Context:

• The inclusion of the Hattee community in Himachal Pradesh’s Scheduled Tribes (ST) list has led to confusion in the Tribal Development Department. 

Hattees Community: A Matter of Identity

• Hattees are uncertain about the identity of the “Hattees” and whether individuals already classified as Scheduled Castes (SC) should be included in this community.
• The Tribal Development Department has written to the Tribal Affairs Ministry seeking clarification on this point.

Hattee Harmony: The Close-Knit Community of Giri and Tons

• The Hattees are a close-knit community who take their name from their traditional occupation of selling home-grown crops, vegetables, meat, and wool at small-town markets known as ‘haats’
• Location of Hattees: Himachal-Uttarakhand border in the basin of the Giri and Tons rivers, both tributaries of the Yamuna

Process for Inclusion in ST List

• The State government makes a recommendation to the Tribal Affairs Ministry.
• The Tribal Affairs Ministry reviews the recommendation and sends it to the Registrar General of India for approval.
• The National Commission for Scheduled Tribes approves the recommendation.
• The Cabinet decides to include the tribe in the ST list.
• The final decision rests with the President’s office issuing a notification specifying the changes under powers vested in it from Articles 342.
• Any community’s inclusion in the Scheduled Tribes becomes effective only after the President assents to a Bill amending the Constitution (Scheduled Tribes) Order, 1950, following its passage by both the Lok Sabha and Rajya Sabha.

Empowering India’s Scheduled Tribes: A Constitutional Perspective

• Population: According to the 2011 Census, the Scheduled Tribes account for 104 million representing 8.6% of the country’s population.
• Definition: Scheduled tribes (STs) in India are socially and economically disadvantaged groups. 
  • According to the Census of 1931, STs were referred to as “backward tribes” living in “Excluded” and “Partially Excluded” areas. 
  • The Government of India Act of 1935 provided for representation of “backward tribes” in provincial assemblies for the first time.
  • The criteria for recognizing STs is not defined in the Constitution of India.
• Constitutional Status: 
• Article 366(25): Article 366(25) of the Constitution outlines the process for defining STs.
  • Article 342(1): After consulting with the state’s governor (if applicable), the President can specify tribes or tribal communities as STs through a public notification.
  • Fifth Schedule: It lays out provisions for administering and controlling Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura, and Mizoram.
  • Sixth Schedule: It deals with the administration of STs in Assam, Meghalaya, Tripura, and Mizoram.

News Source: The Hindu