Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. The Committee notes with interest the detailed report sent by the Government. It also notes with interest the detailed information sent in reply to the allegations of the Centre of Indian Trade Unions (CITU), especially with regard to employment discrimination against tribal people, particularly women.

2. Article 1 of the Convention. The Committee noted previously that the Advisory Committee created in 1993 to review the lists of scheduled castes and tribes was no longer in existence, and recalled that it had previously expressed concern about the approximately 6 million tribal people excluded from the lists of scheduled tribes. The Committee notes the Government's statement that the modalities for inclusion of various communities in the list of scheduled tribes are under consideration by the Government. The Committee expresses the hope that the Government will reach a decision on this question in the near future, and will inform it of the result.

3. Articles 2 and 27. The Committee notes with interest the detailed information provided on the measures taken with regard to three areas covered in the 28th and 29th reports of the Commissioner for Scheduled Castes and Scheduled Tribes. It requests the Government to keep it informed in future reports as concerns efforts to prevent atrocities against tribal peoples. It also notes the further information supplied on positive action for tribal people in employment and education. The Committee notes in particular the various measures for socio-economic development put into place and the results achieved.

4. The Committee noted previously that the report of the National Commission for Scheduled Castes and Scheduled Tribes (NCSCST) would be made available after passing the two houses of Parliament. The Committee notes with regret that this report has not yet been presented to Parliament. It urges the Government to provide a copy of the report after it has been discussed.

5. Article 5. The Committee had noted with interest the information regarding reservation of seats and offices of chairpersons for scheduled tribes in the Panchayats (local administration bodies) which have been implemented in all states and union territories where these provisions apply. The Committee had requested the Government to continue providing information on the implementation of these provisions through local elections whenever they are held, and requests it to communicate this information with its next report as it was not received with the present one.

6. The Committee had requested information on the number of Tribes Advisory Councils (TACs) which have been convened and on the implementation of any recommendations they may have made. The Committee had requested information on several occasions on any measures taken as a result of their recommendations. It notes that the Government is still awaiting information on the measures taken and hopes it will receive this information shortly.

7. Article 6. The Committee had taken note of information regarding the National Forest Policy (NFP), 1988, and requested information on the number of tribal communities which have benefitted from the programme of regeneration of degraded forest land on a usufruct-sharing basis, as well as on any measures contemplated to increase the participation of tribal populations in these programmes. The Committee also requested the Government to keep it informed on the adoption of draft legislation which would replace the India Forest Act of 1927. The Committee notes with interest that 3,675 families have benefited from the programme of regeneration of degraded forest land in six States, and that the draft legislation which would replace the India Forest Act of 1927 is under consideration and its adoption may take considerable time. The Committee requests the Government to keep it informed of any developments in this regard.

8. Articles 11 to 14. The Committee had requested the Government to keep it informed of developments regarding the final approval of the mining project and to provide information on any measures taken or contemplated to mitigate the difficulties faced by the affected tribal population in the Noamundi village, Singhbum district, Bihar, as a result of the Tata Iron and Steel Company (TISCO) activities, should this project go ahead, in particular with regard to its impact on their traditional economic activities. The Committee had noted also that final approval would be issued by the Government on the fulfilment of certain conditions and that the State Forest Department had lodged a legal procedure against TISCO.

9. The Committee notes with interest that the proposal was approved in 1992 with certain conditions which have not been fulfilled so far. The Committee also notes that the user agency, the State Forest Department, had not agreed to pay for the cost of non-forest land and the matter was taken to the High Court. The Government's report further indicates that temporary permission, pending final approval, has been granted to TISCO. The Committee once again requests information on any measures taken or contemplated to mitigate the difficulties faced by the affected tribal population in the Noamundi village, Singhbum district, Bihar, as a result of the TISCO activities which are now under way.

10. The Committee had noted in its previous request that there were 2,646 large sized agricultural multi-purpose cooperative societies (LAMPS) providing credit, marketing and agricultural assistance to tribal communities, and had requested further information on the work of the LAMPS, including the number of tribal people who have benefited from these facilities. The Government has stated again that the information is being collected and is not currently available. The Committee hopes to receive this information in the near future.

11. Articles 21 to 26. The Committee had noted the comments of the CITU to the effect that the literacy rate amongst the scheduled tribes was 16.35 per cent and that of women was 8.4 per cent, based on a 1981 census. The general drop-out rate has been stated recently as being 77 per cent. The CITU stated that this high rate of drop-outs, together with the scheduled castes drop-outs and other rural poor, account for the world's largest army of child labour. The Committee had requested the Government to provide further information on the progress achieved in providing educational opportunities and facilities to tribal people. It points out that one of the most effective methods to prevent, diminish and avoid child labour is through education, particularly through programmes adapted to the social and cultural needs of the communities concerned which may help to diminish the drop-out rates experienced in certain cases by the tribal people. The Committee had also requested the Government to supply recent statistics on the rate of enrolment, the average years of study and the drop-out rates of tribal populations covered by the programmes and campaigns mentioned in its report. The Committee notes with interest the information submitted by the Government indicating that efforts made in the field of socio-economic development have resulted in considerable improvement in the education conditions of scheduled castes and scheduled tribes. It notes that in the case of scheduled castes literacy rates increased from 21.3 per cent in 1981 to 37.4 per cent in 1991 and in the case of scheduled tribes, literacy rates have gone from 16.35 per cent in 1981 to 29.6 per cent in 1991. The percentage of scheduled tribes below the poverty line also declined from 53 per cent in 1983-84 to 44 per cent in 1987-88. The Committee requests the Government to keep it informed of any new statistics in this area.