May 17, 2024

Lukmaan IAS

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NHRC ADVOCATES IMPLEMENTATION OF IDATE COMMISSION REPORT FOR NOMADIC TRIBES’ PROTECTION

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TAG: GS 2: POLITY AND GOVERNANCE

THE CONTEXT: The National Human Rights Commission (NHRC) has emphasized the critical need for implementing the Idate Commission report, which recommends the establishment of a permanent commission for Nomadic, Semi-Nomadic, and De-Notified Tribes (NTs, SNTs, and DNTs) in India.

EXPLANATION:

  • The commission’s call for action also includes the repeal of the Habitual Offenders Act, 1952, and the formulation of specific policies for the welfare of these marginalized communities.
  • One of the commission members stressed the importance of changing the colonial mindset that labels De-Notified Tribes as having “criminal tendencies.”
  • The need for proper documentation of their identities to ensure they benefit from welfare schemes and receive basic necessities has been also highlighted.
  • De-Notified communities lacking citizenship documents, leads to challenges in obtaining government benefits and constitutional rights.

Recommendations from the Idate Commission Report:

  • The Idate Commission report suggests several key measures for the protection and empowerment of NTs, SNTs, and DNTs:
    • Establishment of a Permanent Commission:
      • The Idate Commission proposes the creation of a permanent commission dedicated to addressing the unique needs and challenges faced by Nomadic, Semi-Nomadic, and De-Notified Tribes.
    • Repealing the Habitual Offenders Act, 1952:
      • The NHRC stresses the urgency of repealing this act, which has been a source of stigma and discrimination against these communities.
      • Alternatively, it recommends the appointment of a representative from the De-Notified Tribe community as stipulated in the Act.
    • Non-Inclusion under SC/ST/OBC:
      • The report advocates for the non-inclusion of DNTs/NTs/SNTs under the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) categories.
      • It emphasized the need for specific policies tailored to their requirements.

Addressing Stigma and Discrimination:

  • Historical Context:
    • The NHRC acknowledges the historical challenges faced by NTs, SNTs, and DNTs, stemming from enactments like the Criminal Tribes Act, 1872, and the Habitual Offenders Act, 1952.
    • It underscores the necessity to modify discriminatory provisions of the latter.
  • Identifying Challenges and Facilitating Basic Facilities:
    • The NHRC calls for the identification of challenges faced by these communities, particularly in accessing basic facilities such as education, employment, healthcare, and legal documents.
    • It urges the development of measures to mitigate these challenges.
  • Ensuring Representation:
    • The NHRC advocates for the representation of De-Notified tribes in parliament, government institutions, and higher education, with a specific focus on women and children.

Idate Commission

  • The Idate Commission has made a total of 20 recommendations which concern the various ministries and departments.
  • Some of the issues raised by the report with regard to these ministries involve:
    • the repealing of the Habitual Offenders Act (which still results in harassment of the community by the police),
    • provision of PDS cards,
    • special housing schemes for the largely landless community,
    • establishment of a separate academy to preserve their art and culture,
    • special education and health schemes.

Conclusion:

  • The NHRC’s proactive stance on implementing the Idate Commission report and addressing the multifaceted challenges faced by Nomadic, Semi-Nomadic, and De-Notified Tribes reflects a commitment to human rights, social justice, and the eradication of discriminatory practices.
  • The recommendations underscore the need for a comprehensive and inclusive approach to uplift these marginalized communities and ensure their meaningful participation in India’s socio-economic and political landscape.

SOURCE: https://www.thehindu.com/news/national/protection-of-nomadic-tribes-nhrc-stress-on-need-for-implementation-of-the-idate-commission-report/article67757054.ece#:~:text=The%20National%20Human%20Rights%20Commission,%2C%20and%20DNTs)%20in%20India

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