Manuscript Number : GISRRJ23615

Tribes Impact : Legal and Administrative System

Authors(1) :-Dr. Amulya S. Suman

There are also other anomalies in the process of scheduling such as instances of increasing the communities within the Scheduled Tribes list in the state without simultaneously reserving electoral constituencies for STs. There is also the concern that some tribes classified under the Particularly Vulnerable Tribal Groups (PVTGs) have not yet been notified as Scheduled Tribes, a situation that the NCST has taken up. In recent years, commentators have questioned the established criteria for inclusion as both outdated (since ‘isolated existence’ does not hold true for most communities today, even those living in remote forest areas) and derogatory to tribal groups (the idea of ‘primitivism’ is insulting to tribal culture and identity). Issues pertaining to scheduling criteria and anomalies have been examined in a report submitted by the Task Force set up on February 3, 2014 under the Chairmanship of Dr. Hrusikesh Panda, Secretary, Ministry of Tribal Affairs – and so no more need be said here.

Authors and Affiliations

Dr. Amulya S. Suman
P. G. Department of pol. Sc, Binod Bihari Mahto Koylanchal University, Dhanbad, India

Tribes, Impact, Legal, Administrative, System, NCST, Particularly

  1. Particularly, Part X of the Constitution under which Schedules V & VI were incorporated into the Constitution to provide for particular responsibilities of the state with respect to administration of areas inhabited by the tribal populations; apart from a variety of enabling provisions for the betterment of individuals belonging to tribal communities.
  2. ‘Preamble’ to the Constitution of India (as on 01 January 2001), New Delhi: Lok Sabha Secretariat, n.d., Article 366 Constitution of India, Ibid., Articles 29 (1) & (2). 
  3. Siddiqur Rahman Osmani, ‘An Essay on the Human Rights Approach to Development’ in Arjun Sengupta, et al, eds., Reflections on Right to Development, New Delhi, 2005, p.110.
  4. Declaration on the Right to Development, adopted by General Assembly resolution 41/128 of 4 December 1986, Article 1.
  5. Arjun Sengupta, ‘The Right to Development as a Human Right’, Paper written for the François-Xavier Bagnoud Center for Health and Human Rights, Harvard School of Public Health, 1999, pp. 9. Siddiqur Rahman Osmani, Op. Cit., p.112.
  6. Rajiv Malhotra, ‘Right to Development: Where Are We Today’ in Arjun Sengupta, et al, (eds.), Reflections on Right to Development, New Delhi, 2005, p.145.
  7. Indigenous and Tribal Populations Convention, 1957 (No. 107) adopted by the General Conference of the International LabourOrganisation on 26 June 1957, Article 2.
  8. India’s hesitation in ratifying this Convention is mainly due to the explicit mention of the right to self-determination. India, faced as it is with a variety of violent and non-violent identity movements in the North-east part of the country and Kashmir, is loathe to accept this principle fearing balkanisation of the country on tribal lines.
  9.  Indigenous and Tribal Peoples Convention, 1989 (No. 169) adopted 0n 27 June 1989 by the General Conference of the International LabourOrganisation, Article 2.
  10. Sengupta, ‘The Right to Development ….’, Op. cit., p. 10. Will Kymlicka, “Nation-building and Minority Rights: Comparing West and East” in Journal of Ethnic and Migration Studies, vol. 26, no. 2, April 2000, p. 183.
  11. Stephen May, Tariq Modood& Judith Squires, ‘Ethnicity, Nationalism, and Minority Rights: Charting the Disciplinary Debates’ in Stephen May, Tariq Modood& Judith Squires, eds., Ethnicity, Nationalism and Minority Rights, Cambridge: Cambridge University Press, 2004, p.4. 
  12. Will Kymlicka, Multicultural Citizenship: A Liberal Theory of Minority Rights, Oxford University Press, 1995 as discussed in Ibid., p. 4. This has had a significant impact on the conception of liberal state as well as liberal-democratic politics.

Publication Details

Published in : Volume 6 | Issue 1 | January-February 2023
Date of Publication : 2023-01-30
License:  This work is licensed under a Creative Commons Attribution 4.0 International License.
Page(s) : 15-21
Manuscript Number : GISRRJ23615
Publisher : Technoscience Academy

ISSN : 2582-0095

Cite This Article :

Dr. Amulya S. Suman, "Tribes Impact : Legal and Administrative System", Gyanshauryam, International Scientific Refereed Research Journal (GISRRJ), ISSN : 2582-0095, Volume 6, Issue 1, pp.15-21, January-February.2023
URL : https://gisrrj.com/GISRRJ23615

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