Tribal body rejects bid for ST status to six Assam communities

The recent rejection by the Coordination Committee of Tribal Organisations of Assam (CCTOA) of the state government's recommendation to grant Scheduled Tribe (ST) status to six communities highlights a deeply complex and sensitive issue at the heart of India's affirmative action policies. This move, termed "illegal and unconstitutional" by the CCTOA, underscores the delicate balance between historical injustices, political expediency, and the protection of existing tribal rights.

**Background Context and What Happened:**

For decades, six prominent communities in Assam – the Tai-Ahom, Moran, Matak, Chutia, Koch-Rajbongshi, and Tea Tribes (Adivasis) – have been demanding Scheduled Tribe status. These communities, despite their significant populations and historical presence in the state, often face socio-economic disadvantages and cultural erosion, leading to their persistent calls for inclusion in the ST list. Granting ST status would entitle them to benefits like reservations in education, government jobs, legislative bodies, and access to special development schemes. The Assam state government, responding to these long-standing demands, particularly with an eye on electoral dynamics and social harmony, recommended their inclusion to the Union government. However, this recommendation was met with strong opposition from the CCTOA, an umbrella body representing various existing tribal groups in Assam, including Bodos, Mishings, Karbis, and others. The CCTOA vehemently rejected the proposal, arguing that such an expansion would dilute the benefits and political rights currently enjoyed by the existing 16 Scheduled Tribes of Assam.

**Key Stakeholders Involved:**

1. **The Six Demanding Communities:** Tai-Ahom, Moran, Matak, Chutia, Koch-Rajbongshi, and Tea Tribes (Adivasis). They represent a significant portion of Assam's population and feel marginalized, seeking constitutional recognition to safeguard their identity and secure socio-economic advancement.

2. **Existing Scheduled Tribes (represented by CCTOA):** These groups fear that the inclusion of six large, relatively more advanced communities would lead to a significant reduction in their share of reservations in legislative bodies (Articles 330 and 332), educational institutions, and government jobs. They also apprehend a threat to their cultural distinctiveness and political clout.

3. **Assam State Government:** Caught between the demands of powerful communities and the resistance of existing tribes, the state government's recommendation is often seen as a political maneuver to appease various vote banks and address perceived historical grievances.

4. **Union Government:** The ultimate authority in modifying the ST list. The Ministry of Tribal Affairs, along with the Registrar General of India (RGI) and the National Commission for Scheduled Tribes (NCST), plays a crucial role in scrutinizing such recommendations based on established criteria like ethnographic characteristics, distinctive culture, geographical isolation, and backwardness (the 'Lokur Committee' criteria from 1965).

**Significance for India and Historical Context:**

The issue of granting ST status is not unique to Assam; it reflects a broader national challenge concerning the implementation of affirmative action. The process for inclusion in or exclusion from the ST list is governed by **Article 342** of the Constitution, which empowers the President to specify tribes or tribal communities as Scheduled Tribes. Any subsequent modifications require an Act of Parliament. Historically, the criteria for identifying STs have been debated, leading to several committees and commissions. The current controversy highlights the inherent tension in a policy designed to uplift the most vulnerable, as expanding the beneficiary pool invariably raises concerns among existing beneficiaries. This has significant implications for social cohesion, federal relations (state recommendations vs. central decision), and the political landscape, particularly in states with diverse demographics like Assam. The existing tribes often cite **Article 334**, which deals with reservation of seats and special representation, fearing a direct impact on their political voice.

**Future Implications:**

The CCTOA's outright rejection creates a significant hurdle for the Union government. Granting ST status to these six communities without addressing the concerns of existing tribes could lead to widespread agitation and social unrest. Conversely, denying the status might alienate the demanding communities, leading to political instability. The Union government might face the difficult task of either initiating a comprehensive dialogue to build consensus, forming another expert committee to review the criteria and specific cases, or potentially referring the matter to the National Commission for Scheduled Tribes (**Article 338A**) for its detailed opinion. The possibility of judicial intervention also looms large, as affected parties could challenge any decision in court. This situation might also reignite discussions on a comprehensive review of reservation policies, including the 'creamy layer' concept for STs, and a re-evaluation of the criteria for ST identification, ensuring that the most deserving are indeed the beneficiaries.

**Related Constitutional Articles, Acts, or Policies:**

* **Article 342:** Defines the process for specifying Scheduled Tribes by the President.

* **Article 366(25):** Defines "Scheduled Tribes" as such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes.

* **Articles 15(4) & 16(4):** Enable the state to make special provisions and reservations for the advancement of any socially and educationally backward classes of citizens or for Scheduled Castes and Scheduled Tribes.

* **Article 330 & 332:** Provide for reservation of seats for STs in the Lok Sabha and State Legislative Assemblies, respectively.

* **Article 338A:** Establishes the National Commission for Scheduled Tribes, a constitutional body with powers to investigate and monitor matters relating to safeguards provided for STs.

* **Fifth and Sixth Schedules:** Pertain to the administration and control of Scheduled Areas and Tribal Areas, which are crucial for protecting tribal autonomy and rights. While Assam has Sixth Schedule areas, the current issue impacts the entire state.

* **The Scheduled Castes and Scheduled Tribes Orders (Amendment) Bill:** The legislative mechanism through which changes to the ST list are typically enacted by Parliament.