National Tribal Pollicy Draft Proposal

 

National Tribal Policy

Submitted By DTS for Consideration to the Govt. of India 

The Suggestion/Opinion

6. Alienation of tribal land:

6.1 a)      The state law has made the restoration of alienated tribal lands in respect of certain cut off date which is very recent. This invariably makes the restoration of tribal land a meaning less as most of tribal land had been alienated before such dates. So the cut date should be waived off totally. If at all it is so then it should be made at least from the date since independence, that is all those transfer of land from ST to non-ST that had come up after 1947 should be made illegally alienated and restore all those lands of ST that had been alienated after independence.

b)           Tripura was a tribal majority independent state before merger with India; the last king of Tripura anticipated the rapid influx of non-tribal in the state post merger with India. So he made a certain amount of cultivable land non-transferable and reserved exclusively for indigenous people of Tripura by enacting laws, which were subsequently notified also in the state gazette in that time. But after merger with India several state governments of Tripura had de-reserved most of those lands by enacting laws illegally, which they could pass as the non-tribal became minority of the state. Now laws should be enacted, if needed constitution be amended, to declare those and other such laws null and void and illegal ab initio which were made in different occasion to de-reserve the lands reserved by late kings of Tripura before merger with India. Then only the purpose will be solved, other wise it will be mockery in the name of national tribal policy.

b)           Any registration of transfer of land from ST to non- ST in the tribal area should made null and void, and transfer of land be made non-transferable.

c)           There are ample of cases in Tripura where the lands has been alienated from the ST to non-ST, but the registration of such land are in the name of some other ST, that is  de facto owner is non-ST who is deriving all the benefits of the lands. Quick survey of such land must be done and necessary time bound and targets oriented steps must be taken to restore such lands also to the original ST.

d)           The two member of the monitoring committee to overlook the progress of land restoration should be from the ST community, other wise the purpose will not serve.

e)            There is always a tendency to sabotage the judicial integrity and impartiality judgment are not always done when it comes to pronouncing judgment in a sensitive issue like restoration of illegally alienated lands to ST. Keeping this view in mind, at least half of the judges should be from ST community, and the non-ST judge should preferably be from other than the concerned state. It has been commonly observed that the government aided legal aids are either not so competent or do not pursue such cases sincerely, there fore in most instances the ST litigants lost in the cases. So instead of providing legal aids to the ST, they should be allowed to choose advocates, what ever cost of advocates should be incurred by the government. One of the reasons why tribal people do not resort to judiciary is that the lengthy and protracted time taken in getting the justice, so the faiths on the judiciary goes weathered away. The ST litigants have to attend the court for several times before justice is given, which make the already poor ST poorer, because they have to travel long distance to attend the court and it also loses their work days and earning there by.  So disposal such cases should have a time-limit, but it must also be taken care that hurry does not bury the justice.

f)            There are numerous cases where the land had been restored to the ST in paper only, but the same could not be implemented as the land restored is located in the non-tribal majority area. To cultivate such restored land in reality is just impossible as cultivating such land is threat to life of ST and even violent riot may break out. Some land has been far from the tribal area because the tribal had been forced to leave such village long back and become non-tribal. So implementation restoration of such land must be done taking the practical situation, such land may be bestowed to the government then may be sold in current price by auction or other wise and the compensation be given to the affected tribal. 

7. Tribal Forest interface

 a)           A viable alternative means of cultivation like bamboo cultivation should be made policy, and in doing so the state government tends to include the non-ST also in such scheme in the name of communal harmony and proportionate allocation. These practices should be done away with.

b)           One time compensation of cash will not help, as ST community are likely to spend all those money if few years. Such cash compensation should be such which will guarantee regular income on monthly basis that is atleast one member of affected family be given government job or job in the said project.

c)           The evicted and affected family be made share holder of such projects and whatever profits it makes or the projects provides facilities, the ST should also be given such facilities.

d)           Regular detailed cost benefit study and analysis of such projects be made at regular interval say 3-4 years to review whether such projects are giving profits. One of member of such team should be from ST community.

e)           When such project could not deliver the output or facilities for which such projects were made be withdrawn in time bound manner, and the land should be restored back to the original owner with out making any technical difficulties. Like there is Dombur hydro electrical projects in Tripura which was commissioned in the 1970’s.  but the projects is hardly generating 10-15 megawatts of electricity, where as the cost of maintenance is much more then the out put. Also there had been other modes of electricity generation like natural gas based  thermal power station had already been commissioned in Tripura. So the Dombur projects should be dismantled at the earliest, and the vast cultivable land restored to ST and similar non profit making projects which was made on tribal land should be abandoned and land restored to ST.

9. Enhancement of HDI:  

9.3 Education, Vocational training & sports:

a)           As it is known fact that the ST has the lowest literacy rates and highest in drop out the country, the reasons are various. But the most important reason in study in others language that is non mother tongue. So the ST students should be given primary education at least up to class fifth level in their mother tongue level in tribal majority area.

b)           In the school syllabus in different subjects like in language the tribal folk tales, folklore, mythology etc. should be incorporated so that the tribal students do not feel alienated. Same story should also be included in other language’s text so that non-STs are also sensitized about tribal culture and heritages. This will help in bridging the gap and cement the relationship between ST and non-ST. Similarly those person who had struggled for freedom movement be given due recognition and included in the school text of social sciences.

c)           The strength of the hostel should be at least of hundred seat strength for both the boys and girls separately in the block level. And in the village level it should be minimum fifty seated for both the boys and girls. Similar school at the district level should be minimum of 150 seat strength, and then one at the capital level the capacity of seat be at least 200 for boys and girls separately.

d)           Strong rules should be made to punish those casteist teachers who express derogative and humiliating remarks against ST and tribal cultures customs etc. If the teachers make similar offence subsequently even after warning they should be terminated from the job. We have instances where ST students are compelled to leave the school and seek admission in some other school.

e)           The seats reserved in the higher studies like medical, engineering and professional course are de-reserved, non tribal candidates are given admission against the ST seats in the pretext of non availability. The de reserving should be completely banned, let the ST seats go vacant if ST are not really available.

f)            Many ST students can not pursue higher study like medial, engineering etc. even after getting selection because of poverty. To avoid such incidences where bright students are left to perish adequate provision should be made to help out those categories of students. In that order monthly stipend of at least Rs.1500/ to ST students, provision of paying the college fees etc by the government, and hassle free easy, interest free loan should be provided to deserving ST candidates.

g)           Free coaching for ST candidates for pursuing higher studies like PMT for MBBS, BDS etc. Engineering, MBA, NET, CAT, and central government jobs like civil services and other central services should be provided making necessary provision like screening test, economic criteria etc. at least for one year.

h)           There are large numbers of metric failed students who became a drop out and could not pursue for any future course. They are not able to do the traditional agricultural work and also can not succeed in getting any job. Such youth are easy targets of different anti social aliments for recruitment in terrorist, secessionist organization in the north east and, different Naxal, Maoist organization in main land likes Andrapradesh, Jharkhand etc. NGO’s should be encouraged and funded to provide madhyamik plucked coaching to such youths. There are many such NGO that are giving ninety to hundred percent results in the secondary examinations in Tripura. 

9.10 Tribal HDI

a)            The tribal system of treating disease is as strong and deep rooted and scientific as the Ayurveda and Siddha system, like the Tibetan, Chinese system are; but the tribal system of healing different diseases had not been systematized and scientifically studied. If proper research is done on the subjects integrating all the tribal system of India, it would be not less then the Ayurveda, Siddha. Projects or plan in that direction should be formulated so that full potential of tribal system of medicine be unearthed and used in treatment of diseases. It will give lively hood of opportunity to lots tribal people also.

9.12 Non-lands based lively hood:

a)           North east is the major source of Bamboo and most of the varieties are found in the north east region of India. The bamboo cultivation should be done in scientific way, and special focus should be made to bamboo cultivation of high yielding variety in the north east. Also national bamboo research institute should be established in the region.

b)           It is estimated that china exports about $5 (Dollar Five billion) billion worth of bamboo made different products per year. It has so high potential to grow; this part has not been tried and tapped in the predominantly tribal majority north east. To encourage bamboo based handicrafts among the tribal of the north east specially a central training institute on bamboo based industries should be established and to train them in making different bamboo based items in the north east.

c)           For marketing and exports of such high end products special economic zone should be established in the region.

9.18 Money landing and indebtedness:  Provision or law should be made that in lieu of non re-payment of either principal or interest component of loan, no land or property be lost or mortgaged. As such no land or property should be made transferable or alienable to non ST.

 

10. Creation of critical infrastructure:

10.5 a)   It is fact that the tribal people are unaware of the different projects earmarked for their area or village, which is made in the block head office. Hardly any tribal people represents in such the office, as a result such projects or programs which are funded by tribal budgets for tribal villages are diverted to non-tribal villages. There are examples like road, minor irrigation projects, bridges etc earmarked for tribal area are implemented in the non-tribal area, and the tribal area is left out. So to plug these types of diversions of projects and programme, completion of such programme should be signed by tribal advisory committee of the blocks.

10.6 a)   The population proportion funding of STs is a very convincing idea. It needs a time bound approach to implement at par with rest of the country. But at the same time a sub targets must be set before setting final target of 2020. a target of 2014 should be fixed to achieve at least half of the target of 2020. There should be a review of implementation of such targets fixed at three years interval; then only the goal of achieving population proportionate funding for tribal area can be made successful.

13. Adoption of TSP Strategy:

13.5 a)  For strengthening the implementation of tribal sub plan (TSP) a committee consisting of tribal only from both political leader like MP, MLA, social leaders and bureaucrats etc. should be formed who would monitor and evaluate the compliance of the TSP strategy.

b)           There are a screwed was of diversion of tribal developments funds in Tripura. It is stated that a bulk amount of fund earmarked for tribal area developments are diverted to pay the salary and perks of the state and central paramilitary forces posted in Tripura. This is done as the paramilitary are required to be posted in the tribal area of Tripura to maintain the peace and tranquility for implementing such developmental projects. These kinds of diversion of tribal developmental funds should be totally stopped. No fund for tribal developments should be diverted either by covert or overt means.

c)           Head of Department of tribal welfare of the state must belong to tribal community of the state or other state, none other then ST should head the tribal welfare department. Similarly the minister, the bureaucrats posted in the tribal welfare ministry both in the state and central govt. must be made from tribal community. 

16. Enlisting support of NGO’s:

a)              The importance of NGO’s can not be underestimated, their contribution to for the cause can not be denied. But the fact is that there are more number of NGOs which are their in the tribal area just to siphoned out tribal development money then those NGOs which are actually working for the tribal cause. It has often been seen that these NGOs are run by the wives, children or relatives of political leaders, bureaucrats who can easily get the projects/plans etc sanctioned and in the name of services loots the tribal development funds.  

16.1 a)   Prior to sanction of such projects, the authenticity of such NGO should be thoroughly checked, their track records, and past services scrutinized.

b)           The NGO interested working in the tribal area for tribal cause should be exclusively consisting of ST members only. This will help to employ tribal unemployed youths.

c)           In case such NGO is not available then such NGO must have 51% member belonging to ST community, of which the head of the organization should be ST. It will empower the tribal and help in decision making.

17. Tribal culture and Traditional life:

17.1 a)   Tribal handicrafts should be made commercially competitive and made viable in the markets and accordingly promoted.

b)           Tribal academy be established in the line of Sangeet Natak academy both at the state and central level. It should be entrusted to preserve, promote, and propagate the tribal culture within the state, among the tribal, in India and abroad.

c)           Teachers should be employed from amongst the distinguished artist of the respective fields to teach the new generation, for refinement and upliftment of the culture. They should also be entrusted to help make tribals’ traditional musical instruments which are on the verge of extinction.

d)           Separate radio center: Separate AIR center should be made in every tribal minority state for broad casting exclusively tribal in every state. It will help to spread and enrich tribal culture and tribal language. Other wise the tribal are compelled to listen the programme which do not belong to them, alien to their culture, and language.

e)           Separate TV channel: Where as we find many TV channel in the major languages of India both in private and government aided but there is none in tribal language. The tribal are left but to watch programme in others language. So the children of tribal community feel inferior and hesitate to speak in their mother tongue. If the tribal are able to see their people and their programme in the TV it will help to boast their moral and feel a part of the country. It will also help to preserve and promote and make aware other non tribal people about the tribal culture. Keeping the fact in mind a separate TV channel exclusively for the tribal for 24 hours should be commissioned in every state and also in the center. It will also help in employment of may educated tribal youths.

18. Administration of Tribal Areas:

18.5 a)   The tribal advisory council should given enough power to direct the state government, to reject any proposals, to with held plan or project which are contradictory to tribal interest and no such programme should be allowed to operational unless it is authorized by such TAC.

18.7 a)   Delineation of Scheduled area had been a bone of contention between the state government and the scheduled area authority. There has been a tendency to declare the scheduled area as non scheduled area, in that respect the state government are more powerful than the scheduled area and delineate the tribal area as and when required for the non-tribal.

b)           The non-tribal who are most of the time majority of the state migrate to the scheduled area and in few years time reverses the demographic pattern of the scheduled area, and tribal become minority in the scheduled area. Subsequently the areas are declared as non scheduled area. Such practices must be stopped and a clear cut of date must be put retrospectively after which no area can be delineated from the scheduled area.

c)           No area which once declared scheduled area must ever be delineated to non scheduled area with any pretext.

d)           Baring few states in most of the states the tribal have become minority. So to get the contiguous tribal majority area in such state is a difficult of not available. If at all available then it will be mostly jungle, hills, or barren land not occupied by human being or not favourable for human habitation. Reserving such area has any practical use. Keeping above fact in mind any area/locality where tribal are distinctively more in percentage terms then the average percentage of ST population in the state should be included in the scheduled area, not necessarily taking the criteria of 50%.

18.9 Review of strategy in reference to sixth schedules:

No laws or rules had been perfect. That is why we have seen more than hundred amendment of our constitution. In the back ground of the above facts the laws or provision of the sixth schedule is expected not to be perfect, which exclusively relate to tribal area governances. So the sixth schedule of the constitution should be amended to give more powers for self governance of tribal area by tribal.

a)           Like giving central grants/funds directly to the sixth schedule area instead of enrooting it through the state, and make them accountable to the Governor of the state and to the central government must be considered.

b)           Direct funding of the scheduled area in proportionate to either in terms of the population or the scheduled area against the state should be formulated.

c)           Besides this the sixth scheduled must be empowered to establish Education boards, colleges and university etc in the scheduled area.

d)           The schedule area should also be allowed to maintain general law and order or the area in conformity with the customary laws. They should be given power to control and establish police and judiciary system for the scheduled area.

e)           The scheduled area should be given power to run radio broadcasting, TV telecasting etc in the schedule area.

18.11       There is urgent need for the review of the sixth schedule specially the functioning of the autonomous councils in respect to its autonomy vis-à-vis relation with the state. The scheduled area should not be autonomous in name only it should be autonomous in functioning also. it is fact that there is no democratic set up in autonomous council below the district level, which have handicapped the independent functioning of the such autonomous body. Recently there has been cases in Tripura where the village committees were constituted under the sixth schedule rule, but the village committees were put under the block development officers and under the panchayet minister of state instead of the under the ADC under the sixth schedule. Such devolution of power is nothing but eye wash only and mockery of the constitutional provisions under the sixth schedule.

18.12 c) Timely devolution of funds:

a)       This is one of the major issue why the state government and the Councils are always in confrontation. It is alleged that either funds are not timely released or inadequate funs is released for the scheduled area. Now a days talks are even going on to release the central funds directly to the blocks/districts by passing the state government, then there is no reason why central funds can not be released directly to the elected representative of the scheduled area.  If for time being such policy can not be implemented then at least the funds should be released in time bound manner, a particular date must be fixed beyond which the central govt. should be approached to censure the state government.

19. The Regulatory and Protective Regime:

19.1 a)   There had been lots of effort to ban or abolish the selling of the liquor in the tribal area. But it had not be implemented rather it had ruined the traditional system, and distanced from our culture. The liquor consumption has not reduced in the tribal area rather increased. Now tribal people are forced to by foreign liquor in an exorbitant price, which in tern forced them to poverty. On the other hand money from the tribal hands is passing out side of ST area. It must be analyzed critically as which one of the above will be better. That is why it is proposed that the tribal are allowed to brew their liquor for their need as also may be allowed to brew commercially to sell in the tribal area and also in the non-tribal area. It will help to have economic sustenance among the poor tribal women, widows, and deserted women etc. who do not have other means of livelihood. Other wise this practice is going on illegally, for which the tribal women are harassed, exploited by the state police, had to bribe them and other authority. Permission of such brewing of traditional liquor can be given to a group of women or some women self help groups, proper system, for selling, and marketing out let can be established in the line of country liquor, or foreign liquor. The traditional brewing of tribal can even be patented for the use exclusively. It is well known fact that the non tribal of Tripura are brewing traditional tribal liquor and selling in the grey market openly.  Banning is nothing but denying the right to practice tribal traditional knowledge and make it profession and earn profit out of that.

b)           Regarding Rehabilitation and resettlement: It had been observed since the independence that whenever any internal or external displacement of people is needed to rehabilitate, they were done in the tribal area through out India. It not only changes the demographic pattern of the area it also invariable changes the social, economic, political and cultural affair of the tribal area. Any such rehabilitation should in no circumstance be done in any tribal area.

c)           Any transfer of property from Tribal to non tribal in any tribal area must be made null and void. So the registration should automatically be invalid.

d)           Regarding continuing of reservation to tribal- It has become the green pasture for getting any government or central job in ST quota among non-ST. There are lots of fake ST certificates being issued by all most all the state government. Such certificate can be availed by paying few thousand rupees only. This way many seats reserved for ST in higher study like the Engineering, medical, MBA etc. are taken away by the non-tribal in lieu of fake ST certificates. So many a times the reservation benefits are not reaching to the targeted people.

1)           So the issuing authority should be made accountable for the certificate issued by him and made him punishable if found guilty of issuing such certificate with out proper verification at any stage.

2)           Holding of such fake certificate must be made non bailable criminal offence in the line of possessing counterfeited notes. And person possessing such fake certificate be made punishable with imprisonment of not lees then five years and fine to the tune of rupees 10000 or above. The parents of holders of such fake ST certificate must also be made party to the criminal offence if the certificate is availed before the child became major.

3)           Getting Admission in any Govt or Govt. aided educational institution on the basis of fake ST certificates must also be made non bailable criminal offence and should be made punishable with imprisonment of not lees then seven years and fine to the tune of Rs. 50, thousand or above be imposed. The student admitted on fake the ST certificates should be expelled immediately at any stage and any qualification achieved on that basis be made null and void, and any registration had been done be canalled.  

4)           Availing any government job on the basis of the fake ST certificates should be made non bailable criminal offence and should be made punishable with imprisonment of not less then 10 years and with fine up to Rupees one lakh and above.  Should be terminated immediately from job and repay all the salary drawn, perks etc. with the interest.

e)           It is no denying fact that very few percentages of STs have been able to take the advantage the ST facilities under the constitution. It is also observed that those who could have caught the early birds are only reaping the harvests repeatedly. Now it is found that most of the ST seats for higher education, in the government jobs etc are being grabbed by the children of those ST who had already availed ST facility and who are living in the city or town by virtue of their posting in the city. They are studying in the English Medium schools, convent school, where as the true downtrodden, underprivileged ST from the villages, hills are not getting any benefit of the reservations. In such a tough competition the tribal from the actual tribal area left far behind. So there is no chance of ever uplifting the ST population for which the facility was introduced giving a level playing field. Keeping this back ground in mind it is suggested that some mechanism must be evolved to give the benefit of ST reservation to rural folks also. It is needless to mention that those who are putting the suggestion opinion etc to the government are all among from this class of ST, so most of the cases such classification may be rejected as it will hurt their interest. But I so propose to do that the STs can be classified in to two category viz; i) First rank ST: are those who do not fall into second rank category. ii) Second rank ST: are those the children whose either parents or both are first class government servant (either state or central) by their first Appointment, not by promotion i.e. Group-A gazetted, or doctors, or engineers, or judges,  professors, or similar ranks in the public sector under takings in their initial appointment. Economic criteria like for determining creamy layer for OBC should not be considered for determining in case of STs.

1)           Second rank ST i.e. children first class officers should not be considered for ST for the purpose of getting government ST quota in any professional colleges like engineer, doctor, judges, MBA etc. they should be considered if such ST seats are not filled by the first rank ST candidates. But in no case ST seats should be let unfulfilled.

2)           Those children Second rank ST should be considered for the employment in any government jobs under ST quota, only when suitable ST candidates from first rank are not then such ST seats be filled with second rank ST and no post of ST should be de-reserved in the pretext of not getting suitable candidate.

f)            There are lots of posts of ST category lying vacant in different states. These posts are not filled up in one pretext or other, where as there are thousands of unemployed ST youths wandering like vagabond, some of whom are motivated for the antisocial activities or terrorist or Naxal activities. Allegedly one of the reasons cited in case of Tripura is that fulfilling the ST vacant post will create communal disharmony and tension. Such silly ground is the reason how ST unemployed are denied their right. Release of funds from the center should be linked to filling up of ST vacant posts in the state and certificate/report of such issued by TAC/SCST.  It must strictly be implemented in all the states.

g)           In the line of national commission of scheduled tribes similarly state commission of scheduled tribe must be constituted in every state which have tribal population. The power should be same as to that of national but limiting to the state only.

h)           There are many posts advertised for employment in central government, autonomous body, public sector enterprise etc. But in most of the cases the number of post vacant showed for ST do not correspond to the percentage ear marked as per the constitution, some time it is not even half of the number that it should have been. It is not expected that there must have been some post already filled by ST. Even in fresh cases number of post for ST does not correspond to the percentages that should have been for ST. There fore it must be ensured that 8.5% of total posts in any government or any undertaking institutions that are declared be reserved for ST candidates.

i)            Special provision should be made in the line of filling up of backlogs like special recruitment drive to fill up proportionately in all the central government, public sector under taking, and autonomous bodies periodically till recommended percentage is achieved. If required some relaxation should be made in the criteria to fill the vacant ST posts. Similarly all the departments under the state government, all the undertaking, and autonomous body should be directed to fill all the post proportionate to ST population in the respective states.

j)            National commission of ST or some advisory committee should be formed to supervise and scrutinize filling up of ST backlogs and all the authority should be asked to take the recommendation of such body before advertising for filling up of vacant post of government departments.  Similar steps must also be adopted in the states.

20. Scheduling and De-scheduling of tribes:

20.3 Before including afresh to any group of people in ST category through and intensive study of group should be done by designated group of STs only. And it should be placed before the national commission of ST for consideration, and then only it should be included in ST category. It should be done in rarest of the condition only.

20.4       If the criteria formulated previously are becoming less relevant to day to determine and classify as ST, then new commission should be constituted to formulate new criteria to determine who could be classified as ST.

20.5       Sub categorization among the ST and sub classification within the ST in relation to their individual advancement must be made, as have been already made as first rank ST and second rank ST etc. or by any other method that is accepted by experts groups. Similarly the sub categorization like advanced ST and less advanced ST or plain tribes and hill tribes etc. must be done. The standard and percentage for them should be different for selection in any government job or higher educational seats.

20.6 De-scheduling:

a)           There is definitely a remarkable, distinct and quantifiable progress made by some ST community. For example the Meena tribes have made excellent progress among the ST, which is commendable. If we see some of the records and data in central and state government of Rajasthan, Delhi it would be seen that most of the ST posts are occupied by the Meena Tribes, whether it is in IAS, IPS, Medical colleges, IITs, other engineering colleges etc. It would be surprising to note that in some of the competitive examination conducted by central government for recruitment more than 50% of the successful candidates belong to Meena tribes, like SSC exams etc. So de-scheduling of such tribes from the ST category must be seriously considered if proper and greater social justice is to be given to the real underprivileged section of the society.

21. Research and Training:

21.1       The survival of tribal culture, customs, heritages, practices, their way of life, languages are on the verge of extinction. If proper attention is not given then all the special characteristic of tribal will be wiped out from India in the span of another 50 to 100 years. There is a rapid changes taking place around the world because of effect of globalization, liberalization and commercialization of the world. Only the culture with deep rooted will be able to sustain the onslaught of the present globalization storm. In such scenario it is the tribal culture which is at highest risk of extinction, like the endangered species. The pace of changing is fastest in the modern times then ever before, thing which took thousands of year to change are now changing in just few years. On the centre of tribalism is their religious practice, around which surrounds the culture, custom, practices, faiths, way of life and all other aliments of tribal life. It has been observed that different religious groups are mission to converts tribal to other faiths which are alien to them, their culture, to the nation as such. It not only changes the faith of tribal people it also changes the soul and philosophy of tribal. It will be like changing engine and chassis of car. Such religious mission are desperate to changes the faiths of the tribal, many a times they are lured, eloped, fraud, deceived, blackmailed, cheated, misguided, bought by few thousand rupees, and converted to other faith. This must be stopped at any cost. Any such mission operating in the tribal are should take the valid permission prom the respective authority. Though it is agreed that to practice religion is ones fundamental right, he can do it at his free will but to change faith under coercion or by the above means is nothing but a punishable crimes, should accordingly be punished when dealing with tribal.

21.3       Customary Law: by doing research on tribal culture, customary law, etc. will not help in preserving the tribal way of life. Such research will definitely fill the book rack of library and museum and pockets of research fellow but not the tribal culture. To save the customs of tribal the customary law must be made applicable to the respective tribes as personal law, like the Muslim personal law, and then only it will really help in preserving tribal culture and diversity of India’s cultural ethos.

21.4       Keeping the tribal museum will be helpful only in little extent. The tribal culture must be incorporated in the school curriculum of the respective state as chapter in the social science, also in the NCERT books it will help to understand the non-ST student about the tribal way of life and cement strong bonding between ST and non-ST students in the state as well as in the nation.

24. Miscellaneous:

24.1        Children born to ST mother with non-ST father: It was published in the times of India dated 04/06/06 that ministry of HRD was finalizing a blueprint for granting the ST facility to those children born out of ST mother and non-ST father. This type of misadventure will be a great blow to the social justice given to ST people. And have a great repercussion and far reaching adverse consequences on the quota policy. The women who go to marry a non-ST man can not claim ST for her children, which is her personal choice. As such how a child brought up in a Brahmin family, baniya family or such upper class family can be equated with those born in the lowest strata of society? Such children does not suffer from any social handicap or disadvantages, who does not live in the tribal way of life can be given ST facility just because their mother is ST. the supreme court in all the instances had repeatedly denied giving ST facility ot such children. So any precarious attempt to dilute the reservation policy of ST must be nipped in the bud.

24.2 Husband of ST:      There are many government contracts reserved for ST only, some time in the tribal area, in the state, or in the central departments. Most of such contracts are grabbed by the husband of the ST women, where as the contract is in the name of ST wife where as non-ST person control whole of the business affair from money to profits, the women being only signing authority only. This way most of the contracts earmarked for ST are snatched by non-ST and ignorant poor tribal are left to lark. This practice must be stopped by any means if required by suitable amendments of constitution.

24.3 ST in Delhi:           It is stated that in the 2001 census that there is no ST in Delhi, which is nothing but true lies. In fact number of ST will be more than three lakhs. They are in the form of central government servants, state government servants, domestic servants, labourer in unorganized sector, students, politicians, etc. but there is no provision to get the ST certificate from Delhi. Where as Delhi government demands for ST certificate issued by Delhi government only for ST quota in Delhi governments jobs. Such is the paradox of government polity. Delhi being he national capital of India people from all over the India has the right to live in the capital city, so also the tribal people. But for getting ST certificate they have to go their respective state and produce fake domiciliary certificate to get ST certificate from the state. To built a composite culture and cosmopolitan nature of Delhi, and equality of right to live in the national capital city all the ST of India must be recognized by the Delhi government and certificates be issued from Delhi, this will alleviate the sense of alienation of the tribal people while living in Delhi.