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Government of India
Ministry of Tribal Affairs
25-October-2013 17:50 IST
National Commission for Scheduled Tribes Presents Sixth Report on the Working of Safeguards for Scheduled Tribes to The President

The Chairman of National Commission for Scheduled Tribes Dr. Rameshwar Oraon and Member, Shri B.L. Meena, today presented the Sixth Report on working of safeguard for Scheduled Tribes for 2010-11 to the President of India.

The National Commission for Scheduled Tribes was constituted w.e.f. 19th February, 2004 consequent to the amendment of Article 338 of the Constitution of India and insertion of a new Article 338A vide the Constitution (Eighty-ninth Amendment) Act, 2003 which, inter-alia, enjoins upon the Commission to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution or under any other law for the time being in force or under any other order of the Government and to evaluate the working of such safeguards.

Article 338A of the Constitution, also, mandates the National Commission for Scheduled Tribes to present to the President annually and at such other times as the Commission may deem fit, reports on the working of the safeguards extended to the members of Scheduled Tribes and to make in such reports recommendations as to the measures that should be taken by the Union or any State for effective implementation of those safeguards and other measures for protection, welfare and socio-economic development of the Scheduled Tribes. In pursuance of these provisions, Dr. Rameshwar Oraon, Chairperson and Sh. Bheru Lal Meena, Member of the Commission, met the Hon’ble President of India at 12:45 PM today, the twenty fifth of October, 2013, at Rashtrapati Bhavan, New Delhi and presented to him the Sixth Report of the Commission for the year 2010-11.

The Report comprising seven chapters concludes with a seventh chapter on Summary of Recommendations where all the recommendations made in each chapter of this Report are summarised.

The first Chapter on 'Organizational Set-up and Functioning of the Commission' highlights some aspects of the Commission’s work and the initiatives taken for improved performance, and sets out the constraints faced by the Commission in performing its tasks effectively.

Chapter 2 on 'Service Safeguards' discusses some important aspects on reservation, dereservation of posts and safeguards available to the Members of the Scheduled Tribes for appointment in Government and Government controlled public institutions.

Chapter 3 on “Drinking Water in Tribal Areas” recounts the measures taken in the past and future proposals of the Government for providing tribal villages and habitations in the country with drinking water facilities.

Chapter 4 on “Critical Issues Concerning Scheduled Tribes” reviews issues relating to Revision of lists of Scheduled Tribes, Land acquisition, Land (Sub-Surface) Rights and Land Alienation; Education; access to Health facilities; Tribal Sub Plan (TSP); National Tribal Policy; and the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).

The Commission receives representations pertaining to grievances and violation of safeguards of Scheduled Tribes and these are examined in consultation with the concerned organizations of the Central Government or the State Governments. Thereafter, where considered appropriate, the Commission advises the concerned organization to take corrective measures within a given time frame and apprise the Commission of the action taken. A few representative cases have been discussed in Chapter 5 on Case Studies.

Adherence to Clause 9 of Article 338A of the Constitution which mandates the Union and every State Government to consult the Commission on all major policy matters affecting Scheduled Tribes is presented in Chapter 6 on Consultation on Policy Related Issues.

As per the constitutional provisions, the report of the Commission has to be laid in both houses of the Parliament along with a Memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union. Similar action has to be taken by the State Governments while laying the Report in the Legislative Assembly of the State concerned, in relation to the recommendations concerning the State.

MP;SS:CP: tribal (25.10.2013)