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:
- Indications of primitive traits;
- Distinctive culture;
- Geographical isolation;
- Shyness of contact with the community at large; and
- 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.
