Saturday, January 4, 2020

Technical Advisory Group Reort, 2006 on 'definitions of Denotified Tribes and Nomadic & Semi-nomadic Tribes'


A. Definition of Denotified Tribes

i. Just as there is a Schedule for Tribes and a Schedule for Castes, no specific Schedule for Denotified Tribes – that is, the communities notified under a series of Criminal Tribes Acts during the colonial period—was formed. Some of them have come to be placed as Scheduled Tribes, some as Scheduled Castes, some others as OBCs, and a few of them excluded from all of these.

ii. For the purpose of formulating a clear definition of the Denotified Tribes of India, all communities or segments of communities, that had been placed under the Criminal Tribes Acts, beginning with CTA 1871, in any part of colonial India, till their denotification in the 1950s, are to be considered as Denotified Tribes throughout the Union of India irrespective of their present geographical location.

iii. The most authentic list of Denotified Tribes was presented in the Report of Aiyengar Committee (constituted by R. N. 22/1/49—Police-I, Dt. 28.9.49) prepared for the Union Government (List reproduced on pages 257 to 262). Over and above the communities or tribes listed in the Aiyengar Committee Report, all other tribes or communities, whose denotification preceded the date of appointment of the Aiyengar Committee, are to be considered as Denotified Tribes.

A1. Definition of Nomadic and Semi-nomadic Tribes

i. There has not been any clear definition of Nomadic Tribes, or Seminomadic Tribes in existence used for official purposes of the Government of India.The only reliable list of Nomadic Tribes compiled so far can be sourced from the 1931 Census of India.

ii. All Tribes and Communities included in the 1931 Census as Nomadic or Semi-nomadic are to be treated for the purposes of the Government of India as Nomadic Tribes. Any Nomadic Tribe or Semi-nomadic Tribe recognized in any state of India, or a Union Territory as such, is to be recognized uniformly as Nomadic Tribes throughout the Union of India, for the purpose of the Government of India.

iii. As and when the future Census enumeration brings to notice any other such communities showing livelihood patterns that are nomadic or semi nomadic, the communities in point be considered through a proper scrutiny for inclusion in the category of Nomadic Tribes.

A2. Official Listing and Placement of Denotified, Nomadic and Seminomadic Tribes

i. Any tribe or community falling within the definition of Denotified Tribes, and recognized as a Scheduled Tribe in one or more state/states, is to be recognized as Scheduled Tribe for the purpose of the Government of India.

ii. Any tribe or community falling within the definition of Denotified Tribes, and recognized as a scheduled Caste in one or more state/states, is to be recognized as Scheduled Caste throughout the Republic for the purpose of the Government of India.

iii. Any tribe or community falling within the definition of Denotified Tribes, and is recognized variously as a Scheduled Tribe as well as Schedule Caste in different states, is to be recognized as Scheduled Tribe uniformly throughout the Republic for the purpose of the Government of India.
iv. Any tribe or community that falls within the list of Denotified Tribes as per the definition of Denotified Tribes given in this report, and not included in either the schedule of tribes or the schedule of castes, is to be included either in the schedule of tribes or the schedule of castes by the government of India on the basis of the merit of the case.

v. Any Tribe or Community or Group recognized in any part, State or Union Territory of India as Nomadic or Semi-nomadic, is to be recognized uniformly throughout the Union of India, for the purpose of the Government of India, as Nomadic Tribe.

vi. Any Nomadic or Semi nomadic tribe or community that falls within the definition of Nomadic Tribe as given in this report, and recognized as a Scheduled Tribe in one or more state/states, is to be recognized as Scheduled Tribe for purpose of the Government of India.

vii. Any Nomadic or Semi nomadic tribe or community that falls within the definition of Nomadic Tribes given in this report, and recognized as a scheduled Caste in one or more state/states, is to be recognized as Scheduled Caste throughout the Republic for the purpose of the Government of India.
viii. Any Nomadic or Semi nomadic tribe or community that falls within the definition of Nomadic Tribes given in this report, and recognized variously as a Scheduled Tribe as well as Schedule Caste in different states, is to be recognized as Scheduled Tribe uniformly throughout the Republic for the purpose of the Government of India.

ix. Any Nomadic or Semi nomadic tribe or community that falls within the list of Nomadic tribes as defined in this report, and not included in either the schedule of tribes or the schedule of castes, is to be included either in the schedule of tribes or the schedule of castes by the Government of India on the basis of the merit of the case.

x. A separate Schedule for Denotified, Nomadic and Semi-nomadicTribes ought to have been created immediately after Independence.In absence of such a Scuedule, the Technical Advisory Group strongly recommends that a Comprehensive National List of Denotified, Nomadic and Semi-nomadic Tribes and  (CNL-DNSTC), at par with Schedule of Tribes and Schedule of Castes, may be prepared for the following purposes:

a. For ensuring an equitable delivery of rights, entitlements and social justice;
b. For redressal of the stigma of criminality;
c. For facilitating inter-ministerial coordination in dealing with these Tribes and Communities.

Source-Recommendations of the Technical Advisory Group 2006, P 346-349
https://www.scribd.com/doc/933435/TAG-Report

Note- Above note is just an extract of the report.

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