25 Ground Realities of Implementation of Welfare Programmes

Sangeeta Dey

epgp books

 

 

 

    Contents:

 

1.      Introduction.

2.     Welfare Programmes for Tribal Development

2.1 Integrated Rural Development Programme (IRDP)

2.2 National Rural Employment Programme (NREP)

2.3 National Rural Landless Employment Guarantee Programme (NRLEGP)

2.4 Training Rural Youth for Self Employment (TRYSEM)

2.5 Large Scale Agricultural Multi – purpose Societies (LAMPS)

3.     Constitutional Safeguards as welfare programmes for Backward Classes in India.

4.     Articles concerned with welfare of the tribal people and their implementation.

4.1 Article 15, 15(4) and 29 are concerned with educational welfare.

4.2 Article 16, 16(4), 320(4) and 335 are concerned with employment welfare.

4.3 Article 17 and 25 are concerned with the social welfare.

4.4 Article 19 is concerned with the economic welfare.

4.5 Article 23 is concerned with the abolition of forced labour.

4.6 Article 46 is concerned with the protection from social injustice and all forms of exploitation.

4.7 Article 244 and 339 are concerned with the administration of Scheduled and Tribal Areas.

5.     Relevance of the Fifth & Sixth Schedule of the Constitution and their Implementation.

5.1 The fifth schedule

5.2 The sixth shedule

6.     Realities in the implementation of constitutional welfare programmes.

7.      Summary.

    Learning objectives:

 

-Students will be able to identify various welfare programmes

-Students will be able to understand constitutional safeguards for backward classes of India.

-Students will be able to explain the various Articles concerned with welfare of the tribal people.

-Students will be able to discuss realities in the implementation of constitutional welfare programmes.

 

1.    Introduction:

 

The Indian state is a welfare state because it performs certain positive functions, it upholds democratic values and it has accepted a mixed economy. However this view is not shared by the Marxist theory of the state. According to this view, the state is a special organ in the historical evolution of mankind. It is born from the division of society into classes and would wither away with the disappearing of the classes. The state is an instrument in the hands of the „haves‟ and they use it for maintaining their dominance, and the state would not exist if the class domination disappeared. Thus, state is a representative class institution. It is a bourgeois institution. Alternative to this „oppressive bourgeois state‟ is „the proletarian state‟. The Indian state has stood the test of a democratic and welfare state in terms of the institutions, namely constitution, five year plans, policies and programme for the welfare of the weaker sections.

 

Section 31 of the Indian Constitution states that “the state shall, in particular, direct its policy towards securing:

1. that the citizens, men and women equally have the right to an adequate means of livelihood;

2. that the ownership and control of the material resources of the community are so distributed as best to sub serve the common good;

3. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

4. that there is equal pay for equal work for both men and women;

5. that the strength and health of workers, men and women, and the tender age of children, are not abused and that citizens are not forced by economic necessity to enter a vocation unsuited to their age and strength; and

6. that childhood and youth are protected against exploitation and against moral and material abandonment”.

 

In pursuance of these objectives the state initiated the welfare programmes, schemes, policies for achieving minimum standard of health, economic security and civilized living and thus promoting the welfare of the people.

 

2.    Welfare Programmes for Tribal Development.

 

2.1 Integrated Rural Development Programme (IRDP)

 

This programme was started in 1978-79 aiming to help financially to those poor families who were living under poverty line. This programme besides tribals includes small and marginal farmers, rural craftsmen and scheduled castes. It aimed at increasing income, employment and investing money in cottage and village industries. Firstly, this programme was implemented in 2300 blocks of the country but in 1980 it was implemented in all the blocks of the country. In the sixth plan Rs. 4500 crores was aimed for expenditure. In this plan, target was helping 150 lacs of families but 165.5 lacs of families were benefitted which was more than the target. In 1984-85 16.5 lacs of SC and ST were benefitted and 1650. 25 crore was spent. In the ninth plan, instead of families a cluster of families have been targeted for benefit. On the block level it is implemented by the District Rural Development Agency (DRDA) .In its implementation there are many organization and administration drawbacks which are being reduced.

 

2.2 National Rural Employment Programme (NREP)

 

This programme started in 1980 in the form of central government planning. Its expenditure between centre and state is based on ratio of 50.50. Its main objective is to generate employment to weaker section of the society. This programme aims at creating productive employment opportunities, creation of permanent community assets and improving nutritional status of rural poor families. This programme is for Scheduled Tribes. The minimum wages are given partially in cash and partially in the form of grain. In the sixth plan Rs. 1819 crore was spent.

 

2.3 National Rural Landless Employment Guarantee Programme (NRLEGP)

 

This programme was started in 1983- 84. It aimed at generating employment at least one person to the landless rural families and strengthening rural infrastructure for rapid development of the economy .In sixth plan it aimed at expending Rs. 600 crores. The tribals have been benefitted under this programme. But now NREP and NRLEGP have been included in Jawahar Rojgar Yojana started in 1989.

 

2.4 Training Rural Youth for Self Employment (TRYSEM)

 

This programme was started in 1979 for providing training and skill to rural youth between age of 18-35. Under this programme those families are selected whose annual income is up to Rs. 3500. Every year in a block 40 youth are helped and trained. During training period they are given financial assistance. 33 and one third percent gratuaty is given for self employment. In the sixth plan 9.30 lacs youths were trained out of which 2.96 lacs belonged to SC and ST. This programme is directed to those areas where substantial semi – unemployment exist. This programme is providing quite satisfactory.

 

2.5 Large Scale Agricultural Multi – purpose Societies (LAMPS)

 

These societies were set up in sixth Plan for providing financial help to the tribals to eliminate the middlemen and money lenders. These societies give economic benefit directly to tribal population. Promotion of Tribal crafts and family based programmes for helping these groups are formulated and then implemented. The special central assistance in seventh plan was Rs 756 crores. These society help tribals in selling their forest produce crafts and agricultural things. Due to these societies in tribal areas the traders and money lenders are unable to exploit them to a great extent.

 

3.    Constitutional Safeguards as welfare programmes for Backward Classes in India

 

The term “Backward Classes” include Scheduled Tribes (STs), Scheduled Castes (SCs), Denotified Tribes and Other Backward Classes (OBCs). These classes of Indian population have laboured under different and distinct disadvantages in the Indian social system. They have suffered from social and economic disabilities and have come to be known as Backward Classes. The SCs and STs are identified as a result of different lists revised and issued under the scheduled castes and scheduled tribe lists modification order, 1956 whereas the Denotified tribes are defined under the Criminal Tribes Act, 1924.

 

It has been fully realized that special arrangements would have to be made for them in order to bring them to a position of equality with other citizens. The Constitution of India therefore provides protection and safeguards for SCs, STs an OBCs either specifically or by way of promoting general rights of citizen with an objective of promoting their educational and economic interests and of removing certain special disabilities they were subject to.

 

The various special welfare provisions made in the constitution of India with regard to the tribal development are known as constitutional safeguards. These safeguards may be classified into three broad types: Protective safeguards, political safeguards and development safeguards.

 

Protective safeguards are meant for protecting the tribal populations with regard to education, employment, economy, social injustice, forced labour and administration of specified area. The political safeguards are concerned with reservation of seats for tribes in parliament and State Legislatures, appointment of a Minister in – charge of Tribal Welfare in certain states where the tribes are in considerable numbers and special provisions in respect to Nagaland, Assam and Manipur. The Developmental safeguards are meant for promoting the educational and economic interests of the tribal peoples, for providing free legal aid to the tribal peoples and for giving grants from central Government to the states for welfare of the tribal peoples and raising the levels of administration of scheduled areas.

 

4.   Articles concerned with welfare of the tribal people and their implementation.

 

In the Constitution of India, welfare programmes for promoting and safeguarding the interests of tribal life are written by means of specific Articles.

 

4.1 Article 15, 15(4) and 29 are concerned with educational welfare:

 

Article 15 is under the chapter of fundamental rights. It assures all citizens of India that no discrimination will be permitted on grounds of religion, race, caste, sex or place of birth. It specifies that no citizen shall, on these grounds or any of them, be subject to any disability, liability, restriction or condition with regard to:

  1. Access to shops, public restaurants, hotels and places of public entertainment; or
  2. The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds dedicated to the use of general public.

   This Article acquires significance because the tribal people have been in the past discriminated against on grounds of religion, race and place of birth.

 

Article 15, clause (4) empowers the state to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

 

Article 29 states that any section of the citizens in the territory of India, or any part thereof, having a distinct language, script or culture of its own shall have the right to conserve the same. It protects the cultural and educational rights of the minorities. This provision also acquires special significance when applied to the tribal people who constitute one of the important cultural minorities of India.

 

4.2 Article 16, 16(4), 320(4) and 335 are concerned with employment welfare

 

Article 16 provides for equality of opportunities for all citizens in matters relating to employment or appointment to any office under the state. It further provides that no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of their, be eligible for or discriminated against, in against in respect of any employment or office under the state. This article assures equality of opportunity to all citizens including the tribes in matters of employment with government.

 

Article 16 Clause (4) lays down that the state shall have the power to make any provision for the reservation of appointments of posts in favour of any backward class citizens which, in the opinion of the state, is not adequately represented in the service under the state. The SC and ST constitute the most important categories of backward classes of citizens for the purpose of these safeguards.

 

Article 320 Clause 4 lays down, inter alia, that consultation with the Union Public Service Commission or the State Public Service Commission is not necessary as regards the manner of giving effect to service safeguards for the Scheduled Castes and the Scheduled Tribes.

 

Article 335 states that the claims of the members of the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration in the making of appointments to services and posts in connection with the affairs of the Union or of a state. It assures that the SC and ST will be given special attention while filling in posts in the service.

 

4.3 Article 17 and 25 are concerned with the social welfare

 

Article 17 related to untouchability and its practice in any form. It emphasized that enforcement of any disability arising out of untouchability is an offence punishable in accordance with law.

 

Article 25 relates to freedom of conscience and practice and propagation of religion. However, it says, the state has the power to enforce any existing law or make any law providing for of Hindu religious institutions of a public character to all classes and sections of Hindus. Thus, this article gives the right to freedom of religion to all including the tribal people of India.

 

4.4 Article 19 is concerned with the economic welfare

 

Article 19 protects certain rights of all citizen of the country. Clause (1) of this Article grants freedom of speech, expression, residence, acquisition and disposal of property, practice of a profession, free association and free movement. Clause (5) of this Article, however states that these rights shall not affect the operation of any existing law in so far as it imposes, or prevents the State from making conferred by the Clause (1), either in the interests of the general public or for the protection of the interests of any scheduled Tribe. This provision prevents the lands of a tribal from passing into the hands of a non – tribal in the Scheduled Areas and also exercises control over operation of moneylenders in those Areas.

 

4.5 Article 23 is concerned with the abolition of forced labour

 

Article 23 prohibits traffic in human beings and forced labour and any contravention of this provision is an offence punishable in accordance with law. However, the state has the power to impose compulsory service for public purposes and in imposing such service the state shall not make any discrimination on grounds of religion, race, caste or class or any of them.

 

4.6 Article 46 is concerned with the protection from social injustice and all forms of exploitation

 

Article 46 lays down that the State shall promote with special care the educational and economic interest of the weaker sections of the people, and, in particular of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

 

4.7 Article 244 and 339 are concerned with the administration of Scheduled and Tribal Areas

 

Article 244 states that the provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any state other than Assam, while the provisions of the Sixth Schedule shall apply to the administration of the Tribal Areas in the State of Assam.

 

Article 339 states control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes.

 

5.    Relevance of the Fifth and Sixth Schedule of the Constitution and their Implementation

 

Article 342 of the Indian constitution reads:

  1. The president may with respect to any state or union territory, and where it is a state, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be scheduled tribes in relation to that state or Union territory, as the case may be.
  2. Parliament may, by law include or exclude from the list of Scheduled tribes specified in a notification issued under the said clause shall not be varied by any subsequent notification.

   Under Article 342, the President may by public notification specify the tribes or tribal communities which shall be deemed to be scheduled tribes for purpose of the constitution. In exercise of the said powers, the President issued the Constitution (Scheduled Tribes) Order, 1950 which has been amended from time to time. By virtue of Clause (2) Parliament passed in 1976, the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976.

 

Article 244 of the Constitution concerns itself with the administration of Scheduled Areas and Tribals Areas. This Article reads:

  1. The provision of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled tribes in any state other than the States of Assam, Meghalaya, Tripura and Mizoram.
  2. The provision of the Sixth Schedule shall apply to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.

   Scheduled Tribes means such tribes or tribal communities as are illustrated in the Scheduled Tribes Order under Article 342. Scheduled Areas mean such areas as the president may by order declare to be Scheduled Areas.

 

The Fifth and Sixth Schedule of the Constitution of India should be read with the Article 244(1) and 244 (2) respectively.

 

5.1 THE FIFTH SCHEDULE

 

The Fifth Schedule of the Constitution is concerned with the administration and control of Scheduled areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram. According to the provision therein, the Governor of each state having Scheduled Areas shall annually, or whenever so required by the president, make a report to the president regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.

 

According to this Schedule, Tribes Advisory Council shall be established in those states having Schedule Tribes, consisting of not more than 20 members of whom, as nearly as may be, three forth shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State.

 

It is the duty of the Tribes Advisory Council to advice on matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor. The Governor is entrusted with the power of making rules and prescribing regulations regarding the number of members of the Council, the conduct of its meeting and procedure in general.

 

Thus the Fifth Schedule provides an effective mechanism to accommodate the tribal interests and points of view regarding the direction they choose for development and also for redressing their grievances. It also entrusts the Governor with a power to direct that any Act made by the Parliament or legislature of the state not to apply to a Schedule Area or part thereof in the State. Thus Fifth Schedule ensures a greater flexibility when the laws are implemented in the tribal areas owing to their level of development, relative isolation and socio cultural background.

 

5.2 THE SIXTH SCHEDULE

 

The Sixth Schedule of the Constitution relates to the provisions as to the administration of Tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.

 

Sixth Schedule of the Constitution provides for a mechanism of decentralized power and administrative structures for effective administration of the tribal areas. It provides for Autonomous District Councils and Autonomous Regional Councils constituted by the regulations of the Governor.

 

The Sixth Schedule gives power to the District and Regional councils to make laws pertaining to:

  1. The allotment, occupation or use, or the setting apart of land other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town;
  2. The management of forest not being a reserved forest;
  3. The use of any canal or water course for the purpose of agriculture;
  4. The regulation of the practice of Jhum or any other forms of shifting cultivation;
  5. The establishment of village or town communities or councils and their powers;
  6. Any other matter relating to village or town administration, including village or town police and public health and sanitation;
  7. The appointment or succession of chiefs or Headmen;
  8. Inheritance of property;
  9. Marriage and Divorce; and
  10. Social customs.

   Thus, the Constitution has realized the importance of acknowledging the socio – economic and cultural background of these vary isolated and primitive tribes and has hence provided for an element of flexibility and decentralization regarding any laws applicable to and effecting their institutions.

 

The Implementation: Article 244 and 244 (A) under part X of the Constitution Provide for administration of Schedule Areas and Tribal Areas. Under the Constitution, the terms Scheduled Areas and Tribal Areas have definite connotations. The Scheduled Areas are governed by the provisions contained in the Fifth schedule. These may also be called the Fifth Scheduled Areas. The Tribal areas are governed by the provisions of the Sixth Schedule.

 

6. Realities in the implementation of constitutional welfare programmes

 

The constitution envisages a comprehensive and well – designed scheme of action for tribal protection and development. The Governor of a state having Scheduled Areas has been given regulation – making power for development of Scheduled Tribes and good administration of Scheduled Areas in consultation with the Tribal Advisory council.

 

Tribal advisory council is required to keep the President informed of the tribal situation in the state by submitting annual report. In order to protect the tribal interest, the Governor has been given power to exclude the application of any law or part thereof made by the Parliament or the State Legislature. These vast powers vested in the Governor by the Fifth scheduled are limited by Article 163 which says that the Governor will be aided and advised by the Council of Ministers in the exercise of his powers.

 

According to judicial opinion, the Governor is bound by the advice of the council of Ministers in the exercise of powers granted to him under the Fifth Schedule. Thus, it is the responsibility of the State Government to make effective use of the Provisions in the Fifth Schedule.

 

The Union Executive has been vested with vast powers of giving directions under Para 3 of the Fifth Schedule and Article 339 (2) for preparation and execution of schemes of tribal development and for good administration of Scheduled Areas. Financial provision has been made under first provision to Article 275 (1) to meet the cost of such schemes out of the Consolidated Fund of India. So far no directive has been issued by the union Government to any of the state Governments.

 

The Union Government‟s persuasive approach with the state Governments regarding the measures to be taken for the protection and development off the tribes has not been very effective. The provisions contained in the Fifth Schedule have virtually remained non – operational. Land continues to pass out of the tribes to non – tribes. Money lenders continue to exploit them by charging exorbitant rates of interest. Prescribed minimum wages are yet to be enforced in tribal areas. Condition of migrant tribal labour particularly women continues to be vulnerable.

 

The special Central Assistance is released to the State Governments in a ritual way without any area – specific or people – specific schemes. In fact, it is critical gap filler in the planned efforts of State Government and should be utilised for schemes which are undertaken by the State Government with the prior approval of the Union Government.

 

The Tribal sub – Plan strategy launched in 17 States and 2 Union Territories since the Fifth Five Year Plan as a new “package deal” for integrated development of tribal areas with specific focus on development of tribal communities has not been a success because of lack of orientation of the administration machinery.

 

The economic assistance given to family oriented programs is inadequate to lift a family above poverty line. No scientific data has been collected about the extent of impact of the programs.

 

In recruitment of services and posts under the government of India and the States, the Scheduled tribes are still under represented. Their representation in Central Government posts and services is below 2 % in Group „A‟ and „B‟ and below 5 % in Group C & D, as against 7 ½ % prescribed for each of these categories.

 

In the wake of development process, there has been heavy influx of outsiders in the tribal areas who have not only grabbed most of the resulting job opportunities but also settled down in those areas and have increased pressure among others, on the land resources. the power of imposing restrictions on the movement or settlement of outsiders in tribal areas as envisaged in Clause 5 of Article 19 of the Constitution has never been exercised. As a result, the tribal population in certain tribal majority areas has been reduced to minority. This trend is conspicuous in industrial areas where the tribes face a serious challenge to their existence in general and their culture in particular.

 

7. Summary

 

The term tribal welfare has been used to cover an all round development of the tribals as a weaker section of the Indian population. They are in a subsistent stage. Their comparative isolation living in and around the forest and hill areas, their simple economy and limited world views have placed them in a state of death. The country is fully aware of the responsibilities and central and state governments are working to improve the economic, social, political and other conditions of the tribal population. It is believed that the Scheduled Castes and Tribes have registered little progress in the last five to six decades. The financial and educational reservations have bestowed little real benefit to these castes. The implementation of various types of development, welfare and community development schemes meant for the tribal areas have brought about certain economic and social changes in the tribal communities.

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References:

1. Dubey, S.N. and R. Murdia, Administration of Policy & Programmes for Backward Classess in India, Somiya Publication Pvt. Ltd., Bombay, 1976.

2. Evaluation Report on Integrated Tribal Development Project, PEO, Planning Commission, Govt of India, New Delhi, 1987.

3. Evolution of Community Development Programmes in India, Ministry of Community Development, Panchayati Raj and Co-operative, Govt. of India, 1963.

4. Gaur, A., Integrated Rural Area Development: A case study of Tahasil, B.R. Publisher New Delhi, 1985.

5. Gupta, L.P., Tribal Development Administration: A study in Darjeeling District of West Bengal, Classical Publishing Company, New Delhi, 1998.

6. IRDP and Allied Programmes: A Manual, Department of Rural Development, Ministry of Agriculture, Govt. of India, Delhi – 1988.

7. Kabra, G.D., Development of Weaker Sections: Organisational Alternatives, Inter – India Publications, New Delhi, 1984.

8. Majumadar, D.N., The Affairs of a Tribe, Universal Publishing Ltd., 1950.

9. Report of the study team of Tribal Development Programmes: All India, COPP, Planning Commission, Govt. of India, New Delhi, 1969.

10. Report of the study team of Tribal Development Programmes: West Bengal, Committee on plan Projects, Planning Commission, Govt. of India, New Delhi, 1966.

11. Report of the study team on Implementation of Tribal Development Programmes during Medium Term Plan (1978 – 83), Ministry of Home Affairs, Govt. of India, New Delhi, 1978.

12. Saksena, H.S., Safeguards for SC & ST: Founding Fathers’ View, Uppal Publishing House, New Delhi, 1981.

13. Sharma, B.D., Planning for Tribal Development, Prachi Prakashan, New Delhi, 1984.

14. Vidyarthi, L.P. “Problems and Prospects of Tribal Development in India”, Indian Anthropology, Vol. II, No. 1, 1972.

15. Vidyarthi, L.P. The Tribal Culture of India. New Delhi, Concept Publishing Company. 1980.

 

Additional Readings

  • Majumdar, D.N. and T.N. Madan, An Introduction to Social Anthropology, Asia Publishing House, Bombay, 1956, pp. 274 – 275.
  • Tribal Development: A Statistical Profile, Ministry of Home Affairs, Govt. of India, New Delhi, 1985.
  • Tripathi, C.B., Approaches to Tribal Development and Experience: General Policies, Administrative Approaches and Personnel Policies and their Implementation – an all Indian Review, Man in India, Vol. 68, No. 4, Dec 1988, pp. 335 – 355.
  • Welfare of SC and ST, Lok Sabha Secretariat, Govt. of India, New Delhi, 1986.