Definition
The term 'Scheduled Tribes' first appeared in the Constitution of India. Article 366 (25) defined scheduled tribes as "such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this constitution". Article 342, which is reproduced below, prescribes procedure to be followed in the matter of specification of scheduled tribes.
Thus, the first specification of Scheduled Tribes in relation to a particular State/ Union Territory is by a notified order of the President, after consultation with the State governments concerned. These orders can be modified subsequently only through an Act of Parliament. The above Article also provides for listing of scheduled tribes State/Union Territory wise and not on an all India basis.
>> The criterion followed for specification of a community, as scheduled tribes are indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness. This criterion is not spelt out in the Constitution but has become well established. It subsumes the definitions contained in 1931Census, the reports of first Backward Classes Commission 1955, the Advisory Committee (Kalelkar), on Revision of SC/ST lists (Lokur Committee),
1965 and the Joint Committee of Parliament on the Scheduled Castes and Scheduled Tribes orders (Amendment) Bill 1967 (Chanda Committee), 1969.
S. No. | Name Of Order | Date Of Notification | Name Of States/ Ut(S) For Which Applicable |
1 | The Constitution (Scheduled Tribes) Order 1950 (C.O.22) | | Andhra Pradesh, Arunanchal Pradsh, Assam, Bihar, Gujarat, Goa, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Orissa, Rajasthan, Tamil Nadu, Tripura And West Bengal. |
2 | The Constitution (Scheduled Tribes) ( | | Daman & Diu, Lakshdweep |
3 | The Constitution (Andaman And | | Andaman And |
4 | The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962 (C.O. 65) | | Dadra & Nagar Haveli |
5 | The Constitution (Uttar Pradesh) Scheduled Tribes Order, 1967 (C.O. 78) | | Uttar Pradesh |
6 | The Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O.88) | | Nagaland |
7 | The Constitution ( | | |
8 | The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989 (C.O. 142) | | Jammu & Kashmir |
(a) | General |
| |
(i) | That the person and his parents actually belong to the community claimed; |
(ii) | That the community is included in the Presidential Order specifying the Scheduled Tribes in relation to the concerned State. |
(iii) | That the person belongs to that State and to the area within that State in respect of which the community has been scheduled. |
(iv) | He may profess any religion. |
(v) | That he should be permanent resident on the date of notification of the Presidential Order applicable in his case. |
(vi) | person who is temporarily away from his permanent place of adobe at the time of the notification of the Presidential order applicable in his case, say for example to earn a living or seek education, etc can also be regarded as a scheduled tribe, if his tribe has been specified in that order in relation to his state/ union territory. But he cannot be treated as such in relation to the place of his temporary residence notwithstanding the fact that the name of his tribe has been scheduled in respect of that are areain any Presidential Order. |
| |
(b) | Scheduled Tribe claims on migration |
(i) |
|
(ii) | Where a person migrates from one state to another, he can claim to belong to a scheduled tribe, only in relation to the State to which he originally belonged and not in respect of the state to which he has migrated. |
| Scheduled Tribe claims through marriages |
Similarly a person who is a member of a schedule tribe would continue to be a member of that scheduled Tribe, even after his or her marriage with a person who does not belong to a Scheduled Tribe. | |
(d) | Issue of Scheduled Tribe Certificates |
| |
|
|
(f) | Liberalization of procedure for the issue of Scheduled Tribe certificates to migrants from other States/ Union Territories. |
Person belonging to Scheduled Tribes, who have migrated from one State to another for the purpose of employment, education etc. experience great difficulty in obtaining tribe certificate from the State from which they have migrated. In order to remove this difficulty, it has been decided that the prescribed authority of a State government/Union Territory Administration may issue the Scheduled Tribe certificate to a person who has migrated from another state, on the production of the genuine certificate issued to his father/ mother's origin except where the prescribed authority feels that detailed inquiry is necessary through the State of origin before issue of the certificate. The certificate will be issued irrespective of whether the tribe in question is scheduled or not in relation to the State/ Union Territory to which the person has migrated. However, they would not be entitled to ST benefits in the migrated State. |
कोई टिप्पणी नहीं:
एक टिप्पणी भेजें