Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Articles 2 and 5 of the Convention. Coordinated and systematic action. National tribal policy. In its previous comment, the Committee requested the Government to continue providing information on the progress made in the adoption of the national tribal policy, and to indicate how the collaboration of tribal populations was sought in the preparation of this policy. The Committee notes that, in its report, the Government indicates that a decision has yet to be made on the tribal policy, pending the receipt of comments by all ministries and state governments on the recommendations that have been formulated by the High-Level Committee mandated to analyse the socio-economic situation of the scheduled tribes. The Committee requests the Government to continue providing information on any developments concerning the elaboration and adoption of the national tribal policy and once again requests the Government to indicate how the collaboration of tribal populations is sought in the preparation of this policy. In the meantime, the Committee requests the Government to provide information on the measures taken by the Ministry of Tribal Affairs to ensure that the actions and programmes for the protection of the rights of tribal peoples are developed and implemented in a coordinated and effective manner with their involvement.

Article 2. Protection of the tribal populations. The Committee notes that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, was amended following the adoption of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act No. 1 of 2016. The Committee observes that the amendments aimed in particular at introducing new offences, establishing exclusive special courts and strengthening the rights of victims. The Committee requests the Government to provide information on the implementation of the Act, as well as on the measures taken to protect tribal peoples from acts of violence and raise awareness of their rights.

Articles 16 to 18. Vocational training, handicrafts and rural industries. In its previous comment, the Committee requested the Government to: (1) provide information on vocational training programmes addressing the needs of tribal populations, with an indication of how these programmes have contributed to increased employment opportunities for the populations concerned; and (2) continue providing updated information on the outcome of the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act regarding the scheduled tribes and scheduled castes. The Committee notes the information provided by the Government on a number of initiatives undertaken under the Special Central Assistance to Tribal sub-scheme and the Grants in Aid programme with a view to developing tribal people’s skills in potential livelihood activities in the field of agriculture, livestock, fisheries, non-farm enterprises and forestry, among others. The Committee notes, in particular, the Institutional Support for Marketing and Development of Tribal Products/Produce scheme, which aims at promoting tribal products, creating a supply chain and retail outlets for the sale of these products, and ensuring that the artisans are paid a fair price in line with the market; and the Mechanism for marketing of minor forest produce, which fixes a minimum support price for 49 products and ensures procurement and marketing through designed state agencies in case the price falls below the minimum pre-fixed price. The Committee notes that both schemes contain a training component aimed at enhancing occupational skills, such as crafting or sustainable collection, exploring marketing possibilities, creating designs and brands, and developing new products. The Committee further notes the Support to National/State Scheduled Tribes Finance and Development Corporations scheme, through which financial assistance at concessional rates of interest is provided to support income-generating activities and skills upgrading of persons from scheduled tribes. The Committee notes the Government’s indication that, in the years 2018–2019, 113,483 tribal persons received financial assistance through these corporations. The Committee takes due note of these schemes and requests the Government to continue providing information on the implementation of vocational training programmes and other programmes supporting tribal populations’ employment and occupation according to their needs, including the number of men and women beneficiaries of these programmes and the impact of such programmes on these populations’ livelihoods. The Committee once again requests the Government to provide updated information on the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act.

Article 20. Health. The Committee notes the information provided by the Government concerning the projects run by voluntary organizations in the framework of the Grants in Aid programme with a view to filling existing gaps in the provision of health care services in tribal areas, including the construction of hospitals and the implementation of mobile dispensaries. The Committee also notes from the research study of 2018 on assessing the status of health system delivery and factors determining access to quality health care for tribal communities, commissioned by the National Human Rights Commission and available on its website, that tribal people continue to suffer from poor health. The Committee notes in particular that, according to the study on the “non-availability of essential diagnostics, drugs, inadequate infrastructure, human resources, the lack of transport and communications facilities are rampant and impact the health and health care of these communities” (p. 230). The study shows, among other things, that: (i) particularly vulnerable tribal groups (PVTGs) rely considerably on local knowledge and practices for health care; (ii) the non-availability of health care near tribal people persists, denying timely access to quality care; (iii) communities residing in remote or arduous locations should be able to access health services within their villages or in accessible proximity to avoid delays or expenses caused by the need to travel long distances; and (iv) an improved understanding of the epidemiology of tribal areas and communities is necessary to delineate the health needs of the tribal population. The Committee further notes that the study underscores that “the participation of the tribal populations in processes of planning and in decisions regarding their health and health care is also core to a robust public health programme” (p. 231). The Committee requests the Government to continue providing information on the measures adopted to improve access to adequate health services in tribal areas, including any measures adopted as a follow-up to the recommendations made in the study commissioned by the National Human Rights Commission. Please indicate how collaboration with the communities concerned is sought in the design and implementation of such measures.

Articles 21 to 26. Education. In its previous comment, the Committee requested the Government to continue providing information on the impact of the education measures implemented, with an indication of how such measures take into account the social and cultural characteristics of the populations concerned. The Committee notes the Government’s indication that during 2018–2019, 183 additional residential schools were created benefiting 43,706 students from scheduled tribes. The Government also reports that it continues to implement the scheme on strengthening education among scheduled tribes’ girls in low literacy districts. The scheme, which targets 54 districts where the population from scheduled tribes is 25 per cent or more and female literacy among scheduled tribes is below 35 per cent, aims at reducing the literacy gap between the tribal and non-tribal female population and at reducing dropouts at the elementary level by creating an adequate environment for education. The Committee notes that, during 2018–2019, 74 educational complexes were established covering 10,359 girls from scheduled tribes in seven states. The Committee requests the Government to continue providing information on the implementation of the measures adopted to provide access to education to students from tribal populations and raise literacy levels among girls from the scheduled tribes, and their impact. The Committee also reiterates its request for information on how these measures take into account the social and cultural characteristics of the populations concerned. In this connection, please also indicate how multilingual education covering tribal populations’ mother tongue is provided.