 Shifting cultivation known as jhum or podu, is
a form of agriculture, practised mainly by STs, generally
on hill slopes in areas where practically no other mode
of cultivation may be feasible. The practice is prevalent
primarily in the North East of the country and in Orissa,
Andhra Pradesh and Jharkhand. The practitioners may
build terraces and contour bunds, and plant soil-binding
species to minimize soil erosion. In interior areas where
communications are not developed, sufficient land
suitable for terracing is not available, and tribals have
no access to credit or extension, shifting cultivation is
often the only system of cultivation possible. It is a
practical way out from the inherent difficulties in
preparing a proper seedbed in steep slopes. Shortening
of the cultivation cycle has taken place for a variety of
reasons, such as tribal land being taken over by dominant
peasantry or subsumed in development projects,
increase in population, etc. It is unrealistic to expect
shifting cultivation to be as benign as natural forests
it is a farming system, which makes use of forests and
should be considered as such. What is most important
about jhum cultivation is that it protects and supports
collective ownership of natural resources. The policy
recognizes that the land left fallow is actually part of
the whole jhum cycle and needs to be protected as
Jhum land.
8. Displacement, Rehabilitation and
Resettlement
8.1 The process of legally extinguishing traditional
rights of the ST communities over the natural resource
base began during the colonial period and continued
unabated in independent India because of steady
exploitation of natural resources from tribal areas for
the purpose of nation building. Resource rich areas of
the country, located largely in the traditional habitats of
the STs, containing most of the non-Himalayan forests,
wildlife, water and minerals, were always looked upon
as the resources of the entire country and were exploited
for the nation, unfortunately by extinguishing the rights
of the local inhabitants, mainly the Scheduled Tribes,
by paying nominal monetary compensation only for land.
Consequently, tribal communities witnessed their
habitats and homelands fragmented, their cultures
disrupted, their communities shattered, the monetary
compensation which tribal communities are not
equipped to handle slipping out of their hands, turning
them from owners of the resources and well-knit
contented communities to individual wage earners in
the urban agglomerates with uncertain futures and
threatened existence.
8.2 Displacement is a multi-dimensional trauma,
with far reaching impacts, which can not easily be
compensated. Since tribal land is generally non-
transferable, the land markets are underdeveloped and
the cost of acquiring land in tribal areas is extremely
low. The rate of compensation is, therefore, inadequate,
usually based on notional market value. The concept of
Net Present Value (NPV) applicable to forest land when
diverted for non-forestry purposes which calculates
accruals in the future to the natural resource base,
should be applicable to land being acquired from the
Scheduled Tribes for development projects. The
difference in the cost of acquisition of the lands and the
subsequent value of the land in the zone of influence
after implementation of the project is enormous. The
value of the property goes up substantially due to direct/
indirect downstream benefits from the project. This
encourages the tendency to acquire land in excess of
the requirement. Mining companies in particular acquire
land far in excess of requirements.
8.3 The Project Affected Persons(PAF) particularly
ST PAFs do not, in the present policy regime, reap the
benefits of the development that takes place including
the increase in real estate even though much of that
development is undertaken through the investment of
public funds. There is no provision for compulsorily
providing land for land to the PAFs in the command
area/zone of influence of the project. In any case, the
compensation is for individuals and not for communities.
Community assets and community values and character
are rarely protected or replaced. The present National
Policy on Resettlement and Rehabilitation for Project
Affected Families -2003 (NPRR) compensates only
assets, not livelihoods. Consequently, the STs, having
few property assets and depending largely on common
property resources, get little compensation and are
further impoverished as the cost compensation paid gets
spent in debt repayment and subsistence in the interim
between displacement and rehabilitation, leaving little
or nothing for future livelihoods.
8.4 The non-project affected ST families also get
adversely affected as a lot of secondary displacements
take place, and land owned or possessed by under-
privileged sections of the society changes hands. De
jure displacement due to irrigation, mining and industrial
projects is accompanied by extensive de-facto
displacement as such projects have considerable
deleterious impacts on the entire habitat particularly in
the zone of influence. The entire scheduled area
undergoes major changes including changes in the
composition of the population, where the pre-dominance
of the ST population, could get eroded and ultimately
could deprive the STs of the protection they are legally
entitled to.
8.5 The existing NPRR-2003 notified by the Ministry
of Rural Development suffers from various shortcomings
vis--vis the STs including inter-alia absence of a
mechanism for clearance of proposals which displace
people, lack of an effective nodal agency to monitor
implementation of the R&R plan, multiplicity of
agencies/authorities clearing projects adopting different
modalities, multiplicity of rehabilitation policies, non-
inclusion of corresponding amendments in the relevant
legislations such as the Land Acquisition Act, 1894,
absence of compulsory consultation with Gram Sabhas
in Scheduled Areas as provided in the PESA Act,
absence of a legal ban on going ahead with land
acquisition without clearance of R&R, under-valued cost
of land, the non-existence of any provision for land for
land, absence of any special provision for Scheduled
Areas, no legal compulsion to ensure the rehabilitation
and resettlement upfront before executing the project
etc.
8.6 As a result of this policy, it will be ensured that
a more favourable, fair and just legislative regime for
STs is put in force which would have the following broad
features:
The principle of least displacement would be
mandatorily followed. All the technological/ financial/
displacement alternatives should be explored and
reasons given to justify that the proposed project
involves least displacement.
There shall be a threshold of displacement viz. the
maximum number of persons that can be displaced
in one project. Projects involving displacement of more
then a fixed number, say 50000, would not be
considered, if the majority are STs, or would be
subjected to more stringent appraisal norms.
An exhaustive social impact assessment would be
conducted before initiating a development project.
Displacement would be after mandatory consultation
with the community as provided in the PESA Act.
The laws applicable to the Fifth and Sixth Schedule
Areas would not be amended to open up the areas
for control or ownership by private non-tribal individuals,
industries or institutions.
The definition of public purpose will be reexamined.
What is public purpose for one category of population
may result in the trauma of displacement for the tribal
people.
Use of tribal land on lease basis rather than on
acquisition, will be encouraged, with provision for
the land to revert to the original tribal owner on expiry
of the lease period or on earlier closure of the project
or the enterprise.
The principle of land for land in the command area or
zone of influence would be followed scrupulously. This
would lessen the inbuilt inequities between the
upstream displaced persons and the downstream
beneficiaries in case of, say, irrigation projects.
There will be mandatory consultations with Tribes
Advisory Councils in case of displacement of STs
from the Scheduled Areas.
STs displaced from Scheduled Areas shall be allotted
alternative lands in Scheduled Areas only.
Compensation would be computed not merely on the
basis of the replacement value of the individual land
rights lost, but on the market value of land, the concept
of net present value, loss of opportunity cost,
community rights, and livelihoods.
The cash compensation to be made available will be
invested in such ventures as yield regular income.
For instance, supplemented with institutional loan, it
may be invested in housing to be built for the project
staff or for shops, yielding monthly rent, etc.
Land and other assets would be provided in the joint
names of both spouses or in the name of the woman
of the household.
Unused land will, after a fixed period of time, be
physically handed back to the original owner or heirs
in a condition fit for agriculture or other use.
In industrial enterprises set up in the Scheduled Areas
(except in small ventures), the community would get
suitable benefits, which could be in the form of being
made a partner in the said industry or a certain
percentage of the profits being utilized for local area
development. The displaced would become co-
sharers in the fruits of acquisition. Suitable
amendments in the Companies Act would be
introduced for this purpose.
The PAFs would have first right to get employment in
the project. Training should be organized for the
induction of PAFs even before the project is initiated.
The implementation of R& R would be upfront to make
the process of displacement more humane.
A ground level monitoring mechanism involving
representatives of the PAFs, and post implementation
social audit will also be ensured
In application to Scheduled Areas, the provisions of
the Land Acquisition Act, 1894, the National Policy
on Resettlement and Rehabilitation of Project Affected
Families2003, the Coal Bearing Areas (Acquisition
and Development) Act, 1957 and the National Mineral
Policy, 1993 will be amended to harmonize with those
of the PESA Act, 1996.
8.7 The detailed cost benefit analysis, and
proposed rehabilitation package as per the norms of
this policy should be spelt out at the stage of the
notifications under Section 4 of the Land Acquisition
Act itself to enable people to examine the same. These
provisions would be put in place through suitable
legislation.
9. Enhancement of Human
Development Index
9.1 The human development indicators of the ST
population are much lower than the HDI of the rest of
the population in terms of all parameters, such as,
education, health, employment, income, etc. STs also
suffer from geographical and cultural exclusion, aspects
which do not get captured in the HDI. Similarly, lack of
capacity to make choices is not accounted for. Policy
prescriptions are, therefore, proposed in the following
areas:
Education, Vocational Training and Sports
9.2 Education is the most crucial requirement for
the sustained growth of a developing society. The literacy
rate of Scheduled Tribes was 8.53 in 1961 Census, and
has steadily increased to reach 47.10 in the 2001
Census, yet it is still far below the overall national literacy
rate of 64.84 as per the 2001 Census.
9.3 The following census figures illustrate the trends
in literacy amongst STs and others.
Source: Selected Educational Statistics 2002-03,

Ministry of Human Resource Development.
9.4 The drop out rate among tribal school going
children is alarming. Various steps taken by the State
Governments to check drop out, including free distribu-
tion of books and stationery, scholarship, reimburse-
ment of examination fee, free bus travel, mid-day meal,
etc. have had an impact but still falls short. The perfor-
mance of certain States in providing matching grant and
maintenance of service and management of hostels is
not encouraging. The pace of construction of hostels
has been very slow and the basic amenities provided
therein are substandard.
9.5 Low literacy especially among tribal girls, and
high drop out rates at elementary and higher levels are
areas of serious concern. The following steps will, there-
fore, be taken:
(a) There will be special focus on girls education,
inclusive of context-specific traditional and innovative
interventions. Anganwadis/creches will be linked with
Year Total Population STs
Male Female Total Male Female Total
1961 40.40 15.35 28.30 13.83 3.16 8.53
1971 45.96 21.97 34.45 17.63 4.85 11.30
1981 56.38 29.76 43.57 24.52 8.04 16.35
1991 64.13 39.29 52.21 40.65 18.19 29.60
2001 75.26 53.67 64.84 59.17 34.76 47.10
schools so that girls are not required to do baby-sitting
affecting their education. Special and sustained educa-
tion initiatives/drives will be continued /launched in low
female literacy tribal pockets i.e. in districts having less
than 35% ST female literacy with a view to significantly
raising the literacy levels among Scheduled Tribe girls
by the end of the Eleventh Plan period.
(b) Most teachers in schools in ST areas are non-
STs who tend to view tribal language, culture and social
practices as being inferior to theirs. Psychologically,
this has a strong negative impact on children, which
again contributes to their dropping out of school. One
way of tackling this problem would be to change the
way ST communities are being educated. To enable
comprehension of lessons taught, tribal children will be
taught in their mother tongue at least in the Classes I
to III. This step will be adopted particularly in case of
uni-lingual tribes. Text books will be prepared in tribal
languages and will acknowledge the role of tribal lead-
ers and tribes people in the struggle for Indian indepen-
dence and their contribution in other areas. The por-
trayal of tribes people in the text books will be imbued
with human dignity and empathy. This will be completed
by the end of the Eleventh Plan period.
(c) A normative network of primary, secondary and
high schools equipped with proper school buildings, hos-
tels and other requisite infrastructure facilities will be
worked out for all tribal areas. The norms would gener-
ally be one residential high school for ST boys and one
residential high school for ST girls in each block in the
tribal areas, and at least one primary school and one
primary level girls hostel in every Gram Panchayat.
About 10%-25% non-tri bal students from the
neighbourhood will be admitted in these schools for
encouraging integration and competition.
(d) The target of completing and operationalising
100 Eklavya Model Residential Schools with classes
six to twelve as per the scheme of the Ministry of Tribal
Affairs will be achieved and all schools will be made
high quality schools by the end of the Eleventh Plan
period.
(e) Teacher absenteeism is high in schools in tribal
areas, primarily because when appointments are made
at the district level, the candidates who are selected
are normally from in and around the district headquar-
ters and do not want to go to the interior area. To pre-
vent teacher absenteeism in tribal areas, local and tribal
teachers from local Panchayats will be given preference
in employment, and the teaching and non-teaching staff
of primary schools will be placed under the control of
the village management committee appointed by the
Gram Sabha or Gram Panchayat.
9.6 The Government will take steps to improve edu-
cation, sports and employment opportunities for STs
by ensuring:
Annual increase of 3% in literacy growth rate, for
both male and female;
100% enrolment of tribal children and reduction
of dropout rates, especially tribal girls, to bring at
par with others by the end of 11
th
Five Year Plan;
Opening primary schools for boys and girls within
a radius of 1 km. of tribal villages;
Opening residential facilities for primary sections
at Panchayat level;
Development of primers in major tribal languages
for the students upto Class III;
Making a residential high school or hostel facili-
ties available in every block in the tribal areas
(Approx. 600) along with provision for food and
other consumables and to provide 10% - 25% of
seats for non-tri bal students from the
neighbourhood BPL families for inter-mixing and
competition;
Introducing appropriate incentives for parents to
send their daughters to schools till secondary
level.
Opening of boys and girls hostels for ST children
for middle and higher education in towns and cit-
ies, including in non-tribal areas;
Providing appropriate sports infrastructure in each
school from primary stage. At least 5% of the
annual grant of the school may be kept aside for
development of sports and sports events;
Earmarking positions within the district cadres
for employment of teachers from Panchayat or
intermediate Panchayat levels with transfer of
powers to Gram Sabhas to recruit and control
them;
The scope of Post Matric Scholarships, Overseas
Scholarships and Rajiv Gandhi National Fellow-
ship (RGNF) will be broadened for higher stud-
ies. Outstanding national level tribal sports per-
sons shall be considered for appropriate scholar-
ships and training abroad, to develop their talent
in line with international standards;
Sponsoring of ST candidates in recognized pub-
lic/private vocational training institutions, which
provide recognized certificate/diploma courses
acceptable to both the public /private sector.
Health
9.7 Health care is a major problem in far-flung
isolated tribal areas. Lack of food security, sanitation,
and safe drinking water, poor nutrition and high poverty
levels aggravate the poor health status of tribals. The
problem of malnutrition is multi dimensional and inter-
generational in nature. Health institutions are few and
far between. Till recently, abundance of fruits, tubers,
roots, leaves in forests on the one hand and indigenous
health-care systems on the other, contributed positively
to tribal health. Tribal people have over the centuries
developed their own medicinal system based on herbs
and other items collected from nature and processed
locally. They have also their own system of diagnosis
and cure of diseases. But the skills as well as the natural
resources are fast disappearing. Moreover, the traditional
systems cannot treat or prevent many of the diseases
that modern medicine can. There are wide variations
among members of different tribes in health status and
in their willingness to access and utilize health services,
depending on their culture, level of contact with other
cultures and degree of adaptability. Some health
indicators of STs, SCs and others (per thousand persons)
are given below to establish the poor state of health
amongst STs-
Source: Bulletin on Rural Health statistics in India, 2005,
Ministry of Health and Family Welfare
9.8 The coverage and efficacy of health services
would need to be planned with a focus on the prevalence
of specific diseases amongst STs, persistent shortages
of medical and paramedical staff and lack of basic
infrastructure such as roads, electricity, etc.
9.9 At present the norms for Primary Health
Centers (PHCs) (one for every 20000 population) and
for sub-centres in tribal areas (one for every 3000
population) are lower than the norms for other areas.
The problem, however, is to find doctors and other para-
medical personnel to serve in these institutions.
Therefore, creating more institutions by relaxing the
norms further may not be a feasible solution, since it
will be even more difficult to find personnel for this
increased number of institutions. It should be recognized
that the reluctance of doctors and paramedicos to serve
Infant Under-5 Under-
Mortality Rate Mortality Rate nutrition
SC 83.0 119.3 535
ST 84.2 126.6 559
ALL 70.0 94.9 470
in these areas is extremely difficult to overcome
because the reasons are many. Therefore, different
patterns may need to be adopted in the tribal areas.
For instance, instead of having several single or two
doctor PHCs in the tribal areas, where doctors rarely
go, since they have to be all by themselves without any
conducive company, it would be better to have only a
few multi-doctor institutions at central locations with 4-
5 doctors each. To ensure access to the multi-doctor
institutions, the road network as well as transportation
to the surrounding villages would need to be vastly
improved.
9.10 The following actions are, therefore, proposed
to be taken:
(a) Efforts will be made to devise new systems or
patterns of institutions by which the access of tribals
to modern health care would be enhanced.
(b) A synthesis of Indian systems of medicine like
Ayurveda and Siddha with the tribal system and modern
medicine will be promoted.
(c) In accordance with the provisions of the PESA
Act 1996, the Gram Sabha will have control over the
para-medical staff of the health sub-centres, the
intermediate Panchayat over the medical and para-
medical staff of the PHCs and the Zilla Panchayat over
the medical and para-medical staff of the CHCs and
hospitals in their respective jurisdictions.
(d) Poor quality of drinking water and lack of
awareness about hygiene and improved sanitation are
major sources of water borne diseases. Since tribal
areas have different kinds of terrain, different methods
for provision of drinking water will have to be adopted.
Most of the tribal areas have sufficient rainfall. In the
plain areas, bore wells and tube wells would be
sufficient. In the uplands, it will have to be deep wells
with higher estimates.
(e) The Government will endeavour to improve
health, drinking water supply, hygiene and sanitation
amongst STs by:
Focusing on eradication of diseases endemic to
tribal areas, genetic disorders, sickle cell anemia,
etc.
Evolving a new strategy of combining indigenous
tribal medicine with ISM&H so as to make
healthcare accessible to interior tribal areas and
also allowing the tribals to contribute their traditional
knowledge;
Taking up research, collection, collation and
compilation of relevant statistics, health indicators
such as nutritional status, life expectancy, IMR,
MMR, disease-specific mortality rates, alcoholism,
drug-addiction, disability rates, suicide rates,
Giving special attention to the health requirements
of children below 6 years, promoting immunization,
preventing severe malnutrition as well as the care
of pregnant and lactating mothers.
Improving overall awareness about health, hygiene
and improved sanitation among tribal community
and empowering them to plan, implement, operate
and maintain their own water supply and sanitation
systems.
Encouraging rainwater harvesting and developing
gravity-based small water supply systems, which
are easy to operate and maintain by the local tribal
community at low O&M cost for assured availability
of safe drinking water throughout the year in all tribal
habitations.
Enhancing the availability of the Public Distribution
System (PDS), and Antyodaya Anna Yojana in
tribal areas of at least 25 kilograms a month with
transfer of management and ownership of PDS to
the community with linkage with NRE Guarantee
programmes;
Establishing Village Grain Banks in each village to
cover all ST families.
Covering earning members of tribal families with
health insurance by the end of the Eleventh Plan
with special provisions for every tribal girl joining
the school at primary level.
Livelihood opportunities
9.11 Unllike other disadvantaged groups, Scheduled
Tribes possess land and are closely attached to their
lands and to forests. However, the lands are generally
uplands and rainfed and their productivity is low.
Dwindling forests and forest produce have also adversely
affected STs livelihoods. Land based opportunities are,
therefore, crucial for improving economic situation of
the STs. This is dealt with later.
9.12 Non-land based livelihood opportunities are more
limited and would require harnessing the innate skills
of tribals which do not at present bring them adequate
remuneration. The STs in non-land based activities may
be literate or illiterate, skilled or unskilled. To increase
their access to livelihood opportunities different
approaches will have to be adopted:
(a) For literate segments of the ST population, the
emphasis for livelihood programmes would be on
vocational training. Accredited institutions like ITI, NIRD,
Food Craft Institution, Institute of Fashion Design etc.
would be involved to devise special courses for the target
groups, keeping pace with modern times.
(b) For the illiterate or semi-literate groups,
livelihoods based on traditional arts and crafts or agro
and forest based activities would be encouraged.
Handicraft products have a tremendous potential to
create a niche for themselves not only in India but in
the global market. Strong market links will have to be
developed and technical inputs for product improvement
and design would need to be given. Institutional finance
through Banks, National ST Finance Development
Corporation, etc. would be tapped. TRIFED and other
such organizations would be associated in market
development, in creating producers groups and
cooperative movements amongst the STs.
(c) Employment programmes such as the Rural
Employment Guarantee Scheme and support to agro
and forest based activities would provide livelihoods to
the illiterate and unskilled persons. Improved agriculture
with assured irrigation and training in horticulture,
floriculture, and dairy can also become highly
remunerative options. Successful models in this field
such as the Wadi programme developed by BAIF in
Gujarat and Maharashtra, rubber plantations developed
by the Rubber Board in Tripura and Orissa, coffee
plantations in Andhra Pradesh, etc. would be adopted.
Simultaneously development of water bodies, water
harvesting systems and pastures etc. would enhance
the productivity of the natural resource base to increase
livelihood options, animal husbandry, dairying, fishing,
etc.
(d) A large segment of forest dwelling STs depend
on collection of Minor Forest Produce (MFP) for their
living. Value addition activities for MFP would be
encouraged both through organizations like TRIFED,
as well as through the private sector.
Agriculture and Horticulture
9.13 Over 80% of Scheduled Tribes work in the
primary sector against 53% of the general population.
About 45% of Scheduled Tribes are cultivators against
32.5% of the general population. According to available
statistics, the number of STs who were cultivators,
declined from over 68% to 45% in 2001 whereas
agricultural labourers increased from about 20% to 37%,
an indication that the Scheduled Tribes are steadily
losing their lands.
9.14 Typically, agriculture by STs is carried out on
uplands where soils are generally poor and rainfall
erratic. Hence, coarse cereals like ragi, jowar, bajra,
oil-seeds, pulses etc. are grown. Such valley lands as
are available produce paddy, wheat and other water
dependent crops. The levels of technology adopted are
low, making for low productivity.
9.15 Under the policy, the following action will be
taken:
(a) Efforts will be made to increase production
through conversion to settled agriculture, where possible,
with linkage to easy credit and markets and assured
irrigation. The average irrigated area in tribal districts is
extremely low, but there is great scope for tapping the
available water resources. Though specific data relating
to lands owned by STs and availability of minor irrigation
facilities is not available, it is apparent that irrigation
through check dams, rain and other water harvesting
structures can go a long way in improving the output in
these areas.
(b) A comprehensive survey of water resources,
including surface water and ground water, would be
undertaken in tribal areas with the help of remote sensing
to prepare land use maps. Where water levels have gone
down, integrated water shed management approach will
have to be adopted. Ponds and tanks will be increased
in number and renovated for optimum use.
(c) The rights of planning and management of minor
water bodies in Scheduled Areas will vest in Panchayats
at the appropriate level in terms of clause (j) of the PESA
Act 1996 and the relevant laws and instruments will be
amended. Decisions will be taken collectively in the
gram sabha, instead of adopting a top down approach.
(d) Horticulture programmes would be envisaged
on an extensive scale in fields belonging to STs as
sloping lands and high lands are quite suitable for this
activity. Funds for this purpose will be provided to the
self help groups in tribal areas particularly women SHGs
for implementation of the programmes.
(e) Arrangements for processing of agricultural,
horticulture and minor forest produce on a large scale
and its marketing will be taken up during the Eleventh
Plan.
(f) Tribal cooperatives and credit systems will be
supported, maki ng use of the i nnate tri bal
communitarianism, the ethos of caring for, and sharing
wi th others. LAMPS and si mi l ar cooperati ve
organizations in tribal areas will be revived and revamped
or new organizations such as SHGs formed.
(g) Institutional credit and timely supply of farm
inputs and purchase of tribal agricultural and forest
produce would also need to be ensured. The National
level Scheduled Tribes Finance and Development
Corporation will play a catalytic role in flow of hassle
free institutional finance at differential rates of interest.
Commercial banks will be encouraged to give a special
focus to lending programmes for tribals.
Migration
9.16 Migration is common to many communities but
it is inordinately high in certain tribal areas. The adverse
consequences of migration are several: the children drop
out of schools contributing to the high illiteracy rate;
the adults are financially and sexually exploited; health
care is difficult to get, particularly for diseases which
need long term treatment such as TB, leprosy, etc.
9.17 In order to reduce migration, the following steps
will be taken:
(a) The Government will make efforts to provide
livelihood security to all households in tribal areas by
providing guaranteed wage employment to every adult
volunteering to do unskilled manual work as provided
under the National Rural Employment Guarantee Act.
(b) Productivity of the existing lands, and work will
be increased through programmes such as those
mentioned earlier.
(c) Relevant labour laws will be implemented with
the involvement of NGOs to ensure protection to the
migrant work force.
Money lending and Indebtedness
9.18 Despite the existence of legal and protective
measures to curb money-lending in scheduled areas
and provisions for debt-relief, enforcement has been
weak and ineffective. The non-recognition of the
consumption needs of tribals and the non-availability of
institutional consumption credit makes the tribal people
fall easy victim to moneylenders. This leads to
dependence of the tribal on moneylenders, and the
enormous rates of interest keep the tribal in perpetual
debt, resulting in the mortgage and ultimate loss of his/
her land and property.
9.19 Positive measures to improve the flow of
institutional credit for consumption through self-help
groups will be taken. The Andhra Pradesh model for
food security and consumption credit would be worth
emulating in other States.
10. Creation of critical infrastructure
10.1 The framers of the Constitution were conscious
of the lower level of infrastructure in the Scheduled and
Tribal areas and the need to bring it at par with the rest
of the areas. Proviso (1) to Article 275(1) of the
Constitution, therefore, specifically enables the creation
of such infrastructure and raising the level of
administration of the Scheduled Areas to that of the
rest of the areas of the State by providing the cost for
this from out of the Consolidated Fund of India.
10.2 Most of the States have used the funds under
Article 275(1) for infrastructure facilities like irrigation,
roads, bridges, school buildings, etc. The wide gap,
however still exists due to inadequate level of funding.
Unfortunately, this enabling provision in the Constitution
has not been used effectively to bridge the gap in a
time-bound manner.
10.3 The backwardness of tribal areas is partially
due to their geographical isolation due to the rugged,
mountainous and forested terrain of the major tribal
areas of the plateau and the North East. The social and
physical infrastructure in the tribal areas is inadequate
and at a much lower level than the rest of the areas.
Moreover, the data which is available only for the State
as a whole or district-wise gives a misleading picture,
as it does not reflect the very skewed distribution within
the districts/State. There are extremely backward ST
areas even within States witnessing high growth rates.
10.4 While the availability of services like roads,
health care, telecommunications, distribution of power,
etc. are improving in the country through enhanced
investments both public and private, the condition in
the tribal areas is deteriorating due to poor maintenance
of the assets already created, and reluctance of the
private sector to invest in tribal areas because of low
returns. The gap in the infrastructure between the tribal
areas and rest of the country is thus widening.
10.5 Moreover, the existing norms of covering areas
on the basis of population always work against the STs
who live in small hamlets in sparsely populated areas.
For example, the Pradhan Mantri Gram Sadak Yojana
(PMGSY) provides for covering unconnected habitations
in rural areas in such a way that first all unconnected
habitations with a population of 1,000 persons and above
are connected and thereafter all unconnected habitations
with a population of 500 persons and above. Thus villages
in the tribal areas which normally have less than 500
persons are left out. Similarly, other programmes and
schemes such as the Raj eev Gandhi Rural
Electrification Scheme, Swajaldhara, and schemes
relating to agriculture, animal husbandry, forestry,
education, health, housing, etc. also work to exclude
ST villages and people. The norms for providing
infrastructure in tribal areas should, therefore, be
considerably relaxed, being fixed, say, at one-third of
those fixed for other areas.
10.6 Development efforts, unless carefully directed
towards the vulnerable sections, may lead to exclusion
of STs and further strengthen the vested interests and
patterns of exploitation. The approach of providing funds
in proportion to the ST population which has been
advocated since the 1970s, but not seriously followed,
will not be adequate to meet the severely deficient
situation in the tribal areas. Therefore, while the
population proportion funding for STs needs to be insisted
upon as a minimum, the present level of funding under
the first proviso to Article 275(1) needs to be
substantially enhanced to provide funds that are able to
bring the Scheduled Areas at par with rest of the country
in a time bound manner and not later than the year
2020.
11. Violent Manifestations
11.1 The plateau area of central India which, together
with the North East, has most of the forest resources
and mineral wealth of the country also happens to be
the area in which the majority of the tribal people live. It
also has very low physical infrastructure and a very low
HDI.
11.2 STs, over a period of several years, have begun
to feel a deep sense of exclusion and alienation, which
has been manifesting itself in the form of tribal unrest
in various tribal pockets. The increasing violence is due
to a variety of reasons - social, political and economic,
which combined together have created a sense of severe
dissatisfaction, a feeling of having been neglected and
deprived of what is rightfully theirs. The factors leading
to the spread of the violent movements include the
existence of acute poverty, severe disparities in living
standards, lack of economic and livelihood opportunities
and being treated as offenders and even criminals when
they exercise their traditional rights.
11.3 A situation is thus developing where the STs
view the State as their exploiter and enemy, and the
preachers of violent actions as their protector and friend.
Tribal people tend to support these violent movements
as they feel that it would help them to get their rights,
protect them from exploitation and redress their
grievances.
11.4 Such violent manifestations should not be
viewed as merely law and order problems to be tackled
through policing, or by arming the tribals to fight these
events as is being done in certain areas. The solution
lies in giving rights to the ST communities over natural
and financial resources and addressing the issue of
economic deprivation in a prompt and time bound
manner.
12. Conservation and Development
of Particularly Vulnerable Tribal
Groups (PTGs)
12.1 A section of the STs who are even more
backward than others have been historically classified
as Primitive Tribal Groups (PTGs) since 1973. These
tribes are 75 in number and their population as per the
1991 census is about 25 lakhs. The criteria used for
identification of the PTGs are: pre-agricultural level of
technology, remote isolated enclaves, smallness of
number, stagnating or diminishing population, low levels
of literacy. These criteria also suffer from lack of
specificity, but since it is not proposed to add any more
tribes to the number of PTGs, a change at this stage is
unnecessary. There is, however, a need to change the
name, even though this may be merely cosmetic. The
term primitive has derogatory overtones and therefore
will be changed through this Policy to Particularly
Vulnerable Tribal Groups (PTGs).
12.2 The following action is envisaged under the
Policy to improve the condition of the PTGs:
(a) To address the problem of inadequate data, the
concerned States will compile comprehensive data-
bases and profiles for each of the 75 PTGs.
(b) Different approaches will be adopted for the two
broad categories among the PTGs viz. the heritage
groups which have been, more or less, insulated from
the surrounding populations and are placed in isolated
ecological environments, such as, the Jarawas,
Sentinelese, Shampen, Cholanaikan, etc. and the
category of PTGs which is located on the fringes of
mainstream population and have some contact with
them, such as the Birhor, Chenchus, Jenu Kurubas,
etc. The strategy of advancement will be group-oriented
in the case of heritage groups; it will be a mix of group-
oriented and area-development in the case of the second
category. The first approach will aim at conservation of
the eco-system, life styles and traditional skills of the
group, while the second approach will place equal
emphasis on economic programmes. The underlying
principle and approach will be to enable a PTG to move
forward in its own chosen direction and at its own pace.
No attempt will be made to disrupt its moorings.
(c ) Within this framework, conservation-cum-
development plans will be prepared probing the causes
of disequilibrium in the socio-economic, physical,
environmental resources, assessing the specific
requirements for health, nutrition, education, livelihoods,
etc. and proposing appropriate interventions. The three
entry points for administration will be drinking water
supply, education and health.
(d) All the PTGs would simultaneously be covered
under the Life-cum-Disability Insurance Scheme.
13. Adoption of TSP Strategy
13.1 The implementation of sectoral development
programmes for all people including the Scheduled Tribe
communities is the responsibility of various sectoral
Ministries. However, the Ministry of Tribal Affairs as the
nodal Ministry for overall policy, planning and
coordination of programmes of development for the
Scheduled Tribes has to work with other sectoral
Ministries for any meaningful achievement.
13.2 The concept of the Tribal Sub Plan evolved
against this background and was adopted for the first
time at the beginning of the 5
th
Five Year Plan in 1974-
75. It applies, at present, to 21 States and two Union
Territories (UTs), where Scheduled Tribes constitute a
sizable population and provides for allocation of funds
in proportion to the Scheduled Tribe population in the
country by each of the concerned Central Ministries/
Departments, and in each State in proportion to the ST
population of that State.
13.3 The TSP as originally conceived had a two-
pronged strategy: promotion of developmental activities
to raise the living standards of Scheduled Tribes; and
protecti on of thei r i nterest through l egal and
administrative support. The TSP mechanism has,
however, become routine and humdrum in most of the
States with little awareness of its original objectives.
TSP has become a loose agglomeration of schemes
prepared by line departments and driven more by
departmental priorities rather than by any broad
philosophy or thrust on development of tribals and tribal
areas. There is no specific tribal focus in various
schemes and it is often restricted to reporting
proportionate, often notional, coverage of ST
beneficiaries in percentage terms. While several of the
States have at least notionally been implementing the
TSP, most of the Central Ministries have not been doing
even that. Almost no Central Ministry provides population
proportionate funds for programmes to benefit tribals.
Spending is also ad-hoc and un-coordinated.
13.4 It is necessary that mechanisms are put in
place for effective pooling of TSP funds and spending
them under a tribal-centric strategy prepared by each
line Ministry dealing with social sector funds. The general
criteria for provision of services and infrastructure, based
on population norms, cannot be applied to STs as the
sparsely populated ST villages and clusters would never
satisfy such criteria. Hence, the criteria would need to
be relaxed to ensure that development reaches the STs.
13.5 The following steps will be taken under this
policy:
(a) The TSP strategy would be strengthened and
revamped with an institutionalized mechanism for
compliance and monitoring. Each Ministry would be
required to prepare a plan under a distinct strategy to
create/upgrade level of service in the tribal areas during
the Eleventh Plan period so as to bring it to the level of
the rest of the areas.
(b) TSP resources would be pooled under a
separate budget head in each of the States to
implement programmes as per the following broad
guidelines:
Earmarking funds for TSP from total State Plan
outlay at least in the proportion of the ST population
of the State/ UT;
Mandatory approval of the State TSPs by the
Ministry of Tribal Affairs before approval of the Annual
Plans by the Planning Commission;
Finalisation and approval of the Annual TS Plans of
the Central Ministries on similar lines by a
Committee in the Planning Commission to be
serviced by the Ministry of Tribal Affairs.
Placement of TSP funds under a separate Budget
Head Code 796;
TSP funds to be made non-divertible and non-
lapsable a workable system would be developed.
Formulation and implementation of the Tribal Sub
Plan in the States by the nodal Department, i.e.
Department concerned with Tribal Welfare;
Drawing up of Annual TSP for each of the ITDPs/
ITDAs;
Coordinating activities of DRDAs and ITDAs so as
to make the ITDAs more effective.
With the Central Ministries and States following these
guidelines, a sizeable amount would be spent in a
focused and integrated manner under the Tribal Sub
Plan strategy to achieve the desired impact.
14. Empowerment
14.1 The Provisions of the Panchayats (Extension
to the Scheduled Areas) Act, 1996 (PESA) came into
force on 24
th
December, 1996 with the objective of
safeguarding and preserving the traditions and customs
of the people living in the Fifth Schedule areas, their
social, religious and cultural identities, and traditional
management practices of community resources.
14.2 PESA is an instrument for empowerment of
the Scheduled Tribes living in the Scheduled Areas.
PESA, inter-alia,
- provides that Panchayats at the appropriate level
and the Gram Sabhas be endowed specifically with
the ownership of Minor Forest Produce (MFP);
- empowers Gram Sabhas to approve beneficiaries
under poverty alleviation programmes and the
provisions relating to minor forest produce, minor
minerals and settlement of land rights in forest;
- makes prior consultation with Gram Sabha or
Panchayats at the appropriate level mandatory
before acquisition of land for development projects;
- makes recommendations of Gram Sabha or the
Panchayat at the appropriate level mandatory for
grant of prospecting licence or mining lease for minor
minerals;
- requires that State Governments change their
existing laws wherever these are inconsistent with
the central legislation.
14.3 In reality, however, since its passage PESA has
not become part of mainstream policy. Many State
Governments have passed laws not fully in conformity
with the Central law. Several Central laws such as the
Land Acquisition Act are also still to be amended. While
PESA remains unimplemented, the tribal areas are
increasingly being opened up by the State Governments
for commercial exploitation by national and multi national
corporate bodies.
14.4 The following actions are, therefore, proposed
under this policy:
(a) Bring about conformity between Central laws and
PESA.
(b) Dialogue with State Governments to bring about
conformity between State Laws and PESA.
(c) Promote decentralized decision making structures
and actively encourage the Constitutional provisions
relating to planning at the district level.
(d) Make the Gram Sabha, Panchayats and
Municipalities responsible for planning and
implementation of economic development in
accordance with the provisions of the Constitution
including Articles 243, 243-A- 243-G and the
Provisions of the Panchayats (Extension to the
Scheduled Areas) Act , 1996.
(e) Support enactment corresponding to PESA
legislation for urban pockets in Scheduled Areas.
(f) Review and strengthen the scope of self-governance
in keeping with the tribal tradition and the
constitutional provisions, especially in the Sixth
Schedule Areas.
15. Gender Equity
15.1 Raising the status of women in general and
that of ST women in particular is not just a moral
imperative but also a strategic one. Within the framework
of a democratic polity, our laws, development policies,
plans and programmes have aimed at womens
advancement in different spheres. In recent years, the
empowerment of women has been recognized as a
central issue in determining the status of women.
15.2 Tribal women, while being a disadvantaged and
vulnerable group are, nevertheless, better placed, in
many respects, than their counterparts in the general
population and, in fact, are, in certain areas, more
empowered. They generally do not suffer segregation
or lower status. This is also reflected in their higher
sex-ratio vis--vis the general population (977 as
compared to 933 as per the 2001 census). The child
sex- ratio for the ST women also compares favourably
vis--vis the general population, being 972 as against
919 for the general population, as per the 2001 census.
However, the negative practices of the main-stream
population seem to have started to percolate to the tribal
population as well. For instance, the child female to
male sex-ratio for STs shows a decline from 985 (per
thousand males ) in 1991 to 972 in 2001. In areas such
as education and health, however, tribal females lag
behind significantly.
15.3 The following efforts will be made for the
upliftment of tribal women:
(a) Special literacy programmes drives would be
continued or launched in low female literacy
pockets, with special focus on girls education.
(b) Measures would also be taken through community
efforts to eliminate certain pernicious practices
which result in the torture and oppression of women
e.g. witch craft.
(c) Migration of tribal women to urban areas, to take
low paid, domestic and menial work would be
discouraged by providing an enabling regulatory/
policy framework.
(d) Customary practices (of inheritance, ownership of
property, etc.) which dis-criminate against women
would be examined with a view to bring about gender
parity.
16. Enlisting Support of NGOs
16.1 The importance of the participatory approach
to development cannot be over-emphasised. Non-
Governmental Organisations (NGOs) and Voluntary
Agencies (VAs) act as catalysts and facilitators in
reaching the benefits of Government programmes and
policies to the grass-roots level and thus optimize the
achievements. Such organizations have direct links
and rapport with people and are conversant with their
problems. They also provide continuity. NGOs can
thus effectively undertake and promote family and
community based programmes and mobilize resources
in tribal areas on a long-term basis.
16.2 Many voluntary agencies have done a
commendable job in the upliftment of tribals. However,
in recent years, a mushrooming of NGOs/VAs, which
approach the Government for financial assistance, has
been observed. Governments efforts to nurture and bring
into its fold good NGOs have been constrained partly
due to this inordinate increase in the number of NGOs,
many of whose activities are suspect.
16.3 Keeping both the positive and negative aspects
in mind, under the Policy, NGOs will be encouraged to
get involved in tribal development activities particulary
in the running of residential and non-residential schools,
hostels, dispensaries, hospitals, vocational training
centers, awareness programmes and capacity building,
but in a manner that will ensure transparency.
16.4 The Government proposes to support the
voluntary actions in tribal areas as follows:
(a) State Governments will receive, scrutinize and
recommend projects of NGOs as against the
practice of centralizing such action at the
Government of India level. This will also ensure
greater involvement of the State Governments.
(b) NGO projects will be taken up in prioritized sectors
in service deficient scheduled areas/tribal areas.
The projects will be for a defined project period to
ensure that benefit of the project reaches the target
population with visible impact, and also ensure the
accountability of the NGO.
(c) NGOs will be encouraged to establish other support
systems that would gradually reduce their
dependence on Government and extend the spirit
of voluntary service.
(d) Voluntary organizations will need to encourage and
involve the community in social activity and to that
effect would be required to play a catalytic role in
informing and empowering the community in the
area of operation. Increased involvement of the
community or otherwise would be one of the
yardsticks of performance of the NGO.
(e) To improve the functioning of NGOs in qualitative
terms and ensure that they are bonafi de
organizations, Government will explore ways for
accreditation of NGOs.
(f) Long term commitment would be fostered with
accredited, reputed and established voluntary
agencies in identified service deficient areas and
on the basis of mutual trust.
17. Tribal Culture and Traditional
Knowledge
17.1 Issues relating to tribal culture, tradition and
heritage, arts and crafts, dance and music will be
broadly addressed and supported in the following
manner:
(a) Tribal arts and crafts will be documented, preserved,
disseminated and selectively linked to the market.
(b) Cultural melas and festivals will be organised at
the national and State levels and tribal artists, and
folk art performers would be encouraged and
supported in their respective areas of specialization.
(c) National and State level Sangeet Nataka Academies
would be supported to document different folk
dances of different States and identify distinguished
artists.
(d) Tribal artefacts, textiles and ornaments would be
promoted through exhibitions to facilitate access
to market and create potential for employment.
(e) An Adivasi Bhavan would be established in the
capital of the country to showcase tribal arts, crafts,
dance, music and way of life. It would also have a
documentation-cum-reference Centre for cross
fertilization of ideas with facilities for seminars and
exhibitions.
17.2 Traditional Knowledge: Dwelling amidst hills,
forests, coastal areas and deserts, tribals over the
centuries have gained precious and vast experience in
combating environmental hardships and leading
sustainable livelihoods. Their wisdom is reflected in their
water harvesting techniques, indigenously developed
agri cul tural practi ces and i rri gati on systems,
construction of cane bridges in hills, adaptation to desert
life, utilization of forest species like herbs and plants
for medicinal purposes, meteorological assessment etc.
This invaluable knowledge needs to be properly
documented and preserved to prevent it getting lost as
a result of modernization and the passage of time.
17.3 Efforts will be made to:
(a) Preserve, promote and document tribal traditional
knowledge and wisdom.
(b) Establish a centre to train tribal youth in areas of
traditional wisdom.
(c) Disseminate such knowledge through models and
exhibits at appropriate places.
18. Administration of Tribal Areas
18.1 The quality of administration is an extremely
critical input in development. The level of administration
in Scheduled and other tribal areas has to be raised
expeditiously to match the challenge which the tribal
will increasingly face as the pace of change quickens.
Fifth Schedule of the Constitution
18.2 The Fifth Schedule of the Constitution, which
relates to the administration of Scheduled Areas,
envisages significant administrative, legislative, powers
and protection to Scheduled Tribes in Scheduled Areas.
But its full potential has not been realized.
18.3 In Part A of the Fifth Schedule, para 3 refers to
two important provisions: the first, to a report to be made
by the Governor to the President, annually, or whenever
required by the President, regarding the administration
of Scheduled Areas in the State; and the second, to the
executive power of the Union to give directions to the
State regarding the administration of the Scheduled
Areas.
18.4 Over the years, the Governors report has
unfortunately become a routine document and highlights
only the achievements of the State Government in tribal
development. In-depth analysis of the problems of
Scheduled Areas is generally not included in the reports.
The Governors report needs to be made into a significant
document, reflecting the state of affairs in the Scheduled
Areas in social, economic, political and cultural matters.
18.5 Para 4 of the Schedule requires Tribes Advisory
Councils (TAC) to be set up in all States and Union
Territories which have Scheduled Areas and, at the
Presidents discretion, in other States having Scheduled
Tribes, even though they may not have Scheduled
Areas. At present, only States with Scheduled Areas
have TACs. It is necessary to have TACs in other States
as well, to look after the interests of Scheduled Tribes.
However, even where they exist, the track record of the
Tribes Advisory Councils (TACs) has not been
encouraging in ensuring the protection or welfare of
Scheduled Tribes. The existing TACs constituted by
the State Governments generally meet and discuss
issues in a routine manner. Therefore, the following
action is proposed:
(a) Mechanisms will be devised to have TACs set up in
States which have Scheduled Tribes but no
Scheduled Areas;
(b) The State Governments will be required to consult
the TAC on all legislation, rules, regulations etc.
proposed by the concerned authorities, which affect
tribal interests; and
(c) The TAC or its sub-committe will function as an
overseeing and monitoring body for all tribal related
programmes.
18.6 In para 5 of the Schedule, the Governor has
been conferred extraordinary powers to make regulations
for Scheduled Areas. He is even authorized to bar,
prospectively or retrospectively, in full or in part, the
application of any law in a Scheduled Area or to modify
laws made by the Parliament or a State Legislature in
its application to a Scheduled Area. Since, according
to legal opinion, such power can be exercised only on
Ministerial advice, a modus operandi will need to be
developed to enable the Governor to discharge his
functions under the Fifth Schedule.
18.7 For delineation of Scheduled Areas, the four
criteria cited by the Dhebar Commission, viz. (i)
preponderance of tribal population, (ii) compactness and
reasonable size of the area, (iii) underdeveloped nature
of the area, and (iv) marked disparity in economic
standards of the people and outside the area, will
continue to be used. However, considering the
demographic changes since then, particularly the influx
of non-tribal populations in the Scheduled Areas the
following will be considered for determination of
Scheduled Areas:
(a) ST population percentage of less than 50%,on a
case to case basis
(b) A Gram Panchayat in lieu of a Development Block
may be taken as a unit.
18.8 The Tribal Sub Plan area encompasses a much
larger area than the Scheduled Areas. However,
protective and legal measures are not available in all
TSP areas, depriving a large number of STs from
legitimate protection. Therefore, the Tribal Sub Plan
Areas and Scheduled Areas will be made co-terminus.
18.9 The feasibility of incorporating some of the
salutary provisions of the Sixth Schedule into the pattern
of the district administration in the Scheduled Areas
will be examined as provided under Section 4(o) of the
PESA Act.
Sixth Schedule of the Constitution
18.10 The Sixth Schedule of the Constitution was
designed to devolve autonomy of a wide magnitude on
the district and regional councils. So much so, that
the Schedule has been described as a Constitution
within the Constitution. A wide range of legislative,
judicial, executive and financial powers have been
conferred on the Autonomous Councils.
18.11 Although the Sixth Schedule envisages
considerable autonomy for its District Councils/Regional
Councils and is much more powerful than the
administration envisaged for the Fifth Scheduled Areas,
a major drawback is that there is no democratic set up
below the District level. Presumably this gap was to be
filled by traditional heads. However, there is dissonance
between the traditional and the formal systems, which
is one of the basic reasons for the sub-optimal results
of development efforts. Relations between State
Governments and Autonomous councils are, also, often
not harmonious. Other shortcomings have crept in as
well. The functioning of Autonomous Councils especially
in the Sixth Scheduled Areas have not been subjected
to adequate review and improvements. These aspects
need to be seriously studied.
18.12 The following action will be taken under the
Policy:
(a) The inter-face between the district councils and
the concerned State Governments will be improved,
so that they serve as a functional supportive
constitutional third tier.
(b) Coordination mechanisms between the State
Governments and the Councils will be developed to
ensure a system of checks and balances.
(c) Timely devolution of funds from the State
Government to the Councils will be ensured.
(d) The rich social values of tribal communities
communitarianism, egalitarianism, concern for the
environment, etc. will be continued to be fostered
through the autonomous councils, as examples for
other communities in the country.
Personnel Policy
18.13 Tribal areas, being usually in remote and
inhospitable terrain, are often devoid of facilities like
electricity, safe drinking water, education and health
institutions, sources of entertainment, communications
etc. Government employees are generally reluctant to
work in these areas, seeing them as punishment
postings. A large number of the posts remain vacant
at any point of time. The approach will be to make the
posts attractive through special incentives such as fast
track promotions, lump sum payments, etc. to the
personnel posted in tribal areas and the following action
would be intiated:
(1) Each State Government will identify the specific
critical jobs in education, health, ICDS, agriculture, etc.
which will receive this lump sum payment, which shall
be made on completion of every year of service or a
longer period, on certification by the appropriate
Panchayat body.
(2) To alter the existing pattern of administration,
the new system will be introduced in such a manner
that better services can be obtained from the limited
personnel (e.g. switch from single doctor PHCs to multi-
doctor institutions with better communications;
introduce various services like seed supply, soil testing,
health care, etc at the weekly rural markets, haats or
shandies.)
(3) The Panchayats in tribal areas will be permitted
to hire staff on contract.
(4) In order to ensure compliance of this crucial
personnel policy, flow of central funds to the States would
be linked to filling up of the posts in tribal areas. The
pre-requisite for achieving this would be a good system
of monitoring which will capture the performance of the
States on key indicators.
19. The Regulatory and Protective
Regime
19.1 The regulatory and protective regime and its
implementation would further be strengthened by taking
measures on the following lines:
a) The State excise laws, rules and regulations will
be amended to provide for abolition of liquor vending
in Scheduled Areas and tribal areas, permitting STs
to brew their own liquor for domestic and social
consumption. It would be ensured that the State
Excise Policy is not made applicable to Scheduled
Areas. Womens organizations will be encouraged
to play a big role in weaning STs away from
alcoholism and drug abuse.
b) The provisions of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act 1989
will be implemented strictly.
c) The Land Acquisition Act 1894 will be amended in
conformity with the provisions contained in Section
4 of the PESA Act, 1996. Concerns relating to
rehabilitation and resettlement of displaced persons
will also be addressed.
d) The provisions of the various Central and State Acts
such as Coal Bearing Areas (Acquisition and
Development) Act 1957, National Mineral Policy
1993, States Minerals Concessions Rules, Excise
Act, States Irrigation Acts, Land Revenue Code,
Land Alienation laws/ Regulations, Money-Lending
laws, Regulated Markets laws and rules, etc will
be modified to harmonise with the PESA Act 1996.
e) The Indian Registration Act, a Central Act, will be
amended to prevent invalid registration of transfer
of tribal land to non-tribals. It will, inter alia, require
that the relevant documents shall be accompanied
by an affidavit of the transferee regarding whether
or not the transferee is a member of a Scheduled
Tribe or is a registered society composed solely of
members of Scheduled Tribes.
f) The Inter-State Migrant Workmen Act, Minimum
Wages Acts and other relevant laws will be applied
stringently to ensure humane and lawful working
conditions.
g) The PESA Act is widely reported to have some
provisions which are unworkable. These will be
examined for infirmities and amendments introduced
where necessary to make PESA workable and more
effective.
h) Scheduled Tribes are known for their knowledge
and wisdom of ethnic origin. In addition, their rich
biodiversity is to be protected through a proper
framework of intellectual property rights. Legal
protection to their intellectual property rights would
be provided with institutional arrangements.
i) The system of reservations will be continued and
strengthened through requisite legislation. At the
same time, vigorous steps will be taken to improve
the quality of education given to tribal children and
youth to empower them to compete in the modern
world on equal terms. Alternative affirmative actions
will be explored.
j) As regards jobs in government, while many STs
have benefited by the provisions of reservation, it is
also observed that a small section of the ST
community has cornered most of the jobs. If
reservation is to be a tool to help the under
privileged, it is essential to devise a suitable
mechanism for sub-categorisation so that benefits
can be spread more evenly and equitably. Such
steps are required especially for the PTGs.
k) The State Government will need to ensure that the
reserved vacancies are filled up and release of
central funds may be linked to the steps being
taken by the State Governments to fill up these
posts.
l) The National Commission on Scheduled Tribes
would continue to monitor implementation of
regulatory regime and provide a forum for redressal
of Grievances
20. Scheduling and De-scheduling of
Tribes
20.1 Article 366 (35) of the Constitution of India refers
to the Scheduled Tribes as those communities, which
are scheduled in accordance with Article 332 of the
Constitution. The list of STs is State/UT specific and a
community declared as ST in one State/UT need not
necessarily be scheduled in another State or UT.
20.2 The largest percentage of the countrys
Scheduled Tribes is in the State of Madhya Pradesh
(14.5%) whereas the largest number of STs (62) is in
the State of Orissa. In the States of Arunachal Pradesh,
Meghalaya, Mizoram, Nagaland and UTs of Dadra and
Nagar Haveli and Lakshadweep, more than 50% of the
population belong to Scheduled Tribes and they are thus
the tribal majority States.
20.3 The uniqueness of the Indian system is that
the process of inclusion of a community as ST and its
exclusion from that list, if a community ceases to have
the requisite characteristics, is an ongoing process.
However, adding new communities to the list reduces
the benefits that can go to the existing Scheduled
Tribes, and is, therefore, to be resorted to, only if there
is no room for doubt. There is an increasing clamour
from many communities to get included as Scheduled
Tribes. The proposals being received for inclusion would
be scrutinized to select only the deserving cases that
inadvertently got left out earlier.
20.4 The Lokur Committee evolved certain criteria
for the purpose of determining which communities could
be classified as Scheduled Tribes: These are indications
of primitive traits, distinctive culture, geographical
isolation, shyness of contact with the community at
large and backwardness. The number of communities
classified as Scheduled Tribes as on today is nearly
700. The criteria laid down by the Lokur Committee are
hardly relevant today. For instance, very few tribes can
today be said to possess primitive traits. Other more
accurate criteria need to be fixed.
20.5 There is also a need to simultaneously look at
advances made by various ST communities in the socio-
economic and political arena. The less developed ST
communities often complain of their exclusion by the
more advanced ST communities. Introduction of sub-
categorisation of the existing ST communities would,
therefore, be considered following a due process of
determining their inter-ST status vis--vis the rest, to
ensure that the benefits granted to the STs are evenly
spread to all the ST communities.
20.6 A process of de-scheduling would also be put
in place to exclude those communities who have by
and large caught up with the general population.
Exclusion of the creamy layer among the Scheduled
Tribes from the benefits of reservation has never been
seriously considered. As we move towards, and try to
ensure, greater social justice, it would be necessary to
give this matter more attention and work out an
acceptable system.
20.7 Villages with a tribal majority population
adjoining Scheduled Areas may also be included in
Scheduled Areas and specific pockets of majority of
tribal (ST) population that have been excluded from
Scheduled Areas may be scheduled.
20.8 Nomadic Tribes: There are several Scheduled
Tribes which are nomadic. Though they were not
considered untouchables, they occupied the lowest
positions in social hierarchy. As the nomadic tribes are
constantly on the move, they do not have any single
place or State of domicile. Nor do they traditionally
possess land rights or house titles. As a result, they
are deprived not only of welfare programmes, but also
of citizenship rights, such as ration cards, electoral
identity cards, etc.
20.9 A time bound programme will be initiated for
identification of their needs and development of plans,
to address their problems.
21. Research and Training
21.1 The ST population of the country is not
homogenous. It consists of a diverse group of peoples
whose life styles, customs, practices and languages
differ considerably, not only from that of the general
population but also from one another. The survival of
this diverse tribal culture, ethos and way of life is
increasingly under threat in a liberalized and globalised
economy. Intensive and concurrent research is,
therefore, required, both at macro and micro levels, to
understand the impact of development activities on
tribals, the problems faced, behavioural practices and
patterns, standards of living, coping mechanisms, etc.
so as to provide crucial inputs for framing of the policy.
21.2 Studies on different aspects of tribal culture will
be encouraged and sponsored, inter alia, to understand
the impact of various facets of development on the life
of tribals. Institutions of repute would be involved on a
long term basis to compulsorily provide research inputs
on thematic basis.
21.3 Tribal Research Institutes (TRIs) have been set
up in various States and are engaged in conducting
research and evaluation studies, collection of data,
conduct of training, seminars and workshops,
documentation of customary laws etc. The activities of
the TRIs were intended to subserve tribal development
objectives and help the Central and State Governments
frame apt policies and programmes. The functioning of
TRIs over the years has become routine and has been
constrained by severe financial and administrative
shortages. The TRIs would be strengthened and their
structure and activities revamped for a more focussed
role in the changing scenario, more interaction among
themselves, and with other academic research
institutions.
21.4 The existing museums within the TRIs, will be
upgraded making them more interactive and user
friendly, especially among school children. The
museums would also be linked with other museums
through digitization with appropriate links for easy online
access.
21.5 In order to (a) oversee, coordinate and synergise
the functioning of the TRIs; (b) help the Ministry by
tendering advice on academic and policy matters; and
(c) conduct studies on matters of national importance,
the question of setting up of a National Institute for Tribal
Affairs at the Centre will be considered with the adequate
degree of autonomy and a wide charter of work.
22. Communication Strategy
22.1 The STs live in far-flung areas and, quite often,
outside the reach of modern means of communication.
This results in the STs being deprived of much important
and crucial information regarding development initiatives,
employment programmes, etc. Vested interest groups
often spread dis-information resulting in dis-enchantment
and dissatisfaction with the system. The increasing
trend of violence being witnessed in the Scheduled Areas
makes it all the more necessary to communicate with
STs on a regular basis.
22.2 It will be the endeavour of the Government to
reach the Scheduled Tribes through different kinds of
media, both audio and visual, electronic as well as
traditional modes of communication. For this purpose,
the State Governments and Tribal Research Institutes
would be extensively involved in disseminating
knowledge and experience concerning tribal people and
their areas and publication of literature on studies related
to tribal affairs and allied issues. The more crucial
aspect of policy would be to reach them in their language
and through the media within their easy reach.
22.3 The social gatherings and rural bazaars (Haats)
would be extensively used to disseminate carefully
selected issues/information.
23. Monitoring, Evaluation and Review
Mechanisms
Review of Implementation
23.1 The success of any policy is contingent upon its
effective implementation. The National Tribal Policy 2006
outlines several new and continuing initiatives for
accelerating the pace of welfare and development of
Scheduled Tribes and tribal areas in the country. This
would be possible if the various State/UT Governments,
Central Ministries /Departments and other public agencies
involved in implementation of various initiatives function
in a coordinated and cohesive manner. A periodic review
of implementation of various initiatives/measures outlined
in the policy is therefore essential to ensure accountability
of the different public agencies responsible for
implementation and to reveal the practical difficulties in
implementation.
23.2 An institutionalized mechanism of monitoring
& evaluation would be put in place at the National and
State level and findings would also be placed before the
TAC, etc. Powers would be given to the local
communities to monitor and oversee planning and
implementation of programmes in terms of the provisions
of the PESA Act and mechanisms suitably strengthened
to make the implementation machinery at the grass roots
level accountable to the people.
23.3 The review of the implementation of the National
Tribal Policy 2006 would be undertaken by the Ministry
of Tribal Affairs, once a year, within 3 months from the
close of the previous fiscal year and the findings of the
review would be taken into account for effective
implementation of the policy.
Review of Policy
23.4 The problems and the difficulties being faced by the
Scheduled Tribes and tribal areas in the country, which
are sought to be addressed by the National Tribal Policy
2006, are likely to undergo a change with the passage of
time. The issues which are besetting the Scheduled
Tribes and the tribal areas at present may be resolved to
some extent and new issues and problems may emerge.
It may not therefore be prudent to have an immutable
National Tribal Policy. The policy would need to be
updated every few years in the light of the changed
scenario. Accordingly, the Cabinet Committee on Tribal
Affairs (CCTA) would be requested to undertake a review
of the National Tribal Policy every three years and redefine
the objectives and the guiding principles of the policy if
necessary, and accordingly recast the strategy to
address the new challenges that may emerge.