Brief History
of Denotified and Nomadic Tribes:
DNTs &
NTs are having stigma of
criminality, nomadism and social stigma. No other caste, tribe or any class is
having such stigma except DNTs in Indian social system. They are always treated
as anti social element by civil society, police, government and administration.
DNTs & NTs do not fall under social hierarchy or at lowest ladder of the
social system. This is the reason they are totally marginalized & neglected
by civil society. They are DISTINCT CLASS
because DNTs possess complex tribal characteristics.
Till date
no effective and exclusive policy has been designed by Govt. of India to bring
them into the main stream even after 69 years of independence. After 1857
mutiny, the British imposed certain harsh rules on such tribes to crush them
completely for their active participation in freedom struggle for their mother
land.
Earlier Thuggee and Dacoity Suppression Act
(1836-48) was introduced to control rebel peasants, waging war against the
dispossession of the lands – like Bhils, Santhals, Gujjars etc.
This is
really painful and matter of NATIONAL
SHAME that such harsh rules in other form are still in existence for
controlling, monitoring and marginalizing DNTs & NTs (Patriotic
Communities). Till date G.O.I. policy maker totally fail to design &
implement policies for their absolute welfare and upliftment in logical and
systematic manner.
http://hlc.tribal.nic.in/WriteReadData/userfiles/file/Lokur%20Committee%20Report.pdf
Issues, Suggestions and Concerns:
“Social
Disparity” in the Indian Social System is biggest problem. It’s dangerous and
threat for social fabric, peace, harmony, nation building and integration.
Permanent
National Commission for Denotified Tribes and Nomadic Tribes:
A Indian constitutional
body must be establish with a view to provide
safeguards against the exploitation of Denotified
Tribes and Nomadic Tribes and to promote, protect their social, educational,
economic and cultural interests, special provisions also requires to made in
the Constitution.
Permanent
State level Commission for Denotified Tribes and Nomadic Tribes: - As Above-
Separate
Budgetary Provision at center and State level:
For over all development of Denotified
and Nomadic Tribes.
Separate
Census for Denotified Tribes and Nomadic Tribes: This will be helpful for Government for designing and implementing the
policies. GOI and state government will have the fair idea about their socio
–economic upliftment with specific quantified data. This will also be helpful
for enabling affirmative measures. Supreme Court has already issued the order
for the same.
ILO
Convention 107 : It is noted from
the website of the Ministry of Labour that India has ratified ILO Convention
107 on 29th September, 1958. All Forest Tribes, Hill Tribes, Denotified &
Nomadic Tribe should be cover under ILO Convention 107 otherwise this will be
violation of the convention.
It is clear that there has evidently been no
concern/effort to harmonize our domestic safeguards with international best
practices embedded in the Convention(s).
While some of the best practices have been embedded through existing
safeguards in our Constitution, in respect of remaining, a view needs to be
taken for Constitutional/ legislative changes which may be appropriate for
modern times/context.
Land Right (Article
11 &12): Establishes that
ratifying States shall recognize the rights of ownership and possession of the
peoples concerned over the lands that they traditionally occupy, and that
States shall establish adequate procedures within the national legal system to
resolve land claims brought by indigenous and tribal peoples. (ILO 107).
Shri
Balkrishna Renkey Commission (National Denotified, Nomadic & Semi Nomadic
Tribes commission) Report & G.O.I. Response:
Renkey commission submitted the report in the year of 2008 but even
after eight years it is not presented in the parliament for member’s discussion
and DNTs commission report recommendations implementation. GOI not only over look the DNTs commission
report but at the same time they have also failed to implement Technical
Advisory Group (Ministry of Social Justice and Empowerment, Government of
India, vide its notification dated 8th September 2006) Report & no time line
is defined. Due to this reason they are still deprived to avail the affirmative
action as recommended in the reports.
It clearly shows that GOI is not having any sympathy and is least
bothered about their concerns. Such negative attitude against patriotic (Denotified
& Nomadic Tribes) communities is a matter of National Shame.
Education: Level of education is very poor among DNT communities almost
negligible. So, free and compulsory education at all the levels is very much
required with sufficient weight age, reservation and scholarship facilities for
improving their life. Reservation of seats is also required in the private
school and colleges, so that they will avail the quality education without any
financial burden and discrimination.
Army
Regiment for Denotified Tribes and Nomadic Tribes: DNT members are full of courage and
energy. In 1857 they openly challenged the British Government. So, they are
true patriotic and there forefather were Real First Freedom Fighters. DNT
members were biggest enemy of the British Government and this is the reason
they were not their loyal and favorite. This is the reason British Government
don’t want to take any risk by making their regiment. This is really painful
that in the independent India, G.O.I. also did not show any interest in this
matter and the lineage still continues.
Freedom
Fighter Tag to Ex-Criminal Tribe Members:
For taking most active participation in first independence struggle
(1857) by certain patriotic communities against British rule in India. The British
Government imposed certain harsh rules on such communities to totally suppress,
crush and marginalize them. According to such rules each and every member was
criminal, it was not matter that he has committed the crime or not. Each and
every members of these patriotic communities were victimized due to such harsh
rules and legacy is still persisting in Independent India even after 69 years
of independence.
This is really a matter
of great pain and National Shame as well because it was accepted by GOI in
their Gazette notification issued in the year of 2003 for Denotified &
Nomadic Tribe commission formation.
So, this is the high time for GOI to recognize their great contribution
in the freedom struggle by giving these communities Freedom Fighter status and
passing on all facilities and benefits designed by our policy makers. Also
request GOI to take all necessary steps for removing their criminality tag, so
that they can live dignified life.
Taking out Denotified and Nomadic
Tribes from alcoholism & Prostitution:
In modern
Indian context, DNTs skill set and expertise is useless and also their products
are totally rejected by civil society. They are soft target for police in case
of any theft or robbery in the area.
Such harsh situations are compelling them to become alcohol/drug addict
and committing crime.
The
education level is negligible in DNTs, for livelihood they are not having any
choice and due to this reason few DNT communities are totally engage in
prostitution. Indian sex market is having big percentage of DNTs communities
because they are poor and easily exposed to exploitation. This is matter of National Shame and blot on women empowerment.
Indian policy maker’s immediate attention is
required for framing the policies for eliminating such bad practices and social
stigma for bringing them in the main stream.
They are not
having free medical facilities in
Government and Pvt. Hospital as social security to the most deprived section of
the society. They are not having free
access to P.D.S. (Public Distribution System). For settling down DNTs, free or affordable
Housing schemes are very much required.
Atrocities
Act: To be extended to DNT, nomadic and semi
nomadic tribes, if this order of priority. This will need Parliament's
intervention and it can be pursued immediately.
Women of DNTs are vulnerable to sexual harassment
by men of other communities, Special cells are needed to allow women of the
DNTs to come forward and complain in case of sexual harassment.
The NHRC
in their 7th annual report had suggested that a senior police officer be
appointed in every state to look in to the cases of violation of human rights
of denotified and nomadic tribes and report to the state Human Rights
Commission. This recommendation should be implemented.
Government must ensure that there is a strong
legal protection to the Denotified, Nomadic and Semi-nomadic Tribes from the
social stigma, atrocity and privation. The Law that will protect the DNT
communities must ensure that the Constitutional Guarantees provided to a
citizen of India get fully and effectively extended to the members of the
Denotified, Nomadic and Semi-nomadic communities. Defaming Denotified and
Nomadic Tribes is very common even by top Political leaders, Media persons, and
bureaucrats. So, defamation of DNTs is not acceptable anymore and must be deal
with non-bailable offence.
Abolition of the Habitual Offenders Act from all states.
Grievance
Cell for DNTs in each and every Government dept for addressing their concern
along with separate cell for DNTs in PMO.
International
Convention on the Elimination of all Forms of Racial Discrimination: (CERD -
UNITED NATIONS)
COMMITTEE
ON THE ELIMINATION OF RACIAL DISCRIMINATION
Seventieth session (19
February – 9 March 2007)
The Committee is concerned that the so-called
denotified and nomadic tribes, which were listed for their alleged “criminal
tendencies” under the former Criminal Tribes Act (1871), continue to be
stigmatized under the Habitual Offenders Act (1952). (art. 2 (1) (c))
The Committee recommends that the State party repeal
the Habitual Offenders Act and effectively rehabilitate the denotified and
nomadic tribes concerned.
DNT members
were kept in Cellular Jail (Andaman and Nikobar Island) KALA PANI that was colonial prison. They are still living
over there but even after passing 69 years no sincere efforts were made to
bring back to their original home town & comprehensive development.
Roadmap for the DNTS and the land reforms, forest
rights for pastoralists, razing rights and passage rights across the state
boundaries for the sheep, camel, goat, yak buffalo and the other pastoral
groups. Rights of performance for the non pastoral nomadic groups, access to
land to these groups and so forth.
Development
Board: To constitute, a Denotified Nomadic
Tribe Development Board, which could look after the overall development schemes
of DNTs.
Constitutional
Protection: To give
constitutional protection and privilege to DNTS by creating a separate Third
Schedule – “Denotified Tribes (DNTs)”. We may call it “Scheduled Denotified
& Nomadic Tribes”.
Reservation
in Jobs: DNT members are spread in all the
categories i.e. SC, ST, OBC and General Class and they are at lowest level in
each and every category because of their social and educational most
backwardness. They are distinct class and also possess complex tribal
characteristics.
Amalgamation of Denotified & Nomadic Tribes along with SC,
ST,OBC & General unreasonable and unconstitutional as well i.e. violation
of the fundamental rights article 14 of Indian Constitution. Honorable Supreme
Court is also having opinion and already given his verdict in the following
case:
Atyant Pichhara Barg Chhatra ... vs Jharkhand State Vaishya ... on 8
August, 2006 (Appeal
(civil) 3430 of 2006) https://indiankanoon.org/doc/1934185/
National Commission of Backward Classes also understands the gravity of this matter i.e.
social injustice with Denotified & Nomadic Tribes. This is the reason NBC
Commission has already submitted detailed 15 pages report to GOI for Sub Categorisation within the other
Backward Classes.
As Denotified &
NomadicTribes Members falls in all the categories i.e. SC,ST,OBC and General,
so Horizontal reservation in proportion of their population will be the best
solution.
Job
Reservation Private Sector: This will be a good option for
DNTs because private sector is having huge employment options and its combined
responsibility of the civil society and Indian Government to bring such
patriotic communities i.e DNTs in the main stream by providing them respect, social
security and constitutional protection for that they deserve a lot.
International
Denotified and Nomadic Tribes in India and their role in Nation building:
It’s really a matter of INTERNATIONAL
SHAME that most disadvantageous and depressed International Nomadic Tribes
are still deprive of their fundamental rights. So I request G.O.I, UNDP, UN
–ILO and IHRC to look into this matter on top most priority.
Certain nomadic & Denotified Tribes like Sansi, Gadia Lohar,Banjara,Rebari
and Gujjars are having international
nomadic tribe status because of their presence beyond our national
geographical boundaries are persisting in several other and nearby countries.
If G.O.I. make strategies and policies such communities/ethnic groups will
definitely play vital role in nation’s integration and maintaining peace and
harmony in the national and international region.
With the help of such
communities our Indian Government will be strengthened for dealing and
controlling the terrorism within the country and at international level. G.O.I.
suggests for taking the advantage of such communities presence across the
international bordering areas like presence of Sansi and Gujjar communities in
J&K, POK, Punjab, Afghanistan and similarly Mallah/ Nishad in international
coastal areas. In such situation they may be great source of new business
development and it will be a win-win situation for all the concerned countries.
By doing this, GOI will also be able to comply with the international
obligation that is already signed by GOI through ILO Convention 107.
Nation may also utilize such DNTs communities for developing
intelligence system at local, national and international level by enhancing
their skill set.
Reservation in Police and Paramilitary Forces will definitely change their
life and also improve their socio economic conditions. This will also win- win
situation for civil society, Government and DNT members because after this initiative
they will say ‘’ No’’ to the crime and Crime Graph will sharply come down.
Political
Reservation: Constitutional amendment is very much
required for making the provision of fair representation in Parliament and
Assemblies in proportion to the population of DNTs and NTs. As per the Equal
Opportunity Commission Report its clear that ALL DNTs are most depressed class
are very much entitled for each and every fundamental and other constitutional
rights like SCs & STs are having.
Empowerment through
Entrepreneurship: If GOI and State Government provide the funds than
Entrepreneurship will give them great Empowerment.
Loan:
GOI & State Governments provide them loan at very low interest rate for
establishing their own business.
Inclusion Denotified & Nomadic Tribes in SC, ST List: Several Denotified &
Nomadic Tribes communities demands are pending with SC and ST commission from
years and in few cases its pending more than decade. it's a well known fact ‘’ Justice is delayed justice is denied’’.
As per Ministry of Tribal Affair, May 2014 HLC report & TAG Report
(Ministry of Social Justice and Empowerment) priority should be given to the
Denotified & Nomadic Tribes for including them in SC, ST List without area
restrictions.
As it is already very late so I request G.O.I. to take
immediate action in this regard.
Legal Aid:
I request GOI to provide DNT members free of cost legal support in court cases.
Protection from Police & Civil Society: Even today certain colonial period I.P.C.
sections are still exists for punishing & crushing Criminal Tribes. So,
constitutional changes are required for providing them absolute constitutional
safe guard because they are having threat from Police and civil societies as
indicating in the Gazette Notification of Denotified Tribes and Nomadic Tribes
-2003.
Award,
Reward and Recognition of DNTs contributions: This is
very much required that our nation must recognize great contribution of DNTs at
every stage especially on our Intendance day and republic day by the
bureaucrats and executives. This will be helpful in image building of DNTs
& also motivate them for doing the good work for community upliftment and
social integration.
Moreover recognize organizations and individuals those continuously are
working for upliftment of DNTs with civilian awards like Padam Shree and Padam
Bhushan.
GOI & State Governments Denotified and Nomadic Tribes Image Building
Responsibilities:
• By introducing Denotified and
Nomadic Tribes Freedom fighters chapters of their contribution in the freedom
struggle.
• A separate subject must be
incorporated in the education system and must be compulsory for all Boards and
universities curriculum.
• For recognizing their contribution
in the Freedom Struggle of “Denotified and Nomadic Tribes’’ a separate subject
must be the part of all the competitive exams like I.A.S., I.P.S. etc.
• All government website must have
DNT freedom fighters details, especially Ministry of Social Justice & Empowerment,
ST, Tribal Affair, SC and DNT commissions etc.
• Formation of Bhavy Bharat Dwar
with the cost of 5000 Crore having statues of DNT freedom fighters with big
library in Greater Noida Nalghadha ( Shaheed Bhagat Singh – Gun Training
Center).
Sports, Tribal & Pastoral University: India is having largest
Tribal population. State wise
Sports, Tribal & Pastoral University having Central University status are
required for DNT members.
Adding a few lines in National Anthem for recognizing great
contribution of DNTs in the freedom struggle through constitutional amendment because
we are not having even a single example of mass level sacrifice of their lives like
DNTs for their mother land in the whole world.
Central Animal Husbandry & Fisheries Ministry:
A Big Salute to cattle rearing Nomadic Tribes like Gujjar, Gaddi,
Rebari, Gadariya, Dhanghar, Ghosi etc for making India second largest milk
producing country in the world. GOI is not having separate ministry and it’s
very much required for addressing the cattle rearing Nomad Tribes issues and
designing new policies about facilities, protection, and welfare of such
communities, also by providing modern system for increasing the national milk
production Index.
Land on Lease to DNTs:
DNTs are living in remote and far flung areas and also are not having
any land. Center and state Governments are also suggested to provide them land
on lease for improving socio – economic conditions of such tribes.
National Tribal Day: GOI suggested to finalize a date for celebrating as National Tribal Day
every year. On this occasion Tribal Fairs must be organized by administration
and political leaders, so that every citizen having fair idea about their rich
culture, heritage and issues. This will also help Government for designing and
analyzing the policies and its impact on their life. Tribal communities include
Hill Tribes, Forest Tribes, Schedule Tribes, Primitive Tribal Groups,
Denotified- Nomadic Tribes etc.
TAG Report Recommendations Implementation: GOI must implement Ministry of
Social Justice TAG report -2006 recommendations that were prepared for DNT
communities. Honorable Supreme Court already asked GOI steps taken by them in
his order for implementing TAG report.
Few of the TAG report
recommendations / suggestions are given below:
Official Listing and Placement
of Denotified, Nomadic and Semi nomadic Tribes:
i.
Any
tribe or community falling within the definition of Denotified Tribes, and
recognized as a Scheduled Tribe in one or more state/states, is to be recognized
as Scheduled Tribe for the purpose of the Government of India.
ii.
Any
tribe or community falling within the definition of Denotified Tribes, and
recognized as a scheduled Caste in one or more state/states, is to be
recognized as Scheduled Caste throughout the Republic for the purpose of the
Government of India.
(Uniform status without any area restriction and same suggestion was
also given in the HLC Tribal Committee Report, May-June -2014, Ministry of
Tribal Affairs -GOI)
Land related activities: To
launch a comprehensive National Program for minor irrigation of all lands held
by DNTs and bring irrigation by any means for all their irrigable land. Give
landless DNTs some land through proper implementation of land ceiling and land
redistribution legislation, and development these land through irrigation and
other means.
Case details are given below:-
WRIT PETITION (CIVIL) NO(s). 56
OF 2011. Dt 07/11/2012
Annexure:
Annexure No. 1: Lokur Committee Report (Page. No. 16
& 17)
Annexure No. 2:
Criminal Tribes Act -1871 & 1947
Annexure No. 3: ILO
Convention 107
Annexure No. 4: UNITED NATIONS CERD Report – 2007
(Page No.3 & Point No.11)
Annexure No. 5: United Nations Committee on the
Rights of the Child on India’s first periodic report(Discrimination against so
called Criminal Tribes –Page No.96)
Annexure No. 6:
India: No democracy for those living on the margins
(AITPN & IWGIA - Universal Periodic
Review of the Human Rights Council).
Annexure No. 7: RACIAL ABUSES AGAINST DENOTIFIED
AND NOMADIC TRIBES IN INDIA
Annexure No. 8: INTERNATIONAL LAW AND INDIGENOUS PEOPLES
(India: THE BLUR OF A DISTINCTION: ADIVASIS EXPERIENCE WITH LAND RIGHTS,
SELF-RULE AND AUTONOMY) Page No. 269
Annexure No. 9:
Poverty Alleviation Strategies of Castes and Tribes in India (Page
No.5/6)
Annexure No. 10: Tribal Committee HLC Report, May
2014
Annexure No. 11: Human Rights of Indigenous People –
An Analysis ‘A focus on Human Rights Conditions of De-notified Tribes’
Annexure No. 12:
STANDING COMMITTEE ON SOCIAL JUSTICE AND EMPOWERMENT (2011 - 2012)
TWENTY – THIRD REPORT
Annexure No. 13:
S U P R E M E C O U R T O F
I N D I A - WRIT PETITION (CIVIL) NO(s). 56 OF 2011
Annexure No. 14:
TAG Report -2006 (RECOMMENDATIONS OF THE TECHNICAL ADVISORY GROUP 2006)
Annexure No. 15: State-wise details of
proposals presently under process with the Central Government, for inclusion of
specific castes/tribes etc. in the list of (i) Scheduled Castes, (ii) Scheduled
Tribes.
Annexure No. 16: Equal Opportunity Commission (EOC) Report
Presented By: Mohit Tanwar
(Mob.
No. 9818120899)
e-mail : mohit_tomar@hotmail.com
कौम मेरी मरती रही मुल्क के दुश्मनो से लड़ लड़, इधर चापलूस अमीर बन गये,
देशभक्त विमुक्त बन गए खानाबदोश और गद्दार-ए-वतन यंहा वजीर बन गए।
Denotified & Nomadic Tribes
Images:
Important Links
Criminal
Tribes ACT: http://ccnmtl.columbia.edu/projects/mmt/ambedkar/web/readings/Simhadri.pdf
DNT
Census-2010-2011: http://www.thehindu.com/news/national/notice-issued-on-plea-to-enumerate-denotified-tribes/article1162623.ece
REPORT OF
THE HIGH LEVEL COMMITTEE ON
SOCIOECONOMIC, HEALTH AND EDUCATIONAL STATUS OF TRIBAL COMMUNITIES OF INDIA
: http://www.kractivist.org/wp-content/uploads/2014/12/Tribal-Committee-Report-May-June-2014.pdf Pg No. 24, 57,58 &59.
Ministry Of
Social Justice and Empowerment : Technical Advisor Group 2006 Report:https://www.scribd.com/doc/933435/TAG-Report
UNITED
NATIONAS CERD Report -2007
The Rights
of the Child on India’s first periodic report (CRC/C/93/Add.5)
India: No democracy for those living on the margins
: http://lib.ohchr.org/HRBodies/UPR/Documents/Session1/IN/AITPN_IND_UPR_S1_2008anx_Annex.pdf
Racial
abuses against the Denotified and Nomadic Tribes in India: http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/Ind/INT_CERD_NGO_Ind_70_9032_E.pdf
INTERNATIONAL
LAW AND INDIGENOUS PEOPLES ( INDIA: The Blur of a Distinction: Adivasis Experience with Land Rights,
Self-Rule and Autonomy) https://eprints.mdx.ac.uk/7227/3/Gilbert-India.pdf
Poverty Alleviation
Strategies of Castes and Tribes in India : http://www.chereum.umontreal.ca/activites_pdf/Session%201/Singh_Poverty%20Alleviation%20Strategies.pdfHuman
Rights of Indigenous People – An Analysis ‘A focus on Human Rights Conditions
of De-notified Tribes’: http://www.ijird.com/index.php/ijird/article/viewFile/36721/29629
STANDING
COMMITTEE ON SOCIAL JUSTICE AND EMPOWERMENT (2011-2012):
EQUAL OPPORTUNITY COMMISSION
REPORT: http://minorityaffairs.gov.in/sites/default/files/eoc_wwh.pdf
Inclusion of Castes into SCs STs Category: http://www.staffnews.in/2012/08/inclusion-of-castes-into-scs-sts_19.html
Branded by law: India’s denotified
tribes: https://www.youtube.com/watch?v=POzOM0FT8lE
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