Welfare: Indian Ministry Data

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This article has been sourced from an authoritative, official publication. Therefore, it has been ‘locked’ and will never be thrown open to readers to edit or comment on. After the formal launch of their online archival encyclopædia, readers who wish to update or add further details can do so on a ‘Part II’ of this article.

The source of this article

INDIA 2012

A REFERENCE ANNUAL

Compiled by

RESEARCH, REFERENCE AND TRAINING DIVISION

PUBLICATIONS DIVISION

MINISTRY OF INFORMATION AND BROADCASTING

GOVERNMENT OF INDIA

Welfare: Indian Ministry Data

IN the year 1985-86, the erstwhile Ministry of Welfare was bifurcated into the Department of Women and Child Development and the Department of Welfare. Simultaneously, the Scheduled Castes Development Division, Tribal Development Division and the Minorities and Backward Classes Welfare Division were moved from the then Ministry of Welfare. Subsequently, the name of the Ministry was changed to the Ministry of Social Justice & Empowerment in May, 1998. Further, in October, 1999, the Tribal Development Division had moved out to form a separate Ministry of Tribal Affairs. In January, 2007, the Minorities Division along with Wakf Unit have been moved out of the Ministry and formed as a separate Ministry and the Child Development Division has gone to the Ministry of Women & Child Development. At present, the Ministry of Social Justice and Empowerment is committed towards educational development, economic development and social empowerment of persons belonging to Scheduled Castes, Backward Classes, rehabilitation of persons with disabilities, victims of drug abuse, aged, etc.

WELFARE OF SCHEDULED CASTES

The Ministry of Social Justice & Empowerment is the nodal Ministry to oversee the interests of the Scheduled Castes. Though the primary responsibility for promotion of interests of the Scheduled Castes rests with all the Central Ministries in the area of their operations and the State Governments, the Ministry complements their efforts by way of interventions in critical sectors through specifically tailored schemes. Efforts made by State Governments and Central Ministries for protecting and promoting the interests of Scheduled Castes are also monitored.

Under the Scheduled Castes Development Bureau, the Ministry implements Scheduled Casts Sub-Plan (SCSP) which is an umbrella strategy to ensure flow of targeted financial and physical benefits from all the general sectors of development for the benefit of Scheduled Castes. Under the strategy, States/UTs are required to formulate and implement Special Component Plan (SCP) for Scheduled Castes as part of their Annual Plans by earmarking resources. At present, 27 States/UTs, having sizeable SC population are implementing Schedules Caste Sub-Plan. Another policy initiative for the development of Scheduled Castes is Special Central Assistance to Special Component Plan, in which cent percent assistance is given as additive to Schedules Caste Sub-Plan of the States/UTs on the basis of certain criteria such as SC population of the States/UTs, relative backwardness of the States/UTs, percentage SC families in the States/UTs, covered by composite economic development programmes in the State Plan to enable them to cross the poverty line, percentage of SCP to the Annual Plan as compared to SC population percentage of the States/UTs.

The National Scheduled Castes Finance and Development Corporation (NSFDC) set up under the Ministry provides credit facilities to persons belonging to scheduled castes living below double the poverty line limits (presently Rs.40,000/- p.a. for rural areas and Rs.55,000/- p.a. for urban areas), for income generating activities.

Another Corporation under the Ministry, viz. National Safai Karamcharis Finance & Development Cooperation (NSKFDC) provides credit facilities to beneficiaries, viz. Safai Karamcharis, scavengers and their dependents for income generating activities for socio-economic development through State Channelising Agencies.

The Ministry implements two acts for protecting the civil rights or the Scheduled Castes, viz.,

i. Protection of Civil Rights Act, 1955, and ii. The Scheduled Castes and the Scheduled Tribes (Prevention of Artocities Act, 1989). The Ministry also deals with the following important issues, with regard to Scheduled Castes Development : l Monitoring of point 11(a) of 20 point programme-Justice to Scheduled Castes. l Affirmative Action including reservation in private sector for Scheduled Castes and Scheduled Tribes.

CONSTITUTIONAL MEASURES

NATIONAL COMMISSION FOR SCHEDULED CASTES The National Commission for Scheduled Castes, a constitutional body, monitors the safeguards provided for Scheduled Castes and also reviews issues concerning their welfare. The Commission has wide powers to protect, safeguard and promote the interests of the SCs. The Commission has been conferred powers of a civil court trying a suit, to summon and enforce the attendance of any persons from any part of India and examining on oath, receiving evidence on affidavits. The Commission for Scheduled Castes has been reconstituted on 25 May 2007 for a period of three years.

NATIONAL COMMISSION FOR SAFAI KARMACHARIS

The National Commission for Safai Karmacharis, a statutory body has, inter-alia, been empowered to investigate into specific grievances as well as matters relating to implementation of programmes and schemes for the welfare of Safai Karmacharis. PROTECTION OF CIVIL RIGHTS ACT, 1955 AND SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 The Constitution contains several provisions in the nature of safeguards for the Scheduled Castes. The following two Acts specifically aim at curbing (i) untouchability and (ii) atrocities against SCs and STs, and are therefore very important for the Scheduled Castes:- 1. The Protection of Civil Rights Act, 1955, and 2. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Protection of Civil Rights Act, 1955 In pursuance of Article 17 of the Constitution of India, the Untouchability (Offences) Act, 1955 was enacted and notified on 8, May 1955. Subsequently, it was amended and renamed in the year 1976 as the "Protection of Civil Rights Act, 1955". Rules under this Act, viz. "The Protection of Civil Rights Rules, 1977" were notified in

1977. The Act extends to the whole of India and provides punishment for the practice of untouchability. It is implemented by the respective State Governments and Union Territory Administrations.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the POA Act) came into force with effect from 30.01.1990. This legislation aims at preventing commission of offences by persons other than Scheduled Castes and Scheduled Tribes against Scheduled Castes and Scheduled Tribes. Comprehensive Rules under this Act, titled "Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Rules, 1995" were notified in the year, 1995, which inter-alia, provide norms for relief and rehabilitation. The Act extends to whole of India except Jammu and Kashmir. The Act is implemented by the respective State Governments and Union Territory Administrations, which are provided due central assistance under the Centrally Sponsored Scheme for effective implementation of the provisions of the Act.

Committee to review implementation of PCR and POAActs The Parliamentary Committee on the Welfare of the Scheduled Castes and the Scheduled Tribes in its fourth Report (2006-2007) had inter-alia recommended that Ministry of Social Justice and Empowerment, Ministry of Home Affairs, National Commission for Scheduled Castes and National Commission for Scheduled Tribes should meet regularly to devise ways and means to curb atrocities and ensure effective administration of the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

In pursuance of this recommendation, a Committee for effective coordination to devise ways and means to curb offences of untouchability and atrocities against Scheduled Castes and Scheduled Tribes and effective implementation of the two Acts was set up under the Chairpersonship of Minister for Social Justice and Empowerment in March, 2006. Apart from other official members, the Committee has three non-official representatives from amongst Scheduled Castes and Scheduled Tribes, as members. The Committee has so far held nine meetings wherein 25 States and 4 Union Territories have been reviewed. The ninth meeting of the Committee was held on 6 February 2010 to review implementation of the two Acts in Gujarat, at Gandhinagar. Review of implementation of the PCR and POA Acts in Madhya Pradesh was also undertaken by the Minister for Social Justice and Empowerment at Bhopal on 27 October 2009.

EDUCATIONAL DEVELOPMENT

Post Matric Scholarship The objective of the scheme is to provide financial assistance to the Scheduled Caste students studying at post matriculation or post-secondary stage to enable them to complete their education. The financial assistance includes maintenance allowance, reimbursement of nonrefundable compulsory fee charged by educational institutions, Book Bank facility and other allowances. The scholarships are available for studying in India only and are awarded by the Government of the States/Union Territories to which the applicant actually belongs.

With effect from 1 April 2003 all post matric courses have been regrouped under 4 groups— I, II, III & IV. The income ceiling was enhanced to Rs. 1.00 lakh per annum and the maintenance and other allowances were raised accordingly. All the State Governments/UT Administrations have been advised to ensure that cash

payment of scholarship is avoided and the scholarship is paid to the students through Post Offices/Bank accounts and Smart Cards by opening accounts in the name of beneficiary.

Pre-Matric Scholarships for Children of those engaged in Unclean Occupation : The Scheme was started in 1977-78. Initially, the scheme covered only hostellers. Subsequently, in the year 1991, day scholars were also brought within the purview of the scheme. Under the scheme, financial assistance is provided for pre-matric education to children of the following target groups, viz. (i) scavengers of dry latrines, (ii) sweepers having traditional links with scavenging, (iii) tanners, and (iv) flayers, (v) manhole and open drain cleaners. Assistance under the scheme consists of two components, viz. (i) Monthly Scholarship (for 10 months) (ii) Annual ad hoc Grant (to cover incidental expenses like stationery, uniform. etc.) There is no income ceiling or caste restriction for eligibility. There are special provisions for students amongst largest group with disabilities. The scheme is implemented through State Governments. The scheme was revised in December 2008. Rajiv Gandhi National Fellowship Scheme : Effective from 1st April, 2010, the Scheme provides financial assistance to Scheduled Caste students for pursuing research studies leading to M. Phil., Ph.D. and equivalent research degree in universities, research institutions and scientific institutions. University grants Commission (UGC) is the nodal agency for implementing the scheme. 1,333 Research Fellowships (Junior Research Fellows) per year are awarded to Scheduled Caste Students. In case of non-availability of adequate number of Scheduled Caste candidates, the number of fellowships not availed during a year will be carried forward to the next academic session. In case, the number of candidates exceeds the number of available awards, the UGC selects the candidates based on the percentage of marks obtained by the candidates in their Post Graduation examination. National Overseas Scholarship National Overseas Scholarship is meant to provide assistance to selected Scheduled Caste, denotified, nomadic, semi-nomadic tribes, landless agricultural laborers and traditional artisans' students for pursuing higher studies of Master level courses and Ph.D. programmes abroad in specified fields of Engineering, Technology and Science only. The Scheme provides for fees charged by institutions as per actual, monthly maintenance allowance, passage visa fee and insurance premium, etc. annual contingency allowance, incidental journey allowance. Only one child of the same parents/guardians is eligible to get benefit under the Scheme. The prospective awardees should not be more than 35 years of age.

The income ceiling from all sources of the employed candidate or his/her parents/ guardians has been raised from Rs.18000/- per month to Rs.25,000/- per month. The number of awards has been enhanced from 20 to 30 from the selection year 2007-08 onwards. Thirty per cent of the awards have been earmarked for women candidates

from the selection year 2007-2008. If unutilized by women candidates, the awards may be available to male candidates belonging to Scheduled Castes etc. The rates of various components of scholarship have been enhanced. Upgradation of Merit for SC Students To upgrade the merit of Scheduled Castes students by providing them with facilities for their all-round development through education in residential schools, it is proposed to be done by (i) removing their educational deficiencies (ii) facilitating their entry into professional courses by upgrading their merit and (iii) generating self-confidence and self-reliance in them.

Scheduled Castes students studying from Class IX to Class XII, are the target group. 100 per cent Central assistance is provided to the States/UTs through a package grant of Rs.15,000/- per student per year for the purpose. Special allowance like readers allowance, transport allowance, escorts allowance etc. are given to students with disabilities.

Free Coaching for SCs and OBCs

Objective of the Scheme includes providing quality coaching for Group A and B examinations conducted by UPSC, SSC, Railway Recruitment Boards and the State Public Service Commissions, Officers' Grade examinations conducted by Banks, Insurance Companies and Public Sector Undertakings (PSUs) and training for Finishing courses/job-oriented courses for employment in the private sector like IT, Bio-technology etc. in need of soft skill as well. The scheme is implemented through the reputed coaching institutions/centres run by the State Governments/UT Administrations, Universities and the private sector organizations.

Babu Jagjivan Ram Chhatrawas Yojana

The object of the Scheme is to provide hostel facilities to SC boys and girls studying in middle schools, higher secondary schools, colleges and universities. The State Governments/Union Territory Administrations and the Central and State universities/institutions are eligible for Central assistance, both for fresh construction of hostel buildings and for expansion of the existing hostel facilities while NGOs and deemed universities in the private sector can avail the benefit only for expansion of their existing hostel facilities. In addition to the admissible Central assistance under the Scheme, one-time grant of Rs.2500 per student would also be provided for making provisions of a cot, a table and a chair for each student.

Dr. Ambedkar Foundation

The main objective of the Foundation inter alia include implementation of programmes and activities for furthering the ideology and message of Babasaheb Dr. Bhimrao Ramji Ambedkar among the masses in India as well as abroad. The foundation has been entrusted with the responsibility of managing, administering and carrying on the important and long-term schemes and programmes identified during the Centenary Celebrations of Bharat Ratna Dr. B.R. Ambedkar. The General Body is the Supreme Body of Dr. Ambedkar Foundation. It is headed by Hon'ble Minister of Social Justice and Empowerment. There are 11 ex-officio members

representing various disciplines of Education, Social Justice and Empowerment from amongst the eminent social workers, educationists, journalists etc. The Governing Body of the Foundation is vested with powers of direction, control and administration of the Foundation. It is headed by Hon'ble Minister of Social Justice and Empowerment with Secretary, Social Justice and Empowerment, Financial Adviser, SJ&E and Joint Secretary (SCD) as ex-officio members. There are also four nominated members among the members of General Body.

ECONOMIC EMPOWERMENT

Special Central Assistance to Scheduled Castes Sub Plan (SCSP) Special Central Assistance (SCA) to Scheduled Castes Sub Plan (SCSP) is a Central Sector Scheme, started in 1980, under which 100 per cent grant is given to the States/ UTs, as an additive to their Scheduled Castes Sub Plan (SCSP). The main objective is to give a thrust to family oriented schemes of economic development of SC families living below the poverty line. Salient features of the scheme - Funds under the scheme are provided as an additive to States/UTs implementing SCSP.

- Main thrust is on economic development of SC population in order to bring them above poverty line through self employment or training. - Amount of subsidy admissible under the scheme is 50 per cent of the project cost, subject to a maximum of Rs.10,000/- per beneficiary. - Upto 10 per cent of the total release to States/UTs can be utilized for infrastructure development in villages having 50 per cent or more SC population.

- At least 15 per cent of the SCA to be utilized by States/UTs for SC women. Assistance to State Scheduled Castes Development Corporations The Centrally Sponsored Scheme for participating in the equity share of the Scheduled Castes Development Corporation (SCDCs) in the ratio of 49:51 was introduced in 1979. At present, SCDCs are functioning in 27 States/UTs. The main functions of SCDCs include identification of eligible SC families and motivating them to undertake economic development schemes, sponsoring the schemes to financial institutions for credit support, providing financial assistance in the form of margin money at low rate of interest and subsidy in order to reduce the repayment liability and providing necessary tie up with other poverty alleviation programmes. The SCDCs are playing an important role in providing credit and inputs by way of margin money loans and subsidy to the target group. The SCDCs finance employment oriented schemes are covering; (i) Agriculture and allied activities including minor irrigation, (ii) Small Scale Industry, (iii) Transport and (iv) Trade and Service Sector. SCDCs finance projects by dovetailing loan component from NSFDC/banks along with margin money out of their own funds and subsidy out of Special Central Assistance (SCA).

National Scheduled Castes Finance and Development Corporation The National Scheduled Castes Finance and Development Corporation (NSFDC) was set up by the Government of India in February, 1989 under Section 25 of the Companies Act, 1958. The broad objective of NSFDC is to provide financial assistance

in the form of concessional loans to all the Scheduled Castes families living below Double the Poverty Line [presently Rs.40,000 per annum for rural areas and Rs.55,000 per annum for urban areas] for their economic development, uplift and economic empowerment through the various schemes.

The Authorized Share Capital of the Corporation is Rs.1,000 crores and Paid- Up Capital is Rs.521.00 crores. During 2009-10, Rs.44.00 crores was released as equity to the Corporation. During 1.4.2004 to 31. 12. 2009, the Corporation has disbursed an amount of Rs.845.00 crores covering 2.86 lakh beneficiaries. NSFDC functions through Channel Finance System in which the NSFDC concessional loans are routed to the beneficiaries through the State Channelizing Agencies (SCAs) appointed by the respective State Governments/Union Territory Administrations. Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS) Rehabilitation of manual scavengers and their dependents into alternative occupations is one of the components of the three—pronged strategy for eradication of manual scavenging. Earlier, a scheme called National Scheme for Liberation and Rehabilitation of Scavengers and their Dependents (NSLRS) was started to rehabilitate manual scavengers and their Dependents (NSLRS) in a time bound manner.

Voluntary Organizations Working for the Welfare of SC

The basic objective/purpose of the scheme of Grants-in-Aid to Voluntary Organizations is to provide financial assistance for undertaking projects for the development of the Scheduled Castes, so as to enable them to start income genearing activities on their own or get gainful employment. Financial assistance is provided under this Scheme to the extent of 90 per cent of total approved expenditure given to eligible voluntary organizations upto Rs.10 lakhs per project. Projects are in 39 areas of different activities, mostly relating to the educational and vocational sectors e.g. Mobile Dispensaries, Residential/Non-residential Schools, 10—bedded Hospitals, Computer Training Centres etc. GIA is provided for making payment etc. During the financial year 2009-10 (upto 31.12.09), Grant-in-Aid amounting to ` 4.64 Crores has been sanctioned/released to 98 voluntary organizations spread across the country benefiting 9285 beneficiaries.

National Safai Karamcharis Finance and Development Corporation National Safai Karamcharis Finance and Development Corporation (NSKFDC) extends concessional financial assistance to the Safai Karmchary beneficiaries for establishments 'Mahila Samriddhi Yojana'.

WELFARE OF BACKWARD CLASSES

The Backward Classes are those castes/communities that are notified as socially and educationally backward classes by the State Governments or those that may be notified as such by the Central Government from time to time. The ministry is mandated to look after the welfare of Backward Classes, by implementing the schemes for Backward Classes. The Ministry also deals with the National Backward Classes Commission (NCBC) which was set up in 1993. The Commission tenders advice to the Ministry in respect of castes, sub-castes, synonyms and communities for inclusion in/from the central list of Other Backward Classes. The National Commission for Economically Backward Classes has been reconstituted

with a mandate to submit its report within six months from the date of appointment of its Chairperson with specific Terms of Reference. The affairs of Backward Classes were looked after by the Backward Classes Cell (BCC) in the Ministry of Home Affairs prior to 1985. With the creation of a separate Ministry of Welfare in 1985 (renamed as Ministry of Social Justice and Empowerment on 25.5.1998), the matters relating to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBCs) and Minorities were transferred to the new Ministry. Consequent upon the creation of two separate ministries for Scheduled Tribes and Minorities, the subject matter pertaining to these two categories were transferred to the respective Ministries. The Backward Classes Division in the Ministry looks after the policy, planning and implementation of programmes relating to social and economic empowerment of OBCs. It also looks after matters relating to two institutions set up for the welfare of OBCs : National Backward Classes Finance and Development Corporation (NBCFDC) and the National Commission for Backward Classes (NCBC).

STATUTORY BODY

National Commission for Backward Classes : In pursuance of the Supreme Court Judgement popularly known as the Mandal Judgement (1992), the National Commission for Backward Classes was set up in 1993 as a permanent body for entertaining, examining and advising the Government on requests for inclusion and complaints of over-inclusion and under inclusion in the lists of Other Backward Classes (OBCs) of citizens. As per the provision of the Act, the advice tendered by the Commission shall ordinarily be binding upon the Government.

EDUCATIONAL DEVELOPMENT

Pre-matric Scholarships for OBCs : The Scholarships are awarded to the students belonging to OBCs whose parents’/guardians’ income from all sources does not exceed Rs.44,500 per annum. The scholarships are given to the students in class I or any subsequent class of pre-matric stage in the case of day scholars and class III or any subsequent class of pre-matric stage in the case of hostellers. The scholarship will terminate at the end of class X. The duration of the scholarship in an academic year is 10 months. The scholarship is tenable in such institutions and for such prematriculation courses, which have been duly recognised by the concerned State Government and Union Territory Administration. Under the scheme, 50 per cent Central assistance is provided to the State Governments and 100 per cent in case of UTs over and above the committed liability. An amount of Rs.30 crores was released under the scheme to 12 States during 2009-10 for covering 900 (approx.) beneficiaries (upto 31.12.2009).

Post-Matric Scholarships for OBCs : The objective of the scheme is to provide financial assistance to the OBC students studying at post-matriculation or post secondary stage to enable them to complete their education. These scholarships are available for studies in India only and awarded through the State Governments/ UT Administrations to which the applicant actually belongs. These scholarships are given for study in recognised institutions. Unemployed students whose parents/ guardians income from all sources does not exceed Rs. 44,500 per annum are entitled for scholarships under the scheme. Under the Scheme, 100 per cent Central assistance 1156 India 2012 is provided to State Governments/UT Administrations over and above the committed liability. An amount of . 135 crores was released under the scheme to 16 states/UTs for covering 800 (approx.) beneficiaries during the year 2009-10 (upto 31.12.2009). Hostels for OBC Boys and Girls : The scheme aims at providing better educational opportunities to students belonging to socially and educationally backward classes notified as such in the Central/State/UT lists of OBCs, generally referred to as Other Backward Classes (OBCs). Under the scheme, 50 per cent Central assistance is provided to the States and 100 per cent to UTs for constructions of hostels. These hostels are constructed for middle, secondary, college and university level students. The expenditure on procurement of land, staffing and other maintenance shall be borne by the State Governments/UT concerned. During 2009-10, an amount of ` 35 crores was released to 11 States/UTs for construction of 17 (upto December 2009) hostels and for covering 1050 seats.

Assistance to Voluntary Organisations for Welfare of OBCs : The objective of the scheme is to involve the voluntary sector for improving the educational and socio-economic conditions of the OBCs through skill upgradation and enables them to start income generating activities on their own or get gainfully employed. Under the Scheme, 90 per cent of approved expenditure in form of grant-in-aid is given to NGOs for running vocational training courses such as carpentry, computer, craft, electrician, motor winding and fitting, photography, printing, composing and bookbinding, type and shorthand and welding and fitter training, etc. An amount of Rs.5.00 crores was released in 2009-10 (upto 31.12.2009).

ECONOMIC DEVELOPMENT

National Backward Classes Finance and Development Corporation : The National Backward Classes Finance and Development Corporation (NBCFDC) provides credit facilities to beneficiaries whose annual income is less than double the poverty line for various income generation activities including implementation of Mahila Samridhi Yojana. The Corporation extended credit facilities to 1,32,108 beneficiaries.

RESERVATION IN SERVICES

Reservation is given to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) in services under the control of Government. Reservation is also provided to persons with disabilities and the ex-servicemen in certain categories of posts. The quantum of reservation for SCs, STs, and OBCs in direct recruitment on all-India basis by open competition is 15 per cent, 7.5 per cent and 27 per cent respectively. In direct recruitment on all-India basis otherwise than by open competition, reservation is 16.66 per cent for SCs, 7.5 per cent for STs and 25.84 per cent for OBCs. In case of promotion SCs and STs get reservation at the rate of 15 per cent and 7.5 per cent respectively. There is no reservation for OBCs is case of promotion. Three per cent of vacancies are kept reserved for persons with disabilities. Ten per cent of the vacancies in the posts of the level of Assistant Commandant in all paramilitary forces, 10 per cent of the vacancies in Group-C posts and 20 per cent of the vacancies in Group-D posts are reserved for the exservicemen.

Articles 341 and 342 of the Constitution define as to who would be the SCs and the STs with respect of any State or Union Territory. The Government has prepared a list of OBCs. The interstate area restrictions have been imposed so that the people belonging to the specific community residing in a specific area which has been assessed to qualify for SC, ST and OBC status only benefit from the facilities provided for them. Definition of ‘ex-servicemen’ for the purpose of getting reservation in services is contained in Ex-servicemen (Re-employment in Civil Services and Posts) Rules, 1979 and conditions for reservation to persons with disabilities are given under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

To ensure that reserved vacancies are filled by candidates belonging to appropriate category, certain relaxations and concessions like relaxation in upper age-limit, etc., are provided. Liaison officers have been appointed for SCs/STs and OBCs in each Ministry/Department to ensure proper implementation of reservation policy for them.

The representation of SCs/STs and OBCs in Central Government services as on 1 January 2005 is given below:

===Table begins===* Group Total SCs % STs % OBCs % A 80,589 9,551 11.9 3,448 4.3 3,791 4.7 B 1,39,958 19,194 13.7 6,230 4.5 3,252 2.3 C 20.36,103 3,33,708 16.4 1,31,678 6.5 1,19,968 5.9 D 7,67,224 1,40,469 18.3 55,032 6.9 32,973 4.3 (Excluding Sweepers) Sweepers 8,1174 48,067 59.2 4,012 4.9 1,834 2.3 Total 30,23,874 5,02,922 16.63 1,94,388 6.43 1,59,984 5.29 (Excluding Sweepers) Total 31,05,048 5,50,989 17.74 1,98,400 6.39 1,61,818 5.21 (Including Sweepers)

===Table ends===*

The Scheme of reservation is being followed by public sector undertakings including nationalised public sector banks. State governments have also provided for reservation of posts for SCs, STs and OBCs, etc., and have taken steps to increase their representation in State services. Reservation in State government services, however, is under the exclusive jurisdiction of respective State Governments. WELFARE OF PERSONS WITH DISABILITIES As per Census 2001, there are 2.19 crore persons with disabilities and they constitute 2.13 per cent of the total population of the country. These include persons with visual, hearing, speech, locomotors and mental disabilities. The Constitution of India ensures equality, freedom, justice and dignity of all individuals and implicitly mandates an inclusive society for all including the persons

with disabilities. The Constitution in the schedule of subjects lays direct responsibility of empowerment of persons with disabilities on the State Governments. Therefore, the primary responsibility to empower the persons with disabilities rests with the State Governments.

India is a signatory to the Declaration on the Full Participation and Equality of People with Disabilities in the Asia Pacific Region External website that opens in a new window. India is also a signatory to the Biwako Millennium Framework for action towards an inclusive, barrier free and rights based society. India signed the UN Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities External website that opens in a new window on 30th March, 2007, the day it opened for signature. India ratified the UN Convention on 1st October, 2008. For the marginalised sections of the society, National Policy for Persons with Disabilities has been finalised in 2005. The policy focuses on the prevention of disabilities, the physical and economic rehabilitation measures for disabled persons. The policy is to be implemented by Government and other agencies. Various steps have also been taken in the past for welfare and rehabilitation of persons with disabilities.

Persons with Disabilities Act, 1995

A comprehensive law, namely, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 has been enacted and enforced in February 1996. The law deals with both prevention and promotion aspects of the rehabilitation such as education, employment and vocational training, creation of barrier-free environment, provision of rehabilitation services for persons with disabilities, institutional services and supportive social security measures like unemployment allowance and grievance redressal machinery both at the Central and State-Level.

National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities: The National Trust is a statutory body under “The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999”. The main objectives of the Trust are to enable and empower persons with these disabilities to live independently as fully as possible, to extend support to registered organisations providing need-based services and to evolve procedures for appointment of legal guardians for persons with disabilities requiring such protection.

Office of the Chief Commissioner for Persons with Disabilities : The Chief Commissioner is an important statutory functionary, appointed under Section 57 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The functions and duties of the Chief Commissioner include coordinating the work of State Commissioners for persons with disabilities, monitoring of utilisation of funds disbursed by the Central Government, taking steps to safeguard rights and facilities made available to persons with disabilities and also to look into complaints with respect to deprivation of rights of persons with disabilities. The Chief Commissioner can also take suo motu notice of non-implementation of any rule, law, etc, meant for persons with disabilities and is vested with the powers

of a civil court relating to summoning of witness, discovery, requisitioning and production of any document, etc. Rehabilitation Council of India The Rehabilitation Council of India is a statutory body set up under the Rehabilitation Council of India Act, 1992. The Council is responsible for regulating the training policies and programmes for various categories of professionals in the area of rehabilitation and special education. Its functions include: (i) standardisation and regulation of training courses at different levels in all the training institutions throughout the country, (ii) recognition of institutions/universities running training courses in the area of rehabilitation of the disabled within and outside the country on a reciprocal basis, (iii) promotion of research in rehabilitation and special education, (iv) maintenance of a Central Rehabilitation Register for professionals possessing the recognised rehabilitation qualifications in the area of rehabilitation, and (v) encouragement of Continuing Rehabilitation Education programmes in collaboration with organisations working in the area of disability.

National Institutes

In order to effectively deal with the multi-dimensional problem of the disabled population, the following National Institutes/apex level Institutes have been setup in each major area of disability; (i) National Institute for the Visually Handicapped, Dehradun, (ii) National Institute for Orthopedically Handicapped, Kolkata, (iii) Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai, (iv) National Institute for the Mentally Handicapped, Secunderabad, (v) National Institute of Rehabilitation Training and Research, Cuttack, (vi) Institute for the Physically Handicapped, New Delhi, (vii) National Institute for Empowerment of Persons with Multiple Disabilities, Chennai.

These institutes are mainly responsible for conducting innovative researches, organise training programmes for manpower development and deliver services in the country. Artificial Limbs Manufacturing Corporation of India : The Artificial Limbs Manufacturing Corporation of India (ALIMCO), Kanpur is a public sector body, engaged in manufacturing of aids and appliances for persons with disabilities. The products manufactured by the Corporation conform to ISI standards approved by the Bureau of Indian Standards. Marketing of products is done through Regional Marketing Centres at Kolkata, Mumbai, Chennai, Bhubaneswar and Delhi and also through National Institutes, voluntary organisations.

Composite Regional Centres and Regional Rehabilitation Centres : Five Composite Regional Centres (CRCs) for the Persons with Disabilities are located at Srinagar, Lucknow, Bhopal, Sundernagar and Guwahati. These centres conduct training programmes to prepare professionals in the field of rehabilitation as well as provide rehabilitation services to the disabled. Four Regional Rehabilitation Centres for Spinal Injuries and other Orthopaedic Disabilities at Mohali, Cuttack, Jabalpur and Bareilly are providing services for basic management and follow-up of the spinally injured so as to make the affected persons functionally independent.

ECONOMIC DEVELOPMENT

National Handicapped Finance and Development Corporation : The National Handicapped Finance and Development Corporation (NHFDC) is an apex-level financial institution for extending credit facilities to persons with disabilities for their economic development. Funds assistance is disbursed through the channelising

agencies authorized by the State Governments/UT Administrations and Non- Government Organisations. It also extends loans for pursuing education at graduate and higher levels. Besides, it assists in the upgradation of technical and entrepreneurial skills to enable beneficiaries to manage their production units efficiently. Scheme for Assistance to Disabled Persons for Purchase/Fitting of AIDs and Appliances : The objective of the Scheme is to assist needy and disabled persons in procuring-durable, sophisticated and scientifically manufactured, standard aids and appliances that can promote their physical, social and psychological rehabilitation by reducing the impact of disability and enhancing their economic potential. The scheme is implemented through agencies like voluntary organisations, National Institutes under the Ministry, ALIMCO, Zila Panchayats, DRDAs, etc. The implementing agencies are provided grant-in-aid for purchase, fabrication and distribution of aids and appliances. The scheme also includes under its ambit medical/surgical correction and intervention that may be essential prior to figment of aids and appliances.

SOCIAL DEFENCE

The Ministry of Social Justice & Empowerment as the name suggests, is meant to ensure equitable treatment to such sections of society who have suffered social inequalities, exploitation, discrimination and injustice. The Social Defence Bureau of the Ministry caters to the requirements of : l neglected and marginalized people, l abandoned destitutes, l neglected and delinquent juveniles who need care and protection for want of support or are in conflict with the society or the law, l the drug addicts and offenders, l the aged and a host of the others who need special care, protection and support. The programmes and the policies of the Bureau aim at equipping this group to sustain a life of respect and honour and to become useful citizens. In this process, the Bureau plays the role of a catalyst and has promoted voluntary action. The State Governments, autonomous bodies, NGOs and even the corporate world are involved in formulating and implementing the policies. All the programmes are meant to aid, prevent neglect, abuse and exploitation and provide assistance to those deprived and mainstream them. In the areas of Social Defence, the Ministry is committed towards welfare of Older Persons and rehabilitation of Drug Addicts. The programmes for the targeted groups are as follows : National Policy for Older Persons : The National Policy for Older Persons (NPOP) was announced in January 1999, with the primary objective to encourage individuals to make provision for their own as well as their spouse’s old age; to encourage families to take care of their older family members; to enable and support voluntary and non-governmental organisations to supplement the care provided by the family; to provide care and protection to the vulnerable elderly people, to provide health care facility to the elderly; to promote research and training facilities to train geriatric

care givers and organisers of services for the elderly; and to create awareness regarding elderly persons to develop them into fully independent citizens. National Council for Older Persons (NCOP) : The Government has re-constituted National Council for Older Persons (NCOP) to advise and aid the Government on developing policies and programmes for older persons. It provides feedback to the Government on the implementation of the National Policy on Older Persons and the specific initiatives for older persons. The NCOP is the highest body to advise and coordinate with the Government in the formulation and implementation of policy and programmes for the welfare of the aged. Integrated Programme for Older Persons : Under this scheme, financial assistance upto 90 per cent of the project cost is provided to NGOs for establishing and maintaining Old Age Homes, Day Care Centers, Mobile Medicare Units and to provide non-institutional services to older persons. Prevention and Rehabilitation of Drug Addicts/Alcoholics : Under the Scheme, Grant-in-aid to the extent of 90 per cent (95 per cent in North East States, J & K and Sikkim) of the expenditure is provided to voluntary organisations for rehabilitation of drug addicts and alcoholics.

Assistance to Voluntary Organisation for Social Defence Services : It provides for undertaking programmes for the rehabilitation of various social segments at risk not currently covered under the existing schemes of the Ministry. In particular, the scheme provides for Pilot Projects in unchartered areas in which the Ministry may like to formulate independent programmes in due course. A number of programmes are being supported for rehabilitation of children of sex workers. Initiatives have also been taken to support projects for rehabilitation of widows and for providing counselling and support to traumatised children and women particularly those who have been victims of physical violence and sexual abuse.

DEVELOPMENT OF SCHEDULED TRIBES

The tribal people of India, who come under the category of ‘Scheduled Tribes’ (STs) in terms of the provisions of the Constitution of India, number 8.43 crore, constituting 8.2 per cent of the population of the country (Census 2001). Scheduled Areas and Tribal Areas : Scheduled Tribes live in contiguous areas unlike other communities. It is, therefore, much simpler to have an area-approach for development activities and also regulatory provisions to protect their interests. In order to protect the interests of Scheduled Tribes with regard to land alienation and other social factors, provisions of ‘‘Fifth Schedule" and ‘‘Sixth Schedule" have been enshrined in the Constitution. The Fifth Schedule under Article 244(1) of Constitution defines Scheduled Areas as such areas as the President may by order declare to be Scheduled Areas after consultation with the Governor of the State. The Sixth Schedule under Article 244 (2) of the Constitution relates to those areas in the States of Assam, Meghalaya, Tripura and Mizoram which are declared as ‘‘Tribal Areas" and provides for District Councils and/or Regional Councils for such Areas. These Councils have been conferred with wide ranging legislative, judicial and executive powers.

The Fifth Schedule Areas : The criteria for declaring any area as a ‘‘Scheduled Area" under the Fifth Schedule are : (a) Preponderance of tribal population, (b) Compactness and reasonable size of the area, (c) A viable administrative entity such

as a district, block or taluk, and (d) Economic backwardness of the area as compared to neighbouring areas. The specification of ‘‘Scheduled Areas’’ in relation to a State is done by a notified Order of the President, after consultation with the State Governments concerned. The same applies for altering, increasing, decreasing, incorporating new areas, or rescinding any orders relating to ‘‘Scheduled Areas’’. The advantages of Scheduled Areas are that : (a) The Governor of a State, which has Scheduled Areas, is empowered to make regulations in respect of the following: (i) Prohibit or restrict transfer of land from tribal people; (ii) Regulate the business of money lending to the members of Scheduled Tribes. In making any such regulation, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State, which is applicable to the area in question. (b) The Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State, shall not apply to a Scheduled Area or any part thereof in the State or shall apply to such area subject to such exceptions and modifications as he may specify. (c) The Governor of a State having Scheduled Areas therein, shall annually, or whenever so required by the President of India, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said area. (d) Tribes Advisory Council (TAC) shall be established in States having Scheduled Areas. The role of TAC is to advise the State Government on matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to it by the Governor. The TAC will consist of not more than twenty members of whom about 3/4 are from ST-MLAs. The TAC may also be established in any State having Scheduled Tribes but not Scheduled Areas on the direction of the President of India. (e) The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), vide which the provisions of Panchayats, contained in Part IX of the Constitution, were extended to Scheduled Areas, also contain special provisions for the benefit of Scheduled Tribes. The Sixth Schedule - Tribal Areas : The Sixth Schedule under Article 244 of the Constitution identifies autonomous districts in the Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. It also makes provisions for recognition of Autonomous Regions within these Autonomous Districts. These have been specified in Parts I, II, IIA & III of the table appended to paragraph 20 of the Sixth Schedule. In other words, areas where provisions of Sixth Schedule are applicable are known as Tribal Areas. The State-wise details of Tribal Areas are as under :- ===Table begins===* Part-I Assam 1. The North Cachar Hills District 2. The Karbi-Anglong District 3. The Bodo Land Territorial Area Districts Part II Meghalaya 1. Khasi Hills District 2. Jaintia Hills District 3. The Garo Hills District Part IIA Tripura Tripura Tribal Areas District Part III Mizoram 1. The Chakma District 2. The Mara District 3. The Lai District ===Table ends===*

The District or Regional Councils are empowered to make rules with the approval of the Governor with regard to matters like establishment, construction or management of primary schools, dispensaries, markets, cattle ponds, ferries, fisheries, roads, road transport and water ways in the district. The Autonomous Councils of the North Cachar Hills and Karbi Anglong have been granted additional powers to make laws with respect to other matters like secondary education, agriculture, social security and social insurance, public health and sanitation, minor irrigation etc. The Councils have also been conferred powers under the Civil Procedure Code and Criminal Procedure Code for trial of certain suits and offences, as also the powers of a revenue authority for their area for collection of revenue and taxes and other powers for the regulation and management of natural resources. PROCEDURE FOR DECLARATION AS ST The term Scheduled Tribes is defined in the Constitution of India under Article 366(25) as such tribes or tribal communities or parts of groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution. Article 342 prescribes the procedure to be followed in the matter of specification of Scheduled Tribes. In terms of Article 342(1), the President may, with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, notify tribes or tribal communities or parts thereof as Scheduled Tribes. This confers on the tribe or part of it a constitutional status invoking the safeguards provided for in the Constitution, to these communities, in their respective States/UTs. Thus, in terms of Article 342(1), only those communities who have been declared as such by the President through an initial public notification will be considered as Scheduled Tribes. Any further amendment in the list is to be done through an Act of Parliament (Article 342(2)). Parliament may, by law, include in or exclude from the list of Scheduled Tribes, any tribe or tribal community or parts of thereof.

The list of Scheduled Tribes is State-specific. In other words, a community declared as Scheduled Tribe in one State need not be so in another State.

SCHEDULING AND DE-SCHEDULING OF TRIBES

Thus, the first specification of Scheduled Tribes in relation to a particular State/ Union Territory is by a notified order of the President, after consultation with the State Governments concerned. The above Article also provides for listing of Scheduled Tribes State-wise/UT-wise and not on an all-India basis. The criteria generally adopted for specification of a community as a Scheduled Tribe are : (a) indications of primitive traits; (b) distinctive culture; (c) shyness of contact with the community at large; (d) geographical isolation i.e. backwardness. These are not spelt out in the Constitution but have become well established. They take into account the definitions in the 1931 Census, the reports of the first Backward Classes Commission (Kalelkar) 1955, the Advisory Committee on Revision of SC/ ST lists (Lokur Committee) 1965 and the Joint Committee of Parliament on the Scheduled Castes and Scheduled Tribes Orders (Amendment) Bill, 1967 (Chanda Committee) 1969.

There are over 700 tribes (with many of them overlapping in more than one State) as notified under Article 342 of the Constitution of India, spread over different States and Union Territories of the country. It is worth noting that no community has been specified as a Scheduled Tribe in relation to the States of Haryana and Punjab and the Union Territories of Chandigarh, Delhi and Puducherry.

ASCERTAINING ST STATUS OF INDIVIDUALS

General Where a person claims to belong to a Scheduled Tribe by birth, it should be verified: (a) that the person and his parents actually belong to the community claimed; (b) that the community is included in the Presidential Order specifying the Scheduled Tribes in relation to the concerned State; (c) that the person belongs to that State and the area within that State in respect of which the community has been scheduled; (d) he may profess any religion; (e) that he or his parents/grandparents, etc., should be permanent resident of the State/UT on the date of notification of the Presidential Order applicable in his case; (f) a person who is temporarily away from his permanent place of residence at the time of the notification of the Presidential Order--applicable in his case, say for example to earn a living or seek education, etc. can also be regarded as a Scheduled Tribe, if his tribe has been specified in that order in relation to his home State/Union Territory; (g) but he cannot be treated as such in relation to the place of his temporary residence notwithstanding the fact that the name of his tribe has been scheduled in respect of that State where he is temporarily settled, in any Presidential Order; (h) in the case of persons born after the date of notification of the relevant Presidential Order, the place of residence for the purpose of acquiring Scheduled Tribe status, is the place of permanent abode of their parents at the time of the notification of the Presidential Order under which they claim to belong to such a tribe. This does not apply to the STs of the Lakshadweep Islands for whom there is a requirement of being born in the U.T. in order to be eligible for ST status. Scheduled Tribe claims on migration i) Where a person migrates from the portion of the State in which his/her community is scheduled, to another part of the same State in respect of which his/her community is not scheduled, the person will continue to be deemed to be a member of the Scheduled Tribe, in relation to that State ii) Where a person migrates from one State to another, he can claim to belong to a Scheduled Tribe only in relation to the State to which he originally belonged and not in respect of the State to which he has migrated. Scheduled Tribe claims through marriages The guiding principle is that no person who is not a Scheduled Tribe by birth will be deemed to be a member of Scheduled Tribe merely because he or she has married a person belonging to a Scheduled Tribe. Similarly, a person who is a member of a Scheduled Tribe will continue to be a member of that Scheduled Tribe, even after his or her marriage with a person who does not belong to a Scheduled Tribe. Issue of Scheduled Tribe certificates The candidates belonging to Scheduled Tribes may get Scheduled Tribe certificates, in the prescribed form, from any one of the following authorities: (1) District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/ Additional Deputy Commissioner/Deputy Collector/1st Class Stipendiary Magistrate/City Magistrate/Sub Divisional Magistrate/Taluka Magistrate/

Executive Magistrate/Extra Assistant Commissioner [not below the rank of 1st Class Stipendiary Magistrate]. (2) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate. (3) Revenue Officers not below the rank of Tehsildar. (4) Sub-Divisional Officer of the Area where the candidate and/ or his family normally resides. (5) Administrator/Secretary to the Administrator/ Development Officer (Lakshadweep Islands). Punishments for officials issuing Scheduled Tribe Certificates without proper verification Action is to be taken under the relevant provisions of the Indian Penal Code if any official is found to have issued a Scheduled tribe certificate carelessly and without proper verification. This will be in addition to other action to which they are liable under the appropriate disciplinary rules applicable to them. Liberalization of procedure for issue of Scheduled Tribe certificates to migrants from other States/Union Territories

Persons belonging to a Scheduled Tribe who have migrated from one State to another for the purpose of employment, education etc. experience great difficulty in obtaining ST certificates from the State from which they have migrated. In order to remove this difficulty, it has been decided that the prescribed authority of a State Government/Union Territory Administration may issue a Scheduled Tribe certificate to a person who migrated from another state, on the production of the genuine certificate issued to his father/mother by the prescribed authority of the State of the father/mother’s origin except where the prescribed authority feels that a detailed enquiry is necessary through the state of origin before issue of the certificate. The certificate will be issued irrespective of whether the tribe in question is scheduled or not in relation to the State/Union Territory to which the person has migrated. Procedure for inclusion in or exclusion from the list of Scheduled Tribes In June 1999, the Government approved modalities for deciding claims for inclusion in, or exclusion from, the lists of Scheduled Tribes. According to these approved guidelines, only those claims that have been agreed to by the concerned State Government, the Registrar General of India and the National Commission for Scheduled Castes and Scheduled Tribes will be taken up for consideration. Whenever representations are received in the Ministry for inclusion of any community in the list of Scheduled Tribes of a State/UT, the Ministry forwards that representation to the concerned State Government/UT Administration for recommendation as required under Article 342 of the Constitution. If the concerned State Government recommends the proposal, then the same is sent to the Registrar General of India (RGI). If RGI is satisfied with recommendation of the State Government and recommends the proposal to the Central Government, the Government refers the proposal to the National Commission for Scheduled Tribes for their recommendation. If the National Commission for Scheduled Tribes also recommends the case, the matter is processed for the decision of the cabinet after consulting the concerned administrative Ministries. Thereafter, the matter is put up before the Parliament in the form of a Bill to amend the Presidential Order.

GENERAL STATISTICS

According to the 2001 Census, the population of Scheduled Tribes in the country was 8.43 crore - i.e., constituting 8.2 per cent of the total population of the country.

DEMOGRAPHIC STATISTICS : 2001 CENSUS ===Table begins===* S. No. India/State Total population ST Population Percentage of

STs to total

population in

the State

1 Mizoram 888,573 839,310 94.5

2 Lakshadweep 60,650 57,321 94.5

3 Nagaland 1,990,036 1,774,026 89.1

4 Meghalaya 2,318,822 1,992,862 85.9

5 Arunachal Pradesh 1,097,968 705,158 64.2

6 Dadra and Nagar Haveli 220,490 137,225 62.2

7 Manipur 2,166,788 741,141 34.2

8 Chhattisgarh 20,833,803 6,616,596 31.8

9 Tripura 3,199,203 993,426 31.1

10 Jharkhand 26,945,829 7,087,068 26.3

11 Odisha 36,804,660 8,145,081 22.1

12 Sikkim 540,851 111,405 20.6

13 Madhya Pradesh 60,348,023 12,233,474 20.3

14 Gujarat 50,671,017 7,481,160 14.8

15 Rajasthan 56,507,188 7,097,706 12.6

16 Assam 26,655,528 3,308,570 12.4

17 J&K 10,143,700 1,105,979 10.9

18 Maharashtra 96,878,627 8,577,276 8.9

19 Daman and Diu 158,204 13,997 8.8

20 Andaman and Nicobar 356,152 29,469 8.3

21 Andhra Pradesh 76,210,007 5,024,104 6.6

22 Karnataka 52,850,562 3,463,986 6.6

23 West Bengal 80,176,197 4,406,794 5.5

24 Himachal Pradesh 6,077,900 244,587 4.0

25 Uttarakhand 8,489,349 256,129 3.0

26 Kerala 31,841,374 364,189 1.1

27 Tamilnadu 62,405,679 651,321 1.0

28 Bihar 82,998,509 758,351 0.9

29 Uttar Pradesh 166,197,921 107,963 0.1

30 Goa 1,347,668 566 0

31 Haryana 21,144,564 0 0

32 Punjab 24,358,999 0 0

33 Chandigarh 900,635 0 0

34 Delhi 13,850,507 0 0

35 Puducherry 974,345 0 0

India 1,028,610,328 84,326,240 8.2

The tribal population are normally seen to be living in the following three categories of locations:

1. North-Eastern Arunachal Pradesh, Assam, Manipur, Meghalaya, Region (NER) Mizoram, Nagaland, Tripura and Sikkim. 2. Central Tribal Rajasthan, Gujarat, Maharashtra, Madhya Pradesh, Belt (CTB) Chhattisgarh, Andhra Pradesh, Odisha, Bihar, Jharkhand, West Bengal, Dadra and Nagar Haveli, and Daman and Diu. 3. Other States/ Himachal Pradesh, Uttar Pradesh, Uttarakhand, Karnataka, UTs J and K, Tamilnadu, Kerala, Andaman and Nicobar Islands, and Lakshadweep. The Tribal communities live in about 15 per cent of the country’s area, in varying ecological and geo-climatic conditions, plains, forests, hills and inaccessible areas. Tribal groups are at different stages of social, economic and educational development. They have their presence in the States and Union Territories except Haryana, Punjab, Chandigarh, Delhi and Puducherry. The predominant tribal-populated States of the country, i.e., those with tribal population of more than 50 per cent of the total population of the State are: Arunachal Pradesh, Meghalaya, Mizoram, Nagaland, Union territories of Dadra and Nagar Haveli and Lakshadweep. If a comparison is made amongst ST population alone, more than half the ST population of the country is concentrated in the States of Madhya Pradesh, Chhattisgarh, Maharashtra, Odisha, Jharkhand and Gujarat. The largest number of tribes (i.e. 62) are in the State of Odisha. The next major concentration is in the North-Eastern States. Primitive Tribal Groups (PTGs) : While some tribal communities have adopted a mainstream way of life at one of the spectrum, there are 75 Primitive Tribal Groups (PTGs) in 17 States and Union Territories of Andaman and Nicobar Islands, who are characterized by:- (a) a pre-agriculture level of technology, (b) a stagnant or declining population, (c) extremely low literacy, and (d) a subsistence level of economy. Their total population as per the 1991 census was about 24.12 lakh. Most of these groups are small in number, have attained various levels of social and economic progress and generally live in remote habitat, with poor administrative and infrastructure back up. Population Profile: Many indicators in respect of Scheduled Tribes like their demography, sex-ratio, education, livelihood profile, health profile have been compiled periodically through the Census operations or by the National Sample Survey Organisation (NSSO) or the Central Statistical Organisation (CSO). The population of Scheduled Tribes has been on the increase since 1961. The census reveals that the tribal population had grown at the rate of 24.45 per cent during the period 1991-2001. The decadal population growth between the Census Year 1981 to 1991 in respect of the tribal population had been higher (31.64 per cent) than that for the overall population (23.51 per cent). However during census years 1991 to 2001, it had been 24.45 per cent against the growth rate of 22.66 per cent for the entire population. As compared to the sex ratio for the overall population (933 females per 1000 male), the sex ratio among Scheduled Tribes is more favourable, at 978 females per 1,000 males (2001 census).

Literacy: The literacy rate for overall population has increased from 52.2 per cent to 65.38 per cent between 1991 to 2001. In case of Scheduled Tribes the increase in literacy has been from 29.62 per cent to 47.10 per cent. The literacy rate among tribals (47.10 per cent) is however far below the overall literacy in the country (64.8 per cent). The female literacy rate among tribals during the period 1991 to 2001 increased from 18.2 per cent to 34.8 per cent which is lower by approximately 20 per cent as compared to literacy rate of the females of the general population. However, the significant point is the increase in the total as well as the female literacy among tribals. These disparities are compounded by higher dropout rates in formal education, resulting in a disproportionately low representation in higher education. Job profile: According to the 1991 Census figures, 42.02 per cent of the ST population were main workers, of whom 54.50 per cent were cultivators and 36.09 per cent agricultural labourers. Thus, about 82 per cent of the main workers from these communities were engaged in primary sector activities. Indicators of Backwardness: Not surprisingly, the cumulative effect has been that the proportion of Scheduled Tribes below the poverty line is substantially higher than the national average. A majority of Scheduled Tribes continue to live below the poverty line, have poor literacy rates, suffer from malnutrition and diseases and are vulnerable to displacement. The Central Government and the State Governments have been implementing schemes/programmes for the upliftment of STs like reservation in Services, Tribal Sub-Plans, Central Schemes, Centrally Sponsored Schemes, etc. However, a lot more is required to be done to achieve the desired development goals for STs.

DEVELOPMENT OF STs

We have seen that the HDI (Human Development Indices) of tribal population is quite low as compared to the rest of the population. This is mainly because they live in clusters generally in far flung areas, which are remote or in the vicinity of forests. The development programmes meant for the general public often elude the tribal population for the reasons of inaccessibility and difficult terrain. Nevertheless, the Government of India and the State Governments have taken a number of measures over the years to improve the conditions of STs and for their development. But a lot more needs to be done. This emphasis on development of STs is quite visible in the Agenda Items of the National Common Minimum Programme (NCMP) adopted by the Central Government in May 2004.

TRIBAL SUB-PLAN (TSP)

Upgradation of administration through the innovative strategy of the Tribal Sub- Plan (TSP) for STs was launched at the beginning of the 5th Five Year Plan in 1974- 75, covering 21 States and 2 UTs., where Scheduled Tribes constitute a sizeable population. This special strategy was expected to ensure that all the general development sectors, both at the Central and State levels, earmark funds for STs in proportion to their population so that adequate benefits from all the concerned sectors flow to this disadvantaged group. Thus the TSP strategy seeks to ensure adequate flow of funds for tribal development not only under every State Plan funds, but also from all the Central Ministries/Departments. TSP is a part of the overall plan of a State/UT or a Central Ministry/Department, and is therefore called a Sub-Plan.

The TSP promotes development activities through legal and administrative support. The TSP strategy is being implemented through 195 Integrated Tribal Development Projects (ITDPs)/Integrated Tribal Development Agencies (ITDAs), 259 Modified Area Development Approach (MADA) and 82 Clusters. The benefits of the Tribal Sub-Plan are also extended to the scattered tribal population. The TSP is financed by four sources namely, flow from Centrally Sponsored Schemes, Special Central Assistance, State Plan, and Institutional Finance. The Central Ministries have also been requested to utilize at lease 8 per cent of their budget for the welfare and development of Scheduled Tribes.

SPECIAL CENTRAL ASSISTANCE FOR TRIBAL SUB-PLAN

In support of TSP, the Government of India launched the SCA scheme in 1974 to the States and the UTs, as an additive to fill up the gaps, especially in the family based income-generating programmes. As a result, there has been a substantial increase in the flow of funds during the Ninth Five Year Plan for the development of STs besides enlargement of the share of benefits for STs under all the development programmes. The SCA to TSP is provided by the Ministry of Tribal Affairs to 21 Tribal Sub- Plan States including North Eastern States of Assam, Manipur and Tripura. Since 2003-04, the Ministry of Home Affairs is releasing the funds under SCA to TSP meant for the UTS. The SCA is to be utilised in conjunction with the TSP flow with a view to meeting the gaps, which are not otherwise taken care of by the State Plan. The objective and scope of SCA to TSP was originally meant for filling up of the critical gaps in the family-based income-generation activities of the TSP. From the Tenth Five Year Plan, the objective and scope of SCA to TSP has been expanded to cover the infrastructure incidental to income-generation. The funds released under SCA to TSP to State Governments/UT Administrations are as follows.

(j in crores) Five Year Plan Fund released

===Table begins===*

V 119.31

VI 486.11

VII 846.95

VIII 1484.12

IX 2009.61

X 2960.83

XI (2007-08) 631.80

===Table ends===*

Grants under the First Proviso to Article 275(1) of the Constitution : The Constitution of India under the First Proviso Article 275(1) of the Constitution provides for assured special financial assistance for promoting the welfare of STs and for raising the level of administration of the Scheduled Areas to that of the rest of the State.

Programme for Development of Forest Villages

Development of forest villages is one of the thrust areas of tribal development during the 10th Five Year Plan. The Planning Commission allocated Rs.450 crores to the Ministry of Tribal Affairs for the development of forest villages at an average allocation of Rs.15 lakh per village. There are about 2,474 such forest villages in 12 States, which are still managed by State Forest Departments. It is estimated that there are about 2.5 lakh tribal families in these villages. A process of conversion of these forest villages into revenue earning villages is underway. Releases made in various Plans under Article 275(I) Plan Rs.in crores ===Table begins===* V 60.00

VI 80.00

VII 100.00

VIII 340.00

IX 741.00

X 1662.70

XI 390.28

===Table ends===*

Towards the end of Tenth Plan, a considered view was taken that the programme may be continued for a limited period during the XI Plan also, keeping in view the need for adequate developmental activities to be undertaken in these villages pending conversion into revenue villages. It has also been decided that an additional funding upto Rs.15 lakh would be provided to all those forest villages that have availed the first phase funding during the 10th Plan. Proposals have accordingly been received from most of the villages from the State Governments for this and Rs.255.55 crores has been released so far for the 2nd phase funding. Scheme for Primitive Tribal Groups (PTGs): A Central Sector Scheme was introduced in 1998-99 for the all-round development of these groups under which financial assistance is made available to Integrated Tribal Development Projects, Tribal Research Institutes and Non-Governmental Organisations for undertaking projects/activities not covered by any of the existing schemes. Scheme of Construction of Hostels for ST Boys and Girls: Under the scheme, Central assistance is given to States/UTs for construction of new hostel buildings and/or extension of existing hostels. In this scheme till 2007-08, the cost of the construction of the hostel building was equally shared between the Centre and the State in ratio of 50:50. In case of UTs, the Central Government bore the entire cost of the building. The cost of construction is based on the State PWD schedule of rates or local CPWD schedule of rates, whichever is lower. Maintenance of the hostel is the responsibility of the concerned States/UTs. The number of seats in a hostel was 100. The scheme of Construction of Hostel for ST Boys and Girls is being continued in the 11th Five Year Plan period with the following modifications: 1) Central Assistance for Construction of ST Girls Hostels in all States/UTs/ Universities will be 100 per cent of the cost of construction. 2) Central Assistance for Construction of Boys' Hostel for ST Boys will be 100 per cent in identified naxal-affected areas and will remain at 50 per cent in all

other areas. Universities in naxal-affected areas would be entitled to receive 100 per cent Central assistance. 3) Central assistance would also be given on the same pattern in respect of vocational training centres if sought by States/UTs. 4) The construction period for the hostels has been reduced from 5 years to 2 years. Establishment of Ashram School in Tribal Sub-Plan Area : The scheme of Ashram School has as its objective the establishment of residential schools for STs in an environment conducive to learning to increase the literacy rates among the tribal students and to bring them at par with the other population of the country. The funding for the scheme with the State is done on matching (50-50) basis, while cent percent assistance is given to UTs. Upgradation of Merit of ST Students : The objective of this scheme is to upgrade the merit of ST students by providing them remedial and special coaching in classes IX to XII, to prepare the students for competitive examinations for seeking entry into professional courses like Engineering and Medical disciplines. The scheme provides for 100 per cent Central assistance to the States/UTs. Post-Matric Scholarships for Scheduled Tribes Students The objective of the scheme is to provide financial assistance to students belonging to STs pursuing Post-Matriculation recognized courses in recognized institutions. The scheme covers professional, technical, non-professional and non-technical courses at various levels. It also includes correspondence courses including distance and continuing education and is implemented by the State Government and UT Administrations, covering 100 per cent Central Assistance over and above the committed liability which is required to be borne by them from their own budgetary provisions.

Vocational Training in Tribal Areas : The main aim of this scheme is to develop the skill of the tribal youth in order to gain employment/self employment opportunities. This scheme was introduced in 1992-93 as Central Sector Scheme and implemented through the State Governments/UT Administrations, Institutions or Organisations set up by Government as autonomous body, educational and other institutions like local bodies and cooperative societies and Non-Governmental Organizations. The capacity of each vocational training center is 100 with hostel facility for 50. Each center caters to five vocational courses in traditional skills depending upon the employment potential of the area. Each tribal boy/girl is trained in two trades of his/her choice, the course in each trade being of three months duration.

Each trainee is attached at the end of six months to a Master Craftsman in a semi-urban area for a period of six months to learn his/her skill by practical experience, the practical experience if each trade being of three months, duration. There is a provision for monthly stipend and for raw material for the trainees. Education of Girls in Low Literacy Pockets : Launched in 1992-93, the scheme envisages setting up of residential educational complexes for ST girls from I to V standard with facility for upgradation in order to raise the literacy level of tribal females. This scheme is implemented through the voluntary organizations and autonomous bodies of the State Government. During 10th Pan period an amount of Rs.33.34 crores was released benefitting more than 8000 (appr.) ST girls each year. An amount of Rs.33.50 (upto 31.12.2009) crores was released to 76 complexes during 2009-10.

With the beginning of financial year 2009, the scheme has been revised and renamed as 'Strengthening Education among Scheduled Tribes Girls in Low Literacy Districts'. The revised scheme covers 54 identified districts where the ST population is 25 per cent or more, and ST female literacy rate below 35 per cent as per 2001 census. The scheme also covers blocks in districts other than 54 identified districts which have ST population 25 per cent or more, and ST female rate below 35 per cent and PTG areas. Naxal affected areas are given priority and the Ministry provides financial assistance under the scheme for girls hostels where schools under "Sarva Shiksha Abhiyan" Kasturba Gandhi Vidhyalayas or other schemes of Education Departments are available. Where such schools are not available, complete complex including hostel and school are considered. Besides free schooling, boarding/ lodging, uniforms, books, food, cast stipend and incentive to girls students are also provided. In addition, the organization running the educational complex is also required to impart Vocational/Skill development Training among ST girls. Grants-in-Aid to Voluntary Organisations : The prime objective of the scheme is to enhance the reach of welfare schemes of Government and fill the gaps in service deficient tribal areas in sectors such as education, health, drinking water, agrohorticultural productivity, social security net, etc. through the efforts of voluntary organizations and to provide an environment for socio-economic upliftment and overall development of the Scheduled Tribes (STs). The Ministry gives grant-in-aid to voluntary organizations working for the welfare of STs for projects like residential schools and non-residential, hostels, hospitals, mobile medical units, computer training centres, libraries and audio-visual units, agriculture training, etc. The grant is generally restricted to 90 per cent of the approved total cost of the project and the balance 10 per cent is borne by the guarantee organizations. During the 10th Five Year Plan period, . 146.16 crores were released under the scheme. An amount of Rs.27.80 (upto 31.12.2009) crores was released during 2009-10. Rajiv Gandhi National Fellowship (RGNF) : The objective of the scheme is to provide fellowship in the form of financial assistance to students belonging to Scheduled Tribes to pursue higher studies. The fellowship under RGNF will be on the pattern of UGC Fellowships awarded to research students pursuing regular and full time M.Phil and Ph.D. Courses. National Overseas Scholarship Scheme for Scheduled Tribes (Non-Plan): The Scheme provides for financial assistance to meritorious students for pursuing higher studies abroad in specified fields of Master level courses, Ph.D. and Post-Doctoral research programmes, in the field of Engineering, Technology and Science for Scheduled Tribes, Denotified, Nomadic and Semi-nomadic tribes. The selected candidates are provided the cost of tuition and other educational fees charged by the foreign university, etc., maintenance and other grants along with travel expenses. In addition, passage grants are also available to candidates belonging to ST who are in receipt of merit scholarship for postgraduate studies, research or training abroad (excluding attending seminars, workshops, conferences) from a foreign government/ organisations or under any other scheme where cost of passage is not provided. The Scheme of NOS has been revised in 2004-05. Scheme of Top Class Education for ST Students The Ministry of Tribal Affairs has introduced a new scheme of Top Class Education of ST students from 2007-08 with the objective of encouraging meritorious ST

students for pursuing studies at degree and post degree and post degree level in any of the selected list of institutes of excellence, in which the scholarship scheme would be operative. There are 127 top-rated institutes approved under the scheme in both the Government and private sectors covering the field of management, medicine, engineering, law and commercial courses. Each institute has been allocated five awards, with a ceiling of a total of 635 scholarships per year. The family income of the ST students from all the sources shall not exceed Rs.2.00 lakh per annum. The ST students will be awarded scholarship covering full tuition fee and other nonrefundable dues in respect of Government/Government-funded institutions. However, there will be a ceiling of . 2.00 lakh per annum per student for private sector institutions and . 3.72 lakh per annum per student for the private sector flying clubs for Commercial Pilot Training. In addition to the above, the scholarship also provides for (i) living expenses @ . 220/- per month per student subject to actual, (ii) books and stationery @ . 3,000/- per annum per student and (iii) cost of a latest computer system along with its accessories limited to . 45,000/ - as one time assistance during the course. Grants-in-Aid for Minor Forest Produce (MFP) Operations: This is a Central Sector Scheme, with 100 per cent grant, available to the State Tribal Development Cooperative Corporations, Forest Development Corporations, and Minor Forest Produce (Trading and Development) Federations for taking up the minor forest produce operations. The funds under the scheme is available to the State TDCCS/ FDC's for : (i) increasing the quantum of MFP handled by setting off operational losses, if need be : (ii) strengthening the share capital base of the Corporation for undertaking MFP operations thereby increasing the quantum of MFP presently handled; (iii) setting up of scientific warehousing facilities, wherever necessary; (iv) establishing processing industries for value addition with the objective of ensuring maximum returns on the MFPs for the tribals; (v) giving consumption loans to tribals; and (vi) supplementing Research and Development (R&D) efforts. Exchange of visits by STs : The Scheme "Exchange of Visits by Tribals" provides wider exposure and experience sharing to the tribals by visits to the more developed areas of the country.

NATIONAL SCHEDULED TRIBES FINANCE AND DEVELOPMENT CORPORATION

With a view to pay a focused attention and accelerate the pace of economic development of Scheduled Tribes, the erstwhile National Scheduled Castes and Scheduled Tribes Financial Development Corporation was bifurcated and National Scheduled Tribes Finance and Development Corporation (NSTFDC) was set up in April, 2001 under the Ministry of Tribal Affairs. The NSTFDC has been granted license under Sec. 25 of the Companies Act (A Company not for profit). The Authorized Share Capital of the NSTFDC is . 500.00 crores and Paid up Capital is .230.50 crores as on date.

In order to achieve the mandate set for the NSTFDC, (for undertaking selfemployment ventures/activities) financial assistance is extended by NSTFDC to the Scheduled Tribes, who are having annual family income upto double the poverty line. NSTFDC also provides financial assistance as grant for skill and entrepreneurial development of the target group. The financial assistance is channelized through

Government owned agencies nominated by the respective Ministries/State Governments and UT Administrations. This is aimed to raise the level of income and improve socio-economic status of the eligible Scheduled Tribes. NSTFDC also provides financial assistance for procurement and marketing/minor forest produce so as to avoid the distress sale of produce/products by the Scheduled Tribes. Eligibility criteria for the beneficiary : The beneficiary (ies) should belong to ST community and annual family income of the beneficiary (ies) should not exceed Double the Poverty Line (DPL) income limit (presently DPL is Rs.39,500/- per annum for the rural areas and Rs.54,500/- per annum for the urban areas).

In the case of Self Help Groups (SHGs), all the members of the SHG should belong to the ST community having annual family income upto Double the Poverty Line (DPL). Similarly, for Cooperative Society, loan is extended to the eligible STs through co-operative Society having minimum 80 per cent or more STs as member of the said cooperative society.

NSTFDC is implementing following programmes for the economic development of STs.

Term Loan for Income generating activities : i) NSTFDC provides term loan for viable scheme(s)/project(s) costing upto Rs. 10 lakh per individual unit/profit centre. ii) Financial assistance upto 90 per cent of the cost of the scheme(s)/project(s) is provided by the NSTFDC. Promoter's contribution is not insisted upon for the scheme/project costing upto . 1 lakh. However, only 2-5 per cent of the total cost of the scheme(s)/project(s) costing above . 1 lakh per unit/profit centre is required as promoter's contribution depending upon the cost of unit. iii) NSTFDC charges concessional rate of interest, which is 3 per cent per annum for the scheme/project having NSTFDC's share upto . 5 lakh per unit/profit centre and 5 per cent for the schemes having NSTFDC's share more than . 5 lakh/unit/ profit centre. The SCAs are allowed to charge interest at the rate of 3 per cent per annum over and above the interest rate charged by NSTFDC from the beneficiaries. iv) The loan is to be repaid in quarterly/half yearly installments, as the case may be, within a maximum period of 10 years including suitable moratorium period. Bridge Loan : Bridge loan is provided by the NSTFDC against subsidy/capital incentives etc. available for the scheme(s)/project(s) through the SCAs to meet the gap in funding requirement of scheme(s)/project(s) costing upto 10 lakh per unit/ profit centre. Schemes for Self Help Groups (SHGs) : i) NSTFDC has introduced specific scheme for extending financial assistance for Self Help Groups (SHGs) and financial assistance is extended for the scheme(s)/project(s) having unit cost upto . 25 lakh per SHG; ii) Financial assistance is extended upto 90 per cent of the cost of the scheme/project subject to investment per member not exceeding . 50,000/- per unit; iii) Minimum promoter's contribution under the scheme is 10 per cent of the cost of the unit. Marketing Support Assistance : i) It is provided for financial support for meeting the working capital requirement of the Central/State Government owned agencies and national level federations for undertaking procurement and/or marketing of minor forest produce/agricultural produce collected/grown by the STs and/or related product/services; ii) For Marketing Support Assistance extended to the

beneficiaries through the SCAs, the interest is at par with rates of interest for long term loan; iii) For Marketing Support Assistance extended to the Central/State/ UT owned organizations, national level federations directly involved in procurement, the interest rate is 7 per cent per annum. Assistance by way of Grant : Grant to meet upto 100 per cent recurring cost in respect of regular training programmes conducted for imparting skill and entrepreneurial development training to the eligible STs through the Government/ semi Government/autonomous Government bodies is extended by the NSTFDC to its SCAs.

SPECIAL SCHEMES

(a) Adivasi Mahila Sashaktikaran Yojana (AMSY) is an exclusive scheme for the economic development of ST women, at a highly concessional rate of interest. Under the scheme, NSTFDC provides Term Loan for scheme(s)/project(s) costing upto Rs.50,000/- per individual unit/profit centre. Financial assistance up to 90 per cent of the cost of the scheme(s)/project(s) is provided by the NSTFDC. The SCAs may charge a maximum interest @ 4 per cent per annum from the ultimate women beneficiaries. (b) Micro-credit scheme-launch of a new scheme : Micro Credit Scheme is meant to provide financial assistance for undertaking small self-employment ventures/ activities by the eligible STs through existing profit making SHGs, SCAs shall provide eligible amount of subsidy or margin money as per their scheme(s) for the target group and remaining amount may be provided as term loan by NSTFDC. In case of no subsidy and or no share of SCAs/banks as SCAs. NSTFDC may provide 100 per cent of the funds required as term loan subject to a maximum of .15,000/- per member. =TRIBAL COOPERATIVE MARKETING DEVELOPMENT FEDERATION OF INDIA LTD. (TRIFED)=

The Tribal Cooperative Marketing Development Federation of India Limited (TRIFED), was set up in 1987 as a national level apex body under the Multi State Cooperative Societies Act, 1984 (MSCS Act, 1984). After the enactment of the Multi-State Cooperative Societies Act, 2002 (MSCS Act, 2002), TRIFED is deemed to be registered under the latter Act and is also listed in the Second Schedule to the Act as a National Cooperative Society. The Bye-laws of TRIFED were revised in April 2003 in tune with the new Multi State Co-operative Societies Act, 2002 read with the Multi State Co-operative Societies Rules, 2002. Under its revised mandate, TRIFED has stopped bulk procurement in Minor Forest Produce (MFP) and Surplus Agricultural Produce (SAP) from tribals. (This procurement is now done by the State-level Tribal Cooperatives Societies/Federations). TRIFED now functions as a 'market developer' for tribal products and as 'service provider' to its member federations. This way, TRIFED is now striving to provide economic benefits to a large number of this unorganized section of the society. TRIFED is now engaged in the marketing development of tribal products (natural and organic products, handicrafts, ratification etc.) through its own shops ('TRIBES India') and shops selling its products on consignment basis.

Recognition of Forest Rights of STs: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 seeks to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights on ancestral lands and their habitat were not adequately recognized in the consolidation of State forests during the colonial period as well as in independent India resulting in historical injustice to them. The Act has been notified for operation with effect from 31 December 2007. 2. The Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, for implementing the provisions of the Act, were notified on 1.1.2008 and they envisage the constitution of various Committees under the Act, viz, the Sub Divisional Level Committee, District Level Committee and the State Level Monitoring Committee, by the State Governments. 3. All the States have been requested to nominate the nodal officer for implementing the provisions of the Act. The State Government were also requested to take necessary steps to :- a) ensure that awareness is created about the objectives, provisions and procedures of the Act and the Rules through various measures including awareness programmes and printed material such as posters in the regional languages; b) ensure the translation and publication of the Act and the rules in all the regional languages and arrange to distribute to all Gram Sabhas, Forest Right Committees and all departments of the Government including Panchayati Raj, Rural Development, Tribal and Social Welfare and Forest Departments; c) undertake the orientation of officials, civilian representatives and non- Government organizations in the State, who can then be called upon to assist as resource persons in the awareness programmes; d) sensitize the Sub-Divisional and District Level Committees on the objectives, provisions and procedures of the Act and the Rules. 4. As per the Act, the responsibility for recognition and vesting of forest rights and distribution of land rights rests with the State Government, as per the Rules notified for implementation of the Act. All the State Governments have been directed that the entire process of vesting of forest rights as per the Scheduled Tribes and Other Traditional forest Dwellers (Recognition of Forest Rights) Act, 2006 should be completed at the earliest. 5. Web-based MIS for online monitoring of the implementation of the Act has been made operational with effect from 4th June, 2008 for testing purposes on website http://www.tribal.gov.in. However, the final website would be one which is at present under process of getting security-audit clearance.

WELFARE MEASURES FOR THE MINORITIES

Five religious communities viz Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) have been notified as minorities as per provisions under the National Commission for Minorities (NCM) Act-1992. These five communities constitute about 18.47 per cent of the country’s population.

The Ministry of Minority Affairs was created on 29th January, 2006 to ensure a focused approach to the issues relating to the minorities and to play a pivotal role in the overall policy planning, coordination, evaluation and review of the regulatory and development programme for the benefit of the minorities communities. The Ministry is also responsible for the administration and implementation of the (i) National Commission for Minorities Act, 1992; (ii) Wakf Act, 1995 and (iii) Durgah Khwaja Saheb Act, 1955.

In a short period of time, not only has the Ministry been made fully functional but concerted efforts have been made to streamline the ongoing programmes/ schemes and to launch innovative and effective schemes/programmes for the welfare of minorities communities. The details/developments pertaining to schemes run by the Ministry as well as its subordinate organizations are as under : Prime Minister's New 15-Point Programme for the Welfare of Minorities : The Prime Minister's New 15-Point Programme for the Welfare of Minorities was announced in June, 2006. The objectives of the programme are: (a) Enhancing opportunities for education, (b) Ensuring an equitable share for minorities in economic activities and employment, through existing and new schemes, enhanced credit support for self-employment and recruitment to State and Central Government jobs, (c) Improving the conditions of living of minorities by ensuring an appropriate share for them in infrastructure development schemes, (d) Prevention and control of communal disharmony and violence. An important aim of the new programme is to ensure that the benefits of various government schemes for the underprivileged reach the disadvantaged sections of the minority communities. In order to ensure that the benefits of these schemes flow equitably to the minorities, the new programme envisages location of a certain proportion of development projects in minority concentration areas. It also provides that, wherever possible, 15 per cent of physical targets and financial outlays under various schemes should be marked for minorities. Some of the notable achievements are given below :- Exclusive scholarship schemes for students belonging to the minorities communities : Three Centrally sponsored scholarship schemes for students belonging to the minority communities have been launched. To ensure that girl students get a fair share, all three schemes have 30 per cent scholarships earmarked for them. These schemes are : (i) Merit-cum-Means scholarship is a scheme fully funded by the Central Government. Every year 20,000 new scholarships are to be awarded for technical and professional courses at undergraduate and postgraduate levels. 70 institutes have been listed in the scheme and students enrolled in these institutes are entitled for reimbursement of course fee upto a maximum amount of Rs.20,000 per annum. 41,056 scholarships were sanctioned in 2010-11 (upto 31.03. 2011). (ii) Post-Matric Scholarships is a scheme fully funded by the Central Government. This scholarship is awarded to students belonging to the minority communities studying in class-XI up to Ph.D. level and it also includes technical and vocational courses of class XI and XII. Fees ranging from Rs.3,000 to Rs.10,000 per annum are reimbursed to students. 5.26 lakh scholarships were sanctioned upto 31.03. 2011. (iii) Pre-Matric Scholarship is being implemented on a sharing basis between the Centre and States in the ratio of 75:25 for students in class-I to class-X. Fees upto Rs.4700 per annum will be reimbursed to students under this scheme. Advertisements

have been issued by both the Central and State Governments seeking applications. 44.21 lakh scholarships were awarded in 2010-11 (upto 31.03. 2011). Identification of Minority Concentration Districts : 90 minority concentration districts (MCD) have been identified, based on the population data of 2001 census and relevant backwardness parameters. A multi-sectoral development programme, designed to address the 'development deficits', specially in education, employment, sanitation, housing, drinking water and electricity supply has been launched from 2008-09. Baseline survey to identify 'development deficits' has been carried out by the regional research institutes affiliated to the Indian Council of Social Science Research, New Delhi. The budgetary provision for 2011-12 is Rs.1218.40 crores. Multi sectoral development plans of 89 minority concentration districts have already been approved. Free Coaching and Allied Scheme has been launched in July, 2007 with a view to improving the representation of minorities in Government Service and Public Sector Undertakings and also to cater to the emerging trends of the job market. During the year 2010-11 an amount of Rs.14.37 crores was released institutes benefiting 4845 Students. Initiatives taken in Pursuance of the Sachar Committee Recommendations The Government took decision on the recommendations of High Level Committee on Social, Economic and Educational status of the Muslim Community of India, pertaining to various Ministries/Departments. The decisions of the Government on the follow-up action on the major recommendations of the Sachar Committee and the Ministry-wise status of implementation are as under: (i) All public sector banks have been directed to open more branches in districts having a substantial minority population. In 2007-08, 523 branches were opened in such districts. In 2009-10, 743 new branches were opened. and in 2010-11, 308 branches have been opened (Department of Financial Services). (ii) RBI revised its Master Circular on 5th July, 2007 on priority sector lending for improving credit facilities to minority communities. Since 2007-08 up to December 2010, r 128382.43 crores were provided to minorities (Department of Financial Services). (iii) District Consultative Committees (DCCs) of lead banks are regularly monitoring disposal and rejection of loan applications for minorities. (Department of Financial Services). (iv) To promote micro finance among women, 467082 accounts have been opened for minority women with r 3373 crores as micro credit in 2010-11. (Department of Financial Services). (v) Lead banks have organized 313 entrepreneurial development programmes in blocks/districts/towns with substantial minority population. (Department of Financial Services) (vi) A multi-pronged strategy to address the educational backwardness of the Muslim community, as brought out by the Sachar Committee, has been adopted, as follows (Ministry of Human Resource Development): a) The area intensive and Madarsas Modernization Programme has been revised and bifurcated into two scheme. A schemes for Providing

Quality Education in Madarsas has been launched with allocation of r 325 crores during the Eleventh Five-Year Plan. It contains attractive provisions for better teacher's salary, increased assistance for books, teaching aids and computers, and introduction of Vocational subjects, etc. The other scheme, which provides financial assistance for Infrastructure Development of Private aided/unaided minority institutes, has been launched with allocation of r 125 crores for the Eleventh Five-Year Plan. b) National Council of Educational Research and Training (NCERT) has prepared text books for all classes in the light of the National Curriculum Framework-2005. c) Thirty five Universities have started centers for studying social exclusion and inclusive policy for Minorities and Scheduled Castes and Scheduled Tribes. Besides, 1280 Centers of Equal Opportunities submitted their reports on 13th March, 2008. d) Under the Kasturba Gandhi Balika Vidyalaya (KGBV) Scheme, criteria of educational backward blocks has been revised with effect from 1st April 2008 to cover blocks with less than 30 per cent rural female literacy and in urban areas with less than national average of female literacy (53.67 per cent Census 2001). Under the scheme, all KGBVs sanctioned for MCDs have been operationalized. e) Universalization of access to quality education at secondary stage called Rashtriya Madhyamik Shiksha Abhiyan (RSMA) has been approved with focus on educationally backward minorities. State Governments have been advised to accord priority to setting up new /upgraded schools in minority concentration areas. f) Jan Shikshan Sansthan (JSSs) are envisaged in the revised schemes. At present, JSSs are imparting vocational training in 33 districts out of the 88 Muslim -dominated districts in the country. g) Preference is given by the University Grants Commission for provision of girls' hostels in Universities and Colleges in the areas where there is concentration of minorities especially Muslims. UGC has sanctioned 233 women's hostels during 11th Plan in 19 minority concentration districts. h) One model college each would set up in 374 educationally backward districts (EBDs) of the country. Of 374 EBDs, 67 are in identified MCDs. i) For subsequent access to higher education, the certificates issued by the State Madarsa Boards, whose certificate and qualifications have been granted equivalence by the corresponding State Boards, would be considered equivalent by the Central Board of Secondary Education (CBSE), Council of Board of School Education in India (COBSE) or/ and by any other school examination board. j) Academics for professional development of Urdu Medium teachers have been set up at three Central Universities namely, Aligarh Muslim University, Jamia Milia Islamia University and Maulana Azad National Urdu University.

k) The Mid day Meal scheme has been extended to all areas in the country from the year 2008-09 and also covers upper primary schools. Blocks with a concentration of Muslim population are being covered under this scheme. (vii) An expert group constituted to study and recommend the structure and functions of an Equal Opportunity Commission submitted its report on 13th March, 2008. This has been processed, as per approved modalities, along with the report of the expert group on diversity index. (Ministry of Minority Affairs) (viii) A National Data Bank to compile data on the various socio-economic and basic amenities parameters for socio-religious communities has been set up in the Ministry of Statistics and Programme Implementation. (ix) An autonomous Assessment and Monitoring Authority (AMA), to analyses data collected for taking appropriate and corrective policy decisions, has been set up in the Planning Commission. (x) A comprehensive institutional structure for fostering skill development has been set up in Planning Commission to address the skill development needs of the country including minorities. It includes National Council on Skill Development, National Skill Development Coordination Board and National Skill Development Corporation. (xi) A training module has been developed by the Indian Institute of Public Administration, for sensitization of government officials. The module has been sent to the Central/State Training Institutes for implementation. and it has been included in their training calendar. The Lal Bahadur Shastri National Academy of Administration (LBSNAA) has prepared a module for sensitization of organized civil services and it has been incorporated in their training programme (Department of Personnel and Training). (xii) Under Urban Infrastructure Development Scheme for Small and Medium Towns (UIDSSMT), additional Central assistance of Rs.2620.31 crores has been sanctioned for 108 towns having substantial minority population. (Ministry of Urban Development). (xiii) An Act has been passed by the Parliament for providing social security to workers in the un-organized sector, which inter-alia, includes home-based workers (Ministry of Labour and Employment). (xiv) A High Level Committee, set up to review the Delimitation Act, has considered the concerns expressed in the Sachar Committee report and submitted its report (Ministry of Home Affairs). (xv) Dissemination of information regarding health and family welfare schemes is being undertaken in regional languages in minority concentration areas (Ministry of Health and Family Welfare). (xvi) Revised Guidelines on communal Harmony have been issued. The Communal violence (prevention, control and rehabilitation of victims) Bill, 2005 has been introduced in the Rajya Sabha. (Ministry of Home Affairs). (xvii) State Governments and Union Territory Administrations have been advised by Department of Personnel and Training for posting of Muslim police personnel in thanas and Muslim health personnel and teachers in Muslim concentration areas.

(xviii) State Governments have been advised by Ministry of Panchayati Raj and Ministry of Urban Development, to improve representation of minorities in local bodies. (xix) A bill to amend Wakf act, 1995 was introduced in the Lok Sabha on 27th April, 2010 and passed in on 7th May, 2010. The Bill has been referred to the Select Committee of the Rajya Sabha (Ministry of Minority Affairs). (xx) The Government has accorded in principle approval for restructuring of National Minorities Development and Finance Corporation. A consultancy firm has been appointed to work out the details for restructuring of NMDFC. The firm has submitted its draft reports which have been examined in the Ministry. (Ministry of Minority Affairs) (xxi) An Inter-ministerial Task Force constituted to devise an appropriate strategy and action plan for developing 338 identified towns, having substantial minority population, rapidly in a holistic manner submitted its report on 8th November, 2007. The concerned Ministries/Departments have been advised to give priority in the implementation of their schemes in 338 towns (Ministry of Minority Affairs). (xxii) Three scholarship schemes for minority communities viz., Pre-matric, Postmatric and Merit-cum-means were launched and 49.87 lakh scholarships were awarded to students belonging to minority communities in 2010-11 and 78.68 lakh scholarships upto 31st March 2011 (Ministry of Minority Affairs). (xxiii) The corpus of Maulana Azad Education Foundation, which stood at Rs.100 crore, was doubled to Rs.200 crore in December, 2006. Now, the corpus stands at Rs.700 crores . Under the Scheme of MAEF, since 2007-08, 1063 NGOs have been given grants in aid for infrastructure development of educational institutions and 52317 scholarships were awarded to meritorious girls in classes XI and XII. (Ministry of Minority Affairs). (xxiv) A revised free Coaching and Allied Scheme was launched and 4845 candidates belonging to minority communities were provided assistance in 2010-11. 20686 students have been benefited under this scheme upto 31.03.2011. (Ministry of Minority Affairs) (xxv) A Multi-sectoral Development Programme was launched in 90 identified Minority concentration districts in 2008-09. Plans of 89 minority concentration districts in Haryana, Uttar Pradesh, West Bengal, Assam, Manipur, Bihar, Meghalaya, Jharkhand, Andaman and Nicobar Islands, Odisha, Maharashtra, Karnataka, Kerala, Uttrakhand, Mizoram and Jammu and Kashmir, Delhi, Madhya Pradesh, Sikkim and Arunachal pradesh have been approved and Rs.2162 crores released to State governments and Union Territory administrations upto 31st March, 2011 since inception (Ministry of Minority Affairs). National Commission for Minorities The Minorities Commission which was set up in January 1978 by a Resolution issued by Ministry of Home Affairs became a statutory body with the enactment of the National Commission for Minorities Act, 1992 and renamed as The National Commission for Minorities. The first statutory National Commission was set up on

17th May, 1995. The amendment was carried out in Section a2(b) and 3(2) of the Act, providing for a Vice Chairperson in the Commission. With on 8th September, 1995. The amendment was carried out in Section a2(b) and 3(2) of the Act, providing for a Vice Chairperson in the Commission. With the 1995 amendment to the Act, the Commission's composition was expanded to 7 members (including a Chairperson and a Vice Chairperson). The provision under Section 3(2) of the Act stipulates that 5 members including the Chairpersons shall be from amongst the minority communities. As per Gazette notification issued on 23rd October 1993 by the Ministry of Welfare, the National Commission for Minorities has submitted fourteen Annual Reports for the years 1992-93 to 2006-07.

State Commission for Minorities

Eleven State Governments namely Andhra Pradesh, Assam, Bihar, Chhattisgarh, Government of NCT of Delhi, Jharkhand, Karnataka, Maharashtra, Madhya Pradesh, Rajasthan, Uttar Pradesh, Tamil Nadu and West Bengal have set up Statutory Commissions for minorities. Manipur and Uttarakhand have set up non-statutory Commissions. National Commission for Religious and Linguistic Minorities (NCRLM) The Government of India has been seized of the welfare needs of socially and economically backward sections among religious and linguistic minorities. For having a detailed examination to determine the criteria for identifications of socially and economically backward sections among religious and linguistic minorities and to suggest measures for their welfare, the Government has constituted a National Commission for Religious and Linguistic Minorities, with the following terms of reference: (a) to suggest criteria for identification of socially and economically backward sections among religious and linguistic minorities; (b) to recommend measures for welfare of socially and economically backward sections among religious and linguistic minorities, including reservation in education and government employment; (c) to suggest the necessary constitutional, legal and administrative modalities, as required for the implementation of their recommendations, and to present a Report of their deliberations and recommendations. The Commission submitted its report to Government in May, 2007 and the same was laid in Parliament on 18.12.2009. The recommendations are under consideration. Special Officer for Linguistic Minorities : The Office of the Special Officer for Linguistic Minorities (commonly known as the Commissioner for Linguistic Minorities) was created in July 1957, in pursuance of the provision of Article 350-B of the Constitution. The Commissioner for Linguistic Minorities of India (CLM) has his Headquarters at Allahabad with Regional Offices at Kolkata, Belguam and Chennai. The CLM takes up all the matters pertaining to the grievances arising out of the non-implementation of the Constitutional and Nationally Agreed Scheme of Safeguards provided to linguistic minorities that come to its notice or are brought to its knowledge by the linguistic minority individuals, groups, associations or organisations at the highest political and administrative levels of the State Governments and UT Administrations and recommends remedial actions to be taken. So far, 46 reports of the Commission have been laid in Parliament.

THE CENTRAL WAKF COUNCIL

For the purpose of advising the Central Government on matters concerning the working of the State Wakf Boards and the due administration of the Wakfs in the country, the Central Wakf Council, a statutory body was constituted in December, 1964, under the Wakf act, 1995. The Central Wakf Council consists of the Union Minister in charge of Wakfs as the ex-officio Chairperson and 20 other members. The Council derives its income from the contributions of 1% (one per cent) of the net income of the Wakf. The Council implements schemes for development of urban Wakf properties and educational programmes schemes.

The Durgah Khwaja Saheb Act, 1955

It is an Act to make provision for the proper administration of Durgah and Endowment of the Durgah Khwaja Moinuddin Chishty (R.A.). Under this Central Act the administration, control and management of the Durgah Endowment has been vested in a representative Committee known as the Durgah Committee appointed by the Central Government.

With the help of the Government of India, the Ministry of Urban Development (JNNURM) and active involvement of the Government of Rajasthan through local administration, the Durgah Committee is implementing a scheme of providing lodging facilities for lakhs of pilgrims who visit the holy Durgah during the annual Urs. The facility was earlier named as "Vishram Sthali" and has been renamed as "Garib Nawaz Mehmankhana". The infrastructure is meant to provide facilities/ amenities to the zaireen of Durgah Khwaja Saheb. The Governments have also evinced interest in developing the State Pavilion Blocks for the pilgrims. The project envisages lodging arrangements for around one lakh pilgrims and parking facility for 6000 buses/vehicles. The estimated capital outlay for this project is around r 192 crores, of which the infrastructure/buildings for r 13 crores have already been completed.

ECONOMIC DEVELOPMENT

National Minorities Development and Finance Corporation : National Minorities Development and Finance Corporation (NMDFC) was incorporated on 30th September 1994, with the objective to promote economic and development activities for backward sections among minorities. To achieve its objective. NMDFC is providing concessional finance for self-employment activities to eligible beneficiaries belonging to minority communities having family income below double the poverty line which at present is j55.000 per annum and j40.000 per annum in urban and rural areas respectively.

NMDFC reaches the ultimate beneficiaries through the State Channelising Agencies (SCAs) nominated by the respective State/UT Government and the non- Governmental Organisation (NGOs). NMDFC's authorized share capital as on 31st March 2011 is j 1500 crores out of which, the share of the Govt. of India is j 975.00 crores (65%), the share of State Govts. is j 390.00 crores (26%) and the remaining j 135.00 crores (9%) is to be contributed by institutions/ individuals having interest in minorities. Under SCA programme, projects costing up to r 5.00 lakh to individual beneficiaries are financed. Funds for this purpose are made available to the SCAs at

an interest rate of 3% for further loaning to the beneficiaries at 6%. The Corporation is also implementing schemes of Vocational Training & Educational Loan through the SCAs for capacity building of the target groups for self as well as wage employment. During the financial year 2010-11, an amount of j 233.26 crores has been disbursed to assist 1,58,510 beneficiaries.