The Delisting And The Constitution
Source: Indian Express
GS II: Government Policies and interventions for development in various sectors and issues arising out of their design and implementation.
Overview
- News in Brief
- Historical background
- Arguments related to Delisting
- Constitutional Provisions
Why in the News?
In Jharkhand, the row over ‘Delisting’ has raised questions about religion and tribal identity, and the constitutional safeguards.
News in Brief
- Recently, the Supreme Court observed that Dalits converting to Christianity or Islam can not continue to claim Scheduled Caste status under Article 341.
- Amid this observation, the Adivasi Hindu community demands delisting from the Scheduled Tribes(ST) category for tribal people who convert to Christianity or Islam.
- The Sarna Community of Adivasis argues that the same should apply to those tribal people who have converted to Hinduism.
- However, Article 342 does not explicitly mention religion to claim ST status.
Historical background
- The origin of the delisting demand can be traced to Baba Kartik Oraon’s efforts.
- In the 1960s, concerns were raised that converted tribes were benefiting from ST’s status.
- Kartik Oraon was a minister in Indira Gandhi’s cabinet and was asked to revise the criteria to include and exclude tribes across India.
- The Parliament did not adopt the proposal.
- Since then, various organisations and groups have periodically demanded the exclusion of converted tribes from the Scheduled Tribes lists.
What is Delisting?
Refers to the demand that tribal people converting to Christianity or Islam should not continue to receive benefits provided under STs category.
Arguments related to Delisting
Arguments in favour of Delisting:
- Delisting ensures that the benefits are reaching the most marginalised tribal groups.
- Tribal status is linked to indigenous identity and practices. Conversion may alter these identities, and receiving access to STs status is unjust.
- Conversion may lead to changes in cultural practices. This could affect traditional identity.
Arguments against Delisting:
- Excluding those tribes that are converted may get adversely affect their educational and economic opportunities on reservations.
- Tribal identity is based on ancestry, rather than religious belief.
- Delisting may question or undermine the constitutional safeguards of religious freedom.
Significance of the delisting and the Constitution
- The debate around Delisting highlights the complex relationship between religion and identity.
- It also raises questions on constitutional provisions guaranteeing religious freedom and the balance between social justice and religious beliefs.
Who are Particularly Vulnerable Tribal Groups (PVTGs)?
- PVTGs are a sub-category of Scheduled Tribes(STs).
- They belong to a declining or stagnant population, economic backwardness, relatively low literacy, geographical isolation, and use pre-agrarian practices( hunting and gathering).
- This category was created based on the recommendations of the Dhebar Commission (1960-61), led by the former Member of Parliament UN Dhebar.
Constitutional provisions
Article 341: Empowers the President of India, after consulting with the Governor of a State, by way of public notification, to specify castes, race, or tribes to be classified as Scheduled Castes (SCs).
Article 342: Empowers the President of India, after consulting with the Governor of the State by way of public notification, to specify tribal communities that will be classified as Scheduled Tribes (STs).
Articles 25 to 28: The Right to Freedom of Religion in India.
Daily Current Affairs: Click Here