THE STATE OF INDIA’S SCHEDULED AREAS

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THE CONTEXT: Despite persistent demands by Adivasi organisations, villages have been left out in the 10 States with Scheduled Areas and in other States with ST populations. As a result, 59% of India’s STs remain outside the purview of Article 244. In this regard, there is a need to look into the current state of India’s scheduled areas.

WHAT ARE SCHEDULED AREAS AND HOW ARE THEY IDENTIFIED?

• India has 705 Scheduled Tribe (ST) communities making up 8.6% of the country’s population that live in 26 States and six Union Territories.
• Scheduled Areas cover 11.3% of India’s land area, and have been notified in 10 States: Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh.
• Though, Neither the Constitution nor any law provides any criteria to identify Scheduled Areas. Guiding norms for declaring an area as a scheduled area: It is based on the 1961 Dhebar Commission Report:

1. Preponderance of tribal population
2. Compactness and reasonable size of the area
3. A viable administrative entity such as a district, block or taluk
4. Economic backwardness of the area relative to neighbouring areas

• No law prescribes the minimum percentage of STs in such an area nor a cut-off date for its identification.
• Bhuria Committee recognised a hamlet or a group of hamlets managing its own affairs to be the basic unit of self-governance in Scheduled Areas. It also noted that the most resource-rich tribal-inhabited areas have been divided up by administrative boundaries, which led to their isolation and arbitrary politico-administrative decisions in these areas.
• PESA Act resolved this issue and defined a ‘village’ as ordinarily consisting of a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs. All those “whose names are included in the electoral rolls” in such a village constituted the gram sabha.
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 adopted this definition. Here, too, the gram sabhas are the statutory authority to govern the forests under their jurisdiction. As a result, the definition of a village expanded beyond the Scheduled Areas to include forest fringes and forest villages as well.

HOW ARE SCHEDULED AREAS GOVERNED?

• Administration of Scheduled and Tribal Areas is mentioned under Article 244.

1. Article 244(1) provides for the application of Fifth Schedule provisions to Scheduled Areas notified in any State other than Assam, Meghalaya, Tripura, and Mizoram.
2. Article 244(2) provides for application of Sixth Schedule applies to Assam, Meghalaya, Tripura, and Mizoram.

• India’s Scheduled Areas are governed by the President of India.
• Tribal Advisory Council: States with Scheduled Areas need to constitute a Tribal Advisory Council with up to 20 ST members. They will advise the Governor on matters referred to them regarding ST welfare. The Governor will then submit a report every year to the President regarding the administration of Scheduled Areas.

Powers of Governor:

• The national government can give directions to the State regarding the administration of Scheduled Areas.
• The Governor can repeal or amend any law enacted by Parliament and the State Legislative Assembly in its application to the Scheduled Area of that State.
• The Governor can also make regulations for a Scheduled Area, especially to prohibit or restrict the transfer of tribal land by or among members of the STs, and regulate the allotment of land to STs and money-lending to STs.

Panchayats (Extension to Scheduled Areas) Act, 1996:

• It came into existence after a recommendation in 1995. It gives special powers to the Gram Sabhas in Scheduled Areas with an advisory role to state legislatures.
• The main rationale behind the Act is to preserve the tribal population from exploitation and management of natural resources with an active involvement of the Gram Sabha.
• PESA empowered the gram sabhas to exercise substantial authority through direct democracy, and stated that structures “at the higher level do not assume the powers and authority” of the gram sabha.

WHO DECIDES A SCHEDULED AREA?

• The Fifth Schedule confers powers exclusively on the President to declare any area to be a Scheduled Area.
• In 2006, the Supreme Court held that “the identification of Scheduled Areas is an executive function” and that it doesn’t “possess the expertise to scrutinise the empirical basis of the same”.

ISSUES WITH THE IDENTIFICATION OF SCHEDULED AREAS

• Non-implementation of Bhuria Commission: Scheduled Areas and Scheduled Tribes Commission or Bhuria Commission 2002 had recommended that “all revenue villages with 40% and more tribal population according to the 1951 Census may be considered as Scheduled Area on merit”. But this has not been implemented yet.
• Exclusion of villages: Villages have been excluded out in the 10 States with Scheduled Areas and in other States with ST populations. As a result, 59% of India’s STs remain outside the purview of Article 244. Compactness of area in guiding norms of declaration of scheduled areas is that it needs to be in contiguity and if it is not it will be left out.
• Absence of suitable law for demarcation of boundaries: The definition of a village expanded beyond the Scheduled Areas to include forest fringes and forest villages as well. However, gram sabhas are yet to demarcate their traditional or customary boundaries on revenue lands in the absence of a suitable law.
• Denial of rights: Exclusion leads to denial of rights under the laws applicable to Scheduled Areas, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and the Biological Diversity Act 2002.
• Issues in power of Governor: Despite having special power and authority regarding administration of scheduled areas governor has remained powerless except in Maharashtra from 2014 to 2020.

THE WAY FORWARD

• Inclusion of tribal population: There is need for inclusion of tribal by notification of the all habitations or groups of habitations outside Scheduled Areas in all States and Union Territories where STs are the largest social group as Scheduled Areas irrespective of their contiguity. The geographical limits of the revenue village, panchayat, taluka, and district will need to be redrawn in this respect.
• Decentralisation of administration: There is a need for decentralisation of administration by giving power to local governments and communities with formulation of special laws for better governance.
• Conflict Resolution: There is a conflict of natural resource and governance issues in the scheduled areas which needs proper attention and resolution with the help of coordination of stakeholders.
• Strengthening of PESA: There are partial Implementation of PESA in various areas which is leading to administrative hurdles. PESA Act needs to be strengthened for self-governance of the area by giving more autonomy to Gram Sabha.

THE CONCLUSION

Scheduled areas comprises one of the most vulnerable population, which cannot be administered without special attention and suitable laws for administration. Therefore, it is the responsibility of the government to make special efforts needed to improve their condition.

PREVIOUS YEAR QUESTIONS

Q.1 Assess the importance of the Panchayat system in India as a part of local government. Apart from government grants, what sources the Panchayats can look out for financing developmental projects? (2018)

Q.2 In the absence of a well-educated and organized local-level government system, `Panchayats’ and ‘Samitis’ have remained mainly political institutions and not effective instruments of governance. Critically discuss. (2015)

MAINS PRACTICE QUESTIONS

Q.1 What are Scheduled areas and how are they governed? Has the PESA act been enforced in letter and spirit for administrative efficiency in the scheduled areas?

Q.2 The recent exclusion of villages from scheduled areas indicates the loopholes in the laws for the identification of these areas. In this respect, analyse the criteria for identification of scheduled areas and related issues and suggest measures.

SOURCE:https://epaper.thehindu.com/ccidistws/th/th_delhi/issues/55092/OPS/GMMBRU47V.1+GNJBRV1E8.1.html