ST Status to Pseudo Tribal/Non-Tribal will work to subvert the Constitutional Safeguard for the ST people

‘The free Revadi (freebies) culture is very dangerous for the development of the country,’ cautioned PM Narendra Modiji. This culture seems to have manifested in different forms in the political field. Some parties/leaders have often promised ST status to some of the ‘dominant’, ‘prosperous’ groups for political gains ignoring constitutional morality.’ The constitution of India provides special provisions for the empowerment of the scheduled tribes. But the inclusion of a ‘higher’, ‘dominant’, and ‘prosperous’ caste in the ST list for political interest will have an adverse effect upon the genuine ST people. It may work to fail the noble purpose of the constitutional provisions for ST people. 

Article 330 provides reservation of seats for STs in Lok Sabha; article 337 provides reservation of seats for STs in the state legislature; article 243 provides reservation in Panchayats. ST people enjoy service safeguard under article 16(A), 16(4A), 164(B), 335, and 320(40). Article 15(4) lays special provisions for the advancement of other backward classes which includes STs as well. Article 46 says that ‘the state shall promote with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the scheduled caste and the scheduled tribe and shall protect them from social injustice and all forms of exploitation. Article 350 provides the right to conserve distinct language, script or culture. Political misuse of Article 342 in the past regarding the inclusion of certain communities in the list of STs have an adverse effect on genuine ST people. Genuine ST people should be entitled to all rights guaranteed under different provisions of the constitution. Inclusion of a ‘developed’ caste/community in the ST list may work to usurp the rights of the ST people.

Akhil Bharatiya Vanavasi Kalyan Ashram (ABVKA) has expressed its strong commitment to protecting the rights and privileges of the genuine Scheduled Tribe people by passing a resolution in its Kendriya Karkayakari Mandal meeting held on 23rd February 2023 at Ujjain which says that “the criteria and procedure laid down by law should be strictly followed in the inclusion of new castes in the list of Scheduled Tribes (STs).

For inclusion of a community as a Scheduled Tribe under Article 342 of the constitution of India, the Registrar General of India( RGI) and National Commission for Scheduled Tribe( NCST) need to follow the criteria laid down by Lokur Committee, 1965: i) Signs of primitive traits ii) distinct culture iii) geographical isolation iv) Reluctance to contact with wider-other communities and v)  socio-economic backwardness. Violation of these criteria in the past led to the inclusion of some prosperous, dominant communities in the list of scheduled tribes. This worked to violate the legitimate space of the genuine scheduled tribes. Without fulfilling the above-mentioned criteria or sidelining these criteria, how can one be granted ST Status?  Should Political interest be allowed to subvert the legal system? Political parties giving assurance to some of the communities to grant ST status once comes to power without taking cognizance of whether the particular community or communities fulfill(s) the criteria needed to be listed as ST. The use of power to grant ST status to a ‘developed’ community without following the established legal procedures or subversion of the constitutional system will be detrimental to democracy and constitutional values.

Also read: Manipur: Tribal Students' Union strongly opposes ST status demand of Meetei community