Fifty years before the great tribal leader, Member of Parliament and former Aviation Minister from Bihar, Baba Kartik Oraon, had written a book with a heavy heart, titled Bees Varsh Ki Kalee Raat. This book elaborates on the misfortune of tribal population in India. Among other things, it brings to the fore opportunities of Legit Tribes (LT) being snatched away by Converted Tribes (CT). The preferences and privileges for the two under privileged groups such as Scheduled Castes (SC) and Scheduled Tribes (ST) flow in Article 341 and 342, respectively, of the Indian Constitution.
In a Presidential Order introduced in 1950 specified the groups to be deemed as Scheduled Castes in pursuance of Clause (1) of Article 341. The Order is called ‘The Constitution (Scheduled Castes) Order, 1950 (CO19)’. The order clarifies in its para 3 that “Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of a Scheduled Caste.” This para provides the clarity on who is eligible for the privileges assured by the constitution to under privileged Scheduled Castes.
Similarly, for Article 342, a presidential order was passed for ST as well called the Constitution (Scheduled Tribes) Order, 1950 (CO 22) but here the most important third para was omitted. This omission push the under privileged Legitimate Schedule Tribes groups into further darkness. In PART XIX of MISCELLANEOUS in Article 366 (25) of our Constitution, it has defined scheduled tribes as “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this constitution”. Unfortunately, the Scheduled Tribes (ST) definition in our constitution is not complete and insufficient to handle the challenges faced by depressed Scheduled Tribes in India. This is due to the omission of para 3 in the Constitution (Scheduled Tribes) Order, 1950 (CO 22).
But there was better clarity during British India in the ‘Government of India Act 1935’, with the definition of the Indian Christian. In the act, an Indian Christian is defined as a person who professes any form of Christian religion and who is not a European or an Anglo Indian. During the 1931 Census Position, the converts to Christianity taken in a separate category of ‘Indian Christians’. They were not included in the list of ‘Primitive Tribes’ and considered as Backward Tribes. Considering these facts it is evident that, when a person from Scheduled Tribe was converted, naturally he/she fell under the category of Indian Christians and was not entitled to get the benefits of reservations. Only the tribe who believes in their original faith is legitimate while converted tribes availing such benefits is unconstitutional or illegal.
But the ambiguity in the draft order were continuously misused by the Converted Tribes and conversion lobbies while enjoying the lion’s share of the constitution guaranteed benefits and privileges to Legit Tribe. To remove this ambiguity a comprehensive a Bill was introduced in the Indian Parliament on 1967, the Lok Sabha resolving to refer the Bill to a Joint Parliament Committee of both Houses. A 22-member Committee was formed, made 22 sittings in an 11-month period. They submitted the report in 1969 with a recommendation of amending the Constitution (Scheduled Tribes) Order 1950. While adding “2A notwithstanding anything contained in paragraph 2, no person, who has given up tribal faith or faiths and has embraced either Christianity or Islam, shall be deemed to be a member of any Scheduled Tribe.”
In November 10, 1970, one of the members of the Joint Committee, a Lok Sabha MP Sree Karthik Oraon send a memorandum signed by 348 Members of Parliament where 332 were from the Lok Sabha to Prime Minister Indira Gandhi, seeking the amendment proposed by JPC. The Bill came to Lok Sabha for the discussion on 16th of the same month, but due to the political influence of newly formed states in the north-east, Meghalaya and Nagaland, the Bill kept getting postponed for the discussion. Eventually on December 24, the Lower House dissolved. The Bill lapsed, with which the darkness and dejection of the Legit Tribes continue to this date.
The 75 million animistic or shamanic tribes (Legit Tribes) expect that in the occasion of celebrating the “Azadi ki Amruth Varsh”, there will be an end to the misery of their community with Light of new hope. The Constitution will be suitably amended to end the Bahathar Saal Ki Kalee Raat (72 years of Darkness) for the Legit Tribes to enjoy their privileges.
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