22-February-2025-Editorial

NATIONAL COMMISSION FOR SCHEDULED TRIBES (NCST)

The National Commission for Scheduled Tribes (NCST) celebrated its 22nd Foundation Day on 19th February 2025. The Commission plays a vital role in protecting the rights and welfare of Scheduled Tribes (STs).

About NCST

Origin and Evolution

• In 1992, a single commission was established for both Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Recognizing the unique challenges of STs, the 89th Constitutional Amendment Act (2003) separated the commissions.
• The NCST was officially formed on 19th February 2004 by amending Article 338 and inserting Article 338A into the Constitution.

Composition and Tenure

• Structure: The NCST consists of:

• Chairperson (Rank of Cabinet Minister).
• Vice-Chairperson (Rank of Minister of State).
• Three Members (One must be a woman).

• Appointment: Members are appointed by the President of India.
• Tenure: Members serve a three-year term, with a maximum of two reappointments.

Key Functions of NCST

• Monitoring and Safeguarding Rights: Ensures the protection of ST rights under constitutional provisions.
• Policy and Welfare Oversight: Reports to the President on the socio-economic status of STs.
• Advisory Role: Suggests improvements in tribal welfare programs and policies.
• Tribal Land Rights: Recommends implementation of Forest Rights Act, 2006, ensuring land ownership for tribals.
• Alternative Livelihoods: Proposes sustainable employment opportunities to reduce dependence on shifting cultivation.
• Implementation of PESA Act, 1996: Advocates for the strengthening of local self-governance in Scheduled Areas.

Challenges Faced by NCST

Lack of Financial and Administrative Autonomy

• The NCST operates under the Ministry of Tribal Affairs, limiting its independent functioning.
• Budgetary constraints restrict its ability to effectively monitor policies and programs.
• Article 338A(9) requires governments to consult NCST on policy matters affecting STs, but this is often ignored.

Manpower Shortages and Operational Issues

• The NCST has limited staff to review and evaluate tribal welfare schemes.
• Vacancies in key positions (like Chairperson and Members) reduce efficiency.
• Bureaucratic delays lead to prolonged case resolutions, weakening public confidence in the Commission.

Weak Enforcement Powers

• NCST’s recommendations are not legally binding, reducing its ability to protect ST rights.
• It receives numerous complaints about atrocities, land issues, and reservation violations, but lacks authority to take direct action.
• Government agencies are not legally obligated to follow NCST directives, reducing accountability.

Limited Awareness Among Tribals

• Many ST communities lack awareness about their rights and the role of NCST.
• NCST has a weak grassroots presence, making it difficult for tribals to approach the Commission for help.

Way Forward:

Enhancing Legal Authority

• The NCST should be empowered to impose penalties on violators, similar to the Central Information Commission (CIC) under the Right to Information Act, 2005.

Addressing Manpower Issues

• A separate cadre of officers should be created to fill vacancies and improve efficiency.
• Regular recruitment drives should be conducted to ensure adequate staffing.

Mandatory Consultation in Policy-Making

• The government must enforce Article 338A(9), making it compulsory for all ministries and states to consult NCST before making policies for STs.

Strengthening Grievance Redressal

• A dedicated grievance redressal system should be established to handle cases of violence, displacement, and rights violations.
• The Commission should actively follow up on complaints to ensure timely justice.

Expanding Outreach and Awareness

• Conduct awareness campaigns to educate STs about their rights and available legal protections.
• Strengthen regional offices and set up local helplines for easier access to NCST’s services.