Denotified tribes (DNTs) are the tribes that were originally listed under the Criminal Tribes Act of 1871 , as Criminal Tribes and "addicted to the systematic commission of non-bailable offences." Once a tribe became "notified" as criminal, all its members were required to register with the local magistrate, failing which they would be charged with a crime under the Indian Penal Code. The Criminal Tribes Act of 1952 repealed the notification, i.e. ‘de-notified’ the tribal communities. This act, however, was replaced by a series of Habitual Offenders Acts, that asked police to investigate a suspect’s criminal tendencies and whether his occupation is "conducive to settled way of life." The denotified tribes were reclassified as habitual offenders in 1959.

The creation of these categories should be seen in the context of colonialism. The British authorities listed them separately by creating a category of castes or tribes labelled as criminal.

The name "Criminal Tribes" is itself a misnomer as no definition of tribe denotes occupation, but they were identified as tribes being their primary occupation. The first Census was in 1871 and at that time there was no consensus nor any definition of "tribe". The terms "Tribe" and "Caste" were used interchangeably for these communities. In this colonial context, the term "Tribe" connoted the notions of primitiveness and backwardness and hence the assumption that these tribes needed to be civilized or transformed

Call for repeal

The UN’s anti-discrimination body Committee on the Elimination of Racial Discrimination (CERD) asked India to repeal the Habitual Offenders Act (1952) and effectively rehabilitate the denotified and nomadic tribes on March 9, 2007

Reservations

In 2008, The National Commission for Denotified, Nomadic and Semi-Nomadic Tribes (NCDNSNT) of Ministry of Social Justice and Empowerment recommended equal reservations, as available to Scheduled Castes and Scheduled Tribes, for around 11 crore people belonging to the denotified, nomadic or semi-nomadic tribes in India

BRANDED ‘BORN’ CRIMINALS:RACIAL ABUSES AGAINST DENOTIFIED AND NOMADIC TRIBES IN INDIAINFORMATION FOR THE CONSIDERATION OF THE

COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATIONIN REVIEWING

INDIA’S FIFTEENTH TO NINETEENTH PERIODIC REPORTSFebruary 2007

The Resist Initiative InternationalKalamati Chhak, Raigurupur, Puri, Orissa-752019, IndiaEmail: resist.initiative@gmail.com2

The Resist Initiative International, a south asian human rights anddemocracy organization is extremely concerned by the failure of theIndian Government to safeguard the rights of Denotified and NomadicTribes (DNTs). It is an impossible notion to claim that a person can beborn a criminal however DNTs are being branded at birth. The notion thatthese people are criminals from birth is so embedded in Indian societythat harassment, racial discrimination, and prejudice seem to be standardpractice without any accountability or justice being taken. There are lawsto protect DNTs against persecution on the basis of their ethnic groupbut these are not being enforced.History of so-called born criminals in IndiaThe social category generally known as the Denotified and Nomadictribes of India covers a population approximately of 60 million. Some ofthem are included in the list of Scheduled castes, some others in theScheduled Tribes, and quite a few in Other Backward Classes. But thereare many of these tribes, which find place in none of the above. What iscommon to all these DNTs is the fate of being branded as 'born'criminals.The Denotified and Nomadic tribes make up about 60 million of India’spopulation. There are 313 Nomadic Tribes and 198 Denotified Tribes.The names of the Denotified tribes in the state of Maharashtra, some ofwhich are featured in this report, are Berad, Bestar, Bhatma, Kaikadi,Kankarbhat, Katabu, Lamani, Phase-Pardhi, Raj-Pardhi, Rajput-Bhatma,Ramoshi, Vadar, Waghari and Chhapparbandh. The Nomadic Tribes:Bawa, Beldar, Bharadi, Bhute, Chalwadi, Chitrakathi, Garudi, Ghisadi,Golla, Gondhali, Gopal, Helwe, Joshi, Kasi-Kapadi, Kolhati, Mairal, Masan-Jogi, Nandi-Wale, Pangul, Raval, Shikalgar, Thakar, Vaidu, Vasudeo1.1 Motiraj Rathod (200) ‘Denotified and Nomadic Tribes in Maharashtra’.

3Traditionally the tribes wander and therefore have not integrated intoIndian society, as well as being a tradition it is also due to the tribes nothaving any livelihood production.India’s Draft National Policy in Tribals does not include Denotified orNomadic Tribes. The term ‘Criminal Tribes’ originates from the Britishcolonial times. The British initiated the Criminal Tribes Act in 1871,referring to around 150 tribes for their so-called “criminal tendencies,”giving the police wide powers to arrest them, control, and monitor theirmovements. The law in effect was that anyone born into one of the tribes,under this act, was seen as a criminal.In 1952, the Indian Government withdrew the Criminal Tribes Act of1871 throughout India and enacted Habitual Offender’s Act. Both theCriminal Tribes Act and the Habitual Offender's Act negate the universallyproclaimed principle that "all human beings are born free and equal". Thelisting of these Denotified and Nomadic under the Habitual Offender’s Actalso negates the principle of the criminal justice system – innocent untilproven guilty.

There is no political will to eradicate such on going racism and violationsof the tribal people and therefore any initiatives to do so have no success.In the Five Year plan to rehabilitate the Denotified Tribes, the IndianPlanning Commission made a stipulation of Rs. 3.5 crores to insure theresettlement of ex-criminal tribes and programs to assist them inintegrating into Indian community life. Since the first Five Year plan therehave been three more similar attempts to rehabilitate the tribes. However,the racist approaches to these initiatives continue and the outcomes haveinevitability not been successful.In the late 1990s, the government moved to abolish the HabitualOffenders Acts. The judiciary reviewed the custodial death cases ofBudhan Sabar in West Bengal and Pinya Hari Kale in Maharashtra. Inlandmark judgments, the judges found the police guilty, punished4responsible police officers, and awarded compensation to survivors.2

Although a significant incident for accountability by the State, it did notbecome a turning point in the lives of the DNT’s. The decision did notchange the attitude of the forces or the administration and no equality orrespect for the DNTs were shown by society as remains today.The Telegraph in July 31, 1998 reported on the reasoning behind the lackof progress on integrating the DNTs : "Madhya Pradesh Chief MinisterDigvijay Singh today expressed concern over a series of recent robberiesin Madhya Pradesh by Pardhi tribals, identified as having criminalantecedents. These tribes [sic ], listed as criminal ethnic groups, havedefied the efforts of the government to rehabilitate them. The CM saidstate projects to provide these people with education did not have anyimpact on their criminal instincts. Pardhis have "criminal antecedents,"are "listed as [a] criminal ethnic group," and nothing the state does seemsable to change "their criminal instincts." This article shows the brutality,racism, and prejudice towards the DNTs remains part of Indian culture.The residual effects of 1871 Criminal Tribes Act are manifested in thewide range of atrocities perpetrated on members of these so-called“criminal” tribes by those whose prejudice has not subsided. Deep-seateddiscrimination has led to various types of horrific treatment of many ofthese tribes in different parts of the country. Many tribes booked underthis Act are without the knowledge or awareness that the destruction oftheir lives and the situation they are in is due to the State and the nontribalpeople.Between 1979 and 1982, forty-two Lodha were mob-lynched withoutsuspicion of crime but based on their tribal identity. Police have yet totake any action on any of the cases.2 Tarun Jain (Feb 2007) ‘Defying labels, defining themselves’

5Abuses against Denotified and Nomadic Tribes.On January 30th 2007, the Forum for Fact-Finding and Advocacy filed apetition to National Human Rights Commission. Deba Paharia, was

allegedly murdered in a remote village on January 6, 2007. In response,several men and 3 ladies were arrested and taken to Sundarpahar policestation in Jharkhand on January 9 (the police contest this date andclaimed that the arrests occurred on January 11). The men were allegedlyphysically assaulted, and witnesses confirm that there were tell-talemarks of police brutality on their bodies. The three female victims (allaged between 28 and 31) claim that they were illegally detained, and thatduring that detention they were subjected to torture, rape, that they werestripped and paraded naked around the police station, and that the policestole Rs.120 from them. The victims have identified the perpetrators asthe officer-in-charge, Dipnarayan Mandel and another officer, MahadevOraon.In 2006, the Government of Jharkhand initiated a scheme to form anarmed police battalion comprising of primitive tribes. It was allegedly anattempt to rehabilitate the Paharias, one of the nine primitive tribes inJharkland. It appeared to be a battalion of a special police force. Out ofthe 1.92 lakh primitive tribe population in the state, comprising as manyas nine groups, as many as one lakh happen to be Paharias. Among allthe primitive tribes in the state, there are only 101 graduates, accordingto welfare department officials3. Although supposedly a rehabilitationinitiative, it derives from the fundamental basis of discrimination thatthese tribes were born with criminals or with criminal attributes. TheForum for Fact-Finding and Advocacy filed a complaint to the NationalHuman Rights Commission on this issue. Without providing a chance fordefending the case to Forum for Fact-finding Documentation andAdvocacy, National Human Rights Commission dismissed the complaint.It is against the principle of cardinal principle of natural justice. TheGovernment of India permitted the State Government of Jharkhand toform the tribal battalion on the basis of their ethnicity.3 (The Telegraph Feb 2006)

6According to the Indian Confederation of Indigenous and Tribal People(ICITP), 80 percent of the tribal populations live below the poverty level.In 1998, the National Human Rights Commission established a panel toinvestigate the condition of the country's 20 million denotified tribalpeople. During 2000, the panel prepared a report for the National HumanRights Commission on their condition, which recommended that theHabitual Offenders Act, aimed at the denotified and nomadic tribes, berepealed. At year's end, no action had been taken on thisrecommendation. According to the ICITP, more than 40,000 tribalwomen, mainly from Orissa and Bihar, have been forced into situations ofeconomic and sexual exploitation; many come from tribes that weredriven off the land by national park schemes. Special courts to hearcomplaints of atrocities committed against tribal people were to havebeen established under the Protection of Civil Rights Act, but this neverwas accomplished4.

In September 2006, a Bhil woman was attacked and raped by a MadhyaPradesh police officer while her brother-in-law was tied up and beatenafter trying to protest her rape. After in incident, on arrival at the policestation to report crime, the police harassed the pair and refused to filetheir complaint. The situation erupted and subsequently other Bhil tribalmembers, due to the inaction towards the perpetrators, fought withpolice.The Tribal Welfare Research Institute, a Jharkhand governmentorganisation, has undertaken an intensive survey of the Primitive TribalGroups. In their reports, it was found that the two Pahariya groups inPakur district have pledged for loans around 2,500 acres of preciousagricultural land. The official survey by the institute has revealed that outof 22 districts, in 14 districts the Primitive Tribal Groups have taken loanof over Rs 1.4 crore of which only Rs 64 lakh have been disbursed by thebanks. This loan amount was overwhelming especially when considering4 (Country Reports on Human Rights Practices -Released by the Bureau of Democracy, Human Rights, and LaborMarch 2002)

7that 80 per cent of the populations were making a living of less than Rs600 per month. Only 1.09 per cent had an income of more than Rs 1,000.They belonged to Korwa tribe living in Garhwa district5.In 2003, the government in Jharkhand aimed to acquire tribal land fromthe Paharias in order to pursue a coal-mining project in the region. Theproject breeched the Land Acquisition Act and the Santhal ParganaTendency Act, would have deleterious effects for over 50,000 tribalmembers.In Madhya Pradesh, the impoverished status of many of the Bhil peoplehas resulted in the International Labor Organization finding that theyconstitute a significant portion of bonded labor in the agricultural sectorthere. In perhaps the most publicized of these cases, the threat ofsubmersion posed by the Narmada Valley damn project is borne primarilyby the Bhil tribe. They are the primary inhabitants of the and in theNarmada Valley, having occupied it for centuries. The perception of theBhil’s as ‘criminal’ seems to render their rights unimportant in the eyes ofthe government and private enterprises, which seek to benefit fromharnessing the resources of the region.On August the 28th 2001 a Pardhi woman, after her sons were falselyarrested, ignited herself in protest in court. This incident led tomerchants burning down over 100 homes belonging to Pardhi villagers.These are only a few cases of violence and other atrocities that have beencommitted against the “criminal” tribes of the Paharia, Lodha, Pardhi andBhil and other DNT’s. There are more on record, which date back tobefore independence. The incidents demonstrating the difficulty many ofthese tribal members face in filing reports with the police, suggest thatmany more violations have occurred though have yet to be recorded.There are 60 million “de-notified” tribal members who are ostracized and5 (Hemendra Narayan (2006) Still waiting for progress- Tribes at crossroads in The Telegraph India)

8victimized, particularly by the police. The number of cases recordedhowever is only a small fraction.ConclusionDNT’s are distinguished in relation to their ancestry, their race - thisdiscrimination prejudices their benefit of many human rights – the rightto life, liberty and security, the right to equality before law, and the rightnot to be discriminated against. It is also important that the specifichuman right violations made by state authorities, including police,against these tribes are accounted for by the State and the colonial viewthat DNTs have “criminal tendencies” are not used to scapegoat thesevictims or deny them justice to human right violations that they havesuffered. There is also the need for adopting policy measures and endingthe existing racial laws in India.We respectfully ask the members of the Committee on the Elimination ofRacial Discrimination to raise these issues with the government of Indiaand ask concerted effort to end all racial discrimination against theDenotified and Nomadic Tribes by ensuring its commitment tointernational human rights standard and principles.

Denotified and Nomadic Tribes in Maharashtra

Motiraj Rathod

Introduction

The Nomadic and Denotified tribes constitute about five million of population in Maharashtra and about 60 million all over India. There are 313 Nomadic Tribes and 198 Denotified Tribes. Due to the wandering traditions over hundreds of years without any ostensible means of livelihood under the influence of the caste system, they are forced to live under sub human conditions. The large section of these tribes is known as "Vimukta jaatis" or the Ex-Criminal Tribes because they were branded as criminals by birth under the "Criminal Tribes Act 1871", enacted by the British Government. In spite of the repeal of the act in 1952, they are still treated as Criminals by birth and subjected to harassment and persecution at the hands of the police and the state machinery. However, they have been deprived of the status of Scheduled Tribes provided by the constitution due to certain historical circumstances and the acts of omission and commission on part of the Government and the society.

Criteria for Constitutional Safeguards

After Independence, under Article 366 (25) of the Constitution of India certain tribes were classified as Scheduled Tribes and have been provided with constitutional safeguards under

Article 342 (2) on a national basis. The classification was made on the basis of the following criteria, which are fulfilled by the NT's and the DNT's being the most depressed sections of society.

Primitive Traits

A majority of the Nomadic and Denotified tribes exhibit the primitive traits even today. They still live in tribal groups moving from place to place in caravans in search of livelihood. The various practices like worship of nature in different forms, animal sacrifices during religious ceremonies, adorning head with horn (Banjara woman), not wearing a blouse (Wadar woman) are only a few of them to demonstrate this fact. Their social life is still governed by Jat Panchayats , a primitive form of social organization. Every year they assemble at Madhi a village in Nagar district of Maharashtra state, in annual fair where the sessions held by the Jat Panchayats of each tribe sort out various issues pertaining to individual and social problems.

Distinct Cultural Identity

The Nomadic and Denotified tribes have a rich heritage of culture that is distinctly different from other social groups and can be easily identified by their dress, dialect, folklore, customs and practices. Their life style and the profession display these characteristics in every social encounter.

Geographical Isolation

From generation after generation, these tribes have had wandering traditions and they have hardly been integrated in the society. In fact, the society has always looked at them with mistrust and suspicion due to the stigma of criminality attached with them. In that sense they have been living a life of isolation from the rest of the society. Some of these tribes still prefer to stay near jungle, away from the villages. Their temporary settlements are known as pal or pada.

Social Backwardness

The Nomadic and Denotified tribals have no means of production and livelihood as a result of which they have to move from village to village in the form of a caravan. Also, the children are deprived of education. They cannot take education through regular school systems in a settled society due to this unstable life style. They are left away from the mainstream of life and their life is fossilized in poverty, superstition and ignorance. They have remained backward economically and socially. Apart from the criteria mentioned above there are two other criteria which make these tribes eligible for having constitutional safeguards which are enjoyed by the Scheduled Tribes.

Nomadic Way of Life

As already mentioned these tribes have wandering traditions. In absence of any means of survival and lack of education to fit into the settled society they are forced to continue with this tradition for bare survival in the most degrading and sub human conditions. Thousands of

families belonging to these tribes wander from place to place and stay in temporary structures rarely fit for humans beings to stay. Unless they settle at one place or another, unless they are provided with opportunities of education and employment they will never be in a position to integrate themselves in the society and avail of the benefits of modern civil life.

Stigma and Criminality

Though Criminal Tribes Act was repealed in 1952 the stigma of criminality is still attached with them. Due to this stigma they are the victims of persecution and torture at the hands of the British and the state machinery. Anywhere an act of theft or robbery takes place persons belonging to these tribes in the surrounding area are arrested and subjected to various forms of torture. In the eyes of the society they are still criminals, and a wide gulf exists between them and the rest of the society.

Historical Perspective of the Problem

In the year 1950, the list of Scheduled Castes and Scheduled Tribes was released. The Criminal Tribes Act was repealed in 1952. Though the Criminal Tribes Act Enquiry committee had categorically made the recommendations to the Central Government regarding these tribes they were deprived of the Constitutional safeguards due to both the acts of commission and omission. Thereafter the issue was swept aside due to the conflicts of the state formation on the linguistic pattern and these tribes in Maharashtra became victims in the process.

Following the linguistic pattern of state formation the territory of the early Nizam state was shared by Andhra Pradesh, Maharashtra and Karnataka. While the tribes in the territory included in Andhra Pradesh and Karnataka enjoy the constitutional status and priviliedges, the same tribes in the territory of Marathwada region included in Maharashtra are deprived of it for no fault of theirs. Similarly, it is ironical that tribes like the Kaikadi and Pardhi in Vidarbha, which was previously a part of Madhya Pradesh, enjoy the constitutional status, in the rest of Maharashtra they are deprived of it.

Since the Nomadic and the Denotified tribes which form the lowest rungs of the society fulfill all the criteria applicable to the ST they enjoy the constitutional status in most other states. Unfortunately, their counterparts in Maharashtra, though they share the same dialect, life style, cultural practices, social customs and blood relations they are deprived of the status of the Schedule Tribes. Instead of doing away with the injustice, the government went on including more and more castes and tribes in the Schedule of the NT's and DNT's pushing the original tribe against the wall. (See Table I and II).

A Brief History of Movement

The Nomadic and Denotified tribes have been fighting for justice since 1972. Unfortunately, no attention has been paid by the Government to this just and rightful demand. Following is a brief summary of the efforts that have been on this issue.

o On 14th November 1985, a statewide Rasta Roko agitation.o On 14th November 1986, Birhad Morcha on Nasik jail. About 10,000 families belonging to

these tribes took out a morcha in Nasik jail demanding arrest and imprisonment if the Government fails to provide Constitutional safeguards.

o In June 1987, organized Pardhi Parishad making similar demand.o In Oct 1987, Birhad Morcha was organized at Chalisgaon.o On 25th April 1988, Manifesto of demands was submitted to the Governor of

Maharashtra and filed a writ petition in Bombay High Court for their demands.o On 31st March 1989, a memorandum was submitted to the late Rajiv Gandhi, the then

Prime Minister through Sharad Pawar, the Chief minister of Maharashtra.o On the 10th and 11th of November 1990, the attention of the State government was

again drawn to the age old demand of these tribes by going on a fast on the eve of a winter session of Maharashtra assembly in Nagpur.

Decisive Moment

The present Chief Minister is well aware of the problems and the demands of these tribes and also about the history of the movements of these tribes on the issue. Now the time has come for these tribes to put the Chief Minister to test and launch a decisive fight against the discrimination and injustice meted out against the tribes.

The Government of Maharashtra, has already declared its decision of implementation of recommendations of Mandal commission. Since the Nomadic and Denotified tribes have been clubbed with other advanced sections of the society in the Mandal Commission Report, they will never be in a position to avail any benefit out of it. On the contrary, it has done a lot of injustice to the tribes in the original Schedule of NT's and DNT's.

In these circumstances the NT's and DNT's are left with no alternative but to prepare themselves for protracted struggle against the injustice to secure their demand of classification equivalent to Schedule Tribes. The NT's and DNT's have no intention of cutting into the share of the present Schedule Tribes. On the other hand, they demand that they should be included in a separate schedule having a constitutional status equal to the ST's. The ST's are not their foes but their allies in the struggle. It is possible to classify these tribes as Schedule tribes by a notification issued by the President of India. We may quote here that a similar act of omission in respect of certain tribes in Nagaland was corrected by the former Prime Minister Rajiv Gandhi in a similar fashion.

The Nomadic and Denotified Tribes are National tribes. They have no place of their own. Hitherto, their life is a long tale of suffering and persecution due to the absence of a means of livelihood and the stigma of criminality attached to them by the sedentary society. While it may take years and years to remove this stigma, the injustice meted out to them due to the act of omission and neglect could well be corrected without any further delay. It will be impossible for these tribes to enjoy human rights or the civil rights available to the citizens of India unless there is a positive intervention of the government in the form of Constitutional safeguards.

Table I: A List of NT's and DNT's in the original schedule  

Denotified Tribes1. Berad, 2. Bestar, 3. Bhatma, 4. Kaikadi, 5. Kankarbhat, 6. Katabu, 7. Lamani, 8. Phase-Pardhi, 9. Raj-Pardhi, 10. Rajput-Bhatma, 11. Ramoshi, 12. Vadar, 13. Waghari and 14. Chhapparbandh

Nomadic Tribes 1. Bawa, 2. Beldar, 3. Bharadi, 4. Bhute, 5. Chalwadi, 6. Chitrakathi, 7. Garudi, 8. Ghisadi, 9. Golla, 10. Gondhali, 11. Gopal, 12. Helwe, 13. Joshi, 14. Kasi-Kapadi, 15. Kolhati, 16. Mairal, 17. Masan-Jogi, 18. Nandi-Wale, 19. Pangul, 20. Raval, 21. Shikalgar, 22. Thakar, 23. Vaidu, 24. Vasudeo.

Table II: Statewise classification of some of the tribes

Banjara

Vadar

Kaikadi

Pardhi

Kanjarbhat

Berad

ANDHRA S.T. S.C. S.C. S.C. S.C. S.C.

KARNATAKA S.C. S.C. S.C. S.T. S.T. S.T.

DELHI S.C. S.C. S.C. S.T. S.T. S.C.

U.P. O.B.C. O.B.C.

S.C. S.T. S.T. S.T.

ORISSA S.T. S.C. S.C. S.T. S.T. S.C.

BENGAL S.T. S.T. S.T. S.T. S.T. S.C.

BIHAR S.T. S.T. S.C. S.T. S.T. S.T.

GUJARAT S.T. S.T. S.C. S.T. S.T. S.T.

H.P. S.C. S.C. S.C. S.T. S.T. S.T.

RAJASTHAN S.C. S.C. S.C. S.T. S.T. S.C.

MAHARASHTRA

DNT DNT S.C. S.T. DNT DNT

TAMILNADU DNT DNT S.C. S.T. DNT DNT

It is seen from the above table that the constitutional rights available to the NTs and DNTs in many states are not available to those in Maharashtra. According to sections 19, 20, and 21 the citizens are guaranteed with the right to settle in any part of the country. However, the members of these tribes can do so only at the cost of their constitutional safeguards which amounts to a gross injustice to them.    

Table III: tribewise classification in different states: Some examples

1. Baharupi: Andhra-N.T., Gurjarath-N.T., Maharashtra-N.T., M.P.-N.T., Karnatak-S.C.2. Bawa: gujarath-S.C., Maharashtra-N.T., M.P.-N.T.3. Beldar: M.P.-S.C., Orissa-S.C., U.P.-S.C., Bengal-S.C., Maharashtra-N.T.4. Bhamta: Maharashtra-N.T., Andhra-D.N., Gujarat-DNT5. Bhoi: Karnataka-S.C., Orissa-S.C., Maharashtra-N.T.6. Budbudke: Maharashtra-N.T., Andhra-N.T., Gujarath-N.T.7. Chalwadi: Maharashtra-N.T., Andhra-S.C., Gujarath-N.T.8. Chitapardhi: Maharashtra-S.T., Gujarat-N.T., M.P.-N.T., Karnatak-N.T.9. Davari Gosavi: Maharashtra-N.T., Gujarat-N.T., U.P.-N.T.10. Gadi-Lohar: Maharashtra-N.T., M.P.-N.T., Gujarat-N.T., Rajasthan-N.T.11. Ghanti-Chor: Maharashtra-N.T., Gujarat-N.T., M.P.-N.T., Delhi-N.T.12. Garudi: Maharashtra-N.T., Gujarat-N.T., M.P.-N.T.13. Ghisadi: Maharashtra-N.T., Gujarat-N.T., M.P.-N.T., Delhi-N.T., Rajastan-N.T.14. Bolla: Maharashtra-N.T., Gujarat-N.T., Andhra-N.T., tripura-N.T., Karnataka-N.T.15. Gondhali: Maharashtra-N.T., Andhra-N.T., Karanatak-N.T., Gujarat-N.T.16. Gopal: Maharashtra-N.T., M.P.-N.T., Gujarat-N.T.17. Jogi: Maharashtra-N.T., H.Pradesh-S.C., Tamilnadu-DNT, Gujarat-N.T.18. Kahar: Maharashtra-N.T., Tripura-S.C.19. Kapadi: Maharashtra-N.T., Gujarat-N.T., M.P.-N.T.20. Kolhati: Maharashtra-N.T., M.P.-N.T., Karnatak-N.T.21. Masan-Jogi: Maharashtra-N.T., Andhra-DNT, Karnataka-S.C.22. Shikalgar: Maharashtra-N.T., Punjab-S.C., Delhi-S.C., H.M.-S.C.23. Tirmali: Maharashtra-N.T., Gujarat-N.T., Karnatak-S.C., Andhra-S.C.24. Vasudeo: Maharashtra-N.T., Gujarat-N.T., M.P.-N.T

The Government of India vide Resolution No. dated 14th march, 2005 Constituted National Commission for De-notified, Nomadic and Semi Nomadic tribes to study  various developmental aspects of these Tribes.  The Government of India also appointed the Chairman, a Member and the  Member Secretary of this commission vide Government notification  F. No.  12016/24/2005 dated the 6th February, 2006. The Commission  assumed its functioning w.e.f. 6th February, 2006.

The word Nomadic Tribes refers to the people who were forced to live a wandering life by the Indian Caste System. The Nomadic and Denotified Tribes consist of about 60 million in India, out of which about five million lives in Maharashtra. There are 313 Nomadic Tribes and 198 Denotified Tribes.

Due to wandering traditions of over hundreds of years without any good means of life under the influence of caste system, they are forced to live under sub human conditions. The large section of this tribes is known as vimukta jatis or 'ex-criminal castes' because they were branded as criminals by birth under the act Criminal Tribes Act 1871, enacted by British rule in India.

After independence of India, this act was repealed by Government of India in 1952. However, they have been deprived from the status of Scheduled Tribes because of some historical circumstances.

A large section of these people has converted to Buddhism under the leadership of Laxman Mane.

Stigma Of Criminality

By Human Rights Features

09 July, 2004

The discrimination, abuse, and social and economic marginalisation faced by millions of Indians belonging to 'denotified and nomadic tribes' (DNT-NTs) have their roots in 19th century British colonialism when such tribes were 'notified' by the British as being inherently "criminal". However, thishistorical pattern of marginalisation and abuse continues today, and is a blight on India's human rights record and its declared commitment to the equality and well-being of all its citizens under both domestic and international law.

The British had sought to control and contain these landless and nomadic "criminal tribes" through a series of Criminal Tribes Acts propagated throughout the different geographical and administrative units of India. The first Act, passed in 1871, applied only to areas in north India; however, in subsequent Acts, and particularly in 1911, the measures were extended to all of British controlled India, and altered to include ever-more draconian features.

These Acts gave sweeping powers to the local governments to recommend that certain "tribes, gangs, or classes" be declared as being "addicted to the systematic commission of non-bailable offences". Once a tribe became notified as belonging to a criminal class, all members of the group were required to register at a specific time and place with the local magistrate. Anyone failing to register would be charged with a

crime under the Indian Penal Code. Further, the Act gave broad powers to the local government to forcibly move these 'notified' tribes to 'permanent reformatory settlements'. Labelling such areas as settlements glosses over their true nature as virtual prisons, as anyone belonging to one of the 'notified' tribes could be imprisoned for "escaping" from their reformatory settlement, or for being anywhere "beyond the limits so prescribed for his residence." The settlements that were created served as de facto labour camps, with contractors requiring cheap manual labour farming out members of the settlement camps. Thus the members of these tribes were caught in the colonial nexus of land reform, the need for cheap labour, and the rhetoric of social reform.

Although the Criminal Tribes Acts were repealed across India in 1952, these communities continue to carry with them the stigma of criminality. DNT-NT communities must have looked forward to an independent India that afforded them protection under the fundamental rights section of the Indian Constitution. However, the promises of Articles 14 (equality before the law), Article 15 (prohibition of discrimination), and Article 21 (protection of life and personal liberty) have yet to extend their full reach over DNT-NTs. Further, following the repeal of the Criminal Tribes Acts by newly independent India, a series of 'Habitual Offenders' Acts was passed by State governments across India which mirrored the Criminal Tribes Acts in significant ways. Although not listing certain groups as being inherently criminal, the Habitual Offenders Acts use many of the same registration and notification procedures as outlined in the Criminal Tribes Acts, and have been used routinely against members of DNT-NTs.

The use of the Habitual Offenders Acts against DNT-NTs goes against the protections provided both in the Code of Criminal Procedure as well as the Indian Constitution. The Code of Criminal Procedure includes a number of safeguards that are intended to protect the rights of the accused under investigation for a crime. In section 41 of the Code, an arrest may be made when there is reasonable suspicion. However, the concept of 'reasonable' can in no credible way be argued to cover mere membership of a particular community. Suspicion must reside in the certainty that is attached to the actions of an individual, not based on tribal name or affiliation. Further, the treatment of DNT-NTs at the hands of the police and government authorities is in contravention of standard procedures of justice that dictate that an accused must be presumed innocent before conviction, and that guilt must be established beyond a reasonable doubt.

The contrast of such provisions of the Code with an excerpt from the Habitual Offenders Act (Andhra Pradesh) is striking.

(1) If in the opinion of the government it is necessary or expedient in the interests of the general public so to do, the Government may by order direct that any registered offender shall be restricted in his movements to such areas and for such period not exceeding three years as may be specified in the order.

(2) Before making such order, the Government shall take into consideration the following matters, namely. (b) whether the registered offender follows any lawful occupation and whether such occupation is conductive [sic] to honest and settled way of life and is not merely a pretence for the purpose of facilitating commission of offences. (emphasis added)

This provision grants broad administrative power based on mere interpretation. When the basis of such provisions relies on the interpretation of administrative bodies that have a history of persecuting certain groups, and when the context of such interpretation takes place within a society at large, where widespread discriminatory attitudes toward the DNT-NT communities exist, occupations and practices of DNT-NTs will continue to be seen as mere covers for crime. Under this provision, true and lawful employment can be construed as being a ruse for criminality, especially when DNT-NT communities are the immediate suspects in so many instances of crime. This vicious cycle is further compounded when media reports of certain cases of crime accuse DNT-NTs as "criminal tribes" by name, and even describe

their various occupations, which they supposedly use for cover. All of this leads to the patterns of continued abuse and discrimination of DNT-NTs.

Socio-economically, DNT-NTs enjoy living standards far below that of other Indians, and because of the discrimination and stigma of criminality they face, they are at a severe disadvantage when it comes to finding employment. While various welfare schemes have been established in certain states, their limited purview, weak mandate, and inconsistent implementation render them ineffective in ameliorating the plight of DNT-NTs.

Although the problems of DNT-NTs have been recognised by the National Human Rights Commission (NHRC) through the formation of a sub-group to study the issue, as well as specific recommendations made to State governments, there has yet to be any real and meaningful action on the part of responsible parties. National legislation exists to deal with atrocities committed against Scheduled Castes (SCs) and Scheduled Tribes (STs), but this has yet to be used in the vast majority of abuse cases perpetrated against these groups. Further, different States have categorised DNT-NTs in different ways, with certain groups falling under the designation of SCs, STs, or Other Backward Classes (OBCs), or having no special designation at all. Therefore, there is a need for a national response to the issues facing DNT-NTs, with the creation of a separate category of DNT-NT so that the particular and unique issues of discrimination and abuse that these communities face (including the stigma of criminality they continue to carry), can be handled in a substantive manner.

Provisions of international law provide further protection for India's DNT-NTs. However, while India has signed and ratified certain conventions that would guarantee the rights of these communities, the reality of their non-implementation nullifies the protections offered by them. This disparity between the rhetoric of rights so commonly proclaimed by the Indian Government and the lack of access to such rights by communities is both deceptive and disturbing. The International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), all of which India is a State party to, include numerous protections which as of yet have not reached India's millions of DNT-NTs.

If the standard of any of these individual provisions is not enough to indicate a clear breach of law, then the totality with which India has ignored, refused to implement, or proved incapable of enforcing all of the above provisions together, in both domestic and international law, is truly staggering and merits immediate attention. The rule of law is meant not only in the disciplinary sense of punishment, but much more broadly in the sense of creating an environment conducive to the full realisation of the whole range of rights to all citizens. This full realisation of rights by all citizens is an ideal that should be striven for at all times.

While the burden of action and redress lies with the Central and state authorities, the systemic nature of the problem also requires civil society to engage in an honest and open dialogue, to examine the ways in which discrimination continues to exist, and to ensure that members of DNT-NTs are able to live freely, without the burden of discrimination and abuse, and with adequate institutional safeguards to protect their life and liberty.

Continuous attempts are being made by the Commission to address various Human Rights Issues.Some of these issues are being monitored as Programmes on the directions of the Supreme Court.

The Programmes in pursuance of Supreme Court Remit are :-

Abolition of Bonded Labour Functioning of the Mental Hospitals at Ranchi, Agra and Gwalior Functioning of the Government Protective Home (Women), Agra Right to Food

Other Programmes and Human Rights issues taken up by the Commission include :-

Review of the Child Marriage Restraint Act, 1929 Protocols to the Convention on the Rights of the Child Preventing Employment of Children by Government Servants: Amendment of Service Rules Abolition of Child Labour

  Guidebook for the Media on Sexual Violence against ChildrenTrafficking in Women and Children : Manual for the Judiciary for Gender Sensitisation Sensitization Programme on Prevention of Sex Tourism and Trafficking Maternal Anaemia and Human Rights Rehabilitation of Destitute Women in Vrindavan Combating Sexual Harassment of Women at the Work Place Harassment of Women Passengers in Trains Abolition of Manual Scavenging Dalits issues including atrocities perpetrated on them Problems faced by Denotified and Nomadic Tribes Rights of the Disabled Right to Health HIV/AIDS Relief Work for the Victims of 1999 Orissa Cyclone Monitoring of relief measures undertaken after Gujarat Earthquake 2001 District Complaints Authority Population Policy- Development and Human Rights

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Abolition of Bonded Labour

The Commission has been involved in the monitoring of the implementation of the Bonded Labour System (Abolition) Act as per the directions of the Supreme Court in WP (Civil) No. 3922 of 1985 (PUCL v State of Tamil Nadu & Others).

The Commission is presently monitoring the BLS (Abolition) Act by calling for information from the States on a quarterly basis on identification, release and rehabilitation of bonded labour.

In September 2000, the NHRC constituted a Group of Experts to closely examine the matter and to prepare a report on the status, suggest methods of improving the existing schemes and make recommendations to effectively implement the laws for abolition of bonded labour system and other connected matters.

The Report of the Expert Group was submitted to the Supreme Court. The Report contained a status of the work relating to the abolition of the bonded labour system in the various States. It detailed the position of the various existing schemes and made several recommendations to amend the Act so as to make it more effective.

The NHRC through its Special Rapporteurs has been interacting with the State Governments and with the Ministry of Labour to evolve suitable measures to eradicate the problem of bonded labour.

The Commission is involved in sensitizing the District Magistrates, Deputy Commissioners, Deputy Development Commissioner and other Senior Officers of the State Government by holding Sensitization Workshops. These workshops are presided over by the Chairperson and Members of the Commission. During 2003-04 sensitization workshops for the District Magistrates were held in Punjab, Uttar Pradesh, Bihar and Karnataka. During 2004-05, four additional workshops are proposed to be held.

Functioning of the Mental Hospitals at Ranchi, Agra and Gwalior

The Management of the mental hospitals at Ranchi, Agra and Gwalior came under the scrutiny of the Supreme Court through Writ Petitions (C) No.339/96, No.901/93, No.80/94 and No.448/94 in the matter of Rakesh Chandra Narain etc. v. State of Bihar etc.. The Supreme Court in its Order dated 11 November, 1997 requested the National Human Rights Commission to be involved in the supervision of the functioning of these three hospitals. In pursuance of the Order of the Supreme Court, the Commission remains deeply involved in overseeing the functioning of the Ranchi Institute of Neuro Psychiatry and Allied Sciences (RINPAS), Institute of Mental Health and Hospital (IMHH), Agra and the Gwalior Mansik Arogyashala (GMA), Gwalior. The Commission continues to monitor the implementation of the tasks assigned to these Institutions by the Supreme Court while granting them autonomous status in September 1994.

A Member and Special Rapporteur of the Commission visit these Institutions periodically and submit detailed reports on the working of various services and facilities, treatment and care of patients, training and research activities and community health services as specified by the Supreme Court.

As a result of the monitoring by the Commission, improvements have since been noticed in the working of these Institutions. Admissions and discharge have been streamlined in accordance with the provisions of the Mental Health Act, 1987. A clear shift from custodial to treatment and care concerns is noticeable in the functioning of these institutions. Cell admissions have been totally stopped. Switch over from close to open system of custody of patients is being steadily improved. Incidence of death of patients has come down as a result of close scrutiny of every case by the Commission. Library facilities, training activities and research works have shown appreciable improvement at RINPAS, Ranchi and the IMH&H, Agra. The aspect of Community Mental Healthcare is receiving greater attention than before.

A Core Group headed by a Member of the Commission has been set up for rehabilitation of mentally ill cured patients languishing in the three mental hospitals.

Functioning of the Government Protective Home (Women), Agra

As per the directions of the Supreme Court of India in the Writ Petition No.1900/81 - Dr. Upendra Bakshi & Others v State of Uttar Pradesh vide Order dated 11-11-1997, the Commission has been supervising the functioning of the Government Protective Home (Women), Agra. The District Judge of Agra has been entrusted with the responsibility of conducting monthly inspections and submitting a visit report to the Commission. The Reports are scrutinized by the Commission and appropriate directions given to the State Government for overall improvement of the functioning of the Home.

A Member of the Commission as well as a Special Rapporteur of the Commission frequently visit the Home to make a broad assessment of the functioning of the Institution. The Home was last visited on 5th May, 2003 and certain discrepancies were noticed during the visit. The Commission has taken up the matter with the State Government.

The Commission called the Director (Women's Welfare), Govt. of Uttar Pradesh for a discussion alongwith the Superintendent of the Home and the District Probation Officer, Agra to review the functioning of the Home on 20-01-2004. The Director (Women's Welfare) was directed to take pro-active steps in Agra and elsewhere in the State for effective cooperation between the concerned wings of the administration for effective implementation of the Immoral Trafficking Prevention Act. The Director (Women's Welfare) was asked to draw up an action plan within a given time frame for implementation of the Act in law and spirit.

Right to Food

On 3rd December, 1996, the Commission took cognizance of a letter from Shri Chaturanan Mishra, the then Union Minister for Agriculture regarding starvation deaths due to the drought in Bolangir district of Orissa. On 23rd December, 1996, the Indian Council of Legal Aid and Advice and others filed a Writ Petition (Civil) No.42/97 before the Supreme Court of India under Article 32 of the Constitution, alleging that deaths by starvation continued to occur in certain districts of Orissa.

When the Writ Petition came up before the Supreme Court of India on 26th July, 1997, the Court directed as under:-

"In view of the fact that the NHRC is seized of the matter and is expected to give its report after an enquiry made at the spot, it would be appropriate to await the report.Learned Counsel for the petitioner submitted that some interim directions are required to be given in the meantime. If that be so, the petitioner is permitted to approach the National Human Rights Commission with its suggestion."

Pursuant to the Orders of the Supreme Court, the Indian Council of Legal Aid and Advice filed a petition before the Commission on 1st September, 1997 making a number of suggestions in regard to interim relief to the affected population.

After due consideration of the matter, the Commission, on 17-02-1998, arrived at the view that some interim measures should be undertaken for an overall period of two years. The Commission also requested the Orissa State Government to constitute a Committee to examine all aspects of the Land Reform question in the KBK Districts. Further the Commission with the assistance of one of its Special Rapporteur has been regularly monitoring the progress of implementation of its directions.

The Commission observed that as starvation deaths reported from some pockets of the country are invariably the consequence of mis-governance resulting from acts of omission and commissionon the part of the public servant, they are of direct concern to the Commission under the provisions of the Protection of Human Rights Act, 1993. The Commission holds the view that to be free from hunger is a Fundamental Right of the people of the country. Starvation, hence, constitutes a gross denial and violation of this right.

Following this, the Commission felt the need to formulate a programme of action for making Right to Food a reality in the country. With this in view, a meeting was organized, with leading experts on the subject, in January, 2004 to discuss issues relating to ‘Right to Food’.

The Commission has approved the constitution of a Core Group on Right to Food, that can advise on issues referred to it and also suggest appropriate programmes, which can be undertaken by the Commission.

Review of the Child Marriage Restraint Act, 1929

In order to curb the practice of child marriage in the country, the Commission recommended to the Central Government (Department of Women & Child Development) a number of amendments to the Child Marriage Restraint Act, 1929 in July 2002. In pursuance of these recommendations, the Central Government (Legislative Department, Ministry of Law & Justice) introduced a Bill entitled the Prevention of Child Marriage Bill, 2004 in the Rajya Sabha on 20.12.2004 incorporating almost all the recommendations of the Commission. The Bill is at present under consideration of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances,

Law and Justice. The salient features of the Bill are as follows:    (i)    To make a provision to declare child marriage as voidable at the option of the contracting party to the marriage, who was a child.

    (ii)    To provide a provision requiring the husband or, if he is a minor at the marriage time, his guardian to pay maintenance to the minor girl until her remarriage.

    (iii)    To make a provision for the custody and maintenance of children born of child marriages.

    (iv)    To provide that notwithstanding a child marriage has been annulled by a decree of nullity under the proposed section 3, every child born of such marriage, whether before or after the commencement of the proposed legislation, shall be legitimate for all purposes.

    (v)    To empower the district court to add to, modify or revoke any order relating to maintenance of the female petitioner and her residence and custody or maintenance of children, etc.

    (vi)    To make a provision for declaring the child marriage as void in certain circumstances.

    (vii)    To empower the courts to issue injunctions prohibiting solemnization of marriages in contravention of the provisions of the proposed legislation.

    (viii)    To make the offences under the proposed legislation to be cognizable for the purposes of investigation and for other purposes.

    (ix)    To provide for appointment of Child Marriage Prevention Officers by the State Governments.

    (x)    To empower the State Governments to make rules for effective administration of the legislation.

Protocols to the Convention on the Rights of the Child

The United Nations General Assembly adopted two Optional Protocols to the Convention on the Rights of the Child on 26 March 2000, viz. (1) Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; and (2) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Commission recommended these Protocols to the Government of India for adoption. Ministry of External Affairs has informed that the Permanent Representative of India to the United Nations, New York was authorised to sign the said Optional Protocols, and in whose favour the instrument of Full Powers was obtained from the President of India for signing the same. Accordingly, the above-mentioned Optional Protocols were signed on 15 November 2004, but they are yet to be ratified.

Preventing Employment of Children by Government Servants: Amendment of Service Rules

With a view to preventing employment of children below 14 years of age by Government servants, the Commission recommended that the relevant Service Rules governing the conduct of Central and State Government employees be amended to achieve this objective. The Union Ministry of Personnel and Public Grievances and Pensions (Department of Personnel & Training), has informed the Commission that the Central Government has amended the All India Services (Conduct) Rules, 1968 as well as the Central Civil Services (Conduct) Rules, 1964. Except for the State of Manipur, all the States/UTs have also brought out the required amendments to the Conduct Rules of their employees.

The Commission intends to monitor the issue and see whether the Central and State Governments actually take action against those public servants who continue to employ children as domestic servants.

Abolition of Child Labour

The NHRC has been deeply concerned about the employment of child labour in the country as it leads to denial of the basic human rights of children guaranteed by the Constitution and the International Covenants.

The Commission on ‘child labour has observed that – “No economic or social issue has been of such compelling concern to the Commission as the persistence, fifty years after Independence, of widespread child labour in our country. It prevails, despite articles 23,24,39(e) & (f), 41, 45 and 47 of the Constitution and despite the passing of various legislations on the subject between 1948 and 1986. It has defied the terms of six Conventions of the International Labour Organization to which India is a party and the Convention on the Rights of the Child, in addition. Despite the announcement of a National Child Labour Policy in 1987, the subsequent constitution of a National Authority for the Elimination of Child Labour (NAECL) and the undertaking of National Child Labour Projects (NCLP) in an increasing number of areas of our country, the goal of ending child labour remains elusive, even in respect of the estimated two million children working in hazardous industries who were to be freed from such tyranny by the year 2000”.

The Commission focusing its attention on the following industries where from rampant reports of child labour were received. These interalia include the :-· Bangle/glass industry· Silk industry · Lock industry· Stone-Quarries · Brick Kiln· Diamond cutting· Ship-breaking · Construction-work· Carpet-weaving

The Commission monitors the child labour situation in the country through its Special Rapporteurs, visits by members, sensitization programmes and workshops, launching projects, interaction with the industry associations and other concerned agencies, coordination with the State Governments and NGOs to ensure that adequate steps are taken to eradicate child labour.

The Commission believes that unless and until the reality of free and compulsory education for all upto the completion of the age of 14 years is realized, the problem of child labour shall continue. The Commission has involved the NGO sector in the non-formal education of child labourers and a number of such schools/training centres are functioning in the districts of the carpet belt. There has also been a distinct improvement in the level of awareness among the general public about child labour issues.

Guidebook for the Media on Sexual Violence against Children    In order to encourage media professionals to address the issue of sexual violence against children in consistent, sensitive and effective manner, consonant with the rights and best interest of children, the Commission and Prasar Bharati with support from UNICEF have jointly developed a Guidebook for the Media on Sexual Violence against Children. The Guidebook is the culmination of four workshops organised in Goa (1999), Ranchi (1999), Jaipur (2000) and Puri (2000) in which professionals, legal functionaries, police personnel, communication specialists and media professionals participated. The Guidebook aims to facilitate media intervention to protect the rights of children against sexual violence.

 

Trafficking in Women and Children: Manual for the Judiciary for Gender Sensitisation

The Commission and the Department of Women and Child Development, Government of India in partnership with UNICEF have prepared a Handbook for sensitizing the subordinate judiciary on the issue of Trafficking of Women and Children for Commercial Sexual Exploitation. The purpose of the Handbook is to sensitize the Judicial Officers

to the actual situation of the trafficked victims and to provide them with a perspective so that they could proactively safeguard the rights of victimised women and children, through a sensitive interpretation of the law. The Handbook has been finalised and is being printed by the UNICEF.

Sensitization Programme on Prevention of Sex Tourism and Trafficking

In order to sensitize senior representatives of the hotel and tourism industry on various issues relating to sex tourism and trafficking, the Commission in collaboration with UNIFEM and the Women’s Institute for Social Education, Mumbai organised a one-day Sensitisation Programme on Prevention of Sex Tourism and Trafficking. The recommendations that emerged out of this programme were adopted by the Commission and follow-up action is now being taken on them.

Maternal Anaemia and Human Rights

The Commission has been concerned about the right to health, in particular about the deleterious effects of maternal anaemia both on the mother and on the child. It thus took up the issue of the widespread prevalence of iron deficiency among expectant mothers, which has resulted not only in high infant and maternal mortality but also in low birth weight related developmental disabilities, especially among economically disadvantaged sections of the society. In order to evolve a plan of action for systemic improvement in the health care deliverysystem, it organised a two-day Workshop on Health and Human Rights, with special reference to maternal anaemia in the year 2000, in partnership with the Department of Women & Child Development and UNICEF. The recommendations of the workshop were forwarded to the concerned Ministries of the Central Government for appropriate action.

Rehabilitation of Destitute Women in Vrindavan

The Commission has been engaged in efforts to improve the status and uphold the rights of destitute and marginalized women, particularly widows, living in Vrindavan. Accordingly, it has held meetings with senior officials of the Department of Women & Child Development, Ministry of Human Resources Development, Governments of Uttar Pradesh and West Bengal and representatives of NGOs to ensure that their accommodation, pension, health care, cremation, income generation and other needs are met.

Combating Sexual Harassment of Women at the Work Place

The Commission has been receiving a large number of complaints alleging sexual harassment of women at the workplace. It also observed that the Supreme Court guidelines in Vishaka v State of Rajasthan case [No.1997 (6) SCC 241 dated 13.8.1997] were not being implemented adequately in the States/UTs, either in the public sector or in the private sector. Many institutions are yet to set up Complaints Committee (CC) as envisaged in the Supreme Court guidelines. The Commission thus keeps monitoring with the States/UTs. Though most of the State Governments have amended their Conduct Rules and set up Complaints Committees, some States and Union Territories are yet to report.

    There was also ambiguity with regard to the exact role of the CC as to whether such a committee could be equated with an Inquiry Committee set up in a disciplinary inquiry, or it would have a wider role. Meanwhile, the Supreme Court in its judgement in Medha Kotwal Lele & Ors. v Union of India & Ors. case [W.P.(Crl.) No.173-177/1999 dated 26.4.2004] has directed that the Complaints Committee as envisaged in Vishaka judgement will be deemed to be an inquiry authority for the purposes of Central Civil Services (Conduct) Rules, 1964 and the report of the Complaints Committee shall be deemed to be an inquiry report under those rules. In pursuance of this direction, the Central Government (DOPT) has amended sub-rule (2) of rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 to incorporate the necessary provision.

Harassment of Women Passengers in Trains.

The Commission has been deeply concerned about harassment of women passengers in trains. In order to find a solution, it held several meetings with the officials of the Ministry of Railways, Railway Protection Force, Government Railway Police and representatives of NGOs. In pursuance of the decisions taken in those meetings, the Ministry of Railways have made available FIR forms in Hindi, English and a few regional languages in trains. It has also incorporated a module on gender sensitisation in the training programmes for the Probationers of the Traffic and Security Department of the Railways. The Commission also recommended to the Ministry of Railways the following – (i) availability of FIR forms in all other regional languages, (ii) preparation and display of messages in the railway coaches, (iii) preparation and display of graphics and other publicity materials at the railway platforms, (iv) printing of the message on the back of the ticket saying that sexual harassment of women in trains is a crime, and (v) preparation of power point presentation that could be made in software for the television showing briefly the issue and its implications.

Abolition of Manual Scavenging

The Commission has been vigorously pursuing the need to end the degrading practice of manual scavenging in the country. It has taken up this matter at the highest echelons of the Central and State Governments through a series of interventions.

The Commission held a number of meetings with the State Governments. On the eve of Independence Day, 2002, the Chairperson, NHRC wrote a letter to the Prime Minister of India drawing his attention towards the problem. As a result, the Prime Minister in his Independence Day speech stressed the need to end the practice of Manual Scavenging . As a follow up of the Prime Minister's announcement, the Planning Commission has prepared a 'National Action Plan' for the Total Eradication of Manual Scavenging by 2007. Emphasis in this Action Plan is on -

i) Proper identification of those engaged in manual scavengingii) Enforcement of the prohibition lawiii) Involvement of NGOs.iv) Better coordination at Central and State levels

According to information available with the Commission the following States have adopted the Central Act:-

Andhra Pradesh, Assam, Chhattisgarh, Gujarat , Haryana, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Tamil Nadu, Tripura, Uttar Pradesh and Uttaranchal. The State of Punjab has adopted their own similar Act.

States who claim themselves to be "Manual Scavenging Free" are :

Arunachal Pradesh, Delhi, Goa, Himachal Pradesh, Meghalaya, Mizoram, Nagaland and Sikkim; and States who have not yet adopted the Central Act are :

Bihar, Jammu & Kashmir, Jharkhand, Manipur, Rajasthan, West Bengal.

The Union Territories of Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu,Lakshadweep and Pondicherry have not furnished the information.

Dalits issues including atrocities perpetrated on them

Deeply concerned by the discrimination and other human rights violations faced by the Scheduled Castes, the NHRC has taken several initiatives to ameliorate their situation and protect their rights. They include the redressing of individual complaints; constitution of a Dalit Cell in 2003 headed by a Member of the Commission with the aim to monitor implementation of programmes; research studies on the socio-economic conditions of the Musahars, and

the political and cultural status of dalit women in Haryana; and the preparation of a handbook on discrimination in order to sensitize teachers. The Commission requested Shri KB Saxena, IAS (Retd.), to conduct a study on the atrocities against the Scheduled Castes, which has been completed. The Commission proposes to mount an appropriate campaign in this regard.

Problems faced by Denotified and Nomadic Tribes

The communities designated as Denotified Tribes (DNT) and Nomadic Tribes (NT) of India were identified as "Criminal Tribes" (which included both castes as well as tribes) in pre-independence India. Though the Criminal Tribes Act, 1871 was annulled soon after independence, the police, as well as members of the public, frequently and most regrettably continue to treat persons belonging to these communities as "born criminals" and "habitual criminals". They, therefore, remain amongst the most discriminated and disadvantaged groups in the country.

Acting on a petition filed by eminent activist and author, Smt. Mahasvetadevi, President, Denotified & Nomadic Tribals Rights Action Group in May, 1998, the Commission convened a meeting of the Chief Secretaries and senior officers of the concerned States on 15 February, 2000 to deal the matter.

The recommendations included that a retired senior police officer of high reputation may be appointed in every state to watch the cases of atrocities against DNTs. The National Police Academy and other institutions imparting training to police officers be advised to reorient their syllabi and Habitual Offenders Act be repealed. The States were asked to report the action taken on the recommendations made. These included proper enumeration providing education, employment and other infrastructural facilities to them, and work out action plans for DNTs.

The matter has been taken up with the State Governments, and is being pursued by the Commission.

De notified and Nomadic Tribes in Maharashtra, India

Introduction:

The Nomadic and De notified tribes constitute about five million of population in Maharashtra and about 60 million all over India. There are 313 Nomadic Tribes and 198 De notified Tribes. Due to the wandering traditions over hundreds of years without any ostensible means of livelihood under the influence of the caste system, they are forced to live under sub human conditions. The large section of these tribes is known as "Vimukta jaatis" or the Ex-Criminal Tribes because they were branded as criminals by birth under the "Criminal Tribes Act 1871", enacted by the British Government. In spite of the repeal of the act in 1952, they are still treated as Criminals by birth and subjected to harassment and persecution at the hands of the police and the state machinery. However, they have been deprived of the status of Scheduled Tribes provided by the constitution due to certain historical circumstances and the acts of omission and commission on part of the Government and the society. Criteria for Constitutional Safeguards

After Independence, under Article 366 (25) of the Constitution of India certain tribes were classified as Scheduled Tribes and have been provided with constitutional safeguards under Article 342 (2) on a national basis. The classification was made on the basis of the following

criteria, which are fulfilled by the NT's and the DNT's being the most depressed sections of society.

Primitive Traits

A majority of the Nomadic and Denotified tribes exhibit the primitive traits even today like chitrakathi tribe. They still live in tribal groups moving from place to place in caravans in search of livelihood. The various practices like worship of nature in different forms, animal sacrifices during religious ceremonies, adorning head with horn (Banjara woman), not wearing a blouse (Wadar woman) are only a few of them to demonstrate this fact. Their social life is still governed by Jat Panchayats , a primitive form of social organization. Every year they assemble at Madhi a village in Nagar district of Maharashtra state, in annual fair where the sessions held by the Jat Panchayats of each tribe sort out various issues pertaining to individual and social problems.

Distinct Cultural Identity

The Nomadic and Denotified tribes have a rich heritage of culture that is distinctly different from other social groups and can be easily identified by their dress, dialect, folklore, customs and practices. Their life style and the profession display these characteristics in every social encounter.

Geographical Isolation

From generation after generation, these tribes have had wandering traditions and they have hardly been integrated in the society. In fact, the society has always looked at them with mistrust and suspicion due to the stigma of criminality attached with them. In that sense they have been living a life of isolation from the rest of the society. Some of these tribes still prefer to stay near jungle, away from the villages. Their temporary settlements are known as pal or pada.

Social Backwardness

The Nomadic and Denotified tribals have no means of production and livelihood as a result of which they have to move from village to village in the form of a caravan. Also, the children are deprived of education. They cannot take education through regular school systems in a settled society due to this unstable life style. They are left away from the mainstream of life and their life is fossilized in poverty, superstition and ignorance. They have remained backward economically and socially. Apart from the criteria mentioned above there are two other criteria which make these tribes eligible for having constitutional safeguards which are enjoyed by the Scheduled Tribes.

Nomadic Way of Life

As already mentioned these tribes have wandering traditions. In absence of any means of survival and lack of education to fit into the settled society they are forced to continue with this tradition for bare survival in the most degrading and sub human conditions. Thousands of families belonging to these tribes wander from place to place and stay in temporary structures

rarely fit for humans beings to stay. Unless they settle at one place or another, unless they are provided with opportunities of education and employment they will never be in a position to integrate themselves in the society and avail of the benefits of modern civil life.

Stigma and Criminality

Though Criminal Tribes Act was repealed in 1952 the stigma of criminality is still attached with them. Due to this stigma they are the victims of persecution and torture at the hands of the British and the state machinery. Anywhere an act of theft or robbery takes place persons belonging to these tribes in the surrounding area are arrested and subjected to various forms of torture. In the eyes of the society they are still criminals, and a wide gulf exists between them and the rest of the society. Historical Perspective of the Problem

In the year 1950, the list of Scheduled Castes and Scheduled Tribes was released. The Criminal Tribes Act was repealed in 1952. Though the Criminal Tribes Act Enquiry committee had categorically made the recommendations to the Central Government regarding these tribes they were deprived of the Constitutional safeguards due to both the acts of commission and omission. Thereafter the issue was swept aside due to the conflicts of the state formation on the linguistic pattern and these tribes in Maharashtra became victims in the process.

Following the linguistic pattern of state formation the territory of the early Nizam state was shared by Andhra Pradesh, Maharashtra and Karnataka. While the tribes in the territory included in Andhra Pradesh and Karnataka enjoy the constitutional status and priviliedges, the same tribes in the territory of Marathwada region included in Maharashtra are deprived of it for no fault of theirs. Similarly, it is ironical that tribes like the Chitrakathi, Kaikadi and Pardhi in Vidarbha, which was previously a part of Madhya Pradesh, enjoy the constitutional status, in the rest of Maharashtra they are deprived of it.

Since the Nomadic and the Denotified tribes which form the lowest rungs of the society fulfill all the criteria applicable to the ST they enjoy the constitutional status in most other states. Unfortunately, their counterparts in Maharashtra, though they share the same dialect, life style, cultural practices, social customs and blood relations they are deprived of the status of the Schedule Tribes. Instead of doing away with the injustice, the government went on including more and more castes and tribes in the Schedule of the NT's and DNT's pushing the original tribe against the wall. (See Table I and II).

A Brief History of Movement

The Nomadic and Denotified tribes have been fighting for justice since 1972. Unfortunately, no attention has been paid by the Government to this just and rightful demand. Following is a brief summary of the efforts that have been on this issue.

o On 14th November 1985, a statewide Rasta Roko agitation. o On 14th November 1986, Birhad Morcha on Nasik jail. About 10,000 families belonging to these tribes took out a morcha in Nasik jail demanding

arrest and imprisonment if the Government fails to provide Constitutional safeguards. o In June 1987, organized Pardhi Parishad making similar demand. o In Oct 1987, Birhad Morcha was organized at Chalisgaon. o On 25th April 1988, Manifesto of demands was submitted to the Governor of Maharashtra and filed a writ petition in Bombay High Court for their demands. o On 31st March 1989, a memorandum was submitted to the late Rajiv Gandhi, the then Prime Minister through Sharad Pawar, the Chief minister of Maharashtra. o On the 10th and 11th of November 1990, the attention of the State government was again drawn to the age old demand of these tribes by going on a fast on the eve of a winter session of Maharashtra assembly in Nagpur.

Decisive Moment

The present Chief Minister is well aware of the problems and the demands of these tribes and also about the history of the movements of these tribes on the issue. Now the time has come for these tribes to put the Chief Minister to test and launch a decisive fight against the discrimination and injustice meted out against the tribes.

The Government of Maharashtra, has already declared its decision of implementation of recommendations of Mandal commission. Since the Nomadic and Denotified tribes have been clubbed with other advanced sections of the society in the Mandal Commission Report, they will never be in a position to avail any benefit out of it. On the contrary, it has done a lot of injustice to the tribes in the original Schedule of NT's and DNT's.

In these circumstances the NT's and DNT's are left with no alternative but to prepare themselves for protracted struggle against the injustice to secure their demand of classification equivalent to Schedule Tribes. The NT's and DNT's have no intention of cutting into the share of the present Schedule Tribes. On the other hand, they demand that they should be included in a separate schedule having a constitutional status equal to the ST's. The ST's are not their foes but their allies in the struggle. It is possible to classify these tribes as Schedule tribes by a notification issued by the President of India. We may quote here that a similar act of omission in respect of certain tribes in Nagaland was corrected by the former Prime Minister Rajiv Gandhi in a similar fashion.

The Nomadic and Denotified Tribes are National tribes. They have no place of their own. Hitherto, their life is a long tale of suffering and persecution due to the absence of a means of livelihood and the stigma of criminality attached to them by the sedentary society. While it may take years and years to remove this stigma, the injustice meted out to them due to the act of omission and neglect could well be corrected without any further delay. It will be impossible for these tribes to enjoy human rights or the civil rights available to the citizens of India unless there is a positive intervention of the government in the form of Constitutional safeguards.

Table I: A List of NT's and DNT's in the original schedule

* Denotified Tribes1. Berad,2. Bestar,3. Bhatma,4. Kaikadi,5. Kankarbhat,6. Katabu, 7. Lamani,8. Phase-Pardhi,9. Raj-Pardhi,10. Rajput-Bhatma,11.Ramoshi,12. Vadar VJ(12) or DT(A),13. Waghari and 14. Chhapparbandh

* Nomadic Tribes 1. Bawa,2. Beldar,3. Bharadi,4. Bhute,5. Chalwadi,6. Chitrakathi,7. Garudi,8. Ghisadi,9. Golla,10. Gondhali,11. Gopal,12. Helwe,13. Joshi,14. Kasi-Kapadi,15. Kolhati,16. Mairal,17. Masan-Jogi,18. Nandi-Wale,19. Pangul,20. Raval,21. Shikalgar,22. Thakar, 23. Vaidu,24. Vasudeo.vadar, wadari, vadari, wadar community people are found all over the Maharashtra.

Present SituationClassification of Nomadic Tribes according to occupation1. Tribes useful to village life like Beldar, Ghisadi, Jadi buti Vaidyas‐2. Tribes wandering for entertainment of the villagers3. Tribes wandering on mercy of the people like Mari aai bhaktas, masan jogis, bhutya,‐ ‐chitra kathis, etc.‐4. Food gatherer tribes like Banjara, Labhan, etc.5. Pastoral tribes wandering in search of fodder for the animals.Dr. V. H. Mehta has described the nomads as “Grass tenders and cattle breeders” andnomadism as ‘regular seasonal cyclic movement of groups for sustenance. According to foodsupply it may assume different forms depending upon geography and climate. There arenomads who hunt and who collect food as well as pastoral and even agricultural nomads.

Nomads are usually found in small kin bands. There are not only grasslanders but also thosetaking to Nomadic title at will on account of economic insecurity and lack for socialadjustment.”Why the nomadic tribes took to crime?No man is criminal by birth. By environmental features he becomes criminal, as opined byPrichard.Glimpses on Identity, Culture, Resources and Rights of VJ/NTMUKT – SAAD / JUNE 10 / 19The nomadic tribe sustains itself on its own profession. When that is not enough to feed him,he resorts to stealing. He is compelled to steal grain, crops, fruits and the like. This brands himas criminal. This deprives him of chances of employment and forces him more towards crime.And crime brings punishment, may it be by the laws of Manu or by the British.The cruel punishments by the traditional Law of Manu were based on the caste. T. V. Stephen,a British officer, took advantage of that and brought in an Act in 1871 and the whole tribes assuch were declared “criminal by birth”. These people were deprived of all the sympathy whicheven animals and cattle get. They were put behind barbed wires till after Independence. Towhat extent the social structure based on caste can degrade human beings can best be seenby the examples of criminal tribes, nomadic tribes, Adivasis and untouchable castes.The Life of Women of Nomadic and Criminal TribesTo serve the husbands under all circumstances and lead a life of slavery is the lot of all womenof these tribes. That women are inauspicious is the verdict of the religious scriptures.Previously, the women from Wadar tribe were not allowed to wear clothes covering breasts.Women of Banjara tribes required to return to the ‘tanda’ before sunset. Unmarried girls ofParadhi tribe after puberty were required to get out of the house only after blackening theirfaces.About 75% of girls even now are married in childhood with consequent ill effects. As thesepeople wander all around there is no security to life and modesty of women. The village goonsand police look at them with amorous motives.The men of these tribes beat dwomen on trivial grounds. Previously most of the castepanchayats were convened for the sake of women.The woman of these tribes is hard toiling and supporting the family with hard labor just as herhusband. She suffers extreme discrimination and atrocities from the society. She becomesstronger, more hardy, tenacious and bold than other communities because of her exposure toall adversities of life in the open.DEMANDSLalu Prasad has introduced kullad in Railways as a form of employment. Similar facilities shuldbe made available to all VJ/NTs.Mobile Ration CardsMobile Ration Cards should be issued to Nomadic Tribes so that they could purchasecommodities from any shops in the vicinity of their temporary camps during their travels.On the Boards for VJ/NT, the members should be from their own category.Dr. Leenkumar Bawane20 / MUKT – SAAD / JUNE 10The Aashram Shalas and Vasti Shalas should be givn to VJ/NT category.VJ/NTs should be taken as untrained teachers as ‘Shikshan Sevaks’.HandicraftsThey should be given promotional facilities for their handicrafts and market should be foundfor their products.

Bank LoanThe conditions imposed on VJ/NT for obtaining a bank loan are improper and not possible tobe met with by them, e.g. two guarantors in Government service, a bank cheque book, etc.Mere suspicion should not lead to harassment of whole caste or tribeCriminal Settlement Act 1908 was repealed on 13th August 1949 after Independence. Butthere is no provision of punishment for those who are following tis Act even after itscancellation. Those officers who ignore the fact of cancellation of the Criminal Tribes Act andcome to arrest the VJ/NT persons on the basis of mere suspicion should be taken as offendersunder SC/ST Atrocity Prevention Act and dealt with accordingly.Reservation in Private SectorIndia has always had reservations since the days of the ‘Purush Sukta’, perhaps the firstdeclaration of Reservation on Caste Basis. And these were always based on caste. If admissionto army was not based on caste, India would not have been slave for centuries.Reservations should never be based on economic status because the poverty is not the CAUSEof social exclusion but is the RESULT of social exclusion in the form of caste.Secondly, an individual’s economic status can change. Thirdly, there care practical difficultiesin proving the economic status of individual and so the weak may suffer. Lastly, in Indiainfested wih rampant corruption, it is easier to purchase a false ‘income certificate’.When such Government concerns which employed people from Reserved categories weresold out, the question of reservation in private industries became more acute and urgent.How are they Private Industries?It is now a well settled principle that the under privileged castes are entitled to reservations in‐the State owned establishments. When we say ‘private sector’ we mean the corporate sector,‐and not the private businessmen, private partnership firms or even so called ‘private limited’companies. We are talking only of the public limited companies. The Company is not ‘Private’in any sense of the word. It is public by name, by definition, by concept, by convention andGlimpses on Identity, Culture, Resources and Rights of VJ/NTMUKT – SAAD / JUNE 10 / 21even by law. It is a Public Limited Company and I fail to understand why it should ever becalled a ‘Private Sector’.Its share capital is from the PUBLIC, the huge amounts of loans are from the PUBLIC financialinstitutions including Government institutions. It is all PUBLIC money they are using. Thustheir capital and all resources are public and they thrive on PUBLIC funds. They get PUBLIClands from the Government, many times acquired from the poor peasants and even Adivasis.They get PUBLIC water, and even do not build their own approach roads and culverts but wantthe public agencies to foot the bill for the roads meant entirely for their exclusive use. Theynever pay attention to local environmental laws and cause so much pollution that after a fewyears the judiciary has to intervene.Indian industry remained not only conservative but casteist, as rightly observed by KanchIllaiah, who has asked, why is it that dalits, tribals and OBCs could not, on their own, make itto executive positions in Indian industry in any significant number, even after 56 years ofIndependence.They say if reservation are introduced, competitiveness will suffer, as if they are vry efficientand competitive now. This is great insult to Dalit Bahujans to question their merit, which hasbeen amply proved for generations. It is proved in battlefields, in factories, in Railways, inbanks and everywhere that they are given opportunities. The workers in factories are doinggood jobs. They are mostly SC, ST, VJ/NT, OBC etc. But these are not elevated to lower, middleor upper top management cadres.‐

Housing and RehabilitationBecause of the nomadic life many problems ae faced by the VJ/NTs, such as social, economic,educational and political.Their rehabilitation involves providing them with a residential house as well as agriculturalland for their livelihood.The arid Government land available outside the villages and also the land that has becomeavailable because of Land Ceiling Act can be given for tilling on the condition that it cannot bedivided or sold, mortgaged or transferred In any way, not even as tenants.The land which was being used for keeping them under barbed wires can also be used fortheir rehabilitation. Residential co operative housing should be used to provide them‐residential tenaments, establishing separate a Housing Board for providing easy loans.Measures should also include help for cottage industries like poultry farming and like. Let theGovernment establish two villages for VJ/NT in each Tehsil from State funds.Dr. Leenkumar Bawane22 / MUKT – SAAD / JUNE 10CertificatesCertificates issued by the registered NGOs working for VJ/NT or by Chief of tribe of VJ/NTshould be treated as authentic proof, to get the Caste Certificate from the Collector, SDO orTehsildar, or these VJ/NT people should be given Magisterial powers and be treated ascompetent Revenue Authority.EGSUnemployed VJ/NT members are being refused employment under Employment GuaranteeScheme. They should be taken under the scheme.AwakeningThere is need for awakening to a great extent for the people of VJ/NT themselves. Forexample, there is a rule of the Caste Panchayat of the Paradhi communitythat their castemembers should not undertake any service.Such Panchayats should be prevented frommaking any rules.Act NecessaryAn Act should be framed on these lines to prevent atrocities to VJ/NT people on mere factthat they are from this particular caste, or that they are beggars. Such Act may be based onthe lines of Protection of Civil Rights Act 1976 or VJ/NT should be included in the same Act.Lokur CommissionIn 1965 Lokur Commission was formed which said that among the VJ/NT, both the signs oftribal structure and untouchability are noticed. And also nomadic and criminal attitude aretwo additional features. Therefore these VJ/NT people should be included among theScheduled Tribes. More information should be collected by VJ/NT NGOs and Governmentshould be made to accept this demand.CONVERSION AS SOLUTION OF ALL PROBLEMSLet us adopt BuddhismAll said and done, the real solution to all the problems of VJ/NT seem to be the religiousconversions. Dr. Ambedkar had said that he was born as a Hindu but he would not die as aHindu, and got converted to Buddhism with his followers in 1956. We are watching thesituation of the situation of the Dalits of Maharashtra who, under the leadership and guidanceof Dr. Babasaheb Ambedkar made tremendous progress in life. We also see that thecommunities in the same category of Dalits who did not convert could not make muchprogress.Glimpses on Identity, Culture, Resources and Rights of VJ/NT

MUKT – SAAD / JUNE 10 / 23We can wipe out the anathema of begging and crime by conversion. It can give us anopportunity to mix in the social and National mainstream. It can give us stability and selfrespect.Buddhism is the most appropriate religion for the purpose, in my opinion. It couldgive us happiness, properity and peace because of the teaching of humanity based on

scientific tenets.

Terms of Reference of the Commission    

The commission has following Terms of Reference:  

a)   To specify the economic interventions required for raising the living     standards of Denotified, Nomadic and Semi Nomadic Tribes by asset    creation and self-employment opportunities;

b)   To recommend measures to utilize the existing channeling agencies    set up for the economic development of SC/STs and OBCs for    extending an economic development package to these groups, keeping    in view their specific requirements; and

c)   To identify programmes required for their education, development and    health;

d)   To make any other connected or incidental recommendation, that    the Commission deems necessary.

1

(TO BE PUBLISHED IN THE GAZETTE OF INDIA,EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)OF DATED 1st JANUARY, 2008)GOVERNMENT OF INDIAMINISTRY OF TRIBAL AFFAIRSNew Delhi, the 1st January, 2008NOTIFICATIONG.S.R. ____________(E).-- WHEREAS the draft Scheduled Tribes and OtherTraditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 werepublished, as required by sub-section (1) of section 14 of the Scheduled Tribes andOther Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of2007) under the notification of the Government of India in the Ministry of Tribal

Affairs number G.S.R.437(E), dated the 19th June, 2007 in the Gazette of India, PartII, Section 3, sub-section (i) of the same date, inviting objections and suggestionsfrom all persons likely to be affected thereby, before the expiry of the period offorty-five days from the date on which the copies of the Gazette containing thesaid notification are made available to the public;AND WHEREAS copies of the said Gazette were made available to thepublic on 25.06.2007;AND WHEREAS the objections and suggestions received from the publicin respect of the said draft rules have been duly considered by the CentralGovernment;NOW, THEREFORE, in exercise of the powers conferred by sub-sections(1) and (2) of section 14 of the Scheduled Tribes and Other Traditional ForestDwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), the CentralGovernment hereby makes the following rules for recognizing and vesting theforest rights and occupation in forest land in forest dwelling Scheduled Tribesand other traditional forest dwellers residing in such forests, namely:-1. Short title, extent and commencement.- (1) These rules may be called theScheduled Tribes and Other Traditional Forest Dwellers (Recognition of ForestRights) Rules, 2007.(2) They shall extend to the whole of India except the State of Jammu andKashmir.(3) They shall come into force on the date of their publication in the OfficialGazette.2

2. Definitions.- (1) In these rules, unless the context otherwise requires,-(a) “Act” means the Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Act, 2006 (2 of 2007);(b) “bonafide livelihood needs” means fulfillment of sustenance needs of self andfamily through production or sale of produce resulting from self-cultivation offorest land as provided under clauses (a), (c) and (d) of sub-section (1) ofsection 3 of the Act;(c) “claimant” means an individual, group of individuals, family or communitymaking a claim for recognition and vesting of rights listed in the Act;(d) “disposal of minor forest produce” under clause (c) of sub-section (1) ofsection 3 of the Act shall include local level processing, value addition,transportation in forest area through head-loads, bicycle and handcarts for useof such produce or sale by the gatherer or the community for livelihood;(e) “Forest Rights Committee” means a committee constituted by the Gram Sabhaunder rule 3;(f) “section” means the section of the Act;(2) The words and expressions used and not defined in these rules but defined inthe Act, shall have the meanings respectively assigned to them in the Act.

3. Gram Sabha.- (1) The Gram Sabhas shall be convened by the Gram Panchayatand in its first meeting it shall elect from amongst its members, a committee of notless than ten but not exceeding fifteen persons as members of the Forest RightsCommittee, wherein at least one-third members shall be the Scheduled Tribes:Provided that not less than one-third of such members shall be women:Provided further that where there are no Scheduled Tribes, at least onethirdof such members shall be women.(2) The Forest Rights Committee shall decide on a chairperson and a secretaryand intimate it to the Sub-Divisional Level Committee.(3) When a member of the Forest Rights Committee is also a claimant ofindividual forest right, he shall inform the Committee and shall not participate inthe verification proceedings when his claim is considered.4. Functions of the Gram Sabha.- (1) The Gram Sabha shall -(a) initiate the process of determining the nature and extent of forest rights,receive and hear the claims relating thereto;(b) prepare a list of claimants of forests rights and maintain a registercontaining such details of claimants and their claims as the CentralGovernment may by order determine;(c) pass a resolution on claims on forest rights after giving reasonableopportunity to interested persons and authorities concerned and forwardthe same to the Sub-Divisional Level Committee;3

(d) consider resettlement packages under clause (e) of sub section (2) ofsection 4 of the Act and pass appropriate resolutions; and(e) constitute Committees for the protection of wildlife, forest andbiodiversity, from amongst its members, in order to carry out theprovisions of section 5 of the Act.(2) The quorum of the Gram Sabha meeting shall be not less than two thirds of allmembers of such Gram Sabha:Provided that where there is a heterogeneous population of ScheduledTribes and non Scheduled Tribes in any village, the members of the ScheduledTribe, primitive tribal groups (PTGs) and pre-agricultural communities shall beadequately represented.(3) The Gram Sabha shall be provided with the necessary assistance by theauthorities in the State.5. Sub-Divisional Level Committee.- The State Government shall constitute Sub-Divisional Level Committee with the following members, namely:-(a) Sub-Divisional Officer or equivalent officer - Chairperson;(b) Forest Officer in charge of a Sub-division or equivalent officer - member;(c) three members of the Block or Tehsil level Panchayats to be nominatedby the District Panchayat of whom at least two shall be the Scheduled Tribespreferably those who are forest dwellers, or who belong to the primitive

tribal groups and where there are no Scheduled Tribes, two members whoare preferably other traditional forest dwellers, and one shall be a womanmember; or in areas covered under the Sixth Schedule to the Constitution,three members nominated by the Autonomous District Council or RegionalCouncil or other appropriate zonal level, of whom at least one shall be awoman member; and(d) an officer of the Tribal Welfare Department in-charge of the Sub-divisionor where such officer is not available the officer in-charge of the tribal affairs.6. Functions of the Sub-Divisional Level Committee.- The Sub-Divisional LevelCommittee (SDLC) shall -(a) provide information to each Gram Sabha about their duties and duties ofholder of forest rights and others towards protection of wildlife, forest andbiodiversity with reference to critical flora and fauna which need to beconserved and protected ;(b) provide forest and revenue maps and electoral rolls to the Gram Sabha orthe Forest Rights Committee;(c) collate all the resolutions of the concerned Gram Sabhas;4

(d) consolidate maps and details provided by the Gram Sabhas;(e) examine the resolutions and the maps of the Gram Sabhas to ascertain theveracity of the claims;(f) hear and adjudicate disputes between Gram Sabhas on the nature andextent of any forest rights;(g) hear petitions from persons, including State agencies, aggrieved by theresolutions of the Gram Sabhas;(h) co-ordinate with other Sub-Divisional Level Committees for inter subdivisionalclaims ;(i) prepare block or tehsil-wise draft record of proposed forest rights afterreconciliation of government records;(j) forward the claims with the draft record of proposed forest rights throughthe Sub-Divisional Officer to the District Level Committee for finaldecision;(k) raise awareness among forest dwellers about the objectives and procedureslaid down under the Act and in the rules ;(l) ensure easy and free availability of proforma of claims to the claimants asprovided in Annexure-I (Forms A & B) of these rules;(m) ensure that the Gram Sabha meetings are conducted in free, open andfair manner with requisite quorum.7. District Level Committee.- The State Government shall constitute DistrictLevel Committee (DLC) with the following members, namely:-(a) District Collector or Deputy Commissioner - Chairperson;(b) concerned Divisional Forest Officer or concerned Deputy Conservator ofForest - member;(c) three members of the district panchayat to be nominated by the districtpanchayat, of whom at least two shall be the Scheduled Tribes preferablythose who are forest dwellers, or who belong to members of the primitive

tribal groups, and where there are no Scheduled Tribes, two members whoare preferably other traditional forest dwellers, and one shall be a womanmember; or in areas covered under the Sixth Schedule to the Constitution,three members nominated by the Autonomous District Council orRegional Council of whom at least one shall be a woman member; and(d) an officer of the Tribal Welfare Department in-charge of the district orwhere such officer is not available, the officer in charge of the tribal affairs.8. Functions of District Level Committee.- The District Level Committee shall –(a) ensure that the requisite information under clause (b) of rule 6 has beenprovided to Gram Sabha or Forest Rights Committee;5

(b) examine whether all claims, especially those of primitive tribal groups,pastoralists and nomadic tribes, have been addressed keeping in mind theobjectives of the Act;(c) consider and finally approve the claims and record of forest rightsprepared by the Sub-Divisional Level Committee;(d) hear petitions from persons aggrieved by the orders of the Sub-DivisionalLevel Committee;(e) co-ordinate with other districts regarding inter-district claims;(f) issue directions for incorporation of the forest rights in the relevantgovernment records including record of rights;(g) ensure publication of the record of forest rights as may be finalized; and(h) ensure that a certified copy of the record of forest rights and title under theAct, as specified in Annexures II & III to these rules, is provided to theconcerned claimant and the Gram Sabha respectively ;9. State Level Monitoring Committee. - The State Government shall constitute aState Level Monitoring Committee with the following members, namely:-(a) Chief Secretary - Chairperson;(b) Secretary, Revenue Department - member;(c) Secretary, Tribal or Social Welfare Department - member;(d) Secretary, Forest Department - member;(e) Secretary, Panchayati Raj - member;(f) Principal Chief Conservator of Forests - member;(g) three Scheduled Tribes member of the Tribes Advisory Council, to benominated by the Chairperson of the Tribes Advisory Council and wherethere is no Tribes Advisory Council, three Scheduled Tribes members to benominated by the State Government;(h) Commissioner, Tribal Welfare or equivalent who shall be the Member-Secretary.10. Functions of the State Level Monitoring Committee.- The State LevelMonitoring Committee shall –(a) devise criteria and indicators for monitoring the process of recognition andvesting of forest rights;(b) monitor the process of recognition, verification and vesting of forest rightsin the State;(c) furnish a six monthly report on the process of recognition, verification and

vesting of forest rights and submit to the nodal agency such returns andreports as may be called for by the nodal agency;(d) on receipt of a notice as mentioned in section 8 of the Act, take appropriateactions against the concerned authorities under the Act;(e) monitor resettlement under sub-section (2) of section 4 of the Act.6

11. Procedure for filing, determination and verification of claims by the GramSabha.- (1) The Gram Sabhas shall -(a) call for claims and authorize the Forest Rights Committee to accept the claimsin the Form as provided in Annexure-I of these rules and such claims shall bemade within a period of three months from the date of such calling of claimsalong with at least two of the evidences mentioned in rule 13, shall be madewithin a period of three months:Provided that the Gram Sabha may, if consider necessary, extend such periodof three months after recording the reasons thereof in writing.(b) fix a date for initiating the process of determination of its community forestresource and intimate the same to the adjoining Gram Sabhas where there aresubstantial overlaps, and the Sub-Divisional Level Committee.(2) The Forest Rights Committee shall assist the Gram Sabha in its functions to -(i) receive, acknowledge and retain the claims in the specified form andevidence in support of such claims;(ii) prepare the record of claims and evidence including maps;(iii) prepare a list of claimants on forest rights;(iv) verify claims as provided in these rules;(v) present their findings on the nature and extent of the claim before theGram Sabha for its consideration.(3) Every claim received shall be duly acknowledged in writing by the ForestRights Committee.(4) The Forest Rights Committee shall also prepare the claims on behalf of GramSabha for community forest rights in Form B as provided in Annexure I of theseRules.(5) The Gram Sabha shall on receipt of the findings under clause (v) of sub-rule(2), meet with prior notice, to consider the findings of the Forest RightsCommittee, pass appropriate resolutions, and shall forward the same to the Sub-Divisional Level Committee.(6) The Secretary of Gram Panchayat will also act as Secretary to the GramSabhas in discharge of its functions.12. Process of verifying claims by Forest Rights Committee.- (1) The ForestRights Committee shall, after due intimation to the concerned claimant and theForest Department –7

(a) visit the site and physically verify the nature and extent of the claim and

evidence on the site;(b) receive any further evidence or record from the claimant and witnesses;( c) e nsure that the claim from pastoralists and nomadic tribes fordetermination of their rights, which may either be through individualmembers, the community or traditional community institution, areverified at a time when such individuals, communities or theirrepresentatives are present;( d ) ensure that the claim from member of a primitive tribal group or preagriculturalcommunity for determination of their rights to habitat,which may either be through their community or traditional communityinstitution, are verified when such communities or their representativesare present; and(e) prepare a map delineating the area of each claim indicating recognizablelandmarks.(2) The Forest Rights Committee shall then record its findings on the claim andpresent the same to the Gram Sabha for its consideration.(3) If there are conflicting claims in respect of the traditional or customaryboundaries of another village or if a forest area is used by more than one GramSabha, the Forest Rights Committees of the respective Gram Sabhas shall meetjointly to consider the nature of enjoyment of such claims and submit the findingsto the respective Gram Sabhas in writing:Provided that if the Gram Sabhas are not able to resolve the conflictingclaims, it shall be referred by the Gram Sabha to the Sub-Divisional LevelCommittee for its resolution.(4) On a written request of the Gram Sabha or the Forest Rights Committee forinformation, records or documents, the concerned authorities shall provide anauthenticated copy of the same to the Gram Sabha or Forest Rights Committee, asthe case may be, and facilitate its clarification, if required, through an authorisedofficer .13. Evidence for determination of forest rights.- (1) The evidence for recognitionand vesting of forest rights shall, inter alia, include -(a) public documents, Government records such as Gazetteers, Census, surveyand settlement reports, maps, satellite imagery, working plans, managementplans, micro-plans, forest enquiry reports, other forest records, record of8

rights by whatever name called, pattas or leases , reports of committees andcommissions constituted by the Government, Government orders,notifications, circulars, resolutions;(b) Government authorised documents such as voter identity card, ration card,passport, house tax receipts, domicile certificates;(c) physical attributes such as house, huts and permanent improvements madeto land including levelling, bunds, check dams and the like;(d) quasi-judicial and judicial records including court orders and judgments;

(e) research studies, documentation of customs and traditions that illustrate theenjoyment of any forest rights and having the force of customary law, byreputed institutions, such as Anthropological Survey of India;(f) any record including maps, record of rights, privileges, concessions, favours,from erstwhile princely States or provinces or other such intermediaries;(g) traditional structures establishing antiquity such as wells, burial grounds,sacred places;(h) genealogy tracing ancestry to individuals mentioned in earlier land recordsor recognized as having been legitimate resident of the village at an earlierperiod of time;(i) statement of elders other than claimants, reduced in writing.(2) An evidence for Community Forest Rights shall, inter alia, include –(a) community rights such as nistar by whatever name called;(b) traditional grazing grounds; areas for collection of roots and tubers,fodder, wild edible fruits and other minor forest produce; fishinggrounds; irrigation systems; sources of water for human or livestock use,medicinal plant collection territories of herbal practitioners;(c) remnants of structures built by the local community, sacred trees, grovesand ponds or riverine areas, burial or cremation grounds;(3) The Gram Sabha, the Sub-Divisional Level Committee and the District LevelCommittee shall consider more than one of the above-mentioned evidences indetermining the forest rights.9

14. Petitions to Sub-Divisional Level Committee.- (1) Any person aggrieved bythe resolution of the Gram Sabha may within a period of sixty days from the dateof the resolution file a petition to the Sub-Divisional Level Committee .(2) The Sub-Divisional Level Committee shall fix a date for the hearing andintimate the petitioner and the concerned Gram Sabha in writing as well asthrough a notice at a convenient public place in the village of the petitioner atleast fifteen days prior to the date fixed for the hearing.(3) The Sub-Divisional Level Committee may either allow or reject or refer thepetition to concerned Gram Sabha for its reconsideration.(4) After receipt of such reference, the Gram Sabha shall meet within a period ofthirty days, hear the petitioner, pass a resolution on that reference and forwardthe same to the Sub-Divisional Level Committee.(5) The Sub-Divisional Level Committee shall consider the resolution of the GramSabha and pass appropriate orders, either accepting or rejecting the petition.(6) Without prejudice to the pending petitions, Sub-Divisional Level Committeeshall examine and collate the records of forest rights of the other claimants andsubmit the same through the concerned Sub-Divisional Officer to the DistrictLevel Committee.(7) In case of a dispute between two or more Gram Sabhas and on an application

of any of the Gram Sabhas or the Sub-Divisional Level Committee on its own,shall call for a joint meeting of the concerned Gram Sabhas with a view toresolving the dispute and if no mutually agreed solution can be reached within aperiod of thirty days, the Sub-Divisional Level Committee shall decide thedispute after hearing the concerned Gram Sabhas and pass appropriate orders.15. Petitions to District Level Committee.- (1) Any person aggrieved by thedecision of the Sub-Divisional Level Committee may within a period of sixtydays from the date of the decision of the Sub-Divisional Level Committee file apetition to the District Level Committee.(2) The District Level Committee shall fix a date for the hearing and intimate thepetitioner and the concerned Sub-Divisional Level Committee in writing as wellas through a notice at a convenient public place in the village of the petitioner atleast fifteen days prior to the date fixed for the hearing.(3) The District Level Committee may either allow or reject or refer the petition toconcerned Sub-Divisional Level Committee for its reconsideration.10

(4) After receipt of such reference, the Sub-Divisional Level Committee shall hearthe petitioner and the Gram Sabha and take a decision on that reference andintimate the same to the District Level Committee.(5) The District Level Committee shall then consider the petition and passappropriate orders, either accepting or rejecting the petition.(6) The District Level Committee shall send the record of forest rights of theclaimant or claimants to the District Collector or District Commissioner fornecessary correction in the records of the Government.(7) In case there is a discrepancy between orders of two or more Sub-DivisionalLevel Committees, the District Level Committee on its own, shall call for a jointmeeting of the concerned Sub-Divisional Level Committees with a view toreconcile the differences and if no mutually agreed solution can be reached, theDistrict Level Committee shall adjudicate the dispute after hearing the concernedSub-Divisional Level Committees and pass appropriate orders.Dr. Bachittar Singh, Joint Secretary[ F. No.17014/ 02/ 2007–PC&V (Vol.VII) ]11The Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Rules, 2007Government of IndiaMinistry of Tribal Affairs

ANNEXURE - I[See rule 6(l)]FORM – ACLAIM FORM FOR RIGHTS TO FOREST LAND[See rule 11(1)(a)]1. Name of the claimant (s):

2. Name of the spouse3. Name of father/ mother4. Address:5. Village:6. Gram Panchayat:7. Tehsil/ Taluka:8. District:9. (a) Scheduled Tribe : Yes/ No(Attach authenticated copy of Certificate)(b) Other Traditional Forest Dweller: Yes/ NoIf a spouse is a Scheduled Tribe (attach authenticated copy ofcertificate)10. Name of other members in the family with age:(including children and adult dependents)Signature/ Thumb Impressionof the Claimant(s):Nature of claim on land:1. Extent of forest land occupieda) for habitationb) for self-cultivation, if any:(See Section 3(1)(a) of the Act)2. disputed lands if any:(See Section 3(1)(f) of the Act)3. Pattas/ leases/ grants, if any:(See Section 3(1)(g) of the Act)4. Land for in situ rehabilitation or alternative land, if any:(See Section 3(1)(m) of the Act)5. Land from where displaced without land compensation:(See Section 4(8) of the Act)6. Extent of land in forest villages, if any:(See Section 3(1)(h) of the Act)7. Any other traditional right, if any:(See Section 3(1)(l) of the Act)8. Evidence in support:(See Rule 13)9. Any other information:12The Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Rules, 2007Government of IndiaMinistry of Tribal Affairs

FORM – BCLAIM FORM FOR COMMUNITY RIGHTS[See rule 11(1)(a) and (4)]1. Name of the claimant(s):a. FDST community: Yes/ Nob. OTFD community: Yes/ No2. Village:3. Gram Panchayat:4. Tehsil/ Taluka:5. District:Signature/ Thumb Impressionof the Claimant (s):

Nature of community rights enjoyed:1. Community rights such as nistar, if any:(See Section 3(1)(b) of the Act)2. Rights over minor forest produce, if any:(See Section 3(1)(c) of the Act)3. Community rightsa. uses or entitlements (fish, water bodies), if any:b. Grazing, if anyc. Traditional resource access for nomadic and pastoralist, if any:(See Section 3(1)(g) of the Act)4. Community tenures of habitat and habitationfor PTGs and pre-agricultural communities, if any:(See Section 3(1)(e) of the Act)5. Right to access biodiversity, intellectualproperty and traditional knowledge, if any:(See Section 3 (1)(k) of the Act)6. Other traditional right, if any:(See Section 3(1)(l) of the Act)7. Evidence in support:(See Rule 13)8. Any other information:13The Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Rules, 2007Government of IndiaMinistry of Tribal Affairs

ANNEXURE – II[See rule 8(h)]TITLE FOR FOREST LAND UNDER OCCUPATION1. Name(s) of holder (s) of forest rights (including spouse):2. Name of the father/ mother:3. Name of dependents:4. Address:5. Village/gram sabha:6. Gram Panchayat:7. Tehsil/ Taluka:8. District:9. Whether Scheduled Tribe or Other Traditional Forest Dweller10. Area:11. Description of boundaries by prominentlandmarks including khasra/ compartment No:This title is heritable, but not alienable or transferable under sub section (4)of section 4 of the Act.We, the undersigned, hereby, for and on behalf of the Government of (Name ofthe State)…………affix our signatures to confirm the above forest right.Divisional Forest Officer/ DeputyConservator of ForestsDistrict Tribal Welfare OfficerDistrict Collector/ Deputy Commissioner14The Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Rules, 2007Government of IndiaMinistry of Tribal Affairs

ANNEXURE – III

[See rule 8(h)]TITLE TO COMMMUNITY FOREST RIGHTS1. Name(s) of the holder (s) of community forest right:2. Village/ Gram Sabha:3. Gram Panchayat:4. Tehsil/ Taluka:5. District:6. Scheduled Tribe/ Other Traditional Forest Dweller:7. Nature of community rights:8. Conditions if any:9. Description of boundaries includingcustomary boundary and/or by prominentlandmarks including khasra/ compartment No:Name(s) of the holder (s) of community forest right:1.…………………………2…………………………..3…………………………..We, the undersigned, hereby, for and on behalf of the Government of (Name ofthe State)…………affix our signatures to confirm the forest right as mentioned inthe Title to the above mentioned holders of community forest rights.Divisional Forest Officer/ DeputyConservator of ForestsDistrict Tribal Welfare OfficerDistrict Collector/ Deputy Commissioner