Procedure for the Inclusion in the Scheduled Tribes List

An internal government task force had slammed the current procedure and criteria for communities to be included on the ST list.

• Anthropologists suggest shifting from a binary classification (tribe or not a tribe) to assessing a “spectrum of tribalness.”
• The discussion took place at the Indian Anthropology Congress, with participation from the Anthropological Survey of India (AnSI) and the National Commission for Scheduled Tribes (NCST).

Process of Listing of Scheduled Tribe

• State Government Proposal: The State/Union Territory government identifies a community seeking ST status, conducts ethnographic studies, and submits the proposal to the Union Tribal Affairs Ministry, which then forwards it to the Office of the Registrar General of India (ORGI).
  
• Review by the Registrar General of India (RGI): The RGI, under the Ministry of Home Affairs, verifies the claim based on historical, cultural, and anthropological evidence, and if approved, forwards it to the National Commission for Scheduled Tribes (NCST).
  
• Review by the National Commission for Scheduled Tribes (NCST): The NCST evaluates the claim based on socio-economic conditions, cultural distinctiveness, and isolation from mainstream society, and if approved, recommends the inclusion to the Union Government.
  
• Final Approval and Implementation: After concurrence from all institutions, the proposal is sent to the Cabinet for amendment to the Constitution (Scheduled Tribes) Order, 1950.
  • The final decision rests with the President, who issues a notification under Articles 341 and 342.

Criteria for Inclusion in ST List (Lokur Committee, 1965)

• ORGI still follows the Lokur Committee’s criteria, which include:
  • Presence of primitive traits
  • Distinctive culture
  • Geographical isolation
  • Shyness of contact with the wider community
  • Economic backwardness

Status of Scheduled Tribes in India

• The Constitution of India does not define criteria for recognizing Scheduled Tribes.
• As per Census 1931, STs were termed as “backward tribes” living in “Excluded” and “Partially Excluded” areas.
• The Government of India Act, 1935, introduced representation for “backward tribes” in provincial assemblies.

Constitutional Provisions For STs

• Article 366(25): Defines Scheduled Tribes based on Article 342.
• Article 342(1): The President, after consultation with the Governor, may specify the tribes in a State/UT.
• Article 342(2): Parliament can include or exclude communities from the ST list.
• ST List is State/UT specific, meaning a community may be an ST in one state but not in another.
• Fifth Schedule: Provisions for administration and control of Scheduled Areas and STs (except Sixth Schedule states).
• Sixth Schedule: Governs the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Issues Raised Against the Procedure

• Outdated and Rigid Criteria: The Lokur Committee’s 1965 criteria are still followed, despite being outdated.
  • The criteria focus on primitive traits, cultural distinctiveness, isolation, shyness of contact, and backwardness.
• Criticism from Internal Government Task Force (2014): A government task force led by Hrusikesh Panda highlighted flaws in the process:
  • Called it “obsolete,” “condescending,” “dogmatic,” and “rigid.”
  • Described it as “cumbersome” and against affirmative action.
  • Stated that nearly 40 communities faced exclusion or delays in inclusion.

Unfulfilled Proposal for Reform

• In 2014, the Narendra Modi-led Cabinet moved a draft note to revise the procedure and criteria.
  • The proposal remained on hold for eight years and was never implemented.
• In 2022, Tribal Affairs Minister defended the Lokur Committee’s criteria, stating that “tribal societies do not change.”