Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - India (Ratification: 1958)

1. The Committee notes the Government's reports, and the attached documentation.

2. Article 1 of the Convention. The Committee notes with interest that on 13 October 1993 the Government created an Advisory Committee to review the lists of Scheduled Castes and Scheduled Tribes with a view to their revision and/or modification. In this connection, it recalls its concern, expressed over a number of years, regarding the approximately 6 million tribal people who had been excluded from the Scheduled Lists, and therefore cannot participate in the development programmes designed specifically for tribal people, and hopes the Advisory Committee will take this into account. The Committee requests the Government to provide information in its next report of the work of the Advisory Committee, including copies of its reports and any measures taken or contemplated as a result.

3. Articles 2 and 27. The Committee notes that Parliament discussed the 28th and 29th reports, with recommendations, of the Commissioner for Scheduled Castes and Scheduled Tribes, during the course of 1994-95. It notes that the Government is considering the implementation of the suggestions and observations made by Parliament, and requests the Government to keep it informed of any measures taken as a result. In this connection, the Committee again requests the Government to provide information on an impact assessment of the Commissioner's activities on the protection and development of the tribal population of the country.

4. The Committee notes that the first report of the National Commission for Scheduled Castes and Scheduled Tribes (NCSCST) has been submitted to the Government, and that it will also be considered by Parliament. It requests the Government to provide a copy of the National Commission's report with its next report, and recalls that it would appreciate receiving copies of the reports on a regular basis with the Government's reports.

5. Article 5. The Committee notes that the 73rd Amendment to the Constitution reserving seats, and offices of the Chairperson, for Scheduled Tribes in the Panchayat Raj bodies (local administration) came into effect on 24 April 1993. It notes also that the legislation of states and union territories where this is applicable has been amended accordingly. The Committee requests the Government to provide information on the implementation of this legislative provision, including the number of persons belonging to the Scheduled Tribes represented at the Panchayat level with its next report.

6. With reference to the Tribes Advisory Councils (TACs), the Committee notes that guidelines have been issued to the state governments to convene meetings of the Councils regularly, and to take into consideration any recommendations they may make. It requests the Government to provide information on the number of TACs which have been convened, and on any measures taken as a result of their recommendations, in particular with respect to the TACs which are already functioning in 11 states.

7. Article 6. The Committee notes the various programmes, including forest protection and conservation, plantation, farm forestry and agro-forestry schemes, to develop and expand the existing forest resources which are funded through centrally sponsored schemes and state plan allocations. It notes that as a result the country's forest area has increased by 582 sq. kms during 1987-91. The Committee requests the Government to keep it informed of any further developments in this regard, including information on the involvement of tribal people.

8. The Committee notes with interest the efforts of the Ministry of Environment and Forests to involve the tribal communities in the regeneration of forests in accordance to the directives of the National Forest Policy, 1988. In particular, it notes that an interministerial committee on issues related to tribal people and forests has recommended that the village communities and voluntary agencies be involved in any afforestation schemes, and that the Ministry of Environment and Forests has issued this as a guideline to the state governments. In this respect, the Committee notes with interest the centrally sponsored scheme entitled "Association of Scheduled Tribes and Rural Poor in the Regeneration of Degraded Forests on Usufruct Sharing Basis", launched during 1992-93 to improve the bio-mass resource base in degraded forests. It requests the Government to provide information on the implementation of the usufruct-sharing scheme, whether it is still in operation, and the number of tribal communities which have benefited from this programme. Please also continue to provide information on the measures taken or contemplated by the Ministry of Environment and Forests to increase the participation of the tribal population in afforestation, regeneration and conservation schemes and programmes. The Committee also notes information indicating that there is a draft law on the conservation of forests and eco-systems to replace the India Forest Act of 1927, and requests the Government to keep it informed of whether it is adopted.

9. The Committee notes that the Government has approved in principle a project for mining of iron ore within 404 hectares of forest land in Noamundi village, Singhbum district, Bihar, by the Tata Iron and Steel Company (TISCO) under the provisions of the Forest (Conservation) Act, 1980. It notes that final approval will be issued by the Government on the fulfilment of certain conditions. The Committee requests the Government to keep it informed of further developments in this regard, and to provide information on any measures taken or contemplated to mitigate the difficulties faced by the affected tribal population as a result of TISCO's activities, in particular its impact on their traditional economic activities. Please also provide information on the final outcome of the legal proceedings instituted by the State Forest Department against TISCO in the Ranchi High Court.

10. Article 9. The Committee notes the information in the report regarding the reports of bonded labourers in 12 states, many of which have a large number of tribal populations, and the information regarding the rehabilitation of bonded labourers, in particular the special component plan for Scheduled Castes and Scheduled Tribes. It refers to its comments under the Forced Labour Convention (No. 29) made at its February-March 1995 Session.

11. Articles 11 to 14. The Committee notes the information provided regarding the updating of land records and requests the Government to keep it informed in this regard.

12. The Committee notes that the survey for the prevention of alienation of tribal land by the Ministry of Rural Development has been carried out, and that as a result of the survey a number of recommendations were made, a copy of which was provided with the Government's report. It notes in particular the recommendation to formulate detailed rules and guidelines to prevent the alienation of tribal land within the framework of existing national legislation, and the recommendation to examine and modify any procedures of survey, settlement and land records which are detrimental to tribal interests. The Committee requests the Government to provide information on any measures taken or contemplated on the basis of these recommendations.

13. The Committee notes that there are presently 2,646 LAMPS (Large Sized Agricultural Multi-Purpose Cooperative Societies) providing credit, marketing and agricultural assistance to tribal communities, and requests further information on the work of the LAMPS including the number of tribal people who have benefited from these facilities. It recalls that 16 states/union territories had taken legal and administrative measures regulating money lending and providing debt relief to the tribal population, and requests the Government to provide further information on any measures taken or contemplated to expand these measures to other states with tribal populations, as the present report is silent on this matter.

14. With reference to the displacement of tribal people by the Sardar Sarovar project the Committee refers to its observation. It notes that some of the states have their own policies on resettlement and rehabilitation, and recalls that the Government was considering a National Policy on Rehabilitation. In this respect the Committee notes that the Ministry of Rural Development is engaged in a consultation process regarding a draft policy on rehabilitation, and that a draft law to provide the implementing framework is also envisaged. The Committee requests the Government to keep it informed in this regard. In this connection, it notes that it has received information regarding a proposal to expand an army test-firing range in the Netrahat area, which it is said will displace thousands of tribal people in Bihar. The Committee asks the Government for its comments on this matter.

15. Article 15. The Committee notes the information in the report regarding the measures taken to implement the reservation of 27 per cent of posts in public service employment for "other backward classes", including the establishment of a national commission to examine applications for inclusion within this category. It requests the Government for any measures taken or contemplated to include those tribal communities who are not included in the Scheduled Lists within this category.

16. The Committee recalls its previous comments on the considerable problem of exploitation of tribal migrant workers by labour contractors, including non-payment of wages, deductions from wages on various grounds, inferior working conditions, and the sexual exploitation of women. In this context the Committee notes the information regarding the "Jawahar Rozgar Yojana" programme, in particular the 1993-94 innovative scheme aimed at preventing migration of labour and enhancing women's employment. It requests the Government to keep it informed of measures taken or contemplated to overcome this problem, and for information on the practical implementation of this programme, including how many persons have been involved in this project.

17. Article 20. The Committee notes the information regarding the "Health for All by the Year 2000" programme provided with the report. It requests the Government to keep it informed of further progress in this field.

18. With reference to the cases brought in various high courts against the decision to replace male health guides by female workers, the Committee notes that male health guides continue to serve on a voluntary basis in some states/union territories. Noting that the final decision of the court case remains pending, the Committee requests the Government to provide information in its next report on the outcome of the question.

19. The Committee notes that 87.40 per cent of the Scheduled Tribes have been provided with potable drinking-water and requests the Government to continue providing information in this respect in future reports, including measures to provide safe drinking-water to tribal communities not included in the list of Scheduled Tribes.

20. Articles 21 to 24. The Committee notes the information regarding the educational facilities provided to tribal communities, including women and children. It requests the Government to continue to provide information on the progress achieved in promoting literacy among the tribal people.