Context: 

Recently,  The Lok Sabha passed the Constitution Jammu and Kashmir Scheduled Tribes Order Amendment Bill, 2023 to add the Paharis community to the ST list.

Lok Sabha Passes Bill Granting ST Status to Pahari & Paddari in Jammu and Kashmir

• Other communities like Gadda Brahman, the Paddari Tribe, and the Koli communities also added to the ST list of Jammu and Kashmir.
• Lok Sabha also passed another Bill to add the Valmiki community and synonyms to the Scheduled Castes list of the UT

About Scheduled Tribes

• The Constitution of India in Article 366 (25) prescribe that the Scheduled Tribes means such tribal communities as are deemed under Article 342 of the Constitution to be Scheduled Tribes.
  • Article 342: It  prescribes a procedure to identify and list the Schedule Tribes through passing of a Presidential Order through which a list of Scheduled Tribes are notified for each State or Union Territory and are valid only within the jurisdiction of that State or Union Territory and not outside.

• Constitutional Provision For Scheduled Tribes

  • Fifth and Sixth Schedule of Constitution: The  Fifth and Sixth Schedules of the Constitution have special provisions related to the administration and control of such areas declared as “Scheduled Areas” and “Tribal Areas” respectively.
    • Article 244(1): provisions of the Fifth Schedule shall apply to the administration and control of The  Scheduled Areas and Scheduled Tribes in any states other than the four NorthEastern states of Assam, Meghalaya, Tripura and Mizoram. 
    • Article 244(2): the tribal-dominated areas in the above four States of Assam, Meghalaya, Tripura and Mizoram are to be administered separately under the Sixth Schedule
  • Art. 15(4): Special provisions for advancement of other backward classes (which includes STs)
  • Art. 29: Protection of Interests of Minorities (which includes STs);
  • Art. 350: Right to conserve distinct Language, Script or Culture;
  • Art. 350: Instruction in Mother Tongue.
  • Article 243D: Reservation of Seats for Scheduled Tribes in Panchayats.
  • Article 330:  Reservation of seats for Scheduled Tribes in the House of the People.
  • Article 332: Reservation of seats for Scheduled Tribes in Legislative Assemblies of the States.

• Legal Safeguards To Scheduled Tribes

• • Protection of Civil Rights Act, 1955: To prevent discrimination and prescribe punishment for the preaching and practice of Untouchability.
  • Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: To prevent atrocities against the members of SC and ST and provide speedy trials through  Special Courts and relief and rehabilitation of the victims.
  • Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996: To extend the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.
  • Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: To recognize and vest the forest rights and occupation of forest land in forest dwelling scheduled tribes and other traditional forest dwellers.

Process of Addition or Removal into a SC and ST List

• Initiation: The  State or UT  government seeking the addition or exclusion of a particular community from the SC or ST list prepares a proposal. 
• It is then sent to the Union Ministry of Tribal Affairs from the concerned State government.
• Ministry of Tribal Affairs, through its own deliberations, examines the proposal, and forwards  it to the Registrar General of India (RGI).

• The RGI then sends the proposal to the National Commission for Scheduled Castes or National Commission for Scheduled Tribes
• Cabinet: The proposal is sent back to the Union government, which after inter-ministerial deliberations, introduces it in the Cabinet for final approval.
• Bill is Introduced: An Amendment  bill is introduced in the both Houses of Parliament to amend the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950.
• Presidential assent: The bill is passed by the Parliament and the  President’s office issues  a notification specifying the changes under powers vested in it from Articles 341 and 342 to add or remove a community from the SC/ST list.

News Source: The Hindu

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