DHANGARS: ‘ST’ STATUS DEMAND

Aug. 1, 2018

Dhangar community – currently listed as Vimukta Jati and Nomadic Tribes (VJNT) in Maharashtra – is protesting against for getting Scheduled Tribe (ST) status.

Constitutional Provisions wrt Schedule Tribes (STs):

  • Article 366(25): It defines Scheduled Tribes as those tribes that are deemed under article 342 to be STs for the purposes of this Constitution.

  • Article 342(1): President may notify the STs in a state after consultation with the Governor of the state. 

  • Article 342(2): It talks about the further inclusion or exclusion of any tribe from this list.

Dhangars are a shepherd community of Maharashtra who live mostly in Western Maharashtra and Marathwada.

They claim that they are the same as “Dhangad” elsewhere in the country, who are listed as a Scheduled Tribe.

However, a typographical error led to the community’s name being recorded as “Dhangar”, thus denying them the benefits available to the ST “Dhangads”.

Criteria for a tribe to be included in the list of ST:

  • For the process of inclusion/exclusion/modification in the list of Scheduled Tribes, the Ministry of Tribal Affairs follows the following criteria:

  1. Indications of primitive traits;

  2. Distinctive culture;

  3. Geographical isolation;

  4. Shyness of contact with the community at large; and

  5. Backwardness

  • According to the Ministry, these criteria are not spelt out in the Constitution but have become well established and accepted.

Constitution (Scheduled Tribes) Order, 1950:

  • In accordance with the above mentioned constitutional provision and the criteria evolved, the President issued the "Constitution (Scheduled Tribes) Order, 1950.

  • It contains the list of Scheduled Tribes in relation to particular States or Union Territories.

Source : The Hindu