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The
success of the Draft National Policy on Tribals of the Government
of India to a large extent will depend on strengthening of the National
Commission for Scheduled Tribes, implementation of the Civil Rights
Act and the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 and making
necessary budgetary allocations. However, the Draft National Policy
fails to make any reference to these issues and thereby ensuring
failure of the policy.
National Commission for Scheduled Tribes
The
bifurcation of the National Commission for Scheduled Tribes from
the National Commission for Scheduled Castes and Scheduled Tribes
under the 94th Amendment Act of the Constitution is a
welcome step. Although, the National Commission for Scheduled Tribes
has been created in August 2003, little measures in terms of budgetary
and staff allocations have been made to make the Commission functional.
One
of the duties assigned to the National Commission for Scheduled
Tribes and Scheduled Caste is to submit reports to the President
annually or at such other time as the Commission may deem fit, upon
the working of the safeguards. The Commission on Scheduled Castes
and Scheduled Tribes constituted after 65th Amendment Act has presented
four Annual Reports and four Special Reports to the President containing recommendations.
There is little information on the implementation of the recommendations
contained in these reports.
The SCs/STs Prevention of Atrocities Act, 1989
The Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989, the main Act to deal
with atrocities against members of Scheduled Castes and Scheduled
Tribes largely
remains unimplemented. Then Minister of State for Home Affairs,
Mr I D Swami informed the parliament on 23 April 2002 that over
28,000 incidents of crimes, including murder and rape, were committed
against Scheduled Castes and Scheduled Tribes across India during
2001. Mr Swami further informed that while 24,792 cases were reported
against Scheduled Castes, as many as 3,691 crimes were committed
against Scheduled Tribes. Madhya Pradesh topped the list in atrocities
against Scheduled Tribes with 1643 cases. The statistics
pertaining to the calendar year 2001 show that the States of Uttar
Pradesh (7356 cases), Madhya Pradesh (4336 cases), Rajasthan (1996
cases), Gujarat (1760 cases), Andhra Pradesh (1288 cases) and Orissa
(1125 cases), collectively accounted for 82.39% of total number
of 21,678 cases charge sheeted in the courts under the Act.
The
statistics are tip of the iceberg. Most offenses in rural areas
are not registered. Nonetheless, the statistics provided by the
government of India clearly establish that atrocities against the
indigenous and tribal peoples and the Dalits have been increasing:
34,799 cases were registered in 1999, 36,971 cases were registered
in 2000 and 39,157 cases were registered in 2001.
The majority of the States have failed to set up Special
Courts under the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989. As of 2 February 2003, exclusive Special Courts have
been set up only in Andhra Pradesh (12), Bihar (11), Chhatisgarh
(07), Gujarat (10), Karnataka (06), Madhya Pradesh (29), Rajasthan
(17), Tamil Nadu (04), Uttar Pradesh (40) and Uttranchal (01). The
remaining States and Union Territories have notified the existing
Courts of Sessions as Special Courts for the trial of offences under
the Act. As the courts in India are already over-burdened with 3.5 million and 40 thousand cases at the High
Courts level in 2002 according to the report of the Parliamentary
Standing Committee on Home Affairs, designation of the Court of
Sessions as Special Courts helps little and further adds to judicial
delay in India.
While
the statistics provided by the government of India state that the
courts disposed of respectively 12,864 cases in 1999, 11,237 cases
in 2000 and 16,203 cases in 2001, the conviction rate remains extremely low. Out of the 31,011 cases
tried under the Prevention of Atrocities Act in 1998, only a paltry
1,677 instances or 5.4% resulted in a conviction and 29,334 ended
in acquittal. In comparison, under the Indian Penal Code 39.4% of
cases ended in a conviction in 1999 and 41.8% in 2000.
Budgetary
allocations:
Without
the adequate budgetary allocations, no policy can be successful.
The Draft National Policy on Tribals is silent on the issue. In
the recent years, there has been sharp fall in budgetary allocations
for the Scheduled Tribes.
The
Joint Parliamentary Committee on the Welfare of Scheduled Caste
and Scheduled Tribes noted that keeping in view the approach and
objectives in the 9th Five Year Plan Ministry of Social
Justice & Empowerment projected its requirements of funds to
the level of Rs.33,358.16 crores on the basis of recommendations
of the expert groups. The Planning Commission reduced it to Rs.10,501
crores. It was again twice
reduced to the level of Rs.6608.13 crores.
The
Joint Parliamentary Committee also noted the declining trend in
the budget allocations for the various schemes for SCs/STs. The
Planning Commission restricted the allocation to Rs. 1350.00 crores
against the projection of Rs.1414.02 crores, thereby depriving the
benefits to indigenous peoples. The Annual Plan expenditure for 1998-99 has
also come down in comparison to the Budget Estimates for the year
1997-98.
Under the 10th Plan,
a total outlay of Rs. 1,754 crore (which excludes Rs. 2,500 crore
as SCA to TSP and Rs. 1,500 crore as Grants-in-Aid under Article
275(1), subject to changes) has been earmarked in the Central Budget
of the Ministry of Tribal Affairs. The 10th Plan also
brought down the number of the on-going schemes of the Ninth Plan
from 25 to 14 (10 Central Sector and 4 Centrally Sponsored Schemes)
for empowering the Tribals.
It
is essential that the Draft National Policy on Tribals provides
for specific measures for strengthening of the National Commission
for Scheduled Tribes by making it independent through legal and
operational autonomy, financial autonomy, appointment and dismissal
procedures and independence through composition, by developing mechanisms
for submission of Annual Reports to the President regularly and
implementation of the recommendations contained in these annual
reports.
The
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act of 1989 should be fully implemented by creating special courts
only dealing with offences under the Act. The government of India
should make necessary amendments to the Section 14 of the 1989 Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act to ensure
that it is the Central government and not the State government which shall specify
for each district a Court of Session to be a Special Court to try
offences under this Act and that the expenses for the functioning
of the Special Courts be accordingly borne by the Central government.
The government must also collect separate data on atrocities against
the Scheduled Tribes be collected and recorded in the light of the
separation of the National Commission for Scheduled Tribes.
(Concluded)
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