The National Commission for Scheduled Tribes (NCST) celebrated its 22nd Foundation Day on 19th February 2025, emphasizing its role in protecting the rights and welfare of Scheduled Tribes (STs) in India.
Origin and Evolution
- Initially, a statutory National Commission for Scheduled Castes (SCs) and Scheduled Tribes (STs) was established in 1992.
- Later, to address the distinct needs of STs, the NCST was established on 19th February 2004 through the 89th Constitutional Amendment Act.
- This amendment modified Article 338 and introduced Article 338A, which created a separate commission for STs.
Composition and Tenure
- Structure: The NCST consists of:
- Chairperson (Cabinet Minister rank)
- Vice-Chairperson (Minister of State rank)
- Three Members (Secretary rank)
- At least one Member must be a woman.
- Tenure & Reappointments:
- The term of office for all members is three years.
- A member can be reappointed for a maximum of two terms.
Key Functions (Under Article 338A(5))
- Monitoring constitutional safeguards for STs and addressing tribal rights issues.
- Advising the government on socio-economic development policies for STs.
- Reporting to the President on tribal welfare issues and suggesting improvements.
- Recommending land ownership rights for tribals (as per the Forest Rights Act, 2006).
- Advocating for the implementation of the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA).
- Seeking solutions to reduce shifting cultivation and promote sustainable livelihoods.
Challenges Faced by NCST
1. Administrative and Financial Constraints
- NCST operates under the Ministry of Tribal Affairs, lacking financial and operational autonomy.
- Article 338A(9) mandates that the Union and State Governments consult NCST on policies affecting STs.
- However, many states fail to seek its input, leading to ineffective tribal welfare policies.
2. Manpower Shortages
- Despite reviewing tribal welfare schemes, the NCST has limited staff and faces coordination issues.
- Key positions, such as Chairperson and Members, remain vacant for extended periods.
- Delayed case resolutions weaken public trust in NCST’s effectiveness.
3. Weak Enforcement Powers
- NCST recommendations are not binding, reducing its ability to protect ST rights.
- Although it receives complaints on atrocities, land alienation, and reservation denials, it cannot enforce its directives.
- This limits accountability among government agencies.
4. Lack of Awareness and Outreach
- Many tribals are unaware of their rights and the existence of NCST.
- NCST lacks grassroots presence, limiting its effectiveness in addressing community concerns.
Way Forward
1. Strengthening Legal Mandate
- NCST should be empowered to impose penalties, similar to the Central Information Commission under the Right to Information Act, 2005.
2. Capacity Building
- Separate cadre for NCST personnel should be created to address staffing shortages and ensure smooth operations.
3. Mandatory Consultation on Policies
- The government should ensure strict compliance with Article 338A(9), making it compulsory for ministries and states to consult NCST on all ST-related policies.
4. Grievance Redressal Mechanism
- NCST should establish a dedicated grievance redressal cell to monitor and follow up on cases of violence, displacement, and human rights violations against STs.
The NCST plays a crucial role in ensuring justice and welfare for Scheduled Tribes. However, its effectiveness is hindered by administrative, financial, and enforcement limitations. Strengthening its legal powers, manpower, and outreach can enhance its ability to protect tribal rights and promote inclusive development.
