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thrthrthrthrthroughoughoughoughoughResolutions, Recommendations & RepresentationsResolutions, Recommendations & RepresentationsResolutions, Recommendations & RepresentationsResolutions, Recommendations & RepresentationsResolutions, Recommendations & Representations

MASSESM. Subba Rao

2

First Publication : March 2013

Complied by :M. SUBBARAOMasses10-3-18/2/A, Street No. 7,Lane No.4, East MarredpallySecunderabad - 500 026.Andhra Pradesh, IndiaPh: 91 9573553212Email: [email protected]

Printers:Charita Impressions1-9-1126/B, AjamabadHyderabad 500 020Andhra Pradesh, IndiaPh: 040-2767 8411

iThe Social & Political Economies of Femicide in Andhra Pradesh

Dear Subba Rao!This is not a foreword or comment on your book. I shall do that in a

few days. However, some quick remarks for you to think of while waitingfor the response from other experts.

Sorry for delayed response, Couldn’t help it owing to othercommitments and travel. I am now on the way to Mumbai. Night is beautifuland long. I thought of reading your compilation on DNTs. At the outset, Ifelt it is marvellous for bringing together much of the source material onpolitico-legal background of the Denotified tribes. It will be useful to peoplehaving interest in the subject for whatever reason. I find it a ready reckonerfor putting together this material.

Ignorance is bliss, is true in many a sense. Not knowing yourneighbours or not knowing who the citizens that this country is made ofare not a serious flaw on one’s understanding. But it is when that ignoranceis shared abundantly by those who talk of the country and its rich cultureand the need to do something about it without any idea of people whoconstitute about 10 per cent the country’s population. This large section ofpeople has been condemned for generations to a life without identity andhas been alienated from anything that a citizen would be entitled. Sociallythey have been leading lives in poverty, want, anonymity and exclusionand exploitation. It is surprising the messiahs and the movements againstcaste discrimination also failed to recognise the DNTs. The DNTs have beenmarginalised and displaced from caste movements although they have beenforced to continue suffering of the consequences of caste structure. Historyof convenient exclusion of one tenth population of this vast nation requiresattention. Debates on marginality would find scope for comprehensiveunderstanding by bringing the issue of DNTs under the scanner.

Like those in vanvas or in exile, and the wide diversity among them,has resulted in high diversity in their legal status. Some of them have become

ii

part of the STs, SCs, BCs, Muslims, etc. and some of them are having morethan one status across the states. Lambadas in Andhra Pradesh, formerlyDNTs, are not scheduled tribes in other states. The trajectories of socialchange and legal status of DNTs is a major issue of interest for activists,scholars, historians and policy makers

There is also great need to understand the culture and contributionof the DNTs to undo the injustice perpetuated through stigma.

I am glad that I got the opportunity to read this book- ‘UnderstandingDenotified and Nomadic Tribes through Resolutions, Recommendations &Representations’. One cannot but commend both the author, Subba Rao,for his painstaking effort to search for vital sources that provide backgroundto the status of DNTs in the country, and Action Aid for supportingpublication of this information that would go long way in initiating a debateon the question of the DNTs.

I am sure it would have been a great effort not only to collect thematerial but to understand the relevance and the importance of thedocuments presented here. I see the understanding and commitment thatyou have been demonstrating in compilation of this book.

This compilation provides the source of the material, which helps thereader to read further to quench one’s thirst and clarify thoughts that mustbe disturbing or provoking extra reading.

It would have been useful if the sources are mentioned consistentlyfor every note, it is missing in some cases.

Proof reading is needed. There are many errors, which you may checkonce. Andhrapradesh, HABITAT INTERNATIONAL COILATION etc are a fewexamples.

You may think once again whether pictures of the authors or headsof commissions are required along with every section. You may have allpictures in one section separately

More in leisure

Mamidi Bharath BhushanCentre for Action Research & People’s Development (CARPED)

Flat # 305, Landmark Residency,1-2-365/4, Domalguda

Hyderabad - 500 029

iiiThe Social & Political Economies of Femicide in Andhra Pradesh

Nearly 200 social groups (castes), mostly nomadic, were notified bythe British Government as “criminal tribes” through a notorious piece oflegislation called the Criminal Tribes Act, 1871. The rationale behind theAct was the European view that all gypsies are criminals, and following thatlogic, all Indian nomadic communities were also believed to be potentialcriminals. For this reason, there is a large overlap between communitiesthat were declared criminal tribes and those that were nomadic.

The de-notified and nomadic tribes are an integral part of the Indiansociety. Though ethnographic studies have been conducted on some ofthem, it is only recently that they are finding some mention in academicand popular discourses. However, attention is focused mostly on the issueof violation of human rights. This is justifiable considering the frequentinfringement of their rights but other vital concerns also need to be attendedto. The DNTs are not just a neglected section but a complex one as well.Their problems are not only grounded in contemporary reality, but alsodeeply rooted in history. They have suffered injustices at the hands of bothpolity and society but the same are not sufficiently redressed. What is lackingis a comprehensive perspective, which will enable activists, researchers,policy-makers and community leaders to take appropriate action.

I recollect the dynamic personality and who is modern architectureof the Nation, Pandit Jawaharlal Nehru noticed that ‘if any people chooseto think of me than I should like them to say this was the man who with allhis mind and heart loved India and the Indian people. And they in turnwere indulgent to him and gave him their love most abundantly andextravagantly’.

Indian sociologist, Meena Radhakrishna noticed, the law was replacedby a comparable if less draconian measure, the Habitual Offenders Act,and the stigma of criminality lingers. “I would never have imagined thatthe descendants of these communities would be viewed with exactly the

iv

same prejudices. It’s not that they don’t want to be a part of society—theyare not allowed to be.”

This publication may be the first of many pieces of research whichwill help the Government to gather more knowledge, and creative practicalsolutions to the challenges of life patterns of the nomads. This review of somany recommendations of the committees / reports, along with otherforthcoming chapters on the social, economic and legal aspects of nomadiclife, is of vital importance in the development of living strategy that isresponsive to the needs of Indian DNTS.

There are obvious gaps and shortcomings. The author wisely avoidstoo much discussion of the insinuations, reports that produces theknowledge in the first place. This means he does not need to address thecomplexities of the relationship between those who develop the ideas andthose who have to put them into practice. His main thrust is to provide theavailable information to all the field practitioners, out of his 40 years’experience and available documents, which are worthy. The book issignificant contribution to the welfare of Nomadic people.

The complied book entitled ‘Understanding Denotified and NomadicTribes through Resolutions, Recommendations and Representations’complied and brought out by Sri Subba Rao Malli, consists of variousenlightening articles and practitioners with special reference to NomadicDevelopment. The meticulous material contained in this book will be anoutstanding contribution to the movement towards greater understandingof Nomadic Development, steering new prospects in analysing variousproblems in a practical way. I also acknowledge the encouragement of Actionaid, Hyderabad for supporting the Author to compile this book.

Dr. B.S. Vasudeva RaoProfessor (Rtd)

Dept. of Education, Andhra UniversityNational Level Monitor,

Ministry of Rural Development, New Delhi,National Minorities Development & Finance Corporation, Delhi.

[email protected]

4-4-2013 Visakhapatnam

vThe Social & Political Economies of Femicide in Andhra Pradesh

Understanding Denotified and Nomadic Tribes compiledby Sri M. Subba Rao is like ready reckoner that givescomprehensive idea on the subject. He brought variousdocuments together from Kaka Kalelkar Commission onBackward Classes to Balakrishna Renke’s National Committeefor the Denotified, Nomadic and Semi-Nomadic Tribes, 2005.The collection consists of Resolutions; Recommendations &Representations relating to DNTs/NTs would give graphicaccount of the communities which were identified in 1953.Since they were placed part of the Backward Communities theirunique existences have not been recognized enough. Theywere lost sight of the Governments therefore remainedincognito. They remained separate category yet become partof the Other Backward Classes. However their way of life,patterns of eking out and cultural make ups and worldlyperceptions are absolutely much more backward needing tobe treated distinctive. They were adversely affected by theeconomic developments of recent period. No land is easily

vi

available to raise tents or huts; water is not available to drinkas water-bodies are privatized. And food has become scarceas no birds, fish etc., are available freely due to environmentalchanges. The developments impacted them to take up theurban work like masonry, painting, plumbing, rag-picking andeven thievery. The degradation is so much that the most oftheir community names have become abuses in publicparlance. The history of their life in Independent India is ahistory of disrespect to them. I wish the collection would evokeinterest amongst the academics, journalists and policy makersto take note of their plight to rehabilitate them

Dr. Inukonda Thirumali, Ph.DSenior Fellow

Indian Council for Social Science ResearchNew Delhi

viiThe Social & Political Economies of Femicide in Andhra Pradesh

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18 46 3 as a a as a

18 48 2 exceeding.....% exceeding 10%

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68 26 6 Polytechnics, it is, etc.,

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68 27 14 see!: wage employment

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69 28 7 ah opportunity an opportunity

69 30 4 face difficult is face difficulties

69 31 1 may arrar.ge may arrange

70 32 7 DHTs DNTs

70 34 1 jy and large by and large

70 34 4 DNTs heed to be DNTs need to be

70 36 1 DMT Finance DNT Finance

71 38 1 a large number of pursuing

a large number of DNTs are pursuing

viii

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73 40 5 to that so that

74 45 1 DNTs arc also victims DNTs are also victims

74 46 last line

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75 47 4 Hence it is recommended (hat

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75 48 7 police officer a: police officer at

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78 57 2 and nomadic and nomads)

78 58 3 Fin;:nee Finance

80 63 continued

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80 64 3 transfer tie house transfer the house

80 66 last estimated *hat estimated that

81 67 7 nor-agriculturists non-agriculturists

81 67 8 ,ft is suggested ,it is suggested

81 69 3 also lack initiative also lack of initiative

82 71 5 All India Radio schemes being implemented

All India Radio Stations, to be implemented

84 76 10 in the renaming Districts

in the remaining Districts

84 76 11 discriminatory. i-d iniquitous

discriminatory and iniquitous

84 76 13 such examples ha/c been

such examples have been

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3The Social & Political Economies of Femicide in Andhra Pradesh

CompilerCompilerCompilerCompilerCompiler’s Note’s Note’s Note’s Note’s Note

I have learnt that I am from a Denotified and Nomadic Tribe(DNT) from my father before two decades. But then I or my fatherdoesn’t know what exactly a DNT is, he heard the term fromsomewhere and passed on to me. I too didn’t take it seriously, sincemy work among the marine fisher people, dalits and Tribals isoverwhelming and I didn’t have time or necessity to bother.

Over a period of time, identity movements were flooding myhome state and Madiga Reservation Porata Samiti (MRPS) isprominent among them. These movements coupled with somedevastating occurrences in my personnel life prompted me to exploremy roots. But I could find few books or internet postings about theDNTs. Over a period of time I found the DNTRAGS, Ahmadabad andsome of the books written by Maha Swetha Deviviji of Bengal. Outof my fascination I started exploring and came in touch with literatureand like minded people working among the DNTs all over India andabroad.

In my quest for more data and information, Google booksproject helped me to browse through thousands of books depictedDNTs, otherwise I couldn’t know that those books are existing at alland I would have spent a fortune of money and umpteen hours oftime, which are scares in my life.

Nomads and Roma are the familiar words for depicting thenomads in Asia and Europe. Pastoral nomads are the ancient,followed by the hunter gatherer nomads and latest category isPeripatetic nomads, where majority of the nomads are pushed in toand this process of hunter gatherer nomads joining in to the ranksand files of peripatetic nomads is continuing even today. The latest

4

group found in Andhra Pradesh is Raj Gond tribe found in Guntur,Vijayawada and Anathapur in small Numbers.

The term DNTs came in to existence after Kaka KalelkarCommission Report, before that they were called as Criminal Tribes(CTs) by the colonial India. The first censes based on a direct surveyof population took place on 1st January 1853. Nomads wereenumerated as dancer, musician, beggar and vagabond in theclassification of castes during the census of 1871-72.

The literature depicting DNTs is mostly by the some benevolentpersons from among the upper caste or class. DNTs depictingthemselves with empathy are almost nonexistent, except the recentwork of Prof. Bhukya Bhangia, which is limited to the Lambadas ofthe Telengana.

My dream of a book recording all the recommendations,resolutions and representations influencing the lives, living conditionsalong with political and social status of the DNTs, so that to be usedby all the stake holders as a hand book so that to understand theprocess of DNT evolution is being realised through this publication,through the Action Aid, Hyderabad, and I along with my brothersand sisters among the ranks and files of DNTs will be grateful fortheir kind gesture.

M. Subba Rao29-3-13


S.NO. Contents List Page

1. Criminal tribes Acts in India 62. Depressed classes and Dr. B.R Ambedkar 83. Poona Pact 104. The Criminal Tribes Act Enquiry Committee Report 125. The Criminal Tribes Laws (Repeal Act) 1952 206. Kaka Kalelkar Commission Report 227. Modalities for deciding claims for inclusion in,

exclusion in SC, ST’s list 288. The Scheduled Castes And Scheduled

Tribes Lists (Modification) Order 1956 309. A P Tribes Enquiry Committee Recommendations 3210. Efforts made in Various Five year plan periods 3412. Anantha Raman & Other Commissions

Recommendations 3613. A P Backward Classes Commission

Recommendations 3814. Justice Rajendra Sachar Commission Report 4115. Identification of BCs in Muslims of

Andhra Pradesh 4516. Habitat International Collation

working Report 5117. NCDNSNT’s Report (DNT Commission

Recommendations) 2008 5918. Comments of S T Commission on DNT

commission recommendations 8519. NAC recommends inter-ministerial task force

for DNTs empowered 8920. Twelfth Five Year Plan (2012–2017) Social

Inclusion of the DNTs 91

6

Criminal TCriminal TCriminal TCriminal TCriminal Tribes Aribes Aribes Aribes Aribes Acts in Indiacts in Indiacts in Indiacts in Indiacts in India1. Criminal Tribes Act 1871: The main aim of the 1871 Act was

to keep an eye on the activities of the criminal tribes. A constantsurveillance over and vigilance about their activity was planned; butit was not the intention or object of this act to check the nomadismof these people, as that nomadism or moving from one place toanother was not regarded in any way objectionable and harmful bythe society.

It was considered as normal a way of life as is the settlement atsame fixed abode. The aim of the act was to control the crime andhelp the members of criminal tribes to reform and rehabilitate them.This act gave wide-ranging powers to the provincial government.The provincial government were authorized to declare any group ofpeople who were incorrigible criminals a Criminal Tribe. This actprovided for maintenance of register in which the names and otherparticulars of all the adult members of a tribe were written. Further,they were required to register the information about births anddeaths.

Some of them were required to report at regular intervals tothe police station. From time to time a policeman used to take around of their colonies and take roll-call of all the members. The1871 Act had no specific plans for the reform of these people.

In 1879 this act was amended and it was provided for thatgovernment could take the custody of all children of the age 4 andkeep them in governments schools, away from the pollutantatmosphere of the tribe, up to the age of 18. There, however, weremany flaws and loopholes in the Act. Therefore, in the year 1911, itwas replaced by a new Act known as Criminal Tribes Act 1911.

2. Criminal Tribes Act 1911: On account of the lack of successin the control of crime by the criminal tribes and the lack of anyimprovement in the state of affairs in spite of the 1879 amendmentin the Act, the government set up a committee to go into the mattersafresh and review the whole thing from all possible aspects.


In 1902-3 a high powered Police Commission went into thematters in minute details. On the basis of the report submitted bythe commission, the Government of India passed a new Act regardingCriminal Tribes in the year 1911. In accordance with this Act scheduleswere prepared for various criminal tribes and these schedules werecomplete in each respect. In these, there were personal identificationmarks and the thumb impressions of each of the members of theTribe.

This was done with a view to track down the criminals withease. Besides the more notorious members of the tribe were putunder very strict observation; their activities were minutely watched.Besides, government could remove any child of the age 6 or abovefrom the criminal parents and give them education and training ingovernmental institutions. Under this act provincial governmentswere given special instructions for the control of these tribes. Theprovincial governments were given powers to make suitableamendments in the Act in the light of their experiences.

3. Criminal Tribes Act 1924: From many aspects the 1911 actwas defective and contained many loop holes. Basically in aim andintent it was preventive and not corrective. There were virtually noattempts in it to reform and rehabilitate the present criminals. Ofcourse there was provision for taking away children and giving themproper education. But there were practical difficulties here, too.

Therefore the 1911 Act was replaced by a new Act in 1924. The1924 act empowered the provincial governments to declare criminaltribes and prepare a list of their members, having identification markand thumb impression of each member. Besides, a check was puton the migratory instinct of the tribals. They were not to leave theirplace without prior permission of the police. However the mostsignificant part of the 1924 Act was the provision of the reform andrehabilitation of the criminals.

The provincial governments were issued express instruction todraw up elaborate plans to provide relief and rehabilitation to thetribals.

* * *

8

The Indian Constitution:The Indian Constitution:The Indian Constitution:The Indian Constitution:The Indian Constitution:A case study of backwarA case study of backwarA case study of backwarA case study of backwarA case study of backward classesd classesd classesd classesd classesRatna G. Revankar (Page 104)

The definition of the term ‘depressed classes’ was discussed inthe Indian Legislative council as far back as 1916. It was decided inthe Legislative council the term ‘Depressed classes’ should include:(a) Criminal and wandering tribes (b) Aboriginal Tribes and (c)Untouchables.

Sir Henry Sharp, Educational Commissioner, Government ofIndia prepared a list of ‘Depressed’ classes in 1917, in which heincluded: (a) Aboriginal or hill tribes (b) Depressed classes and (c)Criminal Tribes.

Explanation of the term ‘depressed classes’ according to HenrySharp reads “...... the depressed classes from the unclean castes,whose touch, even shadow is pollution. But a wider significance isattached to this expression, so that it includes communities whichthough not absolutely outside of the pile of castes, are backwardand educationally poor and despised and also certain classes ofMuhammadans.

Statement “E” Note By DrStatement “E” Note By DrStatement “E” Note By DrStatement “E” Note By DrStatement “E” Note By Dr. B. R. Ambedkar. B. R. Ambedkar. B. R. Ambedkar. B. R. Ambedkar. B. R. Ambedkar, , , , , Submitted On 1st May 1932 TSubmitted On 1st May 1932 TSubmitted On 1st May 1932 TSubmitted On 1st May 1932 TSubmitted On 1st May 1932 To The Indian Fo The Indian Fo The Indian Fo The Indian Fo The Indian Franchise Committeeranchise Committeeranchise Committeeranchise Committeeranchise Committee

(Lothian Committee) On The Depressed Classes (Extract)(Lothian Committee) On The Depressed Classes (Extract)(Lothian Committee) On The Depressed Classes (Extract)(Lothian Committee) On The Depressed Classes (Extract)(Lothian Committee) On The Depressed Classes (Extract)

I. General1. I have agreed to confine the term depressed classes to

untouchables only. In fact, I have myself sought to exclude from theuntouchables all those in whom there cannot be the sameconsciousness of kind as is shared by those who suffer from the socialdiscrimination that is inherent in the system of untouchability andwho are therefore likely to exploit the untouchables for their ownpurposes. I have also raised no objection to the utilisation of tests

Sir Henry Sharp


7 and 8 referred to in the Committee’s report for the ascertainmentof the untouchable classes. But as I find that different persons seekto apply them in different ways, or put different constructions onthem I feel it necessary to explain my point of view in regard to thismatter.

(iii) The Indian Franchise Committee has adopted two testsfor the classification of untouchables, temple entry and pollutionby touch. The U. P. Provincial Franchise Committee has proceededon the basis of only one test namely causing pollution by touch andthat too in its literal sense and not in its notional sense.

The 1st May 1932 B. R. AMBEDKAR

Dimension of Human Dimension of Human Dimension of Human Dimension of Human Dimension of Human SSSSSociety and Culture,ociety and Culture,ociety and Culture,ociety and Culture,ociety and Culture,Birth of Schedule CastesBirth of Schedule CastesBirth of Schedule CastesBirth of Schedule CastesBirth of Schedule Castes

ByByByByBy Prabodh K. Bhowmick, Manis K Prabodh K. Bhowmick, Manis K Prabodh K. Bhowmick, Manis K Prabodh K. Bhowmick, Manis K Prabodh K. Bhowmick, Manis Kumar Rumar Rumar Rumar Rumar Rahaahaahaahaaha

Indian Franchise Committee 1932 was of opinion “that theterm ‘Depressed classes’ should be applied to only those who areuntouchables” that is, those satisfying the testes of untouchbilitymentioned under heads of the 7 and 8 of the 10 tests of thedisabilities categorised 1911 censes operation, which was found bythe committee to be the generally accepted tests of untouchabilitysuch as: 7. Are denied access to the interior of the ordinary Hindutemples. 8. Cause pollution (a) by touch (b) within a certaindistance. The committee made it clear that its “proposals in regardto the ‘Depressed classes’ should extend to only to those castes,who are included in the above categories.

(Extract)

* * *

10

PPPPPoona Pactoona Pactoona Pactoona Pactoona Pact(Extract)(Extract)(Extract)(Extract)(Extract)

To draft a new Constitution involving self-rule for the nativeIndians, the British invited various leaders for Round TableConferences in 1930-32. Mahatma Gandhi did not attend the firstand last but attended the second of the Conferences. The conceptof separate electorates for the Untouchables was raised by Dr.Ambedkar. Similar provisions were already available for otherminorities, including Muslims, Christians, Anglo-Indians and Sikhs.The British government agreed with Ambedkar’s contention, andBritish Prime Minister Ramsay MacDonald’s Communal Award tothe depressed classes was to be incorporated into the constitutionfor governance of British India. Gandhi strongly opposed it on thegrounds that it would disintegrate Hindu society. He began anindefinite hunger strike at Yerwada Central Jail from September 20,1932 to protest this Award. A compromise was reached onSeptember 24, 1932.

The text uses the term “Depressed Classes” to denoteUntouchables who were later called Scheduled Castes under IndiaAct 1935, and the later Indian Constitution of 1950. TheUntouchables are now popularly known as Dalits.

Following is the text of the pact: 1) there shall be seats reservedfor the Depressed Classes out of general electorate seats in theprovincial legislatures as follows:1. Madras 30; Bombay with Sindh 25; Punjab 8; Bihar and

Orissa 18; Central Provinces 20; Assam 7; Bengal 30; UnitedProvinces 20. Total 148. These figures are based on the PrimeMinister’s (British) decision.

2) Election to these seats shall be by joint electorates subject,however, to the following procedure

3) The representation of the Depressed Classes in the Central


Legislature shall likewise be on the principle of joint electoratesand reserved seats by the method of primary election in themanner provided for in clause above for their representationin the provincial legislatures.

4) In the Central Legislature 18 per cent of the seats allotted tothe general electorate for British India in the said legislatureshall be reserved for the Depressed Classes.

5) The system of primary election to a panel of candidates forelection to the Central and Provincial Legislatures as herein-before mentioned shall come to an end after the first ten years,unless terminated sooner by mutual agreement under theprovision of clause 6 below.

6) The system of representation of Depressed Classes by reservedseats in the Provincial and Central Legislatures as provided forin clauses (1) and (4) shall continue until determined otherwiseby mutual agreement between the communities concerned inthis settlement.

7) The Franchise for the Central and Provincial Legislatures of theDepressed Classes shall be as indicated, in the LothianCommittee Report.

8) There shall be no disabilities attached to any one on the groundof his being a member of the Depressed Classes in regard toany election to local bodies or appointment to the publicservices. Every endeavour shall be made to secure a fairrepresentation of the Depressed Classes in these respects,subject to such educational qualifications as may be laid downfor appointment to the Public Services.

9) In every province out of the educational grant an adequate sumshall be ear-marked for providing educational facilities to themembers of Depressed Classes.

* * *

12

ReportReportReportReportReportThe Criminal TThe Criminal TThe Criminal TThe Criminal TThe Criminal Tribes Aribes Aribes Aribes Aribes Act Enquirct Enquirct Enquirct Enquirct Enquiry Committee (1949-50)y Committee (1949-50)y Committee (1949-50)y Committee (1949-50)y Committee (1949-50)

AAAAAyyangar Ananathsayanam, yyangar Ananathsayanam, yyangar Ananathsayanam, yyangar Ananathsayanam, yyangar Ananathsayanam, ChairmanChairmanChairmanChairmanChairman

Chapter VChapter VChapter VChapter VChapter VIIIII

General1) The main cause of the origin of criminality in the Criminal Tribes

was economic, while social and political changes in the countryalso played an important part (paragraph 108).

2) Given proper opportunities and systematic help, it is neitherimpossible nor even difficult to reclaim the so called CriminalTribes. The problem requires to be tackled from three sides—economic, educational and social (paragraph 170).

Working of the Criminal Tribes Act3) The Criminal Tribes Act, 1924, is in active operation in the States

of the Punjab, the Uttar Pradesh, Bihar, Orissa, West Bengal,Assam, Delhi and Ajmer (paragraph 188).

4) In no Sates, there is a regular system of checking up thenotifications declaring certain tribes as criminal , periodicallyat definite intervals with a view to see the there a particulartribe deserves to be Denotified as a whole or not (paragraph196).

5) There is no uniform it in the States in selecting Criminal Tribesmembers for registration and for applying restrictions to themunder sections, 10 and 11 of the Criminal Tribes Act (paragraph197).

6) It would have been useful if definite period, after whichregistration of a Criminal Tribe member should be cancelled,we fixed in the rules issued under the Criminal Tribes Act bythe States (paragraph 212)

7) The Criminal Tribes Act is worked very harshly in the Sarandistrict (Bihar State) as it is inhuman that registered persons


should be required to give hajr 5 to 6 times during night(paragraph 221).

8) The tented accommodation provided in the ReformatorySettlement at Amritsar, Punjab State, requires to be replacedby suitable building, and there is scope for improving the wagesof the settlers in that settlement (paragraph 241).

9) In Fazalpur Settlement (Uttar Pradesh), it was observed thatundue strictness was shown in registering persons and moreattention was required for satisfactory employment of all theable-bodied people in the settlement and for other welfarework (paragraph 242).

10) Since our visit to the Kanth Settlement (Uttar Pradesh), thesettlers of that settlement have been freed from the restrictionsof the Criminal Tribes Act and the settlement is declared a freecolony from 15th August, 1950. (Paragraph 243).

11) The Kalyanpur Settlement in the Uttar Pradesh appeared to bewell manage and progressive (paragraph 244).

12) Except the Punjab, Bengal (before Partition), Bombay and Delhi(to a limited extent), no States have made any use of section17 of the Criminal Tribes Act. Although we are not in favor ofwholesale removal of the Criminal Tribes children from theirparents, removal of children from their parents in specialcircumstances is desirable (paragraph 259).

13) The institutional life in the Reformatory School, Amritsar,requires to be made more attractive by introduction of moregames and giving more personal liberty to the boys. The systemof releasing boys on probation also requires to be introducedearly (paragraph 260).

14) The welfare activities among the Criminal Tribes in thesettlements and outside have helped them to improve theirgeneral conditions in some of the States (paragraph 262).

15) In the States, where welfare and reformative work has beenwell organized the results appear to be encouraging and it isfound that given equal opportunities the members of those

14

tribes can, fairly compete with other people (paragraph 263)16) The local laws relating to the Criminal Tribes, which are in force

in the Madhya Bharat, Rajasthan, Hyderabad, Vindhya Pradeshand Patiala and East Punjab States’ Union are generally morestringent than the Criminal Tribes Act, 1924 (paragraph 280).

17) In Khusodkhurd village in Madhya Bharat our Sub-Committeeobserved that a blind Criminal Tribes man is still continued tobe on the register and his presence is checked by the Chaukidarevery day in the evening by visit his house. This shows how theCriminal Tribes Act is worked in a mechanical way in this area(paragraph 300).

18) The Rajasthan Government should intensify the reclamationwork among the Criminal Tribes by opening schools in everycolony and providing the Criminal Tribe members more facilitiesfor agriculture (paragraph 311).

19) The men as well as women belonging to the Criminal Tribesare automatically registered on their attaining the age of 15years in the Bhopal State and all the registered persons residingin Sonkatch and Devalkhera colonies have give roll call at leastfour times a day. The women especially are greatlyinconvenienced for the night roll calls taken at mid-night andat 4 a.m. The average area of land allotted to Criminal Tribemembers was also found to be much less than theirrequirements (paragraph 331).

20) The Act has worked more as a preventive and punitive measurethan as a measure of reformation for the Criminal Tribes and ithas been a great handicap even the honest members of thesetribes (paragraph 332).Recommendation for Repeal of the Criminal Tribes Act andReasons for the Repeal

21) The provision in section 3 of the Criminal Tribes Act, 1924, isagainst the spirit of our Constitution. The Act, indirectlysanctions beggar or forced labor which is an offence under theIndian Penal Code and opposed to International Labor


Convention and also Article 23 of the Constitution of India(paragraph 336).

22) There is no legislation in foreign countries comparable to theCriminal tribes Act, 1924 (paragraph 337).

23) Notification issued under section 3 of the Criminal Tribes Act,1924, in the West Punjab (Pakistan) have been withdrawn andexecution of the Act is thus been suspended there (paragraph342).

24) Notifications issued under section 3 of the Criminal Tribes Actdub is whole tribe, gang or class of persons as criminal whileactually only about 2-3 percentage of actual criminals will evenbe lower (paragraph 366)

25) The system of roll call is capable of being used for oppression(paragraph 367).

26) Necessity for a provision like the Criminal Tribes Act has now,disappeared (paragraph 369).

27) The Criminal Tribes Act, 1924, should be replaced by a Centrallegislation applicable to all habitual offenders without anydistinction based on caste, creed or birth and the newly formedStates included in Parts B and C of the First Schedule to theConstitution, which have local laws for the surveillance of theCriminal Tribes, should be advised to replace their laws in thisrespect by the Central legislation for habitual offenders, whenpassed (paragraph 370).

28) The ordinary criminal and police laws are not adequate for thesurveillance and control of the habitual offenders and it isnecessary to have a Central legislation providing for theadequate surveillance and control of the habitual offenders(paragraph 371)

29) There is no necessity to provide for the restrictions of ordinarywandering gangs (paragraph 373 and 374).

30) The State Governments may be advised to use section 501 ofthe Criminal Procedure Code more frequently in case of habitualoffenders on condition that they live in specified settlements

16

for their sentence (paragraph 396).Provisions Recommended for Inclusion in the ProposedRestriction of Habitual Offenders Act.

31) Section 562 of the Criminal Procedure Code should be soamended that in necessary cases the courts could pass ordersof restriction or detention in a settlement for training in craftor industry even on a first offender (paragraph 392).

32) A person who has two convictions for any non-bailable offencesunder Chapters XII, XVI and XVII of the Indian Penal Code, ofthe including an order under section 118 of the CriminalProcedure Code within five years just before the date of issueof the notification, may be notified as habitual offender andon such notification he should be liable to report his residencechange or intended change of, or absence or intended absencefrom his residence and also to allow his finger impressions, tobe recorded (paragraph 394).

33) Section 565 of the Criminal Procedure Code should be suitablyamended so as to empower the courts to order restriction ofor confinement in settlements of persons convicted by themunder the penal law in lieu of part or whole of the sentence ofimprisonment passed against such persons (paragraph 397).

34) The courts should be empowered to order restriction ofmovements to a certain area or detention in a settlement inlieu of an order to furnish accurately under section 118 of theCriminal Procedure Code. A court acting under sub-section 3ofsection 123 of the Criminal Procedure Code or an appellatecourt, acting under section 406 of the Criminal Procedure Code,may also be authorized to pass an order of restriction ordetention in a settlement in lieu of an order requiring a personto give security under section 110 of the Criminal ProcedureCode (paragraph 399)

35) Habitual offenders who have not less than 3 convictions fornon bailable offences under Chapter XII, XVI and XVII of theIndian Penal Code spread over a period of 5 years immediately


before the date on which the new Act comes into force andwho re at present in the settlement may be ordered to bedetained in the settlements for three years by executive orders(paragraph 400).

36) A habitual offender, who is ordered to be detained in asettlement, should be allowed to bring his wife and otherdependants to the settlement but he should be responsible tosee that his dependants obey the settlement rules (paragraph401)

37) When an order of detention in settlement is passed against ahabitual offender the detention should be ordered for aminimum period of two years (paragraph 402)

38) Settlements should be directly managed by Governmentthrough their Welfare or Labor Departments. In no casemanagement of settlements should entrusted to the PoliceDepartment (paragraph 405)

39) There should be a general provision for separation of childrenof habitual offenders from their parents and placing them inresidential schools and children falling under particularcategories should invariably be removed from their parentsand placed in such schools (paragraph 406)

40) Where special laws for the treatment of children are in force,action against the children of habitual offenders should be takenunder such laws as far as possible (paragraph 407)

41) Children should be committed to schools for sufficiently longtime (paragraph 408)

42) No provisions similar to sections, 23, 25, 26 and 27 of theCriminal Tribes Acts, 1924, are necessary in the new Act(paragraph 409)

43) Incidental provisions that may be considered necessary andprovisions for making rules for the proper administration ofthe Act may be made but, unless the breach of rules is for thepurpose of committing offences, the punishment should be light(paragraph 409).

18

Action suggested to Taken Pending the Repeal of the Act.44) The system of automatic registration of members of the

Criminal Tribes, on their attaining a particular age, is neithernecessary nor desirable and pending the repeal of the Act, theexisting power of exempting persons from registration shouldliberally used in the case of all persons other than those whohave been proved guilty of offences or reasonably suspectedof such offences. It is suggested that registration of membersof the Criminal Tribes, who are not convicted of any offencesor reasonably suspected of any offences during the last threeyears, may be cancelled (paragraph 210).

45) Pending the repeal of the Act, the preliminary enquiry underproviso to section 16 of the Criminal Tribes Act should be carriedout by a judicial officer giving adequate opportunity to theCriminal Tribe members, likely to be affected, to urge theirreasons against the proposed interment order (paragraph 238).

46) Pending the repeal of the Act, the administration of the CriminalTribes act, 1924 should be liberalized and no new tribe shouldbe notified as a a Criminal Tribe (paragraph 375).Suggestion for the Amelioration of the Criminal Tribes after theRepeal of the Act

47) Suitable steps for the amelioration of the Criminal Tribes shouldbe taken after the repeal of the Act (paragraph 410).

48) The Central Government should make a liberal contribution notexceeding ….% to the State Governments for the initiation andexecution of the schemes for period of 10 years in the firstinstance (paragraph 411).

Other AspectsOther AspectsOther AspectsOther AspectsOther Aspects410. As stated above, the members of Criminal Tribes have been

laboring under manifold disabilities over a long period. As classthey are socially backward and economically depressed. It istherefore, essential to help them to improve their conditionsand also to see that those who had criminal propensities in the


past but are reformed now, do not revert to crime on the repealof the Criminal Tribes Act. Steps for rehabilitating these peopleshould, therefore, be taken immediately after the repeal of theCriminal Tribes Act. The welfare and reformative work atpresent done in some of the States is not at all adequate andrequires to be intensified. With this object in view, we wouldrecommend, as the first step, a complete survey of theconditions under which these people live, in order to determinethe specific measures that should be adopted. In thisconnection, we are glad to note that immediately after therepeal of the Criminal Tribes act, the Government of Bombayappointed a Committee to organize such a survey and to submitconcrete proposals. While leaving to each State Governmentto formulate their own specific schemes with due regard tolocal conditions for the purpose of implementing the aboverecommendation, we would indicate in a broad way some ofthe objectives which should be kept in view. They are listedbelow :

a. Adequate provision for imparting general education andvocations training both for children and adults ;The membersof these tribes should be eligible for concessions similar to thosegranted to Harijans, Adivasis and other Backward classes:

b. The establishment of co-operative societies of the typesdepending local needs and requirements should be encourage:

c. Organization of Panchayats:d. Employment exchanges should be utilized for securing suitable

employment to employed members of those tribes;e. Care should be taken to settle these people in or near the village

so that their absorption in the society may be accelerated.411. As regards the finances required for implementing the various

welfare recommendations that we have made above, we arenot unaware of the limited resources at the disposal of the StateGovernments. The need for rerclaiming and upraising theseunfortunate sections of our community is even more pressing

20

today more insistent than ever before. So deeply impressedare we with the urgency of the problem that we cannotcontemplate with equanimity the possibility of nothing or verylittle being done in this direction for lack of adequate funds. Itappears to us an inescapable obligation of the CentralGovernment to make itself responsible for ensuring that workon the lines indicated above does not languish because theStates out of their limited resources are unable to shoulderresponsibility for carrying it out on a scale commensurate withthe requirements of the situation. Accordingly, we are of theopinion, that the Union Government should make a liberalcontribution not exceeding 50% to the State Government forthe initiation and execution of such schemes for a period of 10years in the first instance. We are by no means oblivious of themany calls on the Union exchequer, but it should not mean thedenial of the claim of social justice and respect for humandignity, nor should it lead to their being treated as of minorimportance, the execution of which might well postponed tillthe return of better days.1) M. Ananthasayanam Ayyangar, Chairman,2) Venkatesh Narayan Tivary, Member3) J.K. Biswas, Member4) Gurbachan Singh Member5) A.V. Thakkar, Member6) K. Chaliha, Member(Extract)

* * *


THE CRIMANL TRIBES LAWS (REPEAL ACT) 1952NO. XXIV OF 1952 {6th March 1952}

An Act to provide for the repeal of the Criminal Tribes Act 1924,and certain other Laws corresponding there to

BE it enacted by the Parliament as follows:-1. Short Title, Extent and Commencement – (1) This Act called

the Criminal Tribes (Repeal) Act, 19521. It Extends to whole of India Except the State of Jammu

and Kashmir2. It shall come in to force Immediately

2. Repeal of Act VI of 1924 and Corresponding laws: TheCriminal Tribes Act 1924 (VI of 1924) and every other lawcorresponding there to in force in any state or part there ofshall stand repealed on 31st day of August 1952, but the CentralGovernment may, by notification in the official Gazette,declare that the said Act or any corresponding law shall standrepealed in any State or part thereof with effect from anyearlier date.

-Extract-

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22

Kaka KalelkarKaka KalelkarKaka KalelkarKaka KalelkarKaka Kalelkar Commission Commission Commission Commission Commission

The First Backward Classes Commission was setup by a presidential order on 29 January 1953 underthe chairmanship of Kaka Kalelkar, adhering to Article340 of the Constitution of India.

CriteriaFor identifying socially and educationally backward classes, the

commission adopted the following criteria1. Low social position in the traditional caste hierarchy of Hindu

society.2. Lack of general educational advancement among the major

section of a caste or community.3. Inadequate or no representation in government services.4. Inadequate representation in the field of trade, commerce and

industry

Following descriptions was used for classification ofvarious communities as educationally and sociallybackward1. Those who suffer from the stigma of untouchability or near

untouchability. (already classified as SC)2. Those tribes who are not yet sufficiently assimilated in the

general social order. (already classified as ST)3. Those, owing to long neglect, have been driven as community

to crime. (Ex-criminal or Denotified Groups)4. Those nomads who do not enjoy any social respect and who

have no appreciation of a fixed habitat and are given to mimicry,begging, jugglery, dancing, etc.

5. Communities consisting largely of agricultural and landlesslabourers.

6. Communities consisting largely of tenants without occupancy

Kaka Kalelkar


rights and those with insecure land tenure.7. Communities consisting of a large percentage of small land

owners with uneconomic holdings.8. Communities engaged in cattle breeding, sheep breeding or

fishing on a small scale.9. Artisans and occupational classes without security of

employment and whose traditional occupations have ceasedto be remunerative.

10. Communities, the majority of whose people do not havesufficient education and, therefore, have not secured adequaterepresentation in government services.

11. Social groups among the Muslims, Christians and Sikhs whoare still backward socially and educationally.

12. Communities occupying low position in social hierarchy.Recommendations

The commission submitted its report on 30 March 1955. It hadprepared a list of 2,399 backward castes or communities for theentire country and of which 837 (* starred communities) had beenclassified as the ‘most backward’ some of the most noteworthyrecommendations of the commission were:1. Undertaking caste-wise enumeration of population in the

census of 1961.2. Relating social backwardness of a class to its low position in

the traditional caste hierarchy of Hindu society,3. Treating all women as a class as ‘backward’;4. Reservation of 70 per cent seats in all technical and professional

institutions for qualified students of backward classes.5. That special economic measures be taken to uplift the OBCs

economically through such programmes as extensive landreforms, reorganization of village economy, Bhoodanmovement, development of livestock, dairy farming, cattleinsurance, bee-keeping, piggery, fisheries, development of ruralhousing, public health and rural water supply, adult literacyprogramme, etc.; and

24

6. Minimum reservation of vacancies in all government servicesand local bodies for other backward classes on the followingscale: class I = 25 per cent; class II = 33½ per cent; class III andIV = 40 per cent.

Kaka Kalelkar, the Chairman, took a rather equivocal stand onthe issue, though he did not record a formal minutes of dissent, inhis forwarding letter to the President he opposed somerecommendations made by the commission

Observations in the ReportThe commission’s observations1. The commission observed that although untouchability or tribal

character may not be found, the backwardness persists, thetribal people found anywhere in the state should be broughtunder the list and a uniform policy must be followed throughoutIndia in the interest of the advancement of these classesotherwise it will amount to setting a premium on theirremaining within certain areas. It would be invidious to singleout sections of the community or areas of modernization andto deprive people of help on that score. Let the wholecommunity get modernized. The whole state should be oneunit and the help offered to the tribal people must be given tothem irrespective of their shifting from one area to another inthe state.

2. The privileged classes must voluntarily renounce their privilegesand their claims to social superiority and must workwholeheartedly for the eradication of social evils.

3. The ultimate solution seems to be that all production anddistribution should be on a socialistic basis and that peopleshould be encouraged to establish the necessary moral basisand to train themselves for the changeover.

4. In India, economic backwardness is often the result and notthe cause of social evils.


5. In the final analysis, I stand for a social order in which neitherreligion nor political powers are organized to control thedestinies of humanity. Just as we stand for a secular democracy,I stand for a non-political social order based on mutual love,trust, respect and service. But, this has nothing to do with theuniversal adult franchise which I accept whole-heartedly.

6. According to the terms of reference to the commission, we wereasked to consider whether any sections of the people of theterritory of India, in addition to the Scheduled Castes and theScheduled Tribes, should be treated as socially and educationallybackward classes. The word specifically used are classes andsections of the people and not castes; and yet, as explained inthe body of the report the word ‘sections and classes’ can inthe present context mean nothing but castes, and no otherinterpretation is feasible. It must be admitted, however, that,taking the wording of terms of reference, we are not precludedfrom interpreting the words ‘sections and classes of the people’in their widest significance even excluding the idea of caste.We feel we were justified in accepting the traditionalinterpretation. We were warned by well-wishers of the countrythat investigations into caste may encourage people to be caste-conscious, and thus increase the atmosphere of communalism.Following the analogy if the proverb, viz. ‘using the thorn toremove a thorn’, we held that the evils of caste could beremoved by measures which could be considered in terms ofcaste alone.

7. We have in our Report, given a list of backward classes and puta star (*) against those communities which are extremelybackward and are leading a sub-human existence (e.g. The Classof Shepherd Community i.e. Dhangar / Hatkar / Hatgar / Gadri/ Gadaria / Kurmar / Mirdha / Bharwad (Sr.No.27 Vol II, pg 66)(Their condition is far from satisfactory (Vol I pg. 76-77) (Foundin Bombay, Hyderabad, Madhya Pradesh (Now Maharashtra,A.P., M.P. Gujarat). Those communities generally live in rural

26

areas, and are mostly victims of the domination of the privilegedand dominant communities. It should be an irony and a mockeryof justice to allow such dominant communities to claim to bethe natural leaders of these starred communities who are thevictims of their domination.

8. It can be safely said that those who possess large tracts of land;those who have enough money to lend, those who have brainsto create quarrels and factions amongst the people, and thosewho have the tradition of wielding governmental power, areall dominant people in the rural areas. I did not succeed in theeffort of classifying the backward classes because I could notcarry conviction to my colleagues that these dominantcommunities must be segregated if the victims of dominationhave to be saved.

9. Who then are the backward people? Evidently those who donot command adequate and sufficient representation ingovernment service, those who do not command large amountof natural resources like land, money and industrialundertakings; those who live in ill-ventilated houses; those whoare nomadic; those who live by begging and otherunwholesome means; those who are agricultural labourers orthose who practice un- remunerative occupations without anymeans to enter better paying professions; and those who onaccount of poverty, ignorance and other social disabilities areunable to educate themselves or produce sufficient leadership,are all backward. The communities, classes or social groups whooccupy an inferior social position in relation to the upper castesand who also answer the above description, naturally comeunder the category of other backward classes.

10. It is therefore, essential that no dominating community shouldbe allowed to claim to be the protectors of the weaker sections.It is only the good men from every community, men who areimbued with a sense of social justice, who can forget casteprejudices, are prepared to surrender their privileges and who


can combine to usher in a new era of social justice and universalfamily hood, that can be natural leaders and protectors of thehelpless, mute and suffering masses. It is much better if newcommunities are allowed to try their hands at leadership. Onlythose like Nehru, are above communal considerations and evennationalistic considerations, should be allowed, to formulatethe policy of the nation. It is no use challenging the leadershipof the best in the land by searching out the community to whichthey belong, and then accusing them that they aremonopolizing leadership for the upper classes. All monopolymust be broken even of it is fully justified and opportunities forservice must be assured to all sections of the population.

11. He has given the history of reservations and political leadershipin India.

Scheduled Caste and Scheduled Tribes

This commission also examined the existing list of ScheduleCaste and Schedule Tribes and recommended certain additions toand deletions from, these lists. These recommendations were dulyexamined in consultation with the State Governments, theCommissioner of the Schedule Tribes and the Deputy RegistrarGeneral, and the Government accepted these recommendations bypassing The Scheduled Caste and Scheduled Tribes Orders(Amendment) Act, 1956. (Act LXIII of 1956).

Other Backward ClassBut this report was partly rejected by the Central government

on the ground that it had not applied any objective tests foridentifying the Backward Class. Thus there was a need of secondbackward classes Commission.

* * *

28

Modalities for deciding claims for inclusion in, eModalities for deciding claims for inclusion in, eModalities for deciding claims for inclusion in, eModalities for deciding claims for inclusion in, eModalities for deciding claims for inclusion in, exxxxxclusionclusionclusionclusionclusionfrfrfrfrfrom and other modifications in the Orom and other modifications in the Orom and other modifications in the Orom and other modifications in the Orom and other modifications in the Orders specifders specifders specifders specifders specifyingyingyingyingying

Scheduled Castes and Scheduled TScheduled Castes and Scheduled TScheduled Castes and Scheduled TScheduled Castes and Scheduled TScheduled Castes and Scheduled Tribes listsribes listsribes listsribes listsribes listsThe proposals are required to be processed as indicated below

(a) Cases favoured by both the State Governments and theRegistrar General of India (RGI) in their most recent reportswould be referred to the National Commission for ScheduledCastes and Scheduled Tribes for their opinion. They would beforwarded to the Commission individually or in batches, as maybe practicable, along with the comments of the StateGovernments and the RGI as well as any relevant material/information furnished by them or by representations.

(b) Some issues concern not one but several States e.g. the statusof SC/ST migrants. These would also be referred to the NationalCommission if the RGI and majority of concerned States havesupported modification.

(c) It may be suggested to the Commission that, while examiningthe above cases, they should associate, through panels or othermeans, expert individuals, organizations and institutions in thefields of anthropology, ethnography and other social sciences,in addition to the State Governments, RGI and theAnthropological Survey of India, on regional basis. They mayalso consider holding public hearings in areas relevant to theclaims under examination. These guidelines cannot be bindingon the Commission, but may be suggested in the interest offuller examination of the cases. The Commission would also berequested to give priority to cases in which the Courts havegiven directives regarding decision within a stipulated timeperiod. (In such cases, extension of time would be sought fromthe courts where necessary, citing these modalities for thedetermination of claims). Such cases would be separatelyprocessed and sent for earlier decision.


(d) Amending legislation would be proposed to the Cabinet in allcases in which the National Commission, RGI as well as the StateGovernments have favoured modification. Those cases withwhich the State Governments and the RGI are in agreement,but which the Commission have not supported, would berejected at the level of Minister for Social Justice andEmpowerment.

(e) Claims for inclusion, exclusion or other modifications thatneither the RGI nor the concerned State Governments havesupported would not be referred to the National Commission.These would be rejected at the level of the Minister for SocialJustice and Empowerment.

(f) In case of claims recommended by the concerned StateGovernments/Union Territory Administrations, but not agreedto by the Registrar General of India, the concerned StateGovernment/Union Territory Administration would be askedto review and further justify their recommendations in the lightof RGI. On receipt of the further clarification from the StateGovernment/Union Territory Administration, the proposalwould be referred to the RGI for comments. In such cases, wherethe RGI does not agree to the point of view of the StateGovernment/Union Territory Administration on a secondreference, the Government of India may consider rejection ofthe said proposal.

(g) Claims in respect of which the comments of either the RGI orthe State Government or of both are awaited would remainunder consideration until their views are received. Thereafter,they would be dealt with in accordance with the modalities at(a) to (f) above.

(h) Claims recommended suo-moto by the National Commissionwould be referred to RGI and the State Governments.Depending on their responses, they would be disposed of inaccordance with the modalities at (d) to (f) as may be applicable.

* * *

30

Gazette of India ExtraordinaryPart –II section -3

PUBLISHED BY AUTHORITYNO.316 A, NEW DELHI, OCTOBER 29, 1956

MINISTRY OF HOME AFFARISNOTIFICATION

New Delhi the 29th October 1956SRO 2477 A the following order is made by president is

published for General InformationTHE SCHEDULED CASTES AND SCHEDULED TRIBES LISTS

(MODIFICATION) ORDER 1956Schedule-III

See Paragraph 3 (1)Modification to the Constitution (Schedules Tribes) order 1950

1. In paragraph 2, for ‘Parts I to XIV’ substitute ‘Part I to XVII’2. For paragraph 3, substitute:- “3 Any reference in this order to

a state or to a district or any other territorial division constitutedas from the first day of November 1956“

3. For the schedule, Substitute:- THE SHEDULE

PART-I ANDHRA PRADESH1. Throughout the state

1. Chenchu or Chenchuvar2. Koya or Goud with its sub castes Rajah or Rasha koyas,

Ligadhari Koyas (ordinary) kottu koyas.2. Throughout the state except Hyderabad, Mahabub Nagar,

Adilabad, Medak, Nizamabad, Karim Nagar, Khammam andNalgonda districts.1. Bagata2. Gadaba3. Jatapu4. Kammara5. Kattu nayakan6. Konda Dora

Thakkar Bapa


7. Konda Kapu8. Konda reddy9. Kondhs (Kodi, Kondhu, Dseaya kondhs, Dongriya kondhs,

Kuttiya Kondhs, Tikiria kondhs, Yenity kondhs10. Kotiya, Bentho oriya, Bartika,Dhulia, Dulia, Holva, Paiko,

Putiya, Sanrona, Sidho paiko11. Kulia12. Mali13. Manna Dhora14. Mukha Dora or Nooka Dora15. Poraja (Paringe Peraja)16. Reddi Dora17. Rona /Rena18. Savara, Kapu savaras, Maliya Savara or Khutto Savaras19. Sugali (Lambadas)20. Yanadies21. Yerukalas

3. In the Districts of Hyderabad, Mahaboob Nagar, Adilabad,Nizamabad, Medak, Karim Nagar, Warangal, Khammam andNalgonda:-1. Andh2. Bhil3. Gond ( Including Naikpod and Rajgond)4. Hill Reddis5. Kolam (Including Mannervarlu)6. Pardhan7. Thoti

3. In the Agency tracts:-1. Goudu (Goud)2. Nayaks3. Valmiki

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32

Andhrapradesh TAndhrapradesh TAndhrapradesh TAndhrapradesh TAndhrapradesh Tribes Enquirribes Enquirribes Enquirribes Enquirribes Enquiry Committeey Committeey Committeey Committeey CommitteeVVVVVolume-1, 1961-1963olume-1, 1961-1963olume-1, 1961-1963olume-1, 1961-1963olume-1, 1961-1963

Education (S.a) Department, A.Education (S.a) Department, A.Education (S.a) Department, A.Education (S.a) Department, A.Education (S.a) Department, A.PPPPP., Hyderabd,., Hyderabd,., Hyderabd,., Hyderabd,., Hyderabd,ChapterChapterChapterChapterChapter- - - - - XIXXIXXIXXIXXIX

SummerSummerSummerSummerSummery Of Report And Recommendationsy Of Report And Recommendationsy Of Report And Recommendationsy Of Report And Recommendationsy Of Report And Recommendations

1. The Committee recommends that the Yerukalas, Yanadies andLambadas (Banjaras or Sugali) in the Telengana region may beincluded in the list of Scheduled Tribes for the reason that theircounterparts in the Andhra region were already included in thelist of scheduled Tribes and that they bear the same features,living under the same conditions as detailed in the earlierparagraphs.

2. The committee also recommends that the followingcommunities who have been classified in the three categoriesviz., (i) those who live in the forest area (ii) those who are livingas nomads (iii) those who pursue primitive traditions, customsand habits although settled in the plains may be included inthe list of Scheduled Tribes in view of their living conditions asdetailed in the earlier paragraphs.Primitive Tribes: 1.Pamulas 2. Katipapala (Sudagadu sidha) 3.

Paluku Muggulas (Parike Muggulas) 4. Nakkalas 5. Mondi or Banda6. Pitchiguntlas.

Nomadic Tribes: 1. Dommaras, 2. Mandulas, 3. Budabukkalas,4. Girikalas, 5. Rajamallus, 6. Balsanthosha (Bahurupa, Sarada vandluor Balsanthu), 7. Dasari, 8. Garadi, 9. Peddinti Gollas, 10. Irulas ofChittoor district, 11. Sickligars, 12. Pusalas, 13. Villians of Chittoordistrict.

Forest Tribes: NirshikarisChairman & Convener : V. RaghavaiahMembers : N. Yagananti, S. Tirupathi, S.Nagappa, D. HanumanthaRao, M. Kasiram, Bokye Ramanarao

* * *

V. Raghavaiah


Scheduled castes, scheduled Tribes Orders (Act 63) AmendmentTHE SCHEDULED CASTES SCHEDULED TRIBES ORDERS

(AMNEDMENTS) ACT, 1956To provide for the inclusion in and exclusion from the lists of the

Scheduled Tribes, of certain castes and Tribes and mattersconnected there with. (25th September 1956) SCHEDULE-III, See

Section 4 (1) Insert PART-I ANDHRA1. Through out the state

1. Bagata2. Chenchu3. Gdaba4. Jatapu5. Kammara6. Kattu nayakan7. Konda Dora8. Konda kapu9. Konda reddi10. Kondhs (Kodi, Kondhu, Dseaya kondhs, Dongriya kondhs,

Kuttiya Kondhs, Tikiria kondhs, Yenity kondhs11. Kotiya, Bentho oriya, Bartika,Dhulia, Dulia, Holva, Paiko,

Putiya, Sanrona, Sidho paiko12. Koya or Goud with its sub castes Rajah or Rasha koyas,

Ligadhari Koyas (ordinary) kotta koyas,13. Kulia14. Mali15. Manna Dora16. Mukha Dora or Nooka Dora17. Porja (parengi porja)18. Reddi Dora19. Rona/ Rena20. Savara, Kapu savaras, Maliya Savara or Khutto Savaras21. Sugali (Lambadas)22. Yanadies23. Yerukalas

2. In the Agency Tracts :-1. Goudu, 2. Nayakas, 3. Valmiki

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34

Efforts Made for Rehabilitation of DNTEfforts Made for Rehabilitation of DNTEfforts Made for Rehabilitation of DNTEfforts Made for Rehabilitation of DNTEfforts Made for Rehabilitation of DNTsssssIn VIn VIn VIn VIn Various Five-arious Five-arious Five-arious Five-arious Five-YYYYYear Plan Pear Plan Pear Plan Pear Plan Pear Plan Periodseriodseriodseriodseriods

During First Five Year Plan to Fourth Five year Plan, efforts weremade to set up settlements and colonies for DNTs. Assistance forhouse construction, sinking of wells and agriculture developmentwas provided. Cooperatives were organized and Industrial Centersset up. Educational centers, schools, Sanskar Kendras, Balwadis andAshram schools were established for the children and scholarshipwas disbursed to school going students of DNT communities.

Approach for their development was changed from surveillanceand punishment to correction, rehabilitation and assimilation intothe wider community. Role of voluntary workers and organizationswere recognized. Correctional-cum-welfare approach was supportedby schemes of general education, social education, economic upliftand housing. With the introduction of the strategy of Tribal Sub-Plan and Special Component Plan for Scheduled Castes, it wasenvisaged that development of DNTs, where they are STs sould betaken care of by the TSP strategy and those DNTs who are SCs woulddraw benefit out of SCP. Left out DNTs would get support fromrespective State Plans and also out of 10% of SCA given to each SCPState (for sweepers and scavengers. Bonded Laborers and DNTs.

Working Group Report on Development of Scheduled Castesduring 8th Five Year Plan Following recommendations were madefor DNTs by the working Group on the development of ScheduledCasts:

(1) Enumeration of Denotified, Nomadic and Semi-Nomadic groupsin the census.

(2) The program for the development of Denotified, Nomadic andSemi-Nomadic Communities should be group-orientedaddressed to the problems identified for each specific group.


(3) The programs for Denotified, Nomadic and Semi-Nomadiccommunities should be “comprehensive in coverage. Coveringall aspects of their social and economic life should be outsideits ambit.

(4) In the case of Denotified communities it will be necessary toimmunize them from harassment on mere suspicion. Instanthelp in distress should be built into the program, In the case ofNomadic and Semi-Nomadic communities, their adjustment tothe new economic forces and provision of social services shouldbe given priority.

(5) Ashram-type schools may be set up for these groups. Theseschools should also have vocational training programs.

(6) There should be a Centrally Sponsored Scheme for thedevelopment of these groups at the Central level.

(7) Voluntary organizations may be involved in the welfare ofNomadic/Semi-Nomadic and Denotified groups. Land may beallotted to these groups for cultivation.

(8) It was noted that the police was not helpful to these groups.Therefore police administration should be involved in theadministration of these groups actively.

(9) The various programs for the rehabilitation of these groupsshould be taken in an integrated manner and Special CentralAssistance provided for these purposes. The program must bereviewed and maintained regularly.

(10) There should be close co-ordination between the HomeDepartment and the Welfare Department at the state level.(Page: 144).

(Extract)

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36

Anantha RAnantha RAnantha RAnantha RAnantha Raman & Other Commissions Recommendationsaman & Other Commissions Recommendationsaman & Other Commissions Recommendationsaman & Other Commissions Recommendationsaman & Other Commissions RecommendationsOn 12-4-1968 the Government of Andhra Pradesh appointed a

Commission in G.O. No. 870, to determine the criteria to be adoptedin considering whether any sections of citizens of India in the Stateof Andhra Pradesh are to be treated as socially and educationallyBack ward classes and to prepare a list of such Backward classes inaccordance with the criteria evolved by it. This Commission may bereferred to as “Anantha Raman Commission” The commission is alsoasked to investigate the conditions of socially and educationallyBackward classes and the difficulties under which they labour andto make recommendations as to the special provision which may bemade by the Government for their advancement and for promotionof their educational and economic interests generally with particularreference to reservation in educational institutions, Concessions tobe given, reservations in services and proportion of such reservations.

The commission drew up a list of 93 classes designated associally and educationally backward and recommended a reservationof 30% of seats in professional colleges, and a similar percentage ofposts in government services. The Report along withrecommendations submitted on 20-6-1970.

The 93 classes identified by the commission were again dividedin to four groups, viz., A, B, C, D and inter se division of seats specified.It was recommended that reservations shall be in force for a periodof ten years in the first instance, and that the position shall bereviewed thereafter.

This report was placed before the State legislature andgovernment accepted recommendations and issued G.O. M.S No.1793 dtd 23-9-1970. However the reservation quota limited to 25%(instead of recommended 30%) in the educational institutions andservices.

Validity of G O MS No.1793 dtd 23-9-1970 was challengedbefore the court and the same was struck down by a Division benchagain on the ground, that caste was treated as the main basis forspecifying the Back ward classes. Government argued that, if the


entire cast is as a fact found to be socially and educationally backwardtheir inclusion in the list of Back ward classes by their caste name isnot volatile of Article 15 (4)....

Anantha Raman Commission adopted the following criteria:i. General Poverty of the class or community as a whole. ii.

Occupations pursued, nature of which must be inferior or unclean,or un dignified or un remunerative or one does not carry influenceor power. iii. Castes in relation to Hindus and iv. Educational backwardness.

93 groups of Back ward classes were sub divided in to four subgroups. Sub group ‘A’ comprised of 38 communities Aboriginal Tribes,Vimukta Jatis, Nomadic, and Semi Nomadic tribes etc., Sub group Bconsists of 21 Vocational groups. Subgroup C is with the Harijanconverts and 33 communities were placed in the Sub group D. The25% quota was divided among them in the proportion of 7% for A;10% for B; 1% for C and 7% for D respectively in the Education andServices. Government agreed with Recommendations and in futurecenses enumeration should be cast wise and recommended to theGovernment of India accordingly. But the Government of Indiarefused to agree this recommendation for caste basis enumeration.

In 1978 Government of India appointed Mandal Commission,for the same purpose as Kalelkar Commission, which submittedReport in December 1980. However government of India neitheraccepted nor given direction to the state governments as per theArticle 340 of the constitution of India. The Chief Minister was ofthe opinion that a finance corporation for the minorities should beestablished on the same lines as the BC Finance Corporation.However Law department and Advocate General opined that it isnot feasible. A note was put up that 45 Nomadic communities havebeen identified in the government Memo No. 481/P2/84-2, dtd 16-6-1984, and seeking instructions to include in the B Cs. This file wasdirected to be circulated to the Chief Minister through the ChiefSecretary. This note was approved by the C M on 16-685.

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38

The Andhra Pradesh BackwarThe Andhra Pradesh BackwarThe Andhra Pradesh BackwarThe Andhra Pradesh BackwarThe Andhra Pradesh Backward Classes Comissiond Classes Comissiond Classes Comissiond Classes Comissiond Classes ComissionThe Government of Andhra Pradesh by G.O Ms. No. 870

education dated 12th April 1968 (Appendix I) appointed a Commissionof enquiry under the Chairmanship of Sri. Manohar Pershad, Ex-ChiefJustice Andhra Pradesh, High court

CHAPTER VIILIST OF SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES

Aboriginal TribesThe Director, Tribal Welfare, in his letter No. D. Dis. 1563/67 –

A3 dated 27th June 1968, to the Secretary to the Government,Education Department reported that, out of 72 communitiesoriginally included in the list of aboriginal tribes, 40 communitieshave been included either in the list of Scheduled Castes or ScheduledTribes, leaving out the following 32 communities.

1. Agni kula kshatriya (palle) 2. Dudu balija 3. Gamalla 4. Jangam5 Kalaleelu 6. Konda Raju 7. Manayam Raju 8. Nethakani 9. Mangali10 .Padale 11. Padava kapu 12. Pona Golla 13. Putta Dora 14. Sali15. Rajaka 16. Samara Naik 17. Senapati 18. Setti Balija 19. Goredus20. Kummara 21. Sondi 22. Vajelalu 23 Dedagali 24. Kotiya 25. Mallika26. Nooka reddy 27. Racaha reddy 28. Samankula 29. Vajali 30.Gudala 31. Perike 32. Sunkali.

Director stated that these communities are not originalinhabitants of agency areas, but immigrants to the tribal areas. Theydon’t possess characteristics of either STs or SCs. It was suggestedto scrap the list of aboriginal tribes and to include the 32 left outcommunities in the list of Back ward classes. This suggestion hasbeen referred to the Commission for consideration.

The list of Aboriginal tribes was drawn up by the compositeMadras government in the 1937, included in the SC or ST list afterthe Constitution of India coming in to force and a few communitiesare left out. As the Aboriginal tribes have no constitutional


recognition it is desirable to scrap the list as suggested by the Directorand included in the B C list.

Out of the 32 communities mentioned many are synonyms orwrongly spelt out groups. Hence only the following 11 communitieswere included in the B C list.

1.Gamalla 2. Kalaleelu 3. Setti Balija 4. Kummara 5. Perika 6.Sali 7. Senapati 8. Agnikula kshatriya 9. Rajaka 10. Janagam 11, Nayi-Brahman.

Description of 29 communities and their characteristics weregiven along with present inclusion of SC, ST or BC list-(msr) and itwas reported that no information available regarding 30. Samaranayakulu 31. Goredu 32. Dedagali.

De- Notified Tribes (Vimuktha jathis)Some groups or persons were notified as Ex-criminals and the

Criminal Tribes (CT) Act by the Police department and weresubsequently De- notified, when the CT act was repealed. These excriminal tribes who were denotified are now called as DenotifiedTribes or Vimuktha Jathis.

A list of Denotified Tribes was issued in the composite Madrasstate. When Andhra state formed in the 1953, a list of DenotifiedTribes relating to Andhra states was separated from the combinedlist of erstwhile Madras state. The former Hyderabad state didn’tmaintain any separate list of the Denotified Tribes. Some DenotifiedTribes from the Telengana region also were included in the list afterformation of the A P State.

Few Vimukta jathis were included in the list of Back ward classesand they were enjoying the benefits of reservation of seats in theeducational institutions and in the Government services along withother backward classes, but those Vimuktha Jathis which were notincluded in the B C list were not getting the benefits, though theirconditions were in no way better than other BCs.

There are few other communities specified below whichdeserve to be included in the BC list. Most of these are beggarcommunities. Few are engaged in inferior occupations like toddy –

40

tapping, earth work, cooly, labour etc., as a class they are very poor,most illiterate, being habitual criminals, viewed with suspicion andare not allowed mixing freely in society, occupying a low position insocial hierarchy.

In all the following are the communities belonging to theDenotified tribes, recommended for inclusion in the Back wardclasses list: 1.Knajara Bhatta 2. Bhatraju 3. Boya (Valmiki) 4. Budabukkala 5. Dasari (Beggars) 6. Talayar 7. Dommara 8.Jogula (Jogi) 9.Kinthali Kalinga 10. Kepmar 11. Mondi Banda 12. Munde patta 13.Mutharachi 14. Nakkala 15. Nettikotala 16. Nirshikari 17. Nokkar 18.Pariki Muggula 19. Pitchi guntla 20. Reddika 21. Chakala (Rajaka)22. Telaga Pamula 23. Uppara 24. Waddar 25. Yata 26. Kaikadi 27.Pusala 28. Chopemari 29. Joshinandi valas.

At present there is a list of Nomadic and Semi Nomadic Tribesapproved by the state Government. Particulars regarding the criteriaadopted for drawing up the list not available. But, it is presumedthat the criteria must have been their nomadic and semi nomadicnature. A few of these semi nomadic tribes were included in theprevious list of Back ward classes. Some of these were belonging tothe nomadic and semi nomadic tribes. Remaining communities foundin the list are either synonymous with the communities which werealready in the list or are not existing at all.

Schemes for the Denotified Tribes: State Government havetaken up special schemes to rehabilitate the Denotified tribes andsettle them in some occupation or other. Scholarships, supply ofBooks, clothing and separate hostels are also provided for theireducational advancement.

Other measures like colonisation schemes, supply of bullockcarts etc also taken up for the uplift of the Vimuktha Jathis.

There are no special schemes for the nomadic Tribes and SemiNomadic Tribes, but whatever being implemented for the welfareof the Denotified Tribes are being implemented for the Nomadicand semi nomadic tribes also (in the Government list-msrao) .

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Justice RJustice RJustice RJustice RJustice Rajendra Sachar Commission Reportajendra Sachar Commission Reportajendra Sachar Commission Reportajendra Sachar Commission Reportajendra Sachar Commission ReportMuslim OBCs: A Profile

The 1901 Census also recorded the presence of a third categorycalled Arzal: ‘It consists of the very lowest castes, such as theHalalkhor, Lalbegi, Abdal, and Bediya etc.,

The Thangals trace their descent from the Prophet’s daughter,Fatima, and are of the highest rank. Next in rank are the Arabis, whoclaim descent from the Arab men and local women and retain theirArab lineage. The Malbaris are next in rank. They have lost theirArab lineage and follow matrilineal descent. The Pusalars are theconverts from Hindu fishermen called Mukkuvan, the new Muslims.They have low status. The Ossans are the barbers, and by virtue oftheir occupation, they rank lowest.

In Andhra Pradesh, a field study conducted in 1987 foundhierarchically arranged endogamous groups among Muslims. At thetop of the ladder were those claiming foreign descent—Syeds,Shaikh, Pathan and Labbai (descendants of Arab traders who tooknative wives). At the lowest level were groups with ‘unclean’occupations-Dudekula cotton cleaners), Hazam (barbers) and Fakir-budbudki (mendicants).

In Madhya Pradesh, there are 37 communities listed in the statelist as Islamic groups,however, only 27 of them are found in theCentral list. In Bihar, after the recent revision of the list, there are 17OBC groups that have not found place in thecentral list. Six of themare exclusively Muslim, namely, (i) Faqir/Diwan, (ii)Julaha/Ansari (thesynonym Momin is in the Central List), (iii)Itrfarosh/Gadheri/Itpaj/Ibrahimi, (iv) Jat, (v) Gadaria and (vi) Surajpuri. In UttarPradesh, twoMuslim groups-Mirshikar and Nanbai-have not found entry intheCentral list. In Gujarat, Muslim groups such as Jilaya, Tariya-tai,Mansuri, Arab,Sumra, Tarak, Kalal and Bahvaiya are listed in theState’s backward list but not inthe Central list. Similarly many Muslimgroups in Maharashtra such as Mansooris,Pan Faroshs, Ataar,Sanpagarudi, Muslim Madari, Muslim Gawli, Darwesi, Hashmi,

42

Nalband among others have not found entry in the Central list.It was reported that inUttar Pradesh, the Hindu Banjaras were

in ST list while their Muslimcounterparts were listed only in the OBClist. The gross under-representation ofMuslims in public and also inprivate sector employment was seen as a matter ofconcern. Therepresentation of Muslim OBC was even worse. Therefore, therewas a need for a separate quota for them within the OBC quota, itwas suggested The activists complained about the bureaucratichurdles in getting caste certificates.

Since the Constitutional (Scheduled Caste) Order, 1950,popularly known as thePresidential Order (1950), restricts the SCstatus only to Hindu groups having‘unclean’ occupations,14 theirnon-Hindu equivalents have been bracketed with the middle casteconverts and declared OBC. Thus, the OBCs among Muslimsconstitute two broad categories. The halalkhors, helas, lalbegis orbhangis (scavengers), dhobis (washermen), nais or hajjams (barbers),chiks (butchers),faqirs (beggars) etc belonging to the ‘Arzals’ are the‘untouchable converts’ to Islam that have found their way in theOBC list

SC status for Muslim groups: While the Ashrafs and the Ajlafsoccupy the highest and the middle positions in the Muslim socialstructure, the Arzals are the lowest comprising of those having similartraditional occupation as their Hindu counterparts in the list ofSchedule Castes. It is widely believed that these communities areconverts from the ‘untouchables’ among Hindus. Change in religiondid not bring any change in economic status. Because of the stigmaattached to their traditional occupation, they suffer social exclusion.Despite this, they have been deprived of SC status available to theirHindu counterparts. Their exclusion from the SC list dates back to1936 when the Imperial (Scheduled Caste) Order rejected SC statusto Christians and Buddhists of similar origins. Depressed classesamong the Muslims such as Halal khors were included in the list butwere barred from availing the benefits. This colonial decree remainedthe basis on which the government of Independent India, through


the Constitutional (Scheduled Caste) Order, 1950, has denied themthe status in accordance with the deprivations that they face. TheOrder, however, has been amended twice; once in 1956 to includethe SCs among the Sikhs and later in 1990 to include the neo-Buddhists. Thus, practically only the Muslims and Christians of suchorigins continue to be denied the status. As a result, such Muslimgroups namely, gadheris, gorkuns, mehtars or halalkhors, Muslimdhobis, bakhos, nats, pamarias, lalbegis and others remainimpoverished and marginalized. Their inclusion in the OBC list hasfailed to make any impact as they are clubbed with the moreadvanced middle castes.

Many have argued that the Order of 1950 is inconsistent withArticle 14, 15, 16 and 25 of the Constitution that guarantee equalityof opportunity, freedom of conscience and protect the citizens fromdiscrimination by the State on grounds of religion, caste or creed.

The Schedule Tribe Component among Muslims: Unlike thecategory Scheduled Caste, the category Scheduled Tribe irrespectiveof the religious affiliation of the members of the tribe is entitled forreservation. The criterion followed for specification of a community,as scheduled tribes are indications of primitive traits, distinctiveculture, geographical isolation, shyness of contact with thecommunity at large, and backwardness. The criteria is not spelt outin the Constitution but has become well established.

The Muslim component of ST population is very small.According to 1991 Census, it accounts for only 0.25 % of the total STpopulation of the country. The highest proportion of Muslimsdeclared as STs is found in Lakshadweep where Muslims constitutethe entire ST population (99.74 %). Muslim share in the ST populationof Himachal Pradesh (7 %) is also quite significant. Elsewhere, MuslimSTs are miniscule in numbers. The Muslim ST population is only 1,70,428 whereas the total population of the STs stands at 6, 77, 58,285(1991 Census). It must be noted that while STs get all entitlementsirrespective of their religious backgrounds, all Muslims of tribalbackground do not get this benefit. There are many cases of claims

44

of ST status by Muslim groups that have remained unattended.Concluding Comments: As per the latest round of NSSO survey,

Muslim OBCs constitute 40.7 % of the total Muslim population. Theyare also a sizable component (15.7%) of the total OBC population ofthe country. The NSSO survey however fails to provide disaggregatedfigures across individual castes/ groups included in the OBC lists ofthe Centre and the various states. As a result, intra-OBC differentialsalong castes/groups in terms of crucial indicators such as educationalattainment and employment share cannot be estimated.

It is important to underline that Muslims in India are not amonolith, and this is what our analyses across various indicators ofhuman development also suggests. While Hindu-OBCs continue tobe relatively deprived in terms of the all-India data, the Muslimcommunity as a whole is lagging behind Hindu-OBCs. However,overall, the conditions of Muslim-OBCs are worse than those ofMuslim-Gen. The abysmally low representation of Muslim OBCssuggests that the benefits of entitlements meant for the backwardclasses are yet to reach them.

Within the Muslim community, a larger percentage of Muslim-OBCs fall in the low income category as compared to Muslim-Gen.In contrast, much smaller share of Muslim persons belongs to thehigh income category. Interestingly, a larger share of SCs/STs belongsto the high income group as compared to Muslims. Within Muslims,Muslim-OBCs are slightly lagging behind the Muslim-Gen in the highin income group.

Based on the arguments and data presented here, it is logicalto suggest that Muslims in India, in terms of their social structure,consist of three groups-ashrafs, ajlafs and arzals. The three groupsrequire different types of affirmative action. The second group, ajlafs/OBCs, need additional attention which could be similar to that ofHindu-OBCs. The third group, those with similar traditionaloccupation as that of the SCs, may be designated as Most BackwardClasses (MBCs) as they need multifarious measures, includingreservation, as they are ‘cumulatively oppressed’.

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Identification Of Socially And EducationallyIdentification Of Socially And EducationallyIdentification Of Socially And EducationallyIdentification Of Socially And EducationallyIdentification Of Socially And EducationallyBackwarBackwarBackwarBackwarBackward Classes In The Muslim Communityd Classes In The Muslim Communityd Classes In The Muslim Communityd Classes In The Muslim Communityd Classes In The Muslim Community

Of Andhra Pradesh And Recommendations- 2007Of Andhra Pradesh And Recommendations- 2007Of Andhra Pradesh And Recommendations- 2007Of Andhra Pradesh And Recommendations- 2007Of Andhra Pradesh And Recommendations- 2007By

P.S. Krishan, Advisor To The Government Of A.P.

Major agencies of the spread of Islam in India were Muslimtraders and Sufi preachers and saints. This is even truer of thePeninsula including Andhra Pradesh. The bulk of the people whoadopted Islam and moved to the Islamic fold were those whobelonged to the lower castes – the same castes which are nowclassified as Scheduled Castes and socially and EducationallyBackward Classes / Other Backward Classes in terms of theConstitution of India. But there is a difference of certain specificitiesbetween North India and South India including Andhra Pradesh.

The following communities have been described inAnthropological Survey of India’s People of India series India’sCommunities:

Attar Saibulu or Attarollu: As seen from the description of thecommunity in Chapter VI “An occupational group of the Muslimcommunity” which is endogamous and whose “traditionaloccupation is preparing and selling the perfume known as attar……They are easily identified as they generally carry a glass frame boxon their shoulders containing the attars and agar battis….. Due tolack of knowledge in the traditional technique of preparing attar,youngsters are shifting towards the preparation of agar battis(incense sticks) and started small scale industries”. Manufacture ofagar battis has become their secondary occupation. In recent times,they are not preparing attar in the indigenous method but buying itfrom cities like Bangalore and Bombay and selling it on retail basis.There is little education of girls among them. About their status,Saheb states that “self-perception of the community at regional levelis low. The Hindu communities consider them as inferior to them inthe local social hierarchy”.

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Borewale: As seen from the description of the community inChapter VI, This community has been described in AnthrpologicalSurvey of India’s People of India series India’s Communities, Volume“All Communities: A-G” as a “numerically small communityconcentrated in the Rayalaseema districts of Andhra Pradesh”. It isalso known as Deera Pakheerulu or Dheera Pakher. Traditionallynomadic mendicants. Recently they have shifted from theirtraditional occupation of begging to making mats with palm leaves.Bore means mat. Their subsidiary occupation is wage labour. Theycan be identified by the musical drum called Deera with they usewhile seeking alms, and by their peculiar traditional dress. They areendogamous.

Chakketakare: As seen from the description of the communityin Chapter VI, “A small Muslim community distributed in all parts ofAndhra Pradesh” whose “name is derived from their occupation ofmaking the chakke (grinding stone). They have synonyms likeKakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu Gontalavaru,Thirugatigantla, Rallaku Kakku Kottevaru, or Saibulu, and PattarPhodulu. Their ancestors were very good artists and experts in stonecarving who used to carve on the temple stones, houses etc. Theyare now more into stone-cutting and breaking it into required sizes.Men, women and children are engaged in this work for theirlivelihood. Their literacy rate is very poor. Though they valueeducation, there are many drop-outs on account of their pooreconomic conditions. In some respects they seem to be comparableto the Hindu Backward Class of ‘Odde, Oddilu, Vaddi, Vaddelu’ whoare included in the Andhra Pradesh list of Backward Classes.

Faqir/Fhakir Budbudki: As seen from the description of thecommunity in Chapter VI, A “nomadic minority Muslim communityof Andhra Pradesh” with synonyms like Ghanti Fhakir, GhantaFhakirlu, Fhakir Budbudki and Turaka Budbudiki. About 100 yearsback they were known as Ghanta Saheb (Ghanti Fhakir) and weregoing with the Hindu Budbudki to villages begging for alms. By intercaste marriages between them they became to be known as Fhakir


Budbudki. They are endogamous. A significant statement made bySaheb is that, “Nowadays, they are making alliances with the ShaikMuslims”. Their traditional occupation is begging for which they goin the traditional dress. Syed Siraj Ul Hassan under the head ‘XIXBudbudke’ describes them as “a very low class of beggars …….theyare both Hindus and Muhammadans. Both classes are periodicalwanderers, going on their rounds of mendicancy during the dryseason, and returning to their homes when the rains set in.” Theyare very backward in education and most of them are illiterate.Budbudki are included in the list of Backward Classes of AndhraPradesh by the name Budubukkala but not the Muslim communityof Fhakir Budbudki.

Garadi/Garadi Muslim: As seen from the description of thecommunity in Chapter VI, and in the writings of Thurston and theReport of the A.P. Backward Classes (Anantharaman) Commission1970. They are a small community who are also known as GaradiSaibulu, Pamulavallu, Kani-kattuvallu and Garadollu. Their traditionaloccupation is known as Garadi Vidyalu i.e. entertaining the public bymeans of magical show, comedy, dialogues and Kanikattu vidyalu.Thurston describes them as “a class of mendicants in the Telugucountry and Mysore, who are snake-charmers, practise sleight ofhand and perform various juggling and mountebank tricks”. Theyare endogamous. They are mostly illiterate and do not have steadyjobs. Their children drop out from schools because of their pooreconomic conditions. Communities providing traditionalentertainment and earning thereby, which is a form of mendicancy,are included in the list of Backward Classes or in the list of ScheduledCastes (depending on whether they have been found to be victimsof “untouchability” or not) in all States, including Andhra Pradeshlike, for eg. Dasari (formerly engaged in Bikshatana, i.e., Beggary),Gangiredlavaru, Dommara, Pamula, Balasant Balasanthu / Bahurupi,This is clearly a socially and educationally backward class.

Gosangi Muslim: This community has been studied for Peopleof India by G.Paddaiah. Paddaiah describes this community as “a

48

small section of Muslim community living around Muslim burialgrounds. They constitute the poorest section of the Muslims. Theirprofession is begging. The Gosangi Muslim are also known as PhakeerSayebulu. Nowadays, the youth and the middle aged of thiscommunity do all sorts of odd jobs to eke out a living. The olderpeople, especially the widows, are destitute because nobody in thecommunity really cares for them. Many people of this communitylive on the alms given by the kith and kin of the dead on visits to theburial ground”. Paddaiah estimated their population to about 5000-10,000.

According to him, they have been living in their present habitatfrom a long time. “The community’s self-perception is low….. At theregional level, the perception of the Gosangi Muslim by othercommunities is also low”.

The Gosangi Muslims are endogamous, “but they havecommensally and marital relations with Ganta Sayebulu andDudekula Sayebulu”. I may mention that the last named communityhas been in the list of Backward Classes in Andhra Pradesh and TamilNadu and prior to that in the list for the Madras State.

According to Paddaiah, though they realise the value of formaleducation, “they cannot afford to send their children to Schools”. Ishould point out here that Gosangi are included in the list ofScheduled Castes for Andhra Pradesh, but Gosangi Muslim has beenlost sight of in the listing of Backward Classes. A community whichclearly deserves to be included in the list of Socially and EducationallyBackward Classes or Other Backward Classes or Backward Classes(SEd BC/OBC/BC) of Andhra Pradesh.

The description of this community given in Chapter VI clearlyshows that it is a socially and Educationally Backward Class. If themembers of this community were Hindu or Sikh or Buddhist, thiscommunity would have been covered by the entry Gosangi in theexisting list of Scheduled Castes for Andhra Pradesh. They are notcovered by that entry on account of the proviso to Clause 3 of thePresidential Orders which notified the Scheduled Castes State-wise.


It fulfils one of the two criteria of the Mandal Commission foridentification of S. Ed. BC/OBC among non-Hindu religiouscommunities, viz., converts from or counterparts of ScheduledCastes.

Guddi Eluguvallu: A nomadic community who entertain peoplewith a bear. They are also called Elugubantuvallu. Their traditionaloccupation was to entertain people with the help of the bear at fairs.Sharpening sickles and knives, catching snakes, petty trade,agricultural labour etc. are their present day occupations. This isclearly a socially and educationally backward class.

Mondi Turakalu: mentioned by Francis in 1905 finds mentionnow also. Their locality also is the same, namely, Rolla in MadakasiraTaluk. While Francis found them to be stone-cutters, the presentGazetteer mentions stone-cutting as also bangle-selling as theiroccupation. According to earlier records, they were also beggars andobstinate in not leaving the house unless alms were given. I mayadd that the prefix “Mondi” seems to refer to that. Such disrespectfulnames were given to a number of indigent castes. Group-A of theAndhra Pradesh list contains names like Veeramushti (Nettikotala),also a beggar community, Pichikuntla (who have been recently giventhe more dignified name of “Vamsharaj” on their request),Mondivallu, “Mondibanda”, “Banda” who are also nomadic beggars.This Gazetteer also refers to traditional matrimonial restrictionsamong Muslims. “Muslims also observe certain traditionalrestrictions based on caste relationship. Syeds, who claim to bedescendents of the Prophet, do not offer their daughters in marriageto the other Muslim sects, although such restrictions are now slowlyrelaxed”.

Other Muslim Groups excluding the above Groups (i.e., Syedetc.) which are not Socially Backward and excepting those who arealready Included in the State list (like Dudekula etc.)

RecommendationsI recommend the inclusion of the following as socially and

50

Educationally Backward Classes of Muslims in the Andhra Pradeshlist of Backward Classes, as a separate Group E.

(1) Attar Saibulu, Attarollu (2) Borewale (3) Chakketakare,Kakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu Gontalavaru,Thirugatigantla, Rallaku Kakku Kottevaru, Pattar Phodulu, GantaSayebulu, Ralla Sayebulu, Mondivogula (4) Not Nomad (5) Faqir,Faqir/Fhakir Budbudki, Ghanti Fhakir, Ghanta Fhakirlu, FhakirBudbudki, Turaka Budbudkir (6) Garadi Muslim. Garadi Saibulu,Pamulavallu, Kani-kattuvallu. Garadollu (7) Gosangi Muslim (8) GuddiEluguvallu, Elugubantuvallu (Nomads only shown in the list)

All the synonyms and sub-groups of the excluded groups; andexcept those who have been already included in the State List ofBackward Classes.

Percentage of Reservation: Reservation for the socially andEducationally Backward Classes of the Muslim community in the newcategory E may be limited to 4%. While doing so I would recommendthat the criteria may be kept separately under continuousexamination in depth, especially in the matter of education, keepingin view the actual cost of education, especially professional andtechnical education, and taking into account the quantum ofscholarships available for the SEd BC/OBC/BC. The progress andstatus of availment of reservation in service as well as in educationmay be carefully monitored regularly with a view to identifying anyimbalances and inadequacies in respect of backward classes as awhole, each group of backward classes as a whole, and each caste,community, group, to enable timely corrective measures. Thisrecommendation is relevant not only to the newly proposed MuslimSEd BCs, but also to other classes already in the State List of BCs.

State Data Bank: Building up of a State Data Bank along thelines of the National Data Bank recommended by the SacharCommittee in order to facilitate meaningful continuous monitoringand well-informed and timely decisions as and when necessary toachieve the goals of Social Justice Policy and programmes includingReservation.

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HABITHABITHABITHABITHABITAAAAAT INTERNAT INTERNAT INTERNAT INTERNAT INTERNATIONAL COILTIONAL COILTIONAL COILTIONAL COILTIONAL COILAAAAATIONTIONTIONTIONTIONWorking Report : CONFRONTING DISCRMINATION

Nomadic Communities in Rajasthan and their Human Rights toLand and Adequate Housing, Housing and Land Rights Network

Observations and Recommendations

General Observations1. Many of the challenges that confront nomadic communities

today can be attributed to continue caste based discriminationand alienation from settled communities.

2. The combination of modern technology and legislation aimedat eco-conservation has caused the diminishment of traditionallivelihoods, leading to widespread impoverishment. Regionaland national governments have not taken measures to addressthe problem of narrowing livelihoods or provided support forthese communities. As a result:• Families are denied their rights to adequate housing.• Communities fall further into the cycle of deprivation.• Historic patterns of marginalization and exclusion are

repeated.3. Denial of the right to housing and land has adverse implications

on other aspects of life. For example, without having apermanent address, children cannot to be registered in schoolsand communities lose their political voice because they are notincluded on voter lists.

4. Lack of information and knowledge about the lifestyles, needs,customs and traditions of nomadic communities contributetheir marginalization.

Land Entitlements and the Right to Adequate Housing1. Many nomadic communities have expressed the desire to

pursue sedentary lifestyles. Often, settlement efforts arehindered by public antipathy towards nomadic communities.• Government housing policies have not addressed the

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particular obstacles that nomadic communities faceregarding settlement such as the existence of castehostility.

• Land allotment processes are carried out on a municipallevel and often reflect the local caste segregationistattitudes. Applications for title deeds filed by nomadicfamilies are not processed, reportedly due to pressureexerted by members of settled communities on local landallotment authorities.

2. In many instances, nomadic settlements have been destroyedand the inhabitants, forcibly evicted by members of non-nomadic communities.• It has been reported that caste bias extends to local law

enforcement authorities. As a result, civil atrocitiescommitted against nomadic communities, includingincidents of forced evictions and intimidation is notpursued.

• In many cases, First Information Reports filed againstperpetrators are not been followed through with formalinvestigations.

3. Access to adequate accommodation is the immediate concernamongst many nomadic tribes. Typically, housing and livingconditions in the settlements are inhabitable:• Civic amenities such as piped water and electricity are non-

existent. One hand pump is commonly installed for eachsettlement and overuse has affected the quality of waterpressure.

• Types of shelter vary according to the lifestyles of the tribes,ranging from makeshift tents to thatched huts. However,most shelters do not provide adequate protection to theelements.

• Conditions within the settlements are squalid due to lackof sanitation facilities.

• Access to health care, schools and public distribution shops


is severely limited by poor road connections.4. Nomadic communities are often denied their rights to due

process, information and rights to participate when dealing withdistrict authorities.• Tribes are not informed about community meetings where

land allotment is planned and discussed.• District land allotment authorities allegedly refuse to

provide information when nomadic tribe members inquireinto the status of their title deed applications.

• Contrary to constitutional guarantees, customary (caste)laws bar nomadic families from ownership of land in somevillages. For these arrangements, a percentage of incomederived from the harvest is taxed for rent.

Observations Regarding the Denial of Human Rights1. A vast majority of nomadic communities subsist below the

poverty line but ration cards are not distributed in thesettlements to facilitate access to more affordable food andfuel.

2. The Forestry Act and Wildlife Conservation Act continue to denycustomary rights of hunting and foraging, foreclosing significantlivelihood options.

3. Incidents of harassment, intimidation or violence due to castehostility are under-reported because law enforcementauthorities have exhibited caste based bias.

4. Law enforcement authorities commonly raid and searchsettlements without warrants under the guise of nuisancecontrol or crime prevention.

5. Inadequate access to schools contributes to the high illiteracyrates amongst the nomadic communities. Many families areunable to register their children in schools without permanentaddresses or identity cards. Often, children are subjected toharassment in the village schools.

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Recommendations To the Government of India:1. Establish constitutional safeguards for de-notified tribes that

have been excluded from constitutional schedules. Recognizethat these tribes face a specific form of marginalization due tothe stigma caused by enactment of the Criminal Tribes Act.

2. In the development of legislation and policies to protect therights of nomadic communities, ensure compliance with India’sobligations under the international human rights instruments,in particular its obligations to protect these communities fromall forms of discrimination.

3. Guarantee the meaningful participation of nomadiccommunities in all levels of decision making by initiatingdialogue with the communities and reserving positions for themin the government.

4. Drafting of a national habitation policy for nomadiccommunities that seek to settle, with the caveat that settlementpolicies can only be implemented with the consent andconsultation of the communities. Drafting should take place inconsultation with, inter alia, the nomadic communities, civilsociety organizations, ecologists and economists.

5. Provisions should be made to ensure women’s right to property.A system of subsidized loans and grants or cooperative schemesshould be established to ensure that land and adequate housingare accessible and affordable.

6. Nomadic communities must be included in the National Census,Organized and in-depth social- economic studies have to beconducted to forecast the potential problems communitiesmay face in their adaptation to sedentary life.

7. Recognize and respect the citizenship rights of nomadiccommunities. The Census and Election Commissions shouldwork concurrently to ensure that voter identity and ration cardsare issued and distributed in the settlements. Regularized birthregistration should be enforced.

8. The Indian Forest Act and the Wildlife Conservation Act should


be amended to include a provision that enjoins priorconsultation with communities affected by conservationmeasures.In relation to the state obligations arising out of internationalcommitments on the right to adequate housing and non-discrimination see the draft guidelines prepared by the SpecialRapporteur on Adequate Housing in his 2002 report to the UNCommission on Human Rights: E/CN. 4/2002/59. See Annex 8for relevant excerpts.

9. Initiate livelihood training in cooperation with the communitythat is designed to address their particular needs.

10. Facilitate access to education, including more vigilantmonitoring of the quality of instruction in informal schools.

11. Promote public awareness and re-education by advocatingagainst caste segregation.

12. Establish halting sites for nomadic communities who maintainthe traditional nomadic or semi-nomadic lifestyle. This willenable families to provide addresses when registering childrenin school or applying for social benefits.

13. Implement the recommendations of the National BiodiversityAction Plan. This includes giving effect to co-managementpolicies and recognition of customary rights of access and useof natural resources.

To the Government of the State of Rajasthan:1. Amend the Land Revenue Act 1956 to lower entitlement criteria

for nomadic communities.2. Repeal the Habitual Offenders Act as recommended by the

National Human Rights Commission in February 2000.3. Monitor land allotment processes on the district level to ensure

transparency and accountability.4. All records should be computerized to ensure easy access to

land records, information on title deed applications andinformation on land availability.

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Timely and reasonable explanations in writing should beprovided for any delays in the application process for title deeds.

5. Training programs should be carried out to sensitize lawenforcement authorities, state and local authorities, civil societyand the general public about nomadic issues. A zero tolerancepolicy for the use of excessive or unjustified force must beinstitutionalized.

6. Forcible evictions carried out by members of settledcommunities must be dealt with swiftly, to the full extent ofthe law.

7. An organized monitoring system should be implemented toensure that the living conditions in nomadic settlements areadequate and that families are accorded access to electricityand water.

To NGOs and CBOs:1. NGOs and CBOs should collaborate their efforts in a nationwide

and international campaign to advocate and raise publicawareness about the issues of land entitlements for nomadiccommunities. A national alliance should be established, bringingtogether NGOs working for nomadic rights, in order to design acoordinated strategy to place the plight of nomadiccommunities in the forefront.

2. More human rights education should be conducted withincommunities.

3. NGOs should utilize international human rights instruments andmechanisms to strengthen the arguments for land entitlementand to ensure more vigilant monitoring of governmentimplementation of international law obligations.

4. Funding and technical expertise should be provided to localCBOs engaged in livelihood training and adaptation programsfor communities that wish to settle.

5. Strengthen alliances with Roma lobby groups in Europe in orderto exchange and learn from their experiences in national and


international advocacy as well as benefit from their networks.6. Explore means to advocate and raise awareness about nomadic

issues on the international agenda in the way that indigenousand Dalit rights groups have done in recent years.

The Legal Framework: The Right to Land & Adequate HousingThe Government of India is obliged to respect and protect the

human right to adequate housing. The human rights paradigmengenders State accountability and offers the perspective, thestandards and the mechanisms to ensure that entitlements areeffectively realized. This framework also ensures that the overarchingthemes of equality and indivisibility-of rights inform the discussionof land and housing entitlements.

In the case of the Rajasthani nomads, the fight for land andhousing rights must also be understood in the context ofdiscrimination and exclusion. Caste bias and anti-nomadic sentimentsprofoundly affect access to land, education and employmentopportunities. The systemic discrimination suffered by members ofnomadic communities is a flagrant breach of human rights norms.

The Indian ConstitutionThe Indian Constitution enumerates the fundamental rights and

duties of the State, and protects individual liberty by guaranteeingeconomic, social and political justice for all. The overarchingphilosophy of the Constitution is promulgated in a preamble thatdelineates the objects the State is obliged to promote and the spiritin which the constitutional provisions should interpreted, namely,the ideals of justice, liberty and equality

International Mechanisms and InstrumentsIndia is a signatory to international instruments that among

others, obligates the State to take steps to eradicate discriminationand other segregationist practices. In addition to theseanti-discrimination instruments, the government has ratified treaties

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that recognize that the right to adequate housing as a fundamentalhuman right. The act of ratification legally binds the State toimplement its obligations through legislative enactments, policydecisions, and judicial affirmation

Caste Based DiscriminationVarious international treaty bodies have raised concerns about

the continued prevalence of caste and descent based discrimination.The Committee on the Elimination of All Forms of RacialDiscrimination has noted that despite the passage of constitutionalprovisions and legal provisions in India, “widespread discrimination”continues that “points to the limited effect of these measures.” Itemphasized that the perpetuation of the caste system contributesto the violation of human rights in India and urged the state andnational governments to adopt urgent measures to combat thecontinued discrimination of vulnerable groups. In 2002 theCommittee issued General Recommendation XXIX, stating that casteand descent-based discrimination are in direct violation of CERDobligations

The growing international awareness about caste and descentbased discrimination can partly be attributed to the advocacy effortsof the Dalit rights activists and organizations. With input andsubmissions from dalit rights organizations, the Sub-Commission onthe Promotion and Protection of Human Rights unanimously passeda resolution to commission an expert to prepare a working paper ondiscrimination based on occupation and descent, further highlightingthe issue of untouchability in South Asia.’”

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National Commission for the DenotifiedNational Commission for the DenotifiedNational Commission for the DenotifiedNational Commission for the DenotifiedNational Commission for the DenotifiedNomadic and Semi Nomadic TNomadic and Semi Nomadic TNomadic and Semi Nomadic TNomadic and Semi Nomadic TNomadic and Semi Nomadic Tribes Recommendationsribes Recommendationsribes Recommendationsribes Recommendationsribes Recommendations

1. The Terms of Reference of the Commission refer toDenotified, Nomadic and Semi-nomadic Tribes. The Denotified Tribesinclude various Tribes notified as Criminal Tribes under the CriminalTribes Act, 1871. Some of these Tribes are Nomadic Tribes as well.The-difference between Nomadic Tribes and Semi-nomadic Tribes(including pastoral nomads) is based on the frequency of theirmovement from one place to another. It is, therefore, desirable thatthe three categories may be reduced to two categories, viz.Denotified and Nomadic Tribes (DNTs) for the purpose of referenceto these Tribes as a target group in the context of dealing with variousissues relating to them. Henceforth, Denotified and Nomadic Tribeswill be referred to as DNTs.

2. For implementing welfare schemes for DNTs, it is desirablethat these Tribes are identified and their State/UT-wise lists areprepared by the States/UTs. The details of Denotified Tribes arecontained in the Criminal Tribes Act, 1871, and its subsequentamendments to facilitate the preparation of State/UT-wise lists ofDenotified Tribes to the Commission in response to the Commission’squestionnaire. Some States have made and sent the list of Denotifiedand Nomadic Tribes, but these lists do not appear to contain all thecastes included in the category of Denotified & Nomadic Tribes. It issuggested that the State Governments/UTs which either do not havesuch lists or have incomplete lists may constitute a small Committeeunder the Chairmanship of the Chief Secretary along with concernedofficers, 2-3 Community Leaders from DNTs, and one or twoprominent anthropologists or sociologists as members to examinethe inclusion of various castes in the list of Denotified and NomadicTribes in the State/UT, To assist the aforesaid Committee in the-States/UTs, the Commission has also prepared State/UT wise lists ofnomadic tribes along with their synonyms based on evidencecollected from various sources. These lists are only suggestive and

Balkrishna Renke

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the Committee may consider them for inclusion in the State/UT listsonly after proper survey and verification.

3. To conceptualize the welfare schemes for the DNTs and towork out the financial implications it is necessary that the States/UTs have information about their population in the State/UT invarious Districts. Since DNTs have not been enumerated in the censusas DNTs, it is necessary that the States/UTs undertake a quick houseto house survey of the families of DNTs to work out their estimatedpopulation and their concentration in various Regions/Districts ofStates/UTs. This process may be completed in six months.

4. There is no authentic information about the population ofDNTs in various States/UTs. Efforts were made to work out anestimated figure for their population. A rough estimate based onthe 1931 census and other relevant information from various sourcesput their population between 10-12 crores in the country. However,to have a correct estimate of their population it is desirable that theUnion Government initiate steps to enumerate DNTs in the nextcensus due in 20II.

5. The Commission, during its visits to various States, noted thatthe Departments dealing with the welfare of DNTs are not adequatelyconversant with the socio-economic conditions of DNTs largelybecause of their lack of exposure to them. It is suggested that theState Governments may constitute an Advisory Committee at the Statelevel/UT level under the Chairmanship of the Chief Minister/Administrator of the UT. The Committee may include prominentanthropologists and sociologists, activists and community leaders ofDNTs in addition to the concerned senior officers of the State Govt. /UT Administration. Similar Advisory Committees may be constitutedat the District level under the Chairmanship of the District Magistrateand may include the Superintendent of Police, social activists andcommunity leaders of DNTs. These Committees may hold theirmeetings at least every three months and may review and monitorthe progress of various welfare schemes being implemented in theState/District for DNTs and may draw up future action plans.


6. It has been see ?, that a large number of DNTs have beenincluded either in the list of SCs, STs or the OBCs from time to time.However, these DNTs have not been able to take the benefit ofvarious developmental schemes being implemented for SCs, STs, andOBCs. In order to enable the DNTs to take the benefit of variousdevelopmental schemes being implemented for the poor, it isnecessary that the Union/State/UT Governments frame andimplement separate welfare schemes for them as a separate targetgroup irrespective of the fact whether they belong to SCs, STs orOBCs.

7. To enable the members of DNTs to avail ‘the benefits ofvarious welfare schemes, it is necessary that they are issued CasteCertificates expeditiously and in a time-bound manner by the DistrictAdministration. The position with regard to the issue of CasteCertificates to DNTs is far from satisfactory. Also, if the applicant forthe Caste Certificate is also an SC, ST or OBC, only one certificateneeds to be issued for his belonging to a particular Denotified/Nomadic Tribe and either SC, ST or OBC.

It is also suggested that the District Administration may be madethe final authority for the issue of caste certificate and no higherCommittee need to be constituted at any other level to judge thegenuineness of the certificate issued by the District Administration.It was found by the Commission that the Government of Maharashtrahas constituted a Valid the Committee at the State level which ex-amines each and every certificate issued by the DistrictAdministration. This not only takes a long time but also involves agreat deal of hassle and inconvenience for the applicants. It is,therefore, recommended that the Government of Maharashtra mayabolish the ‘Validity Committee’ forthwith.

It is also suggested that (he District Administration may organizespecial on the spot camps in the hamlets inhabited by DNTs for theissue of caste certificates so that the applicants may get castecertificates without much running around various Governmentoffices.

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8. The Commission wants to strike a note of caution to this3tates/UTs to exercise adequate vigilance and supervision in thematter of issue of Caste Certificates to avoid the possibility of issueof false certificates.

9. BPL (Below Poverty Line) card is another handicap faced bythe DNTs and without BPL cards; they are not able to qualify for thebenefits of various welfare schemes meant for the weaker sectionsand the downtrodden. The State Governments may launch a specialprogramme to have BPL cards issued to the eligible families belongingto DNTs.

10. Similarly, a large number of DNT families are without RationCards which deprive them of the benefits of the Public DistributionSystem to purchase essential commodities at concessional rates fromthe Fair Price Shops. The Nomadic Tribes are the worst hit by thissituation. Denotified Tribes, particularly Nomadic Tribes, are largelyBPL population. It is, therefore, necessary that the States/UTsundertake the exercise of issuing Ration Cards to DNT families byorganizing a special campaign both for urban and rural areas.

11. The Denotified and particularly the Nomadic Tribes areunable to exercise their right to vote as either they are ignorant orare on move from one place to the other and have not been includedin the voters’ list. It is also because these people may no- havepermanent residences. Steps need to be taken by the UnionGovernment, the Election Commission of India, and the StateGovernments to undertake a special campaign for inclusion of theirnames in the voters’ lists.

12. It has been seen that DNTs are living in slum conditions allover the country both in urban and rural areas. They live either inthe open, small and makeshift tents or in small hutments orimprovised pucca or kachha houses. Not only the space occupied bysuch houses, etc., is far too inadequate in comparison to the size oftheir families but their settlements are virtually slums. During theirvisits to such settlements in some States, the Commission foundthat these settlements did not have the facility of common amenities


like sanitation, clean drinking water, sewerage, electricity, roads andpublic latrines, etc. The local body did net appear to have doneanything in this regard.

The need of the hour is that the local bodies ensure that thesituation in such settlements is improved forthwith so that the DNTsare able to enjoy at least the basic civic amenities till they get shiftedto better places of settlement.

13. It has also been seen that there are some housing coloniesof DNTs in some cities and towns in the country but, apart from thefeet that such colonies miserably lack civic amenities, they do notalso have the facilities of a Community Centre/Panchayat Hall, whichcould be used by the DNT families for marriages and other similarsocial functions/get-together(s), etc. Similarly, there are no playgrounds for their children, gyms, etc. It is well known that membersof DNTs are not allowed to use these facilities available in othernearby areas of the city/town. It is suggested that Local Bodiesprovide such facilities to the housing colonies of DNTs.

14. The Ministry of Social Justice and Empowerment and StateGovernments/UTs are responsible for implementing various schemesfor the development of Scheduled Castes, Scheduled Tribes andOther-Backward Classes (OBCs). These schemes, inter alia, relate togrant of various kinds of scholarships, construction of residentialschools for boys and girls, hostels, coaching centers, educationalloans, studies in foreign universities, training for various technicaljobs like pilots etc. It is suggested that the Ministry may earmarkappropriate outlays for such schemes .for DNTs in the same ratio asis being presently done for SCs & STs through a dedicated deliverysystem. Similarly, the Ministry of Rural Development may earmarkseparate funds for old age pension to DNTs.

It is also suggested that all the Ministries/ Departments/ PSUsand other Govt. agencies and institutions may extend the samebenefits and concessions, etc., to DNTs as are being done for SCs.

15. Housing is a basic human need. While a large number ofDenotified Tribes are settled, Nomadic Tribes are generally on the

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move in pursuit of their traditional occupations for livelihood. Also,in view of the changing economic scenario, their age old traditionaloccupations are gradually losing relevance in providing the desiredlivelihood support. The Nomadic Tribes are increasingly veering tothe view that they settle themselves at one place or the other andtake to alternative professions.

Indira Awaas Yojana Is the flagship scheme of the UnionGovernment for providing homes to the rural poor which is beingoperated on 75:25 bases, the annual flow of funds from the stateexchequer was Rs.4400 crores during the XIth Plan. While DNTs arealso covered under the eligibility criteria under this scheme but sincetheir priority is so low that it is estimated that the number ofbeneficiaries of this scheme from the category of DNTs is negligible.

The Commission is of the strong view that considering theirnumber and the fact that they have not been given much importancein providing houses, the Central Govt. may earmark at least 50% ofthe current outlay for Indira Awaas Yojana for building houses onlyfor DNTs during the XIth and the subsequent Plans and this schemefor DNTs may be rechristened as Indira Awaas Yojana for DNTs.

16. The problem of housing in urban areas is still worse. Thecontinuing influx of population to urban areas has led to, inter alia,slums where a large number of poor families have come and settledin tents. These families consist of migratory labour as also the DNTs.The living conditions of these families are not only subhuman butalso create pressure on basic urban services for the entire urbanpopulation.

It is gratifying to note that the Ministry, of Housing and UrbanPoverty Alleviation has already launched an ambitious scheme underthe Jawaharlal Nehru National Urban Mission for slum clearance andfor the improvement of urban infrastructure in general. Since a largenumber of families belonging to DNTs live in such slums, the slumclearance programmes under the above scheme will enable these-families to enjoy the benefits of this scheme in terms of housingand urban infrastructure.


However, considering the poor plight of DNTs, it is suggestedthat the above scheme is slightly modified to provide that the DNTsof these slums may be given top priority for housing anddevelopment of urban infrastructure. It is hoped that a large numberof DNT families will be benefited by the implementation of thisscheme.

The scheme also lays down that housing should not be providedfree to the beneficiaries and a minimum of 12% in general and10%in the case of SC/ST/DC/OBC/PH and other weaker sections becharged. The Commission is of the view that considering the poorconditions of Nomadic Tribes, they may be charged only 5% as against10% for SC/ST, etc.

The Commission had an occasion to see this scheme beingimplemented by the Union Territory of Chandigarh and the SmallFlats Schemes, 2006, being implemented by them. Though therewas no distinction kept between the general and the DNT slumdwellers, the Commission found the implementation of the schemeto be one of the best and compliments the UT Administration forthe same.

17. The Jawaharlal Nehru National Urban Renewal Mission ispresently applicable only to certain big cities and towns in thecountry. There are a large number of smaller cities and towns also inthe country. A large number of DNTs have settled and created slumsin such small cities and towns as well. It is suggested that the States/UTs may implement similar Housing Schemes for DNT slum dwellersas in big cities and towns with a beneficiary contribution of 5% incase of DNTs. This scheme may be taken up for implementation onpriority basis. It may also be ensured that the DNT families are notuprooted from their present location until alternative housingfacilities are created for them.

18. The Central Government launched a scheme, namely.Golden Jubilee Rural Housing Finance Scheme in 1997-98. Thisscheme envisages the sanction of credit to individuals desirous ofconstructing/acquiring new dwelling units and for improving or

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adding to existing dwelling units in rural areas at normal rates ofinterest. Considering the shortage of houses for DNTs, it is suggestedthat this scheme may be reviewed and modified suitably in thechanged circumstances with a view to benefiting the DNTs byproviding for suitable subsidy in the rate of interest.

19. Considering the size of the demand for houses for NomadicTribes, it is also suggested that the Union and the State Governmentsmay launch a scheme to develop Special Socio-Economic SettlementZones (SSESZ) for Nomadic Tribes at suitable locations on the linesof the Special Economic Zones for industrial units. The SSESZs maybe developed to provide built up houses to live along with a smallpiece of land attached to such houses to enable the family to carryon their profession as well. Locations of such SSESZ can be in theneighborhood of either SEZs or the other industrial areas or tradeor business centers to enable the residents to get an opportunity foremployment. Such SSESZs can be developed for at least 100 familiesat one place with minimum infrastructure, like electricity, drinkingwater and schools, etc.

20. Education, by far, is a basic agent of change in the processof socio-economic development of disadvantaged groups. DNTs areno exception. While the Central Government launched its flagshipprogramme of Sarva Shiksha Abhiyan (SSA) in 2001-02 for the wholeof the country irrespective of caste or religion and the national rateof literacy is gradually inching up, it has not been able to make muchheadway for DNTs mainly for two reasons. One, there is not enoughawareness for education among the DNTs living in far flung areasand moving round the year from one place to the other in search oflivelihood; and second, the children of these Tribes are looked at asadditional hands for eking out livelihood, for the family. Thus, therate of literacy among DNTs is much less than any other socialsegment of population. It is, therefore, necessary that special effortsare made to undertake a massive awareness programme for DNTsto convince them to send their children to schools. Though SSA alsopromotes girls’ education to eliminate gender disparities, the position


of girls education in DNTs is far too bad and special efforts are to bemade to improve the situation.

21. To attract more arid more DNT children to schools there isan urgent need to open primary schools in the areas predominantlyinhabited by DNTs if they do not already exist and provide-freeeducation to these students along with the CDS facilities. Suchschools can be run either by the State Government or by good NGOswith appropriate grants from the State Governments.

22. The Sarva-Shiksha Abhiyan (SSA) aims at universalizingelementary education with community-ownership of the schoolsystem. The National Mission of Sarva Shiksha Abhiyan hasconstituted six sub-missions for various areas of SSA. While one ofthe sub-missions relates to education of disadvantaged groupsincluding girls, SC/ST/minorities urban deprived children and disabledchildren; this sub-mission does not specifically mention the DNTchildren, it is suggested that a separate rub-mission may beconstituted for the DNT children to facilitate regular review of theperformance of states in this regard. Similarly, a separate Task Force(TF) be constituted for this sub-mission with experts and specialistsso that the TF can review and monitor the progress of SSA’ for DNTsincluding the Kasturba Gandhi Balika Vidyalaya scheme.

23. To further strengthen the educational infrastructure forDNTs, the Government needs to open residential schools separatelyfor boys and girls in the areas inhabited by DNTs for upper primarystudents. The scheme of Kasturba Gandhi Balika Vidyalaya launchedin July, 2004 needs to have a separate annual target fixed for girlsbelonging to DNTs residing in interior rural areas in various States/UTs. This is a useful scheme and needs to be implemented on prioritybasis,

24. In order to further spread education among DNTs, the StateGovernments should open Residential Schools separately for boysand girls in DNT dominated areas for free education, lodging andboarding.

25. To facilitate the process of attracting boys and girls belonging

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to DNTs to Post Matric levels of education including technicaleducation, the Government needs to open and run hostels separatelyfor boys and girls at the District and Taluka levels. One or two suchhostels need to be opened in Delhi on the same lines as done for thestudents belonging to the North Eastern Region.

26. Along with the educational infrastructure, the Governmentneeds to create infrastructure for skill development of DNT studentsat various levels of education. This is extremely important in view ofthe increasing need for skilled manpower in the changing economiccontext as also the need for creating opportunities for theemployment of DNTs. This will mean setting up polytechnics, it is,etc., in the DNT dominated Districts so that DNT students areequipped with the required skills to enable them to seekemployment.

27. National Small Industries Corporation is running TechnicalCenters at various places in the country. It is also understood thatNSICIs planning to open more such centers in partnership with theprivate entrepreneurs on franchise basis. These centers provideframing for the development of entrepreneurship and also trainingin various trades to men and women irrespective of age. Theminimum educational qualification for training in various trades isthe ability to read and write. This facility of talent building will beextremely useful to the youth of the Denotified & Nomadic Tribes. Itis suggested that the Ministry of Social Justice and Empowermentmay execute an MOU with the NSIC for training men and womenbelonging to Denotified & Nomadic Tribes in various parts of thecountry to enable them to either set up their cottage industries orsee!: wage employment in the trades in which they take training.The arrangement for such training to the Denotified and NomadicTribes may be made free of cost.

28. Khadi & Village Industries Commission (KVIC), being thelargest employment provider in rural areas, are implementing anumber of schemes for self- employment, or for setting up micro,small and medium industries in rural areas. For example, Rural


Employment Generation Programme (REGP) is their latest flagshipprogramme to provide employment in rural areas. It has been noticedthat REGP and other schemes of KVIC .do not specifically mentionDNTs as beneficiaries like SC/ST/OBC women, physically handicapped/ ex-servicemen and Minority community. It is recommended thatKVIC may also include DNTs as the potential beneficiaries of theiron-going schemes. This will provide DNTs ah opportunity to seekgainful employment to improve their living standards.

29. A large number of members of Denotified & Nomadic Tribesare small artisans and make a variety of handicrafts in various partsof the country. These include items made of clay, plaster of paris,glass, stone, marble, bamboo, etc. The major problem being facedby these artisans is in the areas of procurement of raw material,marketing and credit, etc. It is, therefore, desirable that the CentralCottage Industries Corporation of India Limited, the Handicrafts andHandlooms Exports Corporation of India Limited, extend the, benefitsof their schemes to the artisans belonging to the Denotified &Nomadic Tribes.

30. A large number of DNT families earn their livelihood byselling vegetables, fruits, datun, second hand clothes and many othersimilar articles as street vendors/hawkers/ peddlers. However, theyface difficult is in getting licenses from the Local Bodies. It is suggestedthat special market zones may be developed at suitable places inlarge cities, giving them priority in the allocation of space. Suchspecial markets exist in several cities but under the titles of‘Bhikbazar’ or ‘Chorbazar’, which actually are the poor man’smarkets. These should be turned into dignified market places forthe DNTs with priority given in space allocation for them.

31. It is also suggested that State Government may arrar.ge toprovide small showrooms and marketing outlets to artisansbelonging to Denotified & Nomadic Tribes in the urban market places.It will help them to market their products.

32. To ensure that the Bank Loans reach the DNT to enablethem to undertake suitable economic activities, it is necessary that

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an appropriate percentage of the Priority Sector Lending is targetedfor the DNTs with in the overall target for Priority Sector Lendingand the sub-target of 25% for the weaker sections. The progress ofdisbursement of loans to DNTs under the Priority Sector Lendingmay be reviewed and monitored regularly by the District levelBankers Advisory Committees and the State Level Bankers AdvisoryCommittees from time to time to ensure that the DHTs also receivean equitable portion of the bank credit.

33. It is gratifying to note that the Government has adopted‘financial inclusion’ as the mainstay of the rural credit policy in thecountry. In this context, it is strongly recommended that theDenotified, Nomadic and Semi-nomadic Tribes be extended thebenefit of this policy on priority basis by forming Self Help Groups ofmen and women among these Tribes.

34. DNTs are, jy and large, the poorest section of the societyand except that some of them have been included in the lists of SCs,STs, and OBCs from time to time, no separate welfare schemes havebeen implemented for them. As suggested earlier, DNTs heed to betreated as a separate target group for the purpose of implementationof poverty alleviation programmes. In this context, it is necessarythat a DNT Sub-Plan on the lines of SCSP may be implemented as anumbrella strategy to ensure flow of targeted financial and physicalbenefits from all the general sectors of development for the benefitsof DNTs. Accordingly, States/UTs and Central Ministries may berequired to formulate and implement DNT Sub-Plan for DNTs duringthe XI Plan as part of their annual plans by earmarking resources inproportion to their share in total population.

35. A separate Finance and Development Corporation for DNTs,like National Scheduled Castes Finance & Development Corporation,may be set up at the centre which may implement similar welfareschemes for DNTs as is being done for the Scheduled Castes atpresent.

36. Similarly, DMT Finance and Development Corporations beset up by the States for identifying eligible DNT families and


motivating them to take advantage of the development relatedschemes, sponsoring the schemes to financial institutions for creditsupport, providing financial assistance in the form of margin moneyat low rates of interest and subsidy in order to reduce the repaymentliability and providing necessary tie-up with other poverty alleviationprogrammes. The State level Finance & Development Corporationmay also finance employment oriented schemes covering (i)Agriculture and allied activities; (ii) Small Scale, Micro and TinyIndustry; and (iii) Transport and Service Sector.

37. DNTs constitute the most socially and economicallybackward sections of the population. The fact that some of thesetribes have been included in the list of SCs, STs, or OBC from time totime it has perhaps been presumed that they are getting the benefitsof the welfare schemes implemented for SCs, STs or OBCs. Sadly,the situation is far from it. It is, therefore, extremely necessary thatconsidering their population in the country the focus now shifts toDNTs as s separate target group of population and a suitablemechanism is evolved to channalise the Government assistanceearmarked for them through a separate dedicated delivery system.Accordingly, there is a need for a separate department for the welfareof DNTs at the state level, a separate Directorate of Welfare of DNTsand a separate District level officer for the welfare of DNTs in theState. Similarly, there is a need for a separate Ministry/Departmentfor the welfare of DNTs at the Centre.

38. The Commission has noted that a large number of pursuingtheir traditional occupations, and thus have been catering to variousneeds of the society.” Unfortunately, almost all these professionshave come to a naught due to either technological advancementand/or enactment of certain laws on various subjects in the country.A typical example of this phenomenon is the enactment’ of lawsrelating to Wild Life Protection, Prevention of Cruelty to Animalsand the Environment Protection. As a result of these laws, lakhs andlakhs of snake charmers, monkey players, Kalandars, bird catchersand people using plants for herbal medicines, etc., have not .only

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lost their professions in the middle of their lives, but are also facingpolice action and harassment by the NGOs and the Governmentemployees every now and then. After having lost their professionsbeing the only source of their livelihood throughout the history ofmankind, they are on the verge of starvation with there being nopossibility of changing their professions for want of education ortechnical’ skill and know-how. While there is no denying the factthat such laws are desirable in the overall ecological andenvironmental security of the country, it is perhaps equally desirableto ensure that the people affected by such laws are satisfactorilyrehabilitated. India is a large country with immense bio-diversity,flora and fauna. Even if the relevant laws are amended to allow theNomadic Tribes to pursue their traditional occupations involving wildlife and plants, etc., it is not going to make much difference to theoverall position of biological diversity in the country, it appears thatthis aspect has not been given adequate weightage before enactingthese laws. It also needs to be appreciated that the currentgeneration of people who have been pursuing these professions fora long time cannot take to alternative sources of livelihood at thislate stage of their life.) Also, training wild and domestic animals forentertaining people particularly / in semi-urban and rural areas isnot only a great ‘art’ in itself but also a great source of entertainmentto the people. Since the animals provide a source of livelihood tolarge number of families, it is unfair to think that they would treattheir animals with cruelty. In view of this background, theCommission strongly recommends that the existing laws may berevisited and suitably amended to eatable the nomadic tribes tocontinue to use wild animals and herbal plants without anyrestrictions to pursue their traditional professions.

39. Pastoral Communities are an integral part of Nomadic Tribepopulation in the country. Their traditional occupation has beenlivestock breeding and marketing and sale of livestock products likemilk and wool, etc. The livestock generally include sheep, goat,buffalo, cow and camel. Unfortunately, with the passage of time,


they are in distress and are finding it difficult to continue theirtraditional occupation for certain reasons. The basic and the foremostreason is the diminishing grazing lands for their herds. Traditionally,gazing lands have been earmarked in rural areas .but, unfortunately,with the passage of time, these lands have either been illegallyoccupied or have been diverted for-some alternative use. This isadversely affecting the occupation of pastoral communities. In viewof this situation, State Governments have to ensure that pasturesand grazing lands as provided in the revenue records of villages andtowns are restored to their original character. In addition, newpastoral zones with basic amenities for the pastoralists may also bedeveloped.

40. The Commission has already recommended the setting upof residential, schools for the children of nomadic tribe. It is suggestedthat similar residential schools be run for the children of pastoralcommunities and should be located on the migratory routes of thesecommunities .to that the parents find it easy to send their childrento such schools and to remain in touch with them during theirmovement from one place to the other.

41. It is aiso suggested that Mobile Dispensaries for veterinarycare, be provided on the migratory routes of the PastoralCommunities for their cattle as also for their families. Arrangementsshould also bemade to deliver technical guidance on continuousbasis to the pastoralists to upgrade the quality of their livestock.

42. It has been seen in the past that the herds of the pastoralistssuddenly fall-prey to natural calamities and thus adversely affect thepastoral communities. ‘It is suggested that the Governmentcompensate these communities for the adverse effect of suchcalamities.

43. Pastoralists rearing sheep, goats and camels are deprivedof several benefits as these animals are not included in the list of“useful animals1'. It is suggested that the above mentioned animalsmay also be recognized as ‘useful animals’ and necessary stepsundertaken for their development.

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44. One of the major problems being faced by the DenotifiedTribes is a continuing stigma of criminality about them which hasmade them vulnerable to frequent police action merely on the basisof suspicion. It is, therefore, necessary that the Denotified Tribesget rid of this stigma at the earliest and live a dignified life like themainstream citizenry of the country. To achieve this objective it isnecessary that the syllabus and contents of training for police fromtop to bottom is reviewed by a small Committee under theChairmanship of the Union Home Secretary in the Centre and theChief Secretaries in the States/UTs, and based on itsrecommendations necessary steps initiated to implement theserecommendations in the country to save DNTs from the avoidableharassment by police by implicating them in false criminal cases. Itis also necessary that a massive awareness programme is launchedto sensitize both the police and the public that these Tribes are notcriminal by birth.

45. The DNTs arc also victims of atrocities like Scheduled Castescommitted by anti- social elements. It is, therefore, necessary thatthe Scheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Act, 1989 be, mutatis mutandis, made applicable to DNTsas well and the central assistance be granted to the States in the‘same ratio as in the case of SCs and STs. Similarly, special cells maybe set up by the States for the implementation of the above Act. Toexpeditiously prosecute cases under this Act, the number of SpecialCourts be suitably increased to effectively deal with the cases relatingto DNTs.

It is also necessary that the progress for implementation of thisAct ‘is reviewed and monitored by the Central Government with thesenior officers of the State Government from time to time.

46. It has been observed in many villages that villagers do notwant the DNTs to stay in their villages or village area; some GramPanchayats (GPs) have resolved to evict the DNTs from their GPs;and in some villages Bastis of the, DNTs are raged or destroyed.Hence, to curb this, it is suggested that the Government nay award


incentives in the form of subsidy/loan Or other monetary assistanceto the villages where the DNTs are included in the developmentprocess of the village through creation of assets for the DNTs likehouses, pattas, small piece of agricultural lands, right to use the’water source of the village, employment guarantee schemes, etc.

47. It has been observed that in most of the cases of atrocitiescommitted against the DNTs the villagers or a group of villagers areinvolved and all the accused get acquitted due to lack of identificationand evidence. Hence it is recommended (hat whenever such a crimetakes place where alI the villagers recommended that whenever sucha crime takes place where all the villagers or a group of villagers areinvolved, the entire village should be collectively punished. Thepunishment may be in the form of stopping or holding up the financialassistance, or loans which are supposed to come to the village for atleast 2/3 years.

48. The effect of the Criminal Tribes Act, 1871 is the legacy ofthe British and it needs to be brought to an end to save a largenumber of people belonging to Denotified & Nomadic Tribes fromavoidable police harassment. Apart from the aforesaidrecommendations, it is also suggested that the investigation ofcriminal cases filed against the Denotified & Nomadic Tribes is doneby a Dy. S.P. It is also suggested that a senior police officer a: theDistrict level be specially authorized to hear the grievances of misuseof law against and harassment of the members of the Denotifiedand Nomadic Tribes. Also, in case the investigation of a criminal caseagainst a member of the Denotified & Nomadic Tribe does notfructify for prosecution, the victim should be financially compensatedby the State Government for his harassment for which a suitablepolicy/criteria may b>e determined by the State/UT administration.

49. The stigma of criminality and the consequent harassmentof Denotified & Nomadic Tribes is the major problem affecting croresof people in the whole of the country. It is suggested that the UnionGovernment may organize a conference of Chief Ministers of Statesand Administrators of Union Territories to discuss various issues

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relating to this problem and steps that need to be taken not only tosensitize the administration in general and the police in particularbut also to generate awareness among the people at large to saveDenotified & Nomadic Tribes from harassment at the hands of thepolice and the anti-social elements. The major problems affectingthe DNTs are their involvement in false cases by the police, atrocitiesby anti-social elements and restricting their freedom of movementin pursuance of their traditional occupations, etc.

50. To prevent the harassment of DNTs in general, it isrecommended that a Member each of the National Human RightsCommission at the National level and a Member of the State Human-Rights Commission at the State level is appointed from amongst theDNTs.

51. The women belonging to DNTs are particularly prone toharassment not only by police but also by antisocial elements. Tosave DNT women from such harassment and to enquire into suchcases and to create a feeling of goodwill about them in society, it isdesirable that a Member each of the Commission for Women andof the State Commission for Women be appointed from amongstthe DNT women.

52. The Union Government has opened a new chapter in thehistory of the process of upliftment of socially and economicallydisadvantaged groups by constituting the National Commission forDenotified, Nomadic, and Semi-nomadic Tribes and by entrusting itthe task of making recommendations for the development of DNTsin the country. Considering the fact that the Denotified and NomadicTribes are the most marginalized and disadvantaged sections of oursociety, it is desirable that a regular National Commission for theDenotified and Nomadic Tribes is constituted to provideconstitutional safeguards to the members of the Denotified andNomadic Tribes like the National Commission for Scheduled Castesand the National Commission for Scheduled Tribes,’ and to aid andassist the Union and the State Government to review and monitorthe implementation of the recommendations of the National


Commission for Denotified and Nomadic Tribes. The NationalCommission may be created by an amendment in the Constitutionon the same lines as the National Commission for Scheduled Castesand the National Commission for Scheduled Tribes.

53. Considering their socio-economic conditions, which aregenerally worse than those, of the Scheduled Castes and theScheduled Tribes, it is suggested that they may be given constitutionalstatus and support on the same lines as given to the Scheduled Castesand the Scheduled Tribes under Article 341 and Article 342 of theConstitution. Accordingly, the Constitution may be amended byadding Article 342 A as follows:-

342-A. Scheduled Communities –(1)The President may with respect to any State or Union

Territory and where it is a State, after consultation with the Governorthereof, by public notification specify the castes, races or tribes orparts of or groups within castes, races or tribes which shall for thepurpose of this Constitution be deemed to be ScheduledCommunities (Denotified and National Nomadic Tribes), in relationto that State or Union Territory, as the case may be.

(2) Parliament may, by law, include in or exclude from the listof Scheduled Communities specified in a notification issued underclause (1) any caste, race or tribe or part of or group within anycaste, race or tribe, but have as aforesaid a notification issued underthe said clause shall not be varied by any subsequent notification.

54. Similarly, the Constitution may be amended to include“Scheduled Communities” under Article 330 and Article 332 toenable these communities to be eligible for reservation of seats inthe House of the People and in the Legislative Assemblies of theStates.

55. Simultaneously, Scheduled Communities (Denotified &Nomadic Tribes) which have been included in the list of ScheduledCastes and in the list of Scheduled Tribes may be excluded from theselists in-accordance with Article 341 (2) and Article 342 (2) of theConstitution. About such Scheduled Communities as have been

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included in the list of the OBCs may be excluded from such list inaccordance with the provisions of National Commission for BackwardClasses Act, 1993.

56. Considering the population of Denotified and NomadicTribes in the country and their non-participation in the democraticprocess, it is suggested that seats in every Gram Panchayat may bereserved for Scheduled Communities (Denotified and NomadicTribes) including women on the same lines and on the same principleas is being done for Scheduled Castes, Scheduled Tribes, and OtherBackward Classes (OBCs).

Similarly, seats may be reserved for Scheduled Communities(Denotified and Nomadic Tribes) in Block/Taluka Panchayats and Zi’.aPanchayats/Zila Parishads on the same lines and on the sameprinciple as is being done for Scheduled Castes.

57. A large population of Scheduled Communities (Denotifiedand Nomadic seats may be reserved in all the Urban Local Bodiesfor Scheduled Communities (S Coms) on the same lines and on thesame principle as is being done for Scheduled Castes to enable themto participate in the democratic process.

58. Considering the ‘Commission’s recommendations for aseparate DNT Sub-Plan, a separate Ministry/Department at theCentral Government level, a separate Fin;: nee & DevelopmentCorporation for DNTs at the national level, additional resources willhave to be provided in the Union Budget. In view of the continuingrobust growth in the collection of Government revenues, it may notbe difficult to provide budgetary support for. the welfare schemesto be launched for DNTs. This will also. hold good for the States/UTs.

59. To mobilize additional resources to improve the socio-economic conditions of DNTs, it is suggested that 10% of the fundsearmarked for M.P. Local Area Development Fund may be spent onschemes and programmes involving creation of physicalinfrastructure for the welfare of DNTs. This may include constructionof residential schools, hostels, vocational training centers, andpurchase of land and construction of houses for DNTs. Similar


arrangement may be made in respect of funds allocated to MLAs/MLCs in the States and Councilors in Urban Local Bodies.

60. It is a welcome development that the corporate world isincreasingly undertaking various welfare projects for the benefit ofthe poor in the discharge of their Corporate; Social Responsibility asa voluntary initiative. These projects include creation of facilities inthe field of healthcare, insurance, education, vocational training andhousing, etc., both in rural and urban areas. This may be a majorsource of non-governmental assistance which can be channelizedfor the welfare of DNTs in various parts of the country. It is suggestedthat the Union and State Governments may proactively encourageand motivate the growing private sector to take their support andcooperation to undertake need based projects for the welfare ofDNTs in particular.

61. If the resources still fall short of the requirement to fundthe welfare schemes and programmes for the DNTs, the Union andthe State Governments/UTs may impose a suitable cess like theeducation cess for generating additional resources.

62. It is also suggested that the schemes and programmes forthe welfare of DNTs may preferably be implemented on Public PrivatePartnership basis as far as possible. This will not only reduce thefinancial burden of the Government, but will also help in raising theefficiency of the delivery system to maximize the impact of welfareschemes for DNTs.

63. Nomadic Tribes are communities living unsettled overgenerations. However, times have changed and the communitieshave reached a dead end, where they cannot continue with theirwandering life style any more. The vanishing common propertyrights, improvement in infrastructure in the communication systemsand media have made the whole world a small village and havethrown these communities out of gear since they are not able tocontinue with their traditional sources of livelihood.

In order to provide sustainable livelihood to these completelyasset less people, top priority should be given to create new

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settlements there activities like housing, education and creation ofthe source of income will be started simultaneously. For this purpose,they should be settled on Government lands lying idle or on lands tobe acquired by the Government. The Government shouldimmediately bring into effect a ‘Right to Minimum Land Holding Act’according to which each Nomadic family (of not more than fivepersons, larger families getting more allocation in that proportion)may be allotted at least one acre of cultivable land on nominal leasebasis with assured irrigation.

Such Pattas may be allotted to SHGs of Nomadic Tribes in apooled manner for those who want to engage themselves in agro orprimary food production activities, on a non-transferable basis sothat the group together can create sustainable assets on the land,on a scientific basis, with proper training.

64. It is also suggested that the allotment of houses or plots oragricultural land may be allotted to DNTs on the condition that theallottees will not be able to transfer tie house, plot or agriculturalland to any person.

65. Since education is the cornerstone for the upliftment ofDNTs, the Ministry of HRD may earmark separate outlay for the DNTsfor the XI Five-Year Plan and monitor its utilization accordingly. Thiswill ensure focused attention of the Government on the educationof DNTs and the required flow of funds there for.

66. Presently, SCs, STs and OBCs are enjoying the benefit ofreservation in Government jobs. While some of the ScheduledCommunities (Denotified and Nomadic Tribes) being in the lists ofSCs, STs and OBCs are also eligible for such reservation, in effect,they are getting virtually no benefit as the comparatively better offand dominant castes in these lists take almost the entire benefit ofreservation. In order to enable the Scheduled Communities(Denotified and Nomadic Tribes) to enjoy the benefit of reservation,a separate percentage of reservation in Government jobs to be givento them on the same lines and on the same principle as is beinggiven to SCs and STs. It is estimated *hat their population is more


than ten crores. In view of this, it is suggested that the ScheduledCommunities be given 10% reservation in Government jobs even ifthe total reservation exceeds 50% as an integral part of theAffirmative Action programme for the socio-economic upliftmentof these communities.

67. During its visit to the States of Maharashtra and Gujarat,the Commission found that Section 63 of the Bombay Tenancy ofAgricultural Land Holding Act, 1948, infer alia, prohibits transfer ofland to non-agriculturists. In view of this provision, a member of theDenotified or Nomadic Tribe who is not an agriculturist cannotpurchase agricultural land for himself. Since most of the DNTs arenor-agriculturists, they are not able to purchase agricultural land forthemselves, ft is suggested that the State Governments may revisitsuch provisions and suitably amend the relevant provision to enableDNTs to purchase agricultural land-for their livelihood support. OtherStates/UTs may. also examine the relevant laws for a similar action.

68. The Commission also found that Rules regarding admissionto Agriculture Colleges in Maharashtra bar admission to AgricultureColleges if the applicant is not an agriculturist. Therefore, if applicantsbelonging to DNTs apply for admission to Agriculture Colleges donot get admission as they are not agriculturists. This Rule appears tobe unfair and needs to be changed to enable DNT applicants, mostof whom are non-agriculturists, to seek admission in the AgricultureColleges in the State.

69. A major handicap in enabling DNTs to take advantage ofvarious welfare schemes of the Central and State Governments isnot only their ignorance about such schemes but also lack initiative,Confidence courage and conviction due to their long standing socialexclusion. In such a situation, the implementing Government agencyat the grassroots needs to organize an aggressive sensitizationcampaign for them by visiting their settlements both in urban andrural areas familiarizing them about various welfare schemes andhelping them in preparing their applications, etc., forwarded to therelevant authorities, and thus ensuring that the maximum number

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of such applicants get the benefits of the welfare schemes.70. The Central and State Governments /UTs may promote the

setting up of a Community Service-cum-Information Centre for DNTsthrough an NGO with the objective of helping DNTs needing guidanceand counseling in the fields of education, health and employment.The Centre may be equipped with computers and latest literatureon the relevant welfare schemes. Experts available at the Centrewill especially, guide DNT youth in choosing the career options,acquiring skills for self-employment and availing bank credit eitherindividually or through Self Help Groups. The Centre may also beequipped with a toll free help-line.

71. Since DNTs and particularly, nomadic tribes, live and wanderin far flung areas, which are not easily accessible, it is suggested thatsuitable programmes regarding various welfare schemes beingimplemented by the Government are regularly broadcast in the locallanguage from the nearest All India Radio schemes beingimplemented. Similarly, a weekly TV programme may also beintroduced on the lines of Krishi Darshan by Doordarshan to sensitiseand familiarize the DNTs living in the urban and semi-urban areasabout various welfare schemes, etc., being implemented for them.

72. During its visit to various States, the Commission found thata large number of States (about seventeen)’have set up ResearchInstitutes for Scheduled Castes and Scheduled Tribes which undertakeresearch on various issues relating to SCs and STs also the evaluationof impact of various welfare schemes relating to their socio-economicdevelopment. It is suggested that similar Research Institutes shouldbe set up by the States/UTs for DNTs.

73. Considering the rich cultural heritage and the need topreserve it, it is recommended that a complex/Academy may be setup in every State/UT to develop, preserve and exhibit the diverseand rich cultural heritage of DNTs:- It will support and preserve arts,crafts, music, dance, folk-lore and indigenous knowledge systems ofDNTs for their further development.

74. The Commission during its field visits observed that in the


School Leaving Certificates of same students belonging to thenomadic tribes, the name of the caste of the student was written asBeggar or Bhikshuk or Firaste (Wanderer), etc. It may be becausethe parents of such students being illiterate do not know how to fillup the enrolment form and therefore, they request either theteachers or someone else to do the same, In such cases the teachers/middlemen write the name of caste of the students as per their ownunderstanding and knowledge. The result is that it becomes verydifficult for the students to get caste certificates from the competentauthority on the best of caste. It is, therefore, recommended thatthe name of the caste of the student (which was registered wrongly)should be corrected in the school records itself. For this, a request/application to the concerned school should come from the concernedstudent, approved by his/her caste panchayat or general body ofthe community.

5. DNTs are by and large asset less and jobless. To assist themeconomically, the following steps are recommended.

(i) Some communities (like Oddar, Od, Vadar, Bedar. etc.) havebeen traditionally associated with occupations related to lime workdigging earth carrying sand, mining, quarrying, and so on. Presentlyin many States/UTs, a large number of these people are engaged inconstruction industry as unorganized laborers in carrying, loadingand unloading of sand, cutting and crushing stones, etc. It issuggested that the State/UT Governments may organize Self HelpGroups (SHGs) and Cooperative Societies of these people and providethe above said jobs to their Self Help Groups and Cooperatives oncontract basis so that the concerned communities are assured of asustained living.

(ii) A large number of DNTs are engaged in rag picking in citiesand towns and are living in extremely unhygienic conditions with noknowledge and understanding of the aspects of safety in their jobs.It is suggested that the State/UT Governments may makearrangements to ensure safety and health of these people while theyare in their occupations dealing with hazardous waste material as a

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part of their occupation. It is also suggested that those who areengaged in collecting solid waste material may be given training inwaste recycling process and provided with support and assistanceto set up waste-recycling plants/units. The State Governments/UTsmay also provide access to the solid wastes to their SHGs andCooperatives free of charge.

It is further suggested that the waste paper from Governmentoffices may be sold to the SHGs or Cooperatives of the DNTcommunities through negotiation and not through Tender.

(iii). It has been observed that there are unused Governmentlands along the banks of rivers, ponds, dams, etc. Similarly, landsalong the highways are lying idle, it is suggested that such lands maybe allotted to DNTs on lease basis to enable them to grow crops,vegetables, plants and flowers and herbs, etc.

76. As stated earlier, a number of castes/communities fromamongst the Denotified, Nomadic and Semi-nomadic Tribes havebeen included in the lists of SCs, STs, and OBCs from time to time. Ithas been noticed that in many cases the same caste/communityhas been included in the list of SCs in one or more States, and thesame caste/community has been included in the lists of STs or OBCsin some other States and has not been included in any list at all insome States. Similarly, a caste/community has been included in onelist in some Districts of the State and in another list in some otherDistricts and in no list in the renaming Districts. This is not onlyunreasonable but also discriminatory .i-d iniquitous and has createdanger and dissatisfaction among various caste / communities in theCountry. Such examples ha\c been referred to in the chapter in‘Anomalies’, It is, therefore, strongly recommended that all suchanomalies be identified and corrected to ensure that a caste/community is in the same list in all the States and also within thesame State.

It has also been noticed that various Denotified, Nomadic andSemi-nomadic Tribes have been identified district-wise in the sameState. This is also unreasonable.

* * *


Comments of National Commission for Scheduled TComments of National Commission for Scheduled TComments of National Commission for Scheduled TComments of National Commission for Scheduled TComments of National Commission for Scheduled Tribesribesribesribesribeson 76 recommendations submittedon 76 recommendations submittedon 76 recommendations submittedon 76 recommendations submittedon 76 recommendations submitted

bybybybybyNational Commission for Denotified Nomadic and Semi-Nomadic TNational Commission for Denotified Nomadic and Semi-Nomadic TNational Commission for Denotified Nomadic and Semi-Nomadic TNational Commission for Denotified Nomadic and Semi-Nomadic TNational Commission for Denotified Nomadic and Semi-Nomadic Tribesribesribesribesribes

(NCDNSNT)(NCDNSNT)(NCDNSNT)(NCDNSNT)(NCDNSNT)

Subject: Comments of NCST required by Ministry of TribalAffairs on recommendation no 45, 47 & 76 related to MTA out oftotal 76 recommendations in its Report submitted by NationalCommission for Denotified Nomadic and Semi- Nomadic Tribes(NCDNSNT), constituted in March, 2005. Ministry of Social Justiceand empowerment has requested advice on NCST onrecommendation no 53 and 55 of the NCDNSNT’s Report.

I. Proposal in brief.Ministry of Tribal Affairs has requested the comments on the

following recommendations of NCDNSNT.45. The DNTs are also victims of atrocities like Scheduled Castes

committed by anti- social elements. It is, therefore, necessary thatthe Scheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Act, 1989 be, mutatis mutandis, made applicable to DNTsas well and the central assistance be granted to the States in thesame ratio as in the case of SCs and STs.

Similarly, special cells may be set up by the States for theimplementation of the above Act. To expeditiously prosecute casesunder this Act, the number of Special Courts be suitably increasedto effectively deal with the cases relating to DNTs.

47. It has been observed that in most of the cases of atrocitiescommitted against the DNTs the villagers or a group of villagers areinvolved and all the accused get acquitted due to lack of identificationand evidence. Hence it is recommended that whenever such a crimetakes place where all the villagers or a group of villagers are involved,the entire village should be collectively

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Punished , The punishment may be in the form of stopping orholding up the financial assistance, or loans which are supposed tocome to the village for at least 2/3 years.

76. As stated earlier, a number of castes/communities fromamongst the Denotified, Nomadic and Semi-nomadic Tribes havebeen included in the lists of SCs, STs, and OBCs from time to time. Ithas been noticed that in many cases the same caste/communityhas been included in the list of SCs in one or more States, and thesame caste/community has been included in the lists of STs or OBCsin some other States and has not been included in any list at all insome States. Similarly, a caste/community has been included in onelist in some Districts of the State and in another list in some otherDistricts and in no list in the remaining Districts. This is not onlyunreasonable but also discriminatory and iniquitous and has createdanger and dissatisfaction among various castes/communities in thecountry. Such examples have been referred to in the chapter in‘Anomalies’. It is, therefore, strongly recommended that all suchanomalies be identified and corrected to ensure that a caste/community is in the same list in all the States and also within thesame State.

It has also been noticed that various Denotified, Nomadic andSemi-nomadic Tribes have been identified district-wise in the sameState. This is also unreasonable. In an age of occupational mobility,if a family moves from one district to another, it should not mean aloss of status of that family. A typical example of this is the State ofU.P. It is, therefore, recommended that narrow area restrictions beremoved forthwith and castes/communities ordinarily be allowedto enjoy the same status throughout the State.

Ministry of Social Justice and Empowerment has asked foradvice of NCST on the following recommendations of NCDNSNT.

53. Considering their socio-economic conditions, which aregenerally worse than those of the Scheduled Castes and theScheduled Tribes, it is suggested that they may be given constitutionalstatus and support on the same lines as given to the Scheduled Castes


and the Scheduled Tribes under Article 341 and Article 342 of theConstitution. Accordingly, the Constitution may be amended byadding Article 342 A as follows:-

“342-A. Scheduled Communities –(1) The President may with respect to any State or Union

Territory and where it is a State, after consultation with the Governorthereof, by public notification specify the castes, races or tribes orparts of or groups within castes, races or tribes which shall for thepurpose of this Constitution be deemed to be ScheduledCommunities (Denotified and Nomadic Tribes), in relation to thatState or Union Territory, as the case may be.

(2) Parliament may, by law, include in or exclude from the listof Scheduled Communities specified in a notification issued underclause (1) any caste, race or tribe or part of or group within anycaste, race or tribe, but have as aforesaid a notification issued underthe said clause shall not be varied by any subsequent notification. “

55. Simultaneously, Scheduled Communities (Denotified &Nomadic Tribes) which have been included in the list of ScheduledCastes and in the list of Scheduled Tribes may be excluded from theselists in accordance with Article 341 (2) and Article 342 (2) of theConstitution. Also, such Scheduled Communities as have beenincluded in the list of the OBCs may be excluded from such list inaccordance with the provisions of National Commission for BackwardClasses Act, 1993.

II. Implication of the Recommendations45. In case of implementation of POA Act, 1989 to DNTs, then

the scope of this act will increase and its significance is lost. It will beharmful to the STs, in the sense that if atrocity is done by a DN tribeon a ST, in the current system, a case will be registered under POAAct, 1989 along with other sections of IPC, but as per thisrecommendation, the case will be registered under IPC only.

47. Generally STs and DNTs are living in remote villages and

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with this Recommendation; Govt. assistance to STs can be stoppedeven by filing false cases.

76. This recommendation will lead to reservation benefit tothose communities which have not faced the social or economicdeprivation.

53. The reservation benefit will exceed 50 % limit, which willhave negative effect on the society.

55. It will lead to recasting of complete reservation system.III. Proposed recommendation of the Commission onthe Draft O.M.

In the light of implications as stated above, the Commissionmay like to consider the following recommendations on differentrecommendations of NCDNSNT.

45. As data given by NCDNSNT in its report vide Para 3.2 and3.3, 97 % of DT and 84 % of NT population is already categorized asSC, ST or OBC, there is no need of it.

47. This problem can be addressed by having a member of DNTin Gram Sabha.

76. Declaration of any community as ST, SC or OBC is done onthe basis of their deprivation of Social or Economic rights in aparticular area. Therefore, declaration is area specific and can’t begeneralized. If any community is deprived of some rights uniformlythroughout the country, then it is declared like that.

53. As already mentioned, the NCDNSNT in its report havementioned in para 3.2 and 3.3 that majority of DNTs are alreadydeclared as ST, SC or OBC, there is no need of amendment ofConstitution.

55. In view of proposed recommendation for recommendationno. 53 of NCDNSNT, this is not required.

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NAC recommends inter-ministerial task force for DNTsempowered

Tags: Sonia Gandhi, National Advisory Council, Denotified

Nomadic and Semi-Nomadic TribesNew Delhi: As part of efforts to improve the socio-economic

condition of 11 crore Denotified, Nomadic and Semi-Nomadic Tribes(DNTs), the Sonia Gandhi-led NAC has recommended a separateIntegrated Infrastructural Development Programme and anempowered Inter-Ministerial Task Force.

It has also favoured special attention to them in the socio-economic caste census and UID projects that are underway.

The National Advisory Council led by Gandhi approved therecommendations of a Working Group in a meeting on Friday.

NAC member Narendra Jadhav is convenor of the workinggroup, which has recommended de-criminalisation of DNTs and aseries of administrative and legislative actions to achieve theobjective.

As part of strengthening institutional arrangements, the grouprecommended setting up an Empowered Inter-Ministerial Task Force(STF) for DNTs to be chaired by the Home Minister.

As enumeration and classification of DNTs is a first step towardsidentification of persons belonging to DNT communities, the workinggroup has said the DNTs should be given special focus in the socioeconomic caste census currently underway. It also said that theyshould get priority in the issuing of UID cards.

The NAC has also recommended reviewing the implementationof some of the existing legislations so as to provide safeguards for

Narendra Jadav

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DNTs from harassment by officials, and to ensure that safety,livelihoods and nomadic life style of DNT communities are protected.

A key recommendation is launching an umbrella scheme forthe socio-economic empowerment of DNTs with a special focus onthose DNTs who are classified as OBCs and those who are notclassified as SC/ST.

For those DNTs classified as Scheduled Castes/ Scheduled Tribes,a proportion is to be earmarked in SC Sub Plan and Tribal Sub Plancommensurate with their share in SC/ST population respectively, therecommendation said.

Recommendations have it that a set of new programmes underthe overall umbrella Scheme should be designed and implementedfor DNTs, especially in respect of education, housing, livelihood andskill education as well as Community Organisation and leadershipbuilding with special focus on women empowerment.

The Integrated Infrastructural Development Programme will beto provide basic amenities such as road, school, electricity, drinkingwater, community centres in the existing settlements of DNTs.

One of the recommendations asked for a national campaign toinform the DNT communities about their rights as SC/ST/OBC andto inform the public that violence and discrimination against thesecommunities and violations of their human rights is punishable underlaw.

In 2008, the National Commission for Denotified, Nomadic andSemi-Nomadic Tribes (NCDNSNT) of Ministry of Social Justice andEmpowerment had recommended equal reservations, as availableto Scheduled Castes and Scheduled Tribes, for around 11 crore peoplebelonging to the denotified, nomadic or semi-nomadic tribes inIndia.

(First Published: Sunday, April 22, 2012, 13:41)

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TTTTTwelfth Five Ywelfth Five Ywelfth Five Ywelfth Five Ywelfth Five Year Plan : Social Inclusion of the DNTear Plan : Social Inclusion of the DNTear Plan : Social Inclusion of the DNTear Plan : Social Inclusion of the DNTear Plan : Social Inclusion of the DNTsssss

Independent India announced a development package for theDNTs in the 12th five year Plan. This is being announced as a tentativeGross Budgetary Support of 32684 crore rupees, earmarked for theMinistry of Social Justice and Empowerment towards the welfareand development of SCs, OBCs, DNTs, PwDs and other vulnerablegroups.

Issues highlighted in the plan: Lac of authentic data and noCensus enumeration; Not able to avail the benefits because of nothaving caste certificates; quotas are exhausted by the non-nomadic/non de-notified communities in the reserved categories; Number ofStates has not prepared lists of the DNTs and status of DNT people isunknown in those states. Not having permanent residential locationsdue to various social, political and cultural reasons; and unable toavail the benefits of various Government schemes.

Measures being planned: To provide special and relevantsupport and facilities, within the existing facilities for ST, SC and OBCcategories as applicable; an effective plan for the socio, economicdevelopment and rehabilitation to be adopted and implemented

Education: Access to scholarships and hostel facilities, onPriority; revising existing schemes for scholarships and hostel facilitiesto cover DNTs.

Economic empowerment and development: Capacity buildingfor skill development and marketing; giving loans on priority basisthrough putting specific strategies and mechanisms in place to ensureflow of funds.

Skill development: The initiatives of the States and CentralGovernment need to give priority to cover the unemployed youthamong the DNTs with a view to provide them employable skills. The

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Finance and Development Corporations under the Ministry of SocialJustice and Empowerment will be tasked to address the skilldevelopment of the DNTs.

Social empowerment: Creating enabling environment so thatto utilise the reservation benefits in education and employment;Following an effective rehabilitative approach through establishinghabitations/villages.

Review of existing legislations: Scheduled Castes andScheduled Tribes (Prevention of Atrocities) Act, 1989; HabitualOffenders Act, 1952; The Prevention of Begging Act, 1959; TheBombay Prevention of Begging Act, 1959; Prevention of Cruelty toAnimals Act, 1986; Wildlife Protection Act, 1972 and the Forest(Conservation) Act, 1980; and Excise Law and so on need to bereviewed to ensure dignity and livelihood of DNTs.

Housing: A nation-wide survey of DNT settlements needs tobe conducted urgently, so that to form the basis, inter alia, forintroducing suitable shelter programme. Free or subsidised housingmay be provided to the eligible in a phased manner—by adoptingspecial measures like a ‘Rajasthan’s Gadaria Lohar CommunityHousing Scheme’; a proportion of the current outlay for Indira AwaasYojana (IAY) should be earmarked for DNTs, for assisting financiallyto construct dwelling units on priority under the on-going housingprogrammes of the Central Government.

Cluster Development Fund: Creating a Cluster DevelopmentFund for assisting construction of houses, providing land and forcreating infrastructure and planning.

Infrastructure planning: A suitable Action Plan for therehabilitation and infrastructure needs including basic amenities tobe prepared. An Integrated Infrastructure Development Programmeto be planned for providing basic amenities such as roads, schools,electricity, drinking water, community centres, in the existingsettlements and to develop proper clusters.

A brief extract of the contents in the original document by:National Alliance of DNT Movements

* * *


Masses Association for Self Sufficiency and Economic Security(MASSES) is a small grass root level voluntary social serviceorganization, registered in the year 1983, under the societyregistration act xxi of 1860. Registered with the Ministry of Homeaffairs, Government of India, under the Foreign ContributionRegulation Act in the year 1985, having Income tax exemption under12(a) and 80 (g).

‘MASSES’ is spearheading a people’s movement of De-Notifiedand Nomadic Tribes (DNTs) of India over the last two decades, forthe protection of Human rights and promotion of livelihoods, havingworking relations with the NGOs, CBOs and Individuals serving forthe cause of DNTs among 20 states of India. Responsible for thePromotion of National Alliance of DNT Movements (NADNTM) atthe National level and Andhra Pradesh Sanchaara Vimukta JaatulaSangham, at the State level ‘MASSES’ is involved in the leadershipbuilding of the DNT youth, through identifying and capacity buildingthrough training and orientation. Hand holding the leaders tounderstand the policy and legal issues, various recommendationsof the committees and commissions meant for the DNTs.

Empowering the leaders to educate, organize and mobilize theDNTs at grass roots for their rights along with enhancing theirnegotiation capacities, so that to access welfare and economicdevelopment schemes from the Government and Non Governmentsectors.

‘MASSES’ is the pioneer in South India to take up Research andDocumentation of DNT’s life, culture, traditions, languages, art formsand living conditions along with their issues and problems. Publishingreports, newsletters and books related to the DNTs in English andTelugu, having access to data and information from many sources inprint and digital media.

Identified potential partners in the 20 states of India, so that tobuild regional and national committees to take care of the DNT issuesat various levels, along with following up with the Planningcommission of India and Ministry of Social Justice and empowerment

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for the implementation of economic development packagesannounced during 12th Plan period. To highlight the demand toinclude Denotified and Nomadic Tribes in the Constitution of India;Pressurizing respective states to furnish Data and censes of the DNTsto the central Government.

Ultimately want to promote an independent movement of theNomads in the Asian region, by linking up with Romani movementin the Europe, so that to focus and address the issues of the nomadsat the global level.

M. Subba Rao HyderabadDirector 29-03-2013

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