National Commission for STs presents Sixth Report on the working of safeguards for STs to the President of India

The National Commission for Scheduled Tribes chaired by Dr. Rameshwar Oraon presented the Sixth Report on working of safeguard for Scheduled Tribes for 2010-11 to the President of India.

National Commission for Scheduled Tribes:

The National Commission for Scheduled Tribes came into existence w.e.f.  February 19, 2004 following the amendment of Article 338 of the Constitution of India and introduction of a new Article 338A vide the Constitution ( 89^thAmendment) 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.

As per Article 338A, the National Commission for Scheduled Tribes is mandated 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 suggestions 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. The latest Sixth Report of the Commission for the year 2010-11 is in pursuance to these provisions.

What is in the Sixth Report on working of safeguard for Scheduled Tribes for 2010-11?

Chapters and their Highlights:

• Chapter 1:  ‘Organizational Set-up and Functioning of the Commission’. It highlights some aspects of the Commission’s work and the steps taken for better performance, and recounts the constraints faced by the Commission in performing its tasks effectively.
• Chapter 2:  ‘Service Safeguards’ . It talks about some significant 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: “Drinking Water in Tribal Areas” . It discusses the steps 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: “Critical Issues Concerning Scheduled Tribes”.  It 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).
• Chapter 6: It presents representative cases pertaining to grievances and violation of safeguards of Scheduled Tribes as Case Studies.
• Chapter 6: “Consultation on Policy Related Issues”. It presents the 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.
• Chapter 7: Summary of Recommendations.  In this all the recommendations made in each chapter of this Report are summarised.

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.