If we try to understand the literal meaning of the term ‘De-listing,’ it refers to ‘removing something from a list.’ The De-listing being discussed here is the demand for De-listing by the tribal society. According to this demand, De-listing means removing a person or a group of persons from the list of Scheduled Tribes.
As per the demand for De-listing, if a person converts and adopts a foreign system of faith, they should be excluded from the list of Scheduled Tribes. "Foreign faith" here refers to any religion other than Buddhism, Jainism, and Sikhism.
According to the concept of De-listing, if a tribal person adopts Christianity or Islam, they would no longer be entitled to the rights granted to the tribal community, including any form of reservation. This is the essence of the De-listing concept. The argument behind De-listing is that when a tribal person converts to Islam or Christianity, they enjoy the dual benefits of being both tribal and a member of a minority group. Allowing someone to benefit from the rights of two different communities simultaneously is considered unconstitutional. Anyone has the freedom to convert to another religion, but after adopting a foreign faith, there should be rules in place to remove their name from the list of the tribal category.
To understand De-listing, we must also understand what the term "Scheduled Tribes" means. When discussing the tribes of India, a specific type of culture comes to mind, one centered around the worship of certain gods and goddesses. These deities form the foundation of tribal faith, societal structure, laws, and values that govern life from birth to death.
After India's independence, the framers of the Constitution sought to protect tribal identities while facilitating the development of modern India. At that time, tribal societies existed in small groups across various parts of the country. In a vast political setup, there was concern that their identity could be lost. To safeguard the identity of the tribal community, the Constitution included various protective measures, including reservations, laws, and constitutional provisions. After much debate, specific categories were identified and included in the tribal class. However, after 1950, no specific provisions were made to include additional communities in the reserved list of Scheduled Tribes.
In 1965, the Lokur Committee was established to examine the situation and determine appropriate measures for the inclusion of communities in the reserved tribal category. Based on the observations of this committee, a community could be included in the list of reserved tribal categories. The criteria outlined by the Lokur Committee are as follows:
1. Indications of primitive traits.
2. Distinctive culture.
3. Geographical isolation.
4. Shyness of contact with the community at large.
5. Backwardness.
Now, if we discuss De-listing, it occurs when a person becomes distant from their specific tribal culture. Furthermore, the "signs of primitiveness" in such a person gradually fade. From a constitutional perspective, the Constitution grants rights to tribal societies to preserve their unique cultures and ancient traditions. When a person converts, they become distant from these rights as well. This is why a converted person should not be entitled to the rights given to the tribal society.
At present, according to Article 342 of the Indian Constitution, the President has the authority to include a community in the list of Scheduled Tribes through a public bill, after consulting the Governor of the respective state. On the Other hand, Article 342(2) grants the Parliament the power to include or exclude any community from the list of Scheduled Tribes.
Since the matter of De -Listing is related to the Constitution, it is important to understand the constitutional perspective on this issue, as well as the amendments expected by those advocating for De -Listing. According to Article 342 of the Constitution, it was decided who would be included in the category of Scheduled Tribes, but unlike Article 341 and the 'Constitution (Scheduled Tribe) Order, 1950,' any provisions for conversion are not included in this. To understand this issue, we must explore the provisions related to Scheduled Tribes.
When the Constitution Committee was debating whether people belonging to Scheduled Tribes who convert to any foreign faith should lose their Scheduled Tribe status, Dr. Bhimrao Ambedkar clearly refused to include any provisions in this regard. Later, through the 'Constitutional (Scheduled Tribe) Order, 1950,' it was established that if a person from a Scheduled Tribe converts to any religion other than Hinduism, Sikhism, or Buddhism (Jainism was included later), their Scheduled Tribe status would be revoked. In other words, the person would be De -Listed from the list of Scheduled Tribes.
Babasaheb Ambedkar's awareness and compassion toward Scheduled Tribes led him to take steps to preserve the roots of tribal society. However, these provisions also created a sense of distance within the tribal community. From a constitutional viewpoint, when a person converts to any foreign faith, they are De -Listed, yet they may continue to enjoy certain privileges. As a whole, this creates a significant bottleneck in the development and prosperity of the tribal society and represents one of the biggest challenges faced by the community.
Another important constitutional concept to understand is Article 244(1). Based on Article 244(1), the 'Fifth Schedule Region' is determined for various tribal areas across the nation. Under this article, the President has the authority to declare new tribal areas after consulting with the Governor of the respective state. Initially, it was a rule to declare only those areas as tribal regions where more than fifty percent of the population was tribal, a rule proposed by the Dhebar Committee in 1960. However, amendments in 1975, 2003, and 2007 did not specify a percentage distribution of the tribal population. Even the President disregarded the percentage advised by the Dhebar Committee.
Additionally, the Panchayat (Extension to Scheduled Areas) Act (PESA) of 1996 includes provisions for local governance in scheduled areas. Clause 4(1) of the PESA Act requires the state government to recognize the customary practices, societal and religious customs, and traditions of the group while making laws for the Panchayats. Similarly, Clause 4(1) of the PESA Act ensures that each Gram Sabha preserves and safeguards the customs, cultural identity, community resources, and customary methods of dispute resolution among tribal people.
Understanding this legal and constitutional view is crucial to grasp the impact of a declining tribal population on their culture and age-old traditions. A decrease in the number of primary tribal people could have a direct negative effect on tribal culture and their ancient customs.
While we have examined de-listing and its constitutional aspects, it is also important to consider the demands for constitutional amendments made by tribal people. The tribal community is calling on the Indian Parliament to amend Article 342, ensuring that provisions made for tribal people are incorporated into the article. They are specifically seeking provisions related to De -Listing and conversions for tribal people to be included in Article 342.