Denotified and Nomadic Tribes

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 

http://ccnmtl.columbia.edu/projects/mmt/ambedkar/web/readings/Simhadri.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.

http://www.ilo.org/wcmsp5/groups/public/---asia/---ro bangkok/documents/presentation/wcms_099176.pdf

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.   

http://janitihas.blogspot.in/2012/11/1857-dhan-singh-kotwal.html

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.

http://www.ncbc.nic.in/Writereaddata/Report%20on%20Sub-Categorization%20within%20OBCs%20-2015-%20Pandey635681469081640773.pdf

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’’.

http://www.staffnews.in/2012/08/inclusion-of-castes-into-scs-sts_19.html

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

ILO 107 : http://www.ilo.org/images/empent/static/coop/pdf/Conv107.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

https://www.google.co.in/?gfe_rd=cr&ei=l8LGV4rwKIrC8gewppOYDA&gws_rd=ssl#q=UNITED+NATIONS+CERD+rEPORT+2007+DENOTIFIED

The Rights of the Child on India’s first periodic report (CRC/C/93/Add.5)

http://www.childlineindia.org.in/CP-CR-Downloads/ACHR%20India%20Children%20Report.pdf

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

https://eprints.mdx.ac.uk/7227/3/Gilbert-India.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): 

http://www.prsindia.org/uploads/media/Schedule%20Tribe%20Second%20Amendment/SCR%20Constitution%20ST%20Order%20second%20amendment%20Bill%202011.pdf         

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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