Understanding India’s Scheduled and Tribal Areas: Governance, Challenges and Provisions

India is home to a variety of tribal communities known as Scheduled Tribes (STs) or Adivasis, each with unique cultures and traditions. To recognize their distinct needs, certain regions with significant tribal populations have been designated as Scheduled Areas under the Fifth and Sixth Schedules of the Indian Constitution. These areas receive special administrative provisions aimed at uplifting the socio-economic conditions of the tribal communities.

Scheduled and Tribal Areas: Legislative and Administrative Insights

Management of Scheduled Areas

• Scheduled and Tribal Areas: India is home to a diverse range of tribal communities, often referred to as Scheduled Tribes (STs) or Adivasis. 
• These tribal communities have distinct cultures, languages, traditions, and lifestyles. 
• The Indian government has identified certain areas with a significant tribal population and classified them as Scheduled and Tribal Areas. 
• These areas are known as Fifth Schedule areas and Sixth Schedule areas and are governed by special provisions mentioned in Article 244 in Part X of the Constitution.
• Special Status of Scheduled Areas: Scheduled areas in the country are treated differently due to their population of socially and economically disadvantaged aboriginal communities. 
• • Special efforts are necessary to uplift their condition, and, as a result, the standard administrative procedures used in the rest of the country are not fully applied to these areas. 
  • The central government bears a greater responsibility for these regions.
• Demographics of Scheduled Areas: Scheduled Areas, constituting 11.3% of India’s total land area, are primarily inhabited by various Scheduled Tribes (ST) communities. 
  • According to the Census of India in 2011, these Scheduled Tribes make up around 8.6% of the entire population of the country.

Criteria for Declaring Scheduled Areas

• The Dhebar Commission established criteria for the declaration of Scheduled Areas:

• • Prominent Tribal Population: When tribal people are in the majority in an area.
  • Compactness and Size: The area should be compact and of reasonable size.
  • Viable Administrative Entity: The area should be a viable administrative unit such as a district, block, or taluk.
  • Economic Backwardness: The area should be economically backward compared to neighboring areas.
• Recommendations of the Bhuria Commission: The Scheduled Areas and Scheduled Tribes Commission (Bhuria Commission) in 2002 recommended considering areas with 40% or more tribal population according to the 1951 Census as Scheduled Areas.
• Jurisdiction Over Scheduled Areas: The Union government has jurisdiction for the management of Scheduled Areas and the welfare of Scheduled Tribes, according to Article 339 of the Indian Constitution.

Key features of Administration in the Scheduled Areas

The Fifth Schedule outlines several key features of administration in these scheduled areas:

• Declaration of Scheduled Areas: The President has the authority to designate an area as a Scheduled Area, with the ability to modify its boundaries, revoke the designation, or make new designations usually after consulting the relevant State’s Governor.

• Executive Powers of State and Centre: While the executive powers of the State extend to scheduled areas, the Governor holds special responsibilities for these regions. 
• Annual Report: The Governor must submit an annual report on their administration to the President. 
• Directive Powers of the Central Government:`The Central government also has the authority to issue directives to the States regarding these areas.
• Tribes Advisory Council: Each State with scheduled areas must establish a Tribes Advisory Council to provide advice on the welfare and progress of the scheduled tribes, usually headed by the Chief Minister. 
  • Composition: This council consists of 20 members, with three-fourths representing the scheduled tribes in the State legislative assembly. 
• Council Formation in Non-Designated Scheduled Areas: A similar council can be established in States with scheduled tribes but not designated scheduled areas, if directed by the President.
• Applicability of Laws in Scheduled Areas: The Governor can direct that specific acts of Parliament or State Legislatures do not apply to a Scheduled Area or apply with defined modifications and exceptions. 
  • The Governor can also create regulations for the peace and governance of scheduled areas in consultation with the Tribes Advisory Council. 
  • These regulations may control land transfers among scheduled tribe members, land allocation to them, and money-lending business concerning them. 
  • In making such Regulations, the Governor may also repeal or amend any applicable laws, but they require the President’s approval.

Tribal Commission 

Constitutional Mandate: The Constitution in Article 339 mandates the President to appoint a commission to evaluate the administration of scheduled areas and the well-being of scheduled tribes in the States. 

• Timeline for Mandatory Commission Evaluation: This appointment can happen anytime but is compulsory after ten years from the Constitution’s commencement. 
• First Commission: U.N. Dhebar (1960): A commission, chaired by U.N. Dhebar, was appointed in 1960 and submitted its report in 1961. 
• Second Commission Formation: Dilip Singh Bhuria (2002): After four decades, the second commission, led by Dilip Singh Bhuria, was established in 2002 and submitted its report in 2004.

PESA and FRA: Democratisation of Tribal Rights through Legislation

Forest Rights Act, 2006, and the Panchayat Extension to Scheduled Areas Act, 1996  are socially enabling legislations that aim at progressive social, political, and economic mainstreaming of the tribals without compromising their traditional way of life. 

• The two legislations have been broadly successful; however, certain shortcomings remain as discussed below: 

1. Panchayat Extension to Scheduled Areas Act: PESA Act, 1996 extends the provisions of Part IX relating to panchayats to the Schedule-V areas with certain modifications.

• Objectives: 

• Ensure self-governance for the bulk of the tribal population. 
• To have village governance with participatory democracy and to make gram Sabha a nucleus of all activities. 
• To safeguard and preserve the traditions and customs of tribal communities. 
• Key role to the Gram Sabha in approving development plans.

• Forest Rights Act, 2006: FRA confers individual and community rights on forest dwellers.
• Objectives: 
  • Provides Community Forest Rights (CFR) titles for management and conservation of forest resources. 
  • Provides land rights to nuclear families, subject to the maximum limit of 2.5 hectares. 
  • Empower Gram Sabha to collect, process, store, and sell Minor Forest Produce (MFP). 
  • Ensures livelihood and food security of the forest dwelling STs and other traditional forest dwellers (FDST/OTFD).

Measures to Strengthen PESA and Forest Rights Act Implementation

• Engagement of Civil Society Organizations: Civil Service Organisations should be engaged in facilitating the implementation of acts on the ground. 
• Accountability of Bureaucracy: Bureaucracy should be made accountable to the local institutions to the extent of implementation of provisions of the acts. 
  • They should involve anthropologists and sociologists to understand 
• Awareness Programs: Intended beneficiaries should be made aware of the provisions of the acts. 
• Periodic Appraisal: Periodic appraisal of the acts should be done in the form of social audits and Legislative Impact Assessments (LIA). 
• Need for Comprehensive Stakeholder Approach: PESA and FR acts have worked to enable the social and economic empowerment of intended beneficiaries, however, there is a need to plug the shortcomings.
  • A comprehensive and stakeholder approach should be adopted to ensure their adequate implementation on the ground.

Concerns Regarding Scheduled Areas

• Exclusion of ST Population: A significant portion, approximately 59% of India’s Scheduled Tribe (ST) population, remains beyond the scope of Article 244. 
  • As a consequence, they are deprived of the legal protections afforded by laws applicable to Scheduled Areas.
• Lack of Viable ST-majority Administrative Units: To address this situation, bureaucratic measures often involve the creation of ST-majority administrative units. 
  • However, this approach has resulted in calls for the denotification of certain areas within Scheduled Areas.
  • These marginalised groups are consequently denied their rights under the laws governing Scheduled Areas, including key legislation like the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of 2013, as well as the Biological Diversity Act of 2002.
• Ineffectiveness of Tribal Advisory Councils: XAXA Committee Points out the ineffectiveness of Tribal Advisory Council as it is dominated by ruling party MLAs. 
  • Reporting Issues: As per them, only in Himachal Pradesh reports by Tribal Advisory Council  were being submitted annually, that too only till 2015. 
  • Limitations of Suo Moto Powers in Tribal Advisory Councils: Tribal Advisory Council can’t take up any matter suo moto, and are with no power of taxation.
  •  Hence they have turned into just a department under State Governments. 

Way forward

Notification of Habitations: As per Idate Committee habitats or clusters of habitations situated outside of Scheduled Areas in all States and Union Territories, where STs constitute the largest social group, should be officially designated as Scheduled Areas. 

• This designation should be irrespective of their geographical contiguity.

• Extension of Geographical Limits: These designated areas should encompass the ‘community forest resource’ areas within forest land as defined by the Forest Rights Act (FRA) of 2006, wherever applicable. 
  • Additionally, the boundaries should extend to the customary boundaries within revenue lands, facilitated through necessary amendments to the relevant State laws.
• Redrawing of Geographic Boundaries: The geographical boundaries of revenue villages, panchayats, talukas, and districts should be redefined to encompass these areas fully as Scheduled Areas. 
  • This approach aims to ensure that ST communities in these regions receive the rights and protections stipulated under Scheduled Area provisions.

Conclusion

Scheduled and Tribal Areas play a crucial role in acknowledging and empowering indigenous populations in India. 

• Despite these efforts, challenges remain in ensuring their rights and well-being. 
• Therefore, it is essential to enhance governance and implementation of laws in these regions to better serve and support the tribal communities living there.

Important Articles on Scheduled and Tribal Areas 

DOWNLOAD PDF