NHRC seeks reply from Centre on some tribal groups not included in ST List

Acting on a petition filed by Supreme Court lawyer and noted human rights activist Radhakanta Tripathy, the NHRC sought the reply within four weeks.
National Human Rights Commission
National Human Rights Commission (File Photo | PTI)
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NEW DELHI: The National Human Rights Commission (NHRC) has issued a final reminder to the Secretary, Ministry of Tribal Affairs, and the Secretary, Ministry of Social Justice and Empowerment, Department of Social Justice and Empowerment to submit the requisite report on some PVTGs (Particularly Vulnerable Tribal Groups), not considered to be Scheduled Tribes (STs) to the Commission within four weeks.

Acting on a petition filed by Supreme Court lawyer and noted human rights activist Radhakanta Tripathy, the NHRC sought the reply within the specified time. Upon failing, the Commission will be constrained to issue a coercive process u/s 13 of PHR Act, 1993, calling for the personal appearance of the authority concerned.

Tripathy alleged that the concerned PVTGs are deprived of social justice and other entitlements even though they are considered as a special category of people who need protection. The plea further stated that Upper Caste People like Brahmins, Muslims, and Christians are included in ST list in certain areas in India, whereas the PVTGs are yet to be included in the ST list in six States.

“Delay in including the PVTGs in ST List amounts to derailment and miscarriage of justice. In the absence of ST certificate, the victims of atrocities are not covered under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and virtually deprive them of justice. They don’t get benefits under Education, Employment and other Affirmative actions like relaxations, incentives and scholarships. PVTGs are more vulnerable among the tribal groups,” Tripathy in his plea, contended.

He cited the examples of PVTGs those are not included in the ST List. The following is the list of his finding -

Andhra Pradesh – Tothi Community even if included in the list of PVTG but not included in the ST list.

  • Andaman – Great Andamanese - The Great Andamanese are an indigenous people of the Great Andaman archipelago in the Andaman Islands. The number of Great Andamanese can not be ascertained as there is apparent confusion by the Government as to who are Great Andamanese and Andamanese. "How both are different? The State fails to answer on the question," Tripathy alleged.

  • West Bengal – Totos - They are most exploited, neglected, and highly vulnerable to diseases with high degree of malnutrition, morbidity and mortality.

  • Manipur – Maram Naga - The Maram Naga, are inhabiting the large portion of Senapati district in the Northeast Indian state of Manipur.

  • Maharashtra – Maria Gond - The Madia Gond are a primitive tribe inhabiting the Dandakaranya forests in the Central Eastern part of Gadchiroli district of Maharashtra.

  • Madhya Pradesh – Hill Korba, The Hill Korbas are traditional hunters and warriors but due to the disappearance of forests and game they have now turned to agriculture and fishing. Abujh Maria in M.P. are considered as PVTG. Their condition of living is still under developed.

"The Recent amendment (February. 2024) addresses discrepancies in the treatment of certain tribes across different regions. PVTGs listed as STs gain access to reservation quotas in education, employment, and political representation. However, if they are not included in the ST List then they are deprieved of and denied the benefits meant for the STs," he alleged.

The inaction and failure of the Center in acting over the issue violates the fundamental, constitutional and basic human rights of the people from PVTG Communities who are yet to be included in the Scheduled Tribes Lists, the petitioner stated and requested the NHRC to intervene in the issues raised in his plea.

"A time bound follow-up by the NHRC will definitely address the issues, challenges faced by the PVTGs on top priority is the need of the hour," Tripathy said.

PVTG is a sub-classification of a Scheduled Tribe or section of a Scheduled Tribe that is considered more vulnerable than a regular Scheduled Tribe. The Indian Government created the PVTG list to improve their living.

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