Comments on the Draft Recommendations of the National Advisory Council Working Group on Denotified and Nomadic Tribes The

Draft Recommendations are organized into five broad categories in an efficient format by covering all the recommendations of the DNT Commission. 3. It is also clarified that these recommendations would need to be implemented by various Ministries of the Government of India and the State Governments.

Comment: A designated agency to be created to coordinate with the centre and states to implement the recommendations.
3.1 Legislative action a. Introduce a new legislation on the lines of the 1992 Statute on Minorities so that the Denotified Communities can be explicitly recognized.

Comment: The Constitution of India defines minorities as a group of people having a distinct language, script or culture of its own. They are recognized to be a group of people who are culturally, linguistically and scripturally different from the rest and are identifiable. It is for the upkeep of their uniqueness that the Constitution strives to protect and promote them. The first Statutory National Commission was set up on 17th May 1993. Vide a Gazette notification issued on 23rd October 1993 by Ministry of Welfare, Government of India, five religious communities viz; the Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities. As per the 2001 Census, these five religious minority communities constitute 18.42% of the countrys population. Whereas NT, SNT or DNTs were not notified in the Schedules or articles of the Indian Constitution, and population of DNTs not enumerated, hence introduce new legislation on the lines of 1992 Statute of Minorities to explicitly recognize Denotified Communities may not be practical. DNTs, NT and SNTs demanding to include them in the SC or ST over the last 45 years, this demand emanates from the historical injustice done by Dr. B R Ambedkar through the Lothian Franchise Committee, by removing the aboriginals or hill tribes, Criminals or others from the Depressed classes classification, prevailing till 1916 as per the classification of the Indian Legislature Committee. While the hill tribes were included in the ST list through Sri Thakkar bapa and few of the DNTs were included in to the ST list through the efforts of Sri V. Raghaviah and the remaining DNTs were enjoying their identity till mid sixties. Owing to the pressure of

powerful among the reserved categories, all the state governments constituted Commissions and classified majority of the NTs, DNTs, SNTs as Backward classes in the mid sixties by removing their identities as DNTs. Including the DNTs in to SC or STs in exercise of the powers conferred by clause (1) of article 341 of the Constitution of India, or including the Category of DNT, NT and SNT in the Indian Constitution, by amending the Article 330 in The Constitution Of India 1949 which provides reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People, so that our identity as nomads will be protected constitutionally. This could be done by the President of India in consultation with the Governors, by public notification, and specifying the castes, races or tribes or parts of or groups within castes, races or tribes and Parliament may by law include in or exclude from the list of Scheduled Castes or Scheduled tribes specified in a notification issued under clause (1) of Article.
b. Introduce a new legislation: similar in scope and spirit to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in order to deal with different kinds of offences and atrocities against the DNTs.

Comment: we are sceptical about the scope of introducing this new legislation without including the DNTs either in the SC or ST list.
c. Abolish the Habitual Offenders Act, 1952. This Act which is similar in spirit to the repealed Criminal Tribes Act of 1871 should be abolished as a first step towards de-criminalisation of DNTs and prevention of atrocities by police.

Comment: Good proposition

d Revisit existing Acts: To ensure that the safety and livelihood opportunities of DNT communities are protected and promoted adequately. The Prevention of Begging Act 1959: Re-examine definitions relating to criminalization of certain categories of DNTs The Bombay Prevention of Begging Act 1959: Re-examine this and similar laws in urban areas all over the country that target street performing nomadic communities such as acrobats, tight rope walkers, dancers and singers. Prevention of Cruelty to Animals Act, 1986: Re-examine provisions of this Act that prohibit nomadic communities to engage in street entertainment with the help of animals like bears, monkeys, birds, snakes etc.

Comment: All the above means of livelihoods are a joke in the contemporary world of high technological interventions which made entertainment sophisticated and heavily investment oriented.

 De-criminalise these livelihoods so that to escape from the harassment of the Departments of Wild life, Animal Welfare and self styled animal lovers and their NGOs. Introduce awareness programs by making them to recognise that these occupations are no more viable. Provide support, licences and expertise to make a living through sustainable extraction of venom and production donkey milk and meat processing, packing marketing etc., Preserve the art forms through documentation and rehabilitate the artists/ entertainers in various institutions like Zoos, animal protection centres, and recreation centres and in the wildlife department for the conservation of animals in the forests.
Wildlife Protection Act, 1972 and the Forest (Conservation) Act, 1980: Reexamine provisions that have adversely affected forest and DNT communities. Rules prohibiting grazing of cattle; collection of forest produce, fishing in the forest ponds, hunting of small game for their food requirements, growing of staple food through shifting cultivation by nomadic communities need to be reviewed.

Comment: Allocate forest lands to the DNTs under the ROFR Act on priority basis. Involve in the conservation and protection of the flora and fauna and give usufruct rights on sustainable lines for the forest dwelling DNTs.
Excise laws: Revisit provisions in excise laws that prevent brewing and selling of traditional liquor.

Comment: Give licences to the DNTs so that to brew liquor for their own consumption in lines with tribes.
3.2 Policy input Special DNT Sub-plan: A special package and sub-plan is needed for the socioeconomic empowerment of the DNTs. The Sub Plan should have due safeguards against diversion or non-utilisation of funds.

Comment: There is no Special Sub plan for the BCs and is it possible to create a Sub plan for the DNTs which are the exclusive domains of the SCs or STs at present.
3.3. Institutional arrangements: b. Grievance redressal and monitoring: A senior officer (serving or retired belonging to the Police or other services) should be designated in every state and made responsible for recording cases of atrocities against DNTs. This Officer

should report periodically to the state government as well as to the State or National Human Rights Commission.

Comment: Whats the use of recording and reporting the cases of atrocities against DNTs to the human rights commissions, without magisterial or prosecution powers? Create S C, ST atrocity vigilance committees right from the district to state level, so that to report atrocities to an official with arbitration powers.
C. Representation: At least one member in the National Human Rights Commission and the State Human Rights Commission should be drawn from the DNTs.

Comment: State human rights Commissions are in a crisis, strengthening them is important before appointing DNTs as one of the members.
3.4 Programmatic/ schematic strengthening and targeting 3.4.1 SC/ST/OBCs among DNTs shall receive all benefits for which SC/ST and OBCs are entitled: All benefits that accrue to SC, ST and OBC communities should be extended to SC/ST and OBCs among DNT communities.

Comment: Biggest problem of the DNT students to go for higher studies is Caste certificates. Issuance of caste certificate could be taken care by the clear demarcation of the DNTs either as SCs or STs. If we are talking about extending support as SC, STs and OBCs, population of the DNTs in each state to be finalized through demarcation through a state level legislation and allocations to be made on the basis of their population.
3.4.2 Expand and improve livelihoods New programmes and schemes need to designed, and on-going strengthened to enable improved livelihoods for DNT communities. a Design and marketing support for crafts producers: The KVIC promoted cluster development programmes should consciously include and promote the crafts of the nomadic and Denotified communities. Government agencies that promote cottage and small scale industries be encouraged to design special schemes for DNTs so that the traditional skills of DNTs get further sharpened and expanded to manufacture products for which market demand exists. ones

Comment: While improving the livelihoods one will come across the DNTs practicing traditional occupations and shifting to the alternatives like small time vending, rag picking, breeding of ducks or swine etc., and KVIC doesnt have expertise or funds to support these livelihoods, where a lot

of negotiation is involved in accessing the livelihood resources. Ex: Some communities among the DNTs make wigs or hair supplements and accessing hair from the temples is not possible due to auction system with heavy deposits. Rag picking is not possible since dumping grounds were being given to the corporate sector. A designated agency with expertise in promoting DNT livelihoods is needed.
3.4.4 Mainstreaming DNTs into on-going programmes & schemes: a. Concessional loans and skill development programmes should be provided for DNTs, through National Scheduled Castes Finance and Development Corporation and National Backward Classes Finance and Development Corporation. NGOs running awareness campaign and vocational training centres for DNTs should be provided with financial assistance. k. Banking Services: Banks and Post Offices should be advised to evolve simple guidelines for opening of DNT bank accounts and give them the benefits of their financial inclusion programmes. Banks need to be advised to earmark an appropriate percentage of priority sectors lending for DNTs. The Department of Financial Services should add DNTs as notified by the State Governments as a distinct category in the list of weaker sections eligible for priority sector lending.

Comment: Providing concessional loans to the DNTs through SC and BC Finance Corporations is not practical, without earmarking funds exclusively for the DNTs among the SC, ST and BCs on the basis of their population, which again depends on the enumeration of DNT population and state level notification of the DNTs, which could be at the discretion of the respective states. Banks will not lend to the DNTs with the notification of the state governments, they insist upon the bankability and viability. Hence creating National level DNT Finance Corporation with branches in the states and districts is the solution. This corporation will function in lines of SC, ST, B C Finance Corporations by providing subsidised micro fianc, and stand as a guarantor to the banks and issues margin money for the Micro entrepreneurship ventures. NGOs may be roped in for skill development and support services on the condition of assured livelihood promotion.
3.5.3 Prevention of Atrocities: A vigorous national campaign is needed to inform the DNT communities about their rights as SC/ST/OBC and to inform the public that violence/discrimination

against these communities and violations of their human rights is punishable under law.

Comment: A vigorous national campaign is needed to inform the DNT communities about their rights as DNTs, but not as SC/ST/OBC. Comment on the composition of the Committees and participants: Increase no. of DNTs in the National Advisory Committee and ensure the participation of persons who are actively serving the DNTs among the states.
M.Subba Rao Convenor National Campaign for the Nomadic Tribes Human Rights (NCNTHR) 10-3-18/2A, Street No.4, East Mared palli, Secunderabad- 500026 Mobile: 9573553212; email: ncnthr@gmail.com Annapareddy Murali Convener Andhra Telengana Sanchara Jatula Sangham (ATSJS) 7-79 Dr, Raja Bapayya street, SATTUPALLI-507303, Khammam district, Andhra pradesh Amurali1@rediffmail.com Mobile: 9908972972