Policy Analysis

The Critique on the Constitution (Scheduled Castes and Scheduled Tribes) Orders (Second Amendment) Bill, 2022

Author: Gunjan, a student at Gautam Buddha University

Historical Background

The first historically recorded Gond kingdoms came up in central India’s hilly region in the 14th and 15th centuries AD. The first Gond king was Jadurai, who deposed the Kalchuri Rajputs, at whose court he had earlier worked, to grab the kingdom of Garha Mandla (modern Mandla and Jabalpur in Madhya Pradesh) Article 15 lays down that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them but because of old tradition and culture, it is difficult to implement.

Introduction  

The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Second Amendment) Bill, 2022 was already passed by Lok Sabha on 1/4/22. Recently Rajya Sabha approved this bill which was presented in February. This bill was passed by Voice vote. In this bill, the suffering caste has been removed from the list of SC. It is noteworthy that this community is being included in the Scheduled Tribes in the state. The Bill amends the Constitution (Scheduled Tribes) Order, 1950 for the inclusion of certain communities in the list of Scheduled Tribes in Tripura. It includes the Darlong community as a sub-tribe of the Kuki tribe in the list of STs in Tripura It is initiated for the better implementation of the reservation policies for such categories. 

Key Points and Changes 

The Bill amends the SC order to exclude the Gond community as a Scheduled Caste in four districts of Uttar Pradesh: (i) Chandauli, (ii) Kushinagar, (iii) Sant Kabir Nagar, and (iv) Sant Ravidas Nagar.  It amends the ST order to recognize the Gond community as a Scheduled Tribe in these four districts.

  1. Tribal Affairs Minister Arjun Munda said that the Narendra Modi government is committed to the welfare of tribals and has increased budgetary allocation over the years for the welfare scheme.
  2. The government keeps amending the lists originally notified in 1950 based on requests made by various state governments.
  3. According to the bill, along with the Bhogta community of Jharkhand, Tamaria/Tamdia, Purana, Deshwari, Ganjhu, Daulatbandi (Dwalbandi), Patbandi, Raut, Majhiya, Khairi (Kheri) will also be included in the list of Scheduled Tribes (ST).
  4. Coming from SC to ST, including Bhogta, they will get the benefit of being included in the purview of larger reservations. There is currently a 10% reservation for SC and 26% for ST in the state. Due to this, they will be able to benefit from the additional reservations.
  5. The Tribal Research Institute (TRI) recommended in the year 2002 to list Tamaria/Tamad in the category of Munda. At the same time, the recommendation to include Puran in ST was made by the Tribal Research Institute in 1993.
  6. It is noteworthy that during the tenure of the UPA government, in the year 2014, the then Chairman of the National Commission for Scheduled Tribes, Dr. Rameshwar Oraon recommended the inclusion of the Bhogta caste in the Scheduled Tribes by removing it from the category of Scheduled Castes.

The Positive and Negative Implications  

Positive Aspects

  1. It provides Voting power to tribals and also helps to Conservation of culture and heritage ministry of tribal affairs established Tribal freedom fighter museums in 10 states: Consequently, the Ministry of Tribal Affairs has sanctioned ten Tribal Freedom Fighter museums to be located in Gujarat, Jharkhand, Andhra Pradesh, Chhattisgarh, Kerala, Madhya Pradesh, Telangana, Manipur, Mizoram, and Goa. further leads to an increment in the budget by the government and community of Chandauli, Kushinagar, Gautam Buddha Nagar Nirman sthali, sant ravidas Nagar will come under scheduled tribes from scheduled caste They will start getting all the benefits of these 4 districts.
  2. Earlier, if a girl of Gond society did marry other than 17 districts of Gond samaj, then her rights would have ended. After this bill is passed, it will be implemented in the entire Uttar Pradesh and her rights won’t end.
  3. Issuing of certificate: The people of the Gond, Dhuria community should be given a certificate which will help them in taking reservations and other benefits like bank facility which Helps by including these communities in scheduled tribes.

Negative Aspects

  1. If there was data on the scheduled caste which is the Kharwar caste (sub-category), the issue of classification should be taken seriously. because there is no particular data to differentiate which community belongs to which caste.

Critical Analysis

The Constitution (scheduled tribes and scheduled caste) orders (second amendment)bill, 2022 will helps the community in recognition denied by the officer that they don’t belong to their community areas problem will be sorted by placing in schedule tribes they can claim for reservations and other benefits like reservation education in the institution, bank facility and right to vote, right to marriage in any area without diminishing the right of the girl.


References

.https://prsindia.org/billtrack/the-constitution-scheduled-castes-and-scheduled-tribes-orders-second-amendment-bill-2022

.https://en.m.wikipedia.org/wiki/Scheduled_Castes_and_Scheduled_Tribes

.http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/91_2022_LS_ENG.pdf

.https://www.thehindu.com/news/national/lok-sabha-live-updates-april-1-2022/article65280509.ece/amp/

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