National Commission for Scheduled Tribes

Article 338A · land, forest & livelihood rights

Evolution & structure

• 1999 → Ministry of Tribal Affairs; 2004 → Art. 338A inserts NCST separately;
• six regional offices: Bhopal, Bhubaneswar, Jaipur, Raipur, Ranchi, Shillong;
• Art. 339 commissions: U.N. Dhebar (1960), Dilip Singh Bhuria (2002–04).

N.K. Bose and B.D. Sharma — remembered as dedicated figures in tribal affairs.

Distinctive mandate (beyond SC parallel)

• ownership of minor forest produce; rights over mineral, water, resources;
• rehabilitation, preventing displacement; implementation of PESA, 1996;
• monitors Forest Rights Act claims & rejections; objected where Gram Sabha consent is diluted; backed halting evictions till claims resolve.

The structural problem: the Ministry of Tribal Affairs often acts as if superior to the NCST; funding & infrastructure control weaken autonomy; it is not always consulted on mining/industry; reports are not regularly tabled; it cannot sanction officials. Hence the perception of a paper tiger — SC/ST employee groups call both commissions “toothless tigers.”

Field reality: low case numbers despite many atrocities, over-reliance on official clarification letters, no independent investigation, weak access for remote communities. Anupam Hazra (2010): more than 50% of the tribal population lives below the poverty line. Pradip Kumar Singh (2004): existence of a scheme does not guarantee effective benefit. Reforms: independence in practice not only law · punitive powers for serious violations · strengthen regional offices · mandatory consultation on mining/displacement · stronger role of Governors under the Fifth Schedule.