Indigenous peoples

India

Key information about indigenous peoples

 

Indigenous population: 104.300.000 Scheduled Tribes (8, 6% of the population)

Total population of the country: 1.210.726.932, according to Census of India 2011 

UNDRIP: signed in 2007.

ILO 169: not ratified.

Convention on Biological Diversity: signed: 05-06-1992; ratified: 18-02-1994; party: 19-05-1994

Indigenous Peoples in the constitution

Implicit recognition

THE CONSTITUTION OF INDIA  

Part X: The Scheduled and Tribal Areas, Art 244 – 244A, Administration of Scheduled Areas and Tribal Areas; Articles 341 about Scheduled Castes; Article 342 about Scheduled Tribes 

‘’The President, may with respect to any State or Union territory and where it is a State, after consultation with the Governor, thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State (or Union territory, as the case may be) ’’.

National legislation

 

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989

Abstract: ''An Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto’’. 11th September, 1989

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) Amendment act 2015

Abstract: “The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 to ensure more stringent provisions for prevention of Atrocities against Scheduled Castes and the Scheduled Tribes will be enforced with effect tomorrow''.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 

Abstract: ''The law concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India. It has several names: Forest Rights Act, the Tribal Rights Act, the Tribal Bill, and the Tribal Land Act’’.

THE PROVISIONS OF THE PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS) ACT, 1996 No.40 OF 1996 

Abstract: ''An Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas’’.

National institutions on Indigenous Peoples

 

MINISTRY OF TRIBAL AFFAIRS, Government of India

Mission: ''The Ministry was set up in 1999 after the bifurcation of Ministry of Social Justice and Empowerment with the objective of providing more focused approach on the integrated socio-economic development of the Scheduled Tribes (STs), the most underprivileged of the Indian Society, in a coordinated and planned manner. Before the formation of the Ministry, tribal affairs were handled by different Ministries at different points in time. The Ministry of Tribal Affairs is the nodal Ministry for overall policy, planning and coordination of programmes for development of ST’s. To this end, Ministry of Tribal Affairs has undertaken activities that follow from the subjects allocated under the Government of India (Allocation of Business) Rules, 1961.’’

National Commission for Scheduled Tribes, (Mandated in the Constitution of India, article 338A)

Abstract: ''The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST)'', 19 February, 2004. 

National Commission for Scheduled Castes

''National Commission for Scheduled Castes is committed to the full implementation of the various acts like the PCR Act, 1955 and SC and ST (POA) Act, 1989. The NCSC will endeavor to ensure that the economic development schemes for SC population are implemented as per guidelines and every penny of SCP/SCSP is spent appropriately exclusively for the benefit of Scheduled Castes. It also endeavors to ensure that reservations implemented at every level, strictly as per government rules and regulations. I solicit cooperation of all concerned in the matter. People may report the non-implementation of any rule to the NCSC without any fear''. 

Dr. P.L. Punia, Chairman, NCSC

Ministry of Panchayati Raj

Abstract: ''The Ministry of Panchayati Raj was created as a separate Ministry on 27th May 2004. It has the primary objective of implementation of Part IX of the Constitution, Panchayats in Fifth Schedule Areas and District Planning Committess. Since under the scheme of things in the Constitution, most of the actions including framing of laws rests with the State Government, the Ministry strives to reach its goals primarily through advocacy, and also through financial support''. 

Vision: To attain decentralised & participatory local self-government through Panchayati Raj Institutions (PRIs).

Mission: Empowerment, enablement & accountability of PRIs to ensure inclusive development with social justice, and efficient delivery of services.

Free prior and informed consent

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 

Abstract: ’The law concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India. It has several names: Forest Rights Act, the Tribal Rights Act, the Tribal Bill, and the Tribal Land Act’'.

Chapter III (e): ''The Free Informed Consent of the Gram Sabhas in the areas concerned to the proposed resettlement and to the package has been obtained in writting".

Special rapporteur & other key country reports

 

Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya, 2013. Indigenous Peoples in Asia

Abstract: ''The present report provides an overview of the main issues raised during the consultation within each of the thematic areas. It also contains a series of overarching conclusions and recommendations on the basis of the information received. The report presents the issues brought to the attention of the Special Rapporteur in general terms, without pointing out specific country examples at this time''.

ONU, Human Rights, country page – INDIA.