The National Commission for Scheduled Tribes (NCST) has largely been confined to a monitoring and advisory role. What are the impediments in the functioning of NCST despite the constitutional status, and what are the reforms suggested?
Main Body
Art 241(6) mandates constitution of NCST to look into the demands of ST and ensure their independence. Mandate of NCST: - To look into cases of human rights violation - Act as a civil court while summoning evidence - Prepare and analyse reports on status of STs - Ensure traditional farming like Jhum etc to flourish - Ensure justice delivery to STs Issues with NCST: A Advisory role (1) Cant punish perpetrators (2) Cant announce an award for
Compensation, only recommend it. (3) Heavily dependent on Ministry of Tribal Affairs for funds and functionary. (4) Advise future course of action, cant implement them (5) No power to demand action taken Report ATR B Monitoring Role: (6) Cant take direct action, only monitor status of STs (7) No role in punishment, only monitor the situation Impediments in working of NCST: (1) Lack of funds, functionary and functionary. (2) Its role was never envisaged as an action-taking body. (3) Doesnt have the means to carry out an investigation. (4) Duty of SC, HC and Subordinate Courts to give justice. (5) Executive body mostly. (6) Judiciary unwilling to give it teeth. Suggested Reforms: (1) Empower active role of the body by giving it powers. (2) Sub-motto cognizance should be allowed to it.
Conclusion
Thus, to ensure substantive justice it is imperative that we give NCST the requisite teeth
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MEDHA ANAND
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Scheduled and Tribal Areas
NCST mandate and functioning
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