Statutory Institutions - 2 | PSIR Optional for UPSC (Notes) PDF Download

Introduction

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is a comprehensive law that aims to prevent the commission of offences against members of Scheduled Castes (SC) and Scheduled Tribes (ST) and establishes special courts for the trial of such offences, as well as providing for the rehabilitation of the victims.

• The Act specifically defines atrocities as acts that involve forcing an individual to consume or ingest something offensive, parading an individual naked, sexually assaulting a woman, or forcing someone to leave their house or village. These acts are considered atrocities only when they are committed by a non-SC/ST member against an individual belonging to the SC/ST community.
• Offences registered under this Act are cognisable, meaning that the police do not require a warrant to arrest the accused person. Furthermore, these offences are non-bailable, and bail can be denied to the accused. The punishment prescribed under the Act ranges from a minimum of six months to five years of imprisonment.
• The Act also holds public officials accountable for upholding and implementing its provisions. If a public official fails to do so or neglects their duty, they can face punitive action, including a jail term of up to one year.
• Additionally, the Act emphasizes the responsibility of the state in ensuring the rehabilitation of victims who have suffered atrocities. This includes providing necessary support and assistance to help them recover and reintegrate into society.

The SC ST Prevention of Atrocities Act, 1989, serves as a crucial legal framework to protect the rights and dignity of individuals belonging to Scheduled Castes and Scheduled Tribes. It seeks to prevent and punish offences committed against these vulnerable communities and holds public officials accountable for upholding the law. Furthermore, the Act highlights the importance of rehabilitating victims and ensuring their well-being after suffering from such atrocities.

National Commission for Scheduled Castes (NCSC) & National Commission for Scheduled Tribes (NCST)

Background
The National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST) were established by amending Article 338 and inserting a new Article 338(A) through the 89th Constitutional Amendment Act, 2003. This amendment replaced the erstwhile office for SC & ST with two separate commissions. Originally, Article 338 provided for special officers for SCs and STs to protect their interests and evaluate their progress in the country. In 1988, the Union Government initiated the 65th Constitutional Amendment Act after finding that the institutional support was insufficient. In 1990, the National Commission for SC and ST was established as a constitutionally approved institution to protect the interests of SCs & STs. In 2003, the 89th Constitutional Amendment Act replaced the National Commission for SC and ST with two separate commissions: Article 338 established NCSC, and Article 338(A) established NCST.

Composition
Both the NCSC and NCST consist of a Chairperson, Vice Chairperson, and three full-time members, including one woman member.

Functions of NCSC and NCST

• Investigate and Monitor: Both commissions are responsible for investigating and monitoring all matters related to the safeguards provided for Scheduled Castes/Tribes under the Constitution, any other law, or government orders, as well as evaluating the working of such safeguards.
• Inquire into Specific Complaints: They are also tasked with inquiring into specific complaints regarding the deprivation of rights and safeguards of Scheduled Castes/Tribes.
• Participation and Advice in Planning Process: The NCSC and NCST participate and advise on the planning process of socio-economic development for the Scheduled Castes/Tribes, as well as evaluate the progress of their development under the Union and any State.
• Annual and Special Reports: Both commissions are required to present annual reports and special reports, as deemed necessary, to the President regarding the working of the safeguards for Scheduled Castes/Tribes.
• Recommendations: The NCSC and NCST are also responsible for making recommendations in their reports on measures that should be taken by the Union or any State for the effective implementation of safeguards and other measures for the protection, welfare, and socio-economic development of Scheduled Castes/Tribes.
• Other Functions: Both commissions may also discharge other functions related to the protection, welfare, development, and advancement of Scheduled Castes/Tribes, as specified by the President, subject to the provisions of any law made by Parliament.

The National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST) were established to protect the interests and rights of Scheduled Castes and Tribes in India. They are responsible for monitoring the implementation of safeguards, inquiring into specific complaints, participating in the planning process of socio-economic development, presenting annual and special reports to the President, making recommendations, and carrying out other functions as specified by the President.

The Panchsheel Principles for Tribal Development

Pandit Jawaharlal Nehru, the first Prime Minister of India, formulated five guiding principles (Panchsheel) to address the development and welfare of tribal communities in India. These principles are aimed at preserving their cultural identity, ensuring their rights, and promoting their progress. The following are the Panchsheel Principles as proposed by Nehru in his article, "The Right to Tribal People," published in the Indian Journal of Social Work:

1. Develop according to their own genius: Tribal communities should be allowed to progress and evolve along the lines of their own unique cultural and traditional values, and the imposition of external values and norms should be avoided.
2. Respect for land and forest rights: The rights of tribal people in relation to land and forest resources should be acknowledged and protected, ensuring their access to these resources and their participation in decision-making processes.
3. Training in administration and development: Tribal individuals should be provided with the necessary training and skills to participate effectively in the administration and development processes of their communities and regions.
4. Avoid over-administration and multiplicity of schemes: Tribal areas should not be burdened with excessive administrative control or a plethora of developmental schemes. Instead, a focused and coordinated approach should be adopted to address the unique challenges faced by tribal communities.
5. Focus on human character development: The success of developmental initiatives in tribal areas should not be measured solely by statistics or the amount of money spent but should also consider the impact on the overall development and well-being of the people.

Government Measures for Tribal Welfare

The Indian government has taken various measures to ensure the welfare and upliftment of the tribal population. These measures can be broadly categorized into constitutional safeguards, social safeguards, economic safeguards, political safeguards, and safeguards under statutory laws.

(i) Constitutional Safeguards for Scheduled Tribes (STs)
The Indian Constitution provides specific provisions for the protection and promotion of the interests of STs. Some important provisions are:

• Educational and Cultural Safeguards: Articles 15(4), 23, 29, 46, and 350 ensure the protection of the educational and cultural interests of STs.
• Social Safeguards: Article 24 prohibits the employment of children in hazardous work, ensuring the protection of children below the age of 14 years.
• Economic Safeguards: Article 244 and Schedules V and VI of the Constitution provide for the administration and control of scheduled areas and tribal areas, ensuring the protection of the economic interests of STs.
• Political Safeguards: Articles 164, 337, 334, 243, and 330 provide for the representation of STs in the legislative and administrative bodies, ensuring their participation in the political process.

(ii) Social Safeguards
The government has taken various measures to ensure the social welfare of the tribal population. These include the prohibition of child labor, bonded labor, and human trafficking.

(iii) Economic Safeguards
The government has taken steps to protect the economic interests of the tribal population. This includes the administration and control of scheduled areas and tribal areas, along with the implementation of various schemes and programs aimed at the economic development of STs.

(iv) Political Safeguards
The Constitution provides for the representation of STs in legislative and administrative bodies, ensuring their participation in the political process. This includes reservation of seats in the Parliament and state legislative assemblies, as well as provisions for special representation in specific states like Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.

(v) Safeguards under Statutory Laws
The government has enacted various laws to protect the rights and interests of the tribal population. These include:

• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This Act aims to prevent and punish atrocities against members of the SCs and STs.
• The Bonded Labour System (Abolition) Act, 1976: This Act aims to eradicate the bonded labor system, which primarily affects the tribal population.
• The Child Labour (Prohibition and Regulation) Act, 1986: This Act prohibits the employment of children in hazardous work, thus protecting the interests of tribal children.
• The Panchayats (Extension to Scheduled Areas) Act (PESA), 1996: This Act extends the provisions of the Panchayati Raj system to the scheduled areas, ensuring the participation of STs in local governance.
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: This Act recognizes the rights of STs and other traditional forest dwellers over forest resources and ensures their participation in the conservation and management of forests.
• The Forest (Conservation) Act, 1980: This Act aims to conserve forests and wildlife, while also considering the rights and interests of the tribal population.

In conclusion, the government has taken various measures to ensure the welfare and upliftment of the tribal population in India. These measures include constitutional safeguards, social, economic, and political safeguards, as well as safeguards under statutory laws. While significant progress has been made, there is still much work to be done to ensure the overall development and empowerment of the tribal population in India.

PESA Act 1996

The Panchayat Extension to Scheduled Areas (PESA) Act of 1996 was introduced to institutionalize the Panchayati Raj (PR) system in tribal areas listed under Schedule 5 of the Indian Constitution. This became crucial due to the amendments made by the 73rd and 74th Amendment Acts, which aimed to strengthen the local self-governance at the village level.

The key provisions of the PESA Act are as follows:

• The state legislation must be in conformity with the customary law, social and religious practices, and traditional methods of dispute resolution in the Scheduled Areas. This ensures that the local governance system respects and upholds the unique cultural identity and values of the tribal communities.
• The Act emphasizes the importance of hamlet-level villages and Gram Sabhas (village assemblies) in the decision-making process. This empowers the local communities to have a say in the governance of their areas.
• Gram Sabhas are entrusted with the responsibility of safeguarding and preserving the customs, cultural identity, community resources, and customary modes of dispute resolution of the tribal people. This provision ensures that the traditions and practices of the tribal communities are protected and promoted.
• The Gram Sabhas have been given the authority to approve plans and projects, as well as to select beneficiaries for various government schemes. This ensures that the development initiatives are in line with the needs and priorities of the local communities.
• The Act grants ownership of minor forest produce to the Gram Sabhas, thereby giving the tribal communities control over their natural resources and promoting sustainable livelihoods.

PESA Act 1996 aims to empower the tribal communities by institutionalizing the Panchayati Raj system in Scheduled Areas, while also ensuring that their unique customs, traditions, and resources are protected and preserved. This is important from a UPSC exam perspective, as it highlights the government's efforts to promote inclusive and participatory governance, especially for marginalized and vulnerable sections of the society.

Forest Rights Act 2006

The Forest Rights Act of 2006, under Section 31, provides various rights for tribal people and forest dwellers. These rights can be categorized as follows:

• Land Title Rights: Individuals who have been residing in a forest area for at least 75 years or three generations can be granted a maximum of 4 hectares of land. This provision is not applicable to migrant tribes. The ownership is limited to the land that was being cultivated by the concerned family as of December 13, 2005. No new land can be created from the forest by tribal people for three generations (75 years).
• Use Rights: This includes both individual and community rights to use the forest resources. The rights pertain to the collection of minor forest produce, access to grazing routes, and pastoral areas.
• Relief and Development Rights: These rights ensure that forest dwellers are provided with relief and development opportunities. However, these rights do not include the provision of relief or development assistance.
• Forest Management Rights: Tribal communities have the right to manage and protect the forest, including sacred groves such as the Niyamgiri Hills. This allows them to maintain their traditional practices and contribute to the conservation of the environment.
• Relief and Rehabilitation: In cases where forest dwellers have faced illegal eviction or displacement in the past, they are entitled to relief and rehabilitation. They also have a right to basic amenities, but these provisions are subject to restrictions in order to protect the forest and wildlife.

Issues with FRA

• Exclusion errors because of distress migration.
• While individual rights are insured, community rights are deprived by categorising it as a degraded land which is US into exploitation Jal, Jungle, Jameen (water, forest, land).
• Denial of development rights, rehabilitation program and delays in relief.

Recommendation by Virginius Xaxa

• Increase the powers of gram sabha in case of land acquisition
• Power of mining rights to be given to tribal cooperative
• Acquired but unused land can be used for tribal rehabilitation
• No provisions for big dams to be made.
• Judicial commission should be set up for Naxal offences

SC ST Prevention of Atrocities Act 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is a vital piece of legislation aimed at protecting the rights of Scheduled Castes (SC) and Scheduled Tribes (ST) members in India. It criminalizes various acts of discrimination, humiliation, and violence against these communities and sets up special courts to ensure prompt and effective justice for the victims.

• The Act specifically defines 'atrocities' as acts such as forcing an individual to consume an offensive substance, parading someone naked, sexually assaulting a woman, or forcing a person to leave their home or village. Importantly, these acts are considered atrocities only when committed by a non-SC/ST individual against an SC/ST person.
• Offenses registered under this Act are cognizable, meaning that the police can arrest the accused without a warrant. Furthermore, the offenses are non-bailable, and the accused can be denied bail. The penalties for these offenses range from a minimum of 6 months to a maximum of 5 years in prison.
• The Act also holds public officials accountable for their actions. If a public official fails to uphold the Act or neglects its implementation, they can face punitive action, including a jail term of up to 1 year. This provision highlights the importance of ensuring that those in positions of authority do not perpetuate the discrimination and violence that the Act seeks to curb.

Lastly, the Act emphasizes the responsibility of the state in rehabilitating victims of such atrocities. This includes providing support services, ensuring access to education and employment opportunities, and promoting social integration.

NCW: National Commission for Women

The National Commission for Women (NCW) was established under the National Commission for Women Act 1990 in response to the re-emerging women's movement in India. The NCW aims to protect and empower women by reviewing their development, studying the reasons for their deprived status, taking up cases of constitutional rights violations, and participating in socio-economic development planning for women. However, the NCW has faced several shortcomings and criticisms, including deviation from its goals, politicization, and conflicts with other institutions.

Key Points

1. Background and establishment of NCW

• International Women's Year in 1974-75
• World conference of the international women’s year in Mexico City in 1975
• 'Towards Equality Report' by the committee on the status of women in India in 1974
• Formation of NCW under the National Commission for Women Act 1990

2. Constitutional provisions for women

• Art 39 – equal pay for work
• Art 41
• Art 47

3. Functions of NCW

• Review women's development under the union or state government
• Study reasons for deprived status of women and suggest remedial actions
• Take up cases of constitutional rights violations
• Participate in socio-economic development planning for women

4. Powers of the commission

• Civil court powers in examining matters, summoning, and enforcing attendance
• Requiring discovery or production of documents, receiving evidence on affidavits
• Requisitioning public records from any court or office
• Any other prescribed matter

5. Shortcomings and criticisms of NCW

• Deviation from goals under NPW 2001
• Politicized nature and pro-government stance in certain cases
• Limited scope and influence depending on the chairperson
• Conflicts between chairperson and member secretary, and with the Ministry of Women and Child Development

6. Achievements of the commission

• Securing the release of women allegedly gang-raped by BSF personnel in 2002
• Recommending modifications and proposing new bills through the 'Legal cell'
• Proposing and passing the Domestic Violence Against Women bill

7. Recommendations for improvement

• Recognize NCW as a commission for women, not of women
• Ensure independent composition and funds from the government
• Make recommendations mandatory
• Hold consultative mechanisms with other sections of society, including NGOs and civil society
• Appoint a chairperson with high repute and free from political interference

NHRC: National Human Rights Commission

Introduction to Human Rights
The concept of human rights has evolved over time, with early theories like Locke's natural rights focusing on the right to life, liberty, and property. In 1993, the Indian government passed the Protection of Human Rights Act, which defined human rights more broadly, including both domestic and international legal rights. The NHRC was formed to advise the government on policies, monitor allegations of human rights violations, and maintain independence and autonomy.

State of Human Rights in India

1. Issues related to women and children: High levels of domestic violence, non-criminalization of marital rape, and reported cases of violence against children are significant concerns.
2. Police torture and ill-treatment of prisoners: Increased number of deaths in custody and lack of ratification of the UN Convention against Torture highlight issues with the treatment of prisoners.
3. Extra-Judicial killings or fake encounters: Allegations of extrajudicial killings by state forces have surfaced in various states.
4. Rights of Indigenous communities: State policies or policing actions have violated the rights of indigenous communities, such as the displacement of families due to the construction of the Sardar Sarovar dam.
5. Refugees: India's open refugee policy has allowed entry to refugees from various countries, but concerns have arisen regarding the potential deportation of 40,000 Rohingyas. India has also not signed the UN Refugee Convention of 1951.

Functions of NHRC

• Inspect state prisons and institutions where prisoners are confined.
• Advise on key legislation and its human rights implications.
• Engage in human rights education.
• Review and proactively inquire into allegations of human rights violations.

Issues related to NHRC

• Autonomy: NHRC's dependence on the law ministry for administrative and financial requirements.
• Time limit: The commission cannot inquire into matters after one year from the incident, which has been criticized as too short.
• Non-binding advice: NHRC's recommendations are not binding, and can be neglected by state agencies.
• Overlapping jurisdictions: The overlapping nature of NHRC and other agencies can make it difficult for victims to obtain grievance redressal.

NHRC Amendment Bill 2018

• Widen the pool of candidates for NHRC chief by considering ex-SC judges.
• Similar amendment at the state level, making all ex-HC judges eligible for appointment.
• Reduce the term of NHRC chief from 5 to 3 years.
• Increase representation by including more individuals with human rights affairs experience and adding ex-officio members from NCPCR and the Commissioner for Disabilities.

Achievements of NHRC

• Chakma refugees: NHRC's recommendation against deportation led to the state withdrawing from considering deportation.
• TADA and POTA Act: NHRC's recommendations contributed to the Supreme Court striking down these acts as unconstitutional.
• 2002 Gujarat riots: NHRC recommended the transfer of cases to other states, ensuring a fair trial for riot victims.

National Commission for Minorities (NCM)

• The National Commission for Minorities (NCM) is a body in India that aims to protect the rights and interests of minority communities in the country. The term "minorities" refers to non-dominant groups in the population who wish to preserve their ethnic, religious, or linguistic traditions and are distinct from the rest of the population.
• In India, Muslims, Sikhs, Christians, Parsis, Buddhists, and Jains are recognized as minorities. The NCM was established by the Ministry of Home Affairs in 1978 to address feelings of insecurity and inequality among minority communities. The NCM Act of 1992 further outlines the functions and powers of the Commission.
• Functions of the NCM include evaluating the progress and development of minorities, monitoring the working of constitutional safeguards, attending to specific complaints regarding deprivation of rights, conducting studies and research on minority issues, and addressing any other matters referred by the central government.
• Despite its mandate, the NCM faces several challenges and limitations. For example, it lacks constitutional status and the power to investigate safeguard violations. Additionally, there is no mandatory consultation with the Commission on minority development matters, and the Commission's membership is often politically influenced.

To address these concerns, it has been suggested that the NCM be given constitutional status, the power to investigate and inquire into complaints, and a more significant role in shaping government policies for minority communities. Moreover, efforts should be made to improve e-governance and digital connectivity for minority institutions, promote communal harmony, and ensure equitable access to opportunities in education, employment, and healthcare.

National Commission for Backward Classes (NCBC)

The National Commission for Backward Classes (NCBC) is a constitutional body established under Article 338B of the Indian Constitution through the Constitution (One Hundred and Second Amendment) Act, 2018. Initially, the NCBC was constituted by the National Commission for Backward Classes Act, 1993, but it was later given constitutional status to strengthen its role and functioning.

• The main purpose of the NCBC is to address the concerns and issues of socially and educationally backward classes in India. The Commission is responsible for safeguarding the rights and interests of these communities, promoting their welfare, and ensuring that they have equal opportunities for social and economic development.
• The NCBC is composed of five members, including a Chairperson, a Vice-Chairperson, and three other members. These individuals are appointed by the President of India and represent various fields, such as social work, law, education, and public administration.

Article 338(B) lists the functions of NCBC

Article 338(B) outlines the roles and responsibilities of the National Commission for Backward Classes (NCBC) in relation to the Socially and Educationally backward classes in India. The primary functions of NCBC include:

• Investigating and monitoring all matters related to the safeguards provided for the Socially and Educationally backward classes under the Constitution, any other existing laws, or any government orders, and assessing the effectiveness of these safeguards.
• Examining specific complaints regarding the deprivation of rights and safeguards for the Socially and Educationally backward classes, ensuring their protection and welfare.
• Actively participating and providing advice on the planning process for the socio-economic development of the Socially and Educationally backward classes, as well as evaluating their progress under both the Union and State governments.
• Submitting reports to the President on an annual basis or as deemed necessary by the Commission, detailing the functioning of the safeguards in place for the Socially and Educationally backward classes.
• Recommending measures to be taken by the Union or State governments in these reports, for the effective implementation of safeguards and other initiatives aimed at protecting, promoting welfare, and socio-economic development of the Socially and Educationally backward classes.
• Undertaking any additional functions related to the protection, welfare, development, and advancement of the Socially and Educationally backward classes, as specified by the President, in accordance with any laws enacted by Parliament.

Conclusion