Public Policy Analysis
Indian Tribal Policy
Zainab Khorakiwala
Policy Formulation, Implementation and Evaluation
PUBP204
Professor Shanthi Karuppusamy
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Zainab Khorakiwala
Policy Analysis
Prof. Shanthi Karuppusamy
November 9, 2016
Indian Tribal Policy
Defining the Problem
According to the 2001 census, the population of Scheduled Tribes in India is 84.32 million,
which constitutes 8.2 percent of the total Indian population. Of these, about 137 million belong
to Primitive Tribal Groups (PTG). The Human Development indices of the ST population are
much lower than the rest of the population in terms of all parameters pertaining to education,
health, income, etc. The infrastructure gap in tribal areas compared to the rest of the areas is
widening at a much faster rate. Social inequalities of the tribal population are manifested in
various forms of exploitation such as bondage, forced labor and indebtedness. Further, they are
also exploited by merchants, money lenders and forest contractors (Administrative Reforms
Commission, 2007). As far as social justice is concerned, Indian tribes are many a time subject to
atrocities. For instance, for crimes committed against members of Scheduled Tribes, of a total
pendency of 217 cases, trials were completed only for 70 cases of which only 2 cases ended in
conviction in the year 2006. For crimes committed against the Scheduled Tribes under the
Prevention of Atrocities Act, 1989, out of 5621 cases, only 40 cases were compounded by the
Government and finally 255 ended in conviction and as many as 4565 cases were still pending
by the end of year 2006 (Administrative Reforms Commission, 2007).
Issues related to Scheduled Tribes can be traced back to the problem of untouchability, which
emerged from the Hindu Varna or Caste system. The system is based on the division of people
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into social groups with each group assigned duties and rights determined by birth and are
hereditary. These rights and duties differ across various social groups and are unequal and
hierarchical. The distribution of rights and duties across various social groups is based on the
concepts of pollution and purity. The idea of superiority is attributed to pure and that of
inferiority to pollution. Thus, the system is based on the premise that the pure and polluted must
always be kept separate. Other aspects of the Caste system, such as rituals, occupations and food
habits are divided across social groups on the basis of pollution and purity (Centre for the Study
of Castesim, Law and Communalism). Typically, the Caste system consists of 4 varnas, namely,
Brahmins (priests), Kshatriyas (warriors), Vaishyas (merchants) and Shudras (untouchables).
The Shudras, forming the lowest rung of the Varna system have been treated as untouchables
and have been prescribed menial tasks. There was a large chunk of the Hindu population that
could not be fitted within the Caste system. Thus, jatis (sub castes) were created to bring people
under the umbrella of the Varna system. One of the jatis, named Chandala, constituted the forest
dwellers (tribes). The Chandals had been on duty on cremation grounds and lived on men’s
refuse. The Shudras (Scheduled Caste) and the tribal population (Scheduled Tribe) have been
treated in the same way by the upper caste Hindus. The inferior status of these sections has led to
their exclusion from a large range of activities, especially those that involve physical contact
with the upper castes. Over the centuries, therefore, this categorization has worked as a system
for legitimizing the oppression either for economic, social or political gains, or merely as an
accepted pattern of behavior (Centre for the Study of Castesim, Law and Communalism).
Today most schemes and Acts pertaining to the protection of the weaker sections of the society
aim to empower both Scheduled Tribes and Scheduled Castes. India has formulated and
implemented a number of Acts to protect the interests of the tribal population. Loopholes in the
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existing schemes and Acts have given rise to the formulation of the draft National Tribal Policy,
which would soon be a national policy through legitimization by the parliament. The paper aims
to lay down several important Acts and constitutional schemes that aimed to empower and
protect the interest of the Scheduled Tribes. Further, it also aims to bring out the flaws with
implementation and formulation of the provisions. Finally, it aims to propose an alternative
policy by taking into account various stages of policy making (formulation, legitimation,
implementation and evaluation).
Legislative History
India has witnessed a long legislative history pertaining to provisions and schemes for the
Scheduled Tribes and Scheduled Castes. Steps to protect SCs and STs began before
independence. The first penal ruling to abolish untouchability was introduced during the colonial
era in 1983 in the Madras legislature. Discrimination against the SCs and STs in public spaces
was made a cognizable offense, which attracted a fine and imprisonment up to six months. The
Bombay Harijan Temple Worship Act, 1947, promoted the right to enter temples and offer
worship. During this period, two other enactments were also passed namely the ‘Removal of
Social Disabilities Act, 1947’ and the ‘Hindu Social Disabilities Removal Act, 1948’, which
prohibited the practice of untouchability and sought to punish those who indulged in it (Centre
for Study of Casteism, Communalism and Law, 2003).
With the advent of independence, a pressing need for the protection of SCs and STs through
constitutional provisions emerged.
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Constitutional Schemes and Provisions
The Constituent Assembly debates recognized that a section of people in the Indian Society was
denied basic rights and had remained economically, socially and educationally backward. As a
result, this had created widespread disparities between them and the rest of the society and a
situation had emerged which pressed the need for special measures to uplift their status. This
understanding is reflected in the Constitution itself. Special provisions have been made for the
SCs and STs in Part-X of the Constitution. Article 14 provides that States shall not deny any
person equality before law or the equal protection of laws within the territory of India. Article 15
specifically touches upon the conditions of the SCs and STs. It states that the state shall not
discriminate against any citizen on grounds of religion, race, caste, sex, and place of birth.
Further, the State cannot deny them access to spaces that have been funded for use by the general
public. Lastly, it states that nothing shall prevent the State from making special provisions for
Scheduled Castes and Scheduled Tribes (Saxena, 2002).
Article 46 under the State Directive Principles provides that the State shall promote special care,
educational and economic interest of the weaker sections and specifically protect the SCs and
STs from all forms of exploitation and social injustice. The constitution provides with various
social safeguards to implement the objectives laid down in the Indian preamble. These
safeguards are contained in Articles 17, 23, 24 and 25 (2) (b). Article 17 is most important as it
abolishes untouchability and its practice in any form. The enforcement of any form of
untouchability has been made an offence punishable in accordance with the law (Saxena, 2002).
A range of Acts have been formulated and implemented in accordance with the provisions
enshrined in the constitution. Some of the most important Acts and provisions are:
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1) Protection of Civil Rights Act, 1955
2) Scheduled Tribes (Prevention of Atrocities) Act, 1989
3) The Panchayats (Extension to the Scheduled Areas) Act, 1996
4) Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006
5) Draft National Tribal Policy, 2016
Protection of Civil Rights Act, 1955
Under this Act, ‘Civil Rights’ has been defined as any right benefitting an individual by reason
of abolition of untouchability under Article 17 of the Constitution. The 1955 Act makes the
preaching and practice of untouchability or the enforcement of any disability a cognizable and
non-compoundable offense. Preventing a person from entering a place of worship on the ground
of untouchability has been made an offense. State Governments hold power to impose collective
fines on the inhabitants of any area found committing untouchability offences. The Act, along
with its rules and procedures ensured protection of the victims by providing special courts,
special prosecution, fixing period for investigation, etc. An important provision in the Act was
that public servants, who willfully showed negligence in the investigation of any offence
punishable under the Act, were to be deemed for abetting an offence punishable under the Act
(Centre for Study of Casteism, Communalism and Law, 2003).
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Scheduled Tribes (Prevention of Atrocities) Act, 1989
This Act has been the most significant provision made by the Indian Government. The Act has
been a result of the 1955 Civil Rights Act and its implementation continued until 2006. The
preamble to the enactment clearly states that the objective is to prevent atrocities against the
members of the Scheduled Castes and Scheduled Tribes, to provide for Special Courts for the
trial of offences and for the relief and rehabilitation of the victims of offences. This Act was
based on the realization that when the SCs and STs try to preserve their self-respect or honor of
their women, they become major irritants for the society. There had been an increase in atrocities
against the SCs and STs witnessed from the mass killings of helpless SCs and STs and rape of
women belonging to these sections (Centre for Study of Casteism, Communalism and Law,
2003). Unlike the 1955 Act that focused only on ending untouchability, the 1989 Act aimed to
end untouchability as well as all atrocities arising from untouchability. The Act had some salient
features that made it significant in the history of tribal policy making.
The Act did not define atrocity, but it listed down atrocities that would amount to an offence
under that Act. The listed included, forcing the eating of obnoxious substances, dumping waste
matter on land, wrongful occupation of land, dispossession, bonded labor, intimidation during
voting, mischievous litigation, false information, public information, outrage of modesty, sexual
exploitation, fouling of water resource, obstruction of energy to a public place, eviction from
habitation, mischief with explosives, destruction of buildings and suppression of evidence.
Offences of custodial rape, highway robbery and housebreaking became punishable with
imprisonment for life with fine under the Act. It made provision for minimum relief and
compensation to the victims of atrocities or to their legal heirs. The Act called for the
establishment of Special Courts to accelerate the trial of the cases registered under this Act. State
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Governments were required to set up special cells to examine the implementation of the Act. The
Act provides that a Police Officer not below the rank of a Deputy Superintendent of Police could
investigate offences committed under the Act (Centre for Study of Casteism, Communalism and
Law, 2003).
The Panchayats (Extension to the Scheduled Areas), 1996
The 1996 PESA is considered to be a landmark legislation that ensures involvement of tribal
communities in their empowerment not only as active participants but also as effective decisionmakers, implementers, monitors and evaluators. The Act provided for every village a Gram
Sabha consisting individuals belonging to a particular habitation or a hamlet. The Gram Sabha is
prescribed the duty to safeguard and preserve the traditions and customs of the people, their
cultural identity, community resources and the customary mode of dispute resolution. The Gram
Sabha has been made the governing body at the local level with the provisions to approve, fund
and implement plans, programmes and projects for social and economic development. The Act
provides for reservation of seats in the Scheduled Areas in every Panchayat. The reservation of
seats for Scheduled Tribes shall not be less than one-half of the total number of seats. The Act
gives power to the State Governments to nominate individuals belonging to STs that have no
political representation at the intermediate or district level (Administrative Reforms
Commission, 2007).
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Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006
To address the problems of tribal communities, who have always been dependent on forests and
to undo the historical injustice done to them by depriving them of their rights, the Ministry
introduced the Scheduled Tribes (recognition of Forest Rights) Bill, 2005 in the Lok Sabha. The
bill received the assent of the President in 2006 and came to known as the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The major rights
granted in this Act are the right to cultivate forest land under occupation, the right to own,
collect, use and dispose of minor forest produce, rights inside forests, which are traditional and
customary like grazing, etc. (Ministry of Tribal Affairs, 2006).
The Act is designed on the principles of The Panchayat (Extension to Scheduled Areas) Act,
1996. The 2006 Act gives Gram Panchayat the authority to determine the nature and extent of
individual or community forest rights that may be extended to the forest dwelling Scheduled
Tribes and other traditional forest dwellers within the limits of jurisdiction. The Forest Act, 2006
aims to establish self-governance (Ministry of Law and Justice, 2007).The Scheduled Tribes not
only plan, implement and monitor projects, but also manage and distribute resources. The Act is
emancipatory as it gives Tribes autonomy and power to govern their resources and themselves.
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Draft National Tribal Policy, 2016
For the first time after India became independent, the Indian Government is proposing the
formulation of a National Policy on Scheduled Tribes. The policy aims to bring the tribal
communities into mainstream society without affecting their distinct culture. The draft National
Policy is a holistic and all encompassing policy. The policy, being exclusively for the tribes,
addresses various problems that the tribal population is faced with today. The policy seeks to
address various aspects such as education, health, tribal displacement and resettlement, forest
villages, agriculture, tribal languages and tribal administration and assimilation.
An important aspect that the policy focuses on is upliftment of tribal women. Human
Development Index of the tribal population shows that the proportion of females compared to
males is very low. For instance, the child female to male-sex ratio showed a decline from 985
(per thousand males) in 1991 to 972 in 2001. Similarly, tribal females significantly lag behind in
education and health. The policy lays down special efforts to empower tribal females. The policy
seeks to initiate special literacy programmes with special focus on girls’ education. It also aims
to eliminate certain insidious practices such as witch craft, which is very prevalent among the
tribal population. By enabling certain regulations, the policy aims to discourage the migration of
tribal women to urban areas in search of low paid, domestic and menial work (Ministry of Tribal
Affairs, 2006). The policy seeks to redefine certain customary practices pertaining to ownership
and inheritance to foster gender equality.
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Appraisal of Tribal Policy
As far as evaluation of policies (existing and alternative) is concerned, certain criteria are of key
importance. The following sections dealing with evaluation of policies aim to examine policy
options on the basis of seven significant parameters, namely, effectivity, political feasibility,
social acceptability, administrative feasibility, technical feasibility, economic feasibility and
global human rights. Given the list of criteria, the most significant are effectivity and political
feasibility. From the above mentioned policies and Acts, it is clear that the aims and objectives
laid down in the documents needed an efficient implementation apparatus for the policy to be
effective. Effectivity of the policy plays an important role in determining the success of the
policy. Similarly, political feasibility is of key importance as the tribal policy places a huge
responsibility on the State and Central Governments to act to protect the interests of the tribal
population. Without political will, the policy would lose effectivity. Social acceptability,
administrative and economic feasibility are also of key importance. India has a tribal population
of about 137 million. Solutions devised to resolve tribal problems should be accepted by the
tribes. The policy, in no way, should disrupt tribal culture and knowledge. Social acceptability
would help avoid conflicts that may arise between the tribal population and the Government due
to ambiguous formulation of the policy. Administrative and economic feasibility go hand-inhand. The policy would require a large scale implementation, requiring resources, funds and man
power. Thus, the Government would have to allocate a large amount resources and man power to
meet the aims and objectives of the policy. Finally, it is important to examine that the policy
meets certain global human rights laid down by the United Nations as a general declaration to
protect the tribal population across the globe. This criterion is not as important as the others. This
is mainly because the rights laid down by the UN are general and not necessarily specific to a
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particular nation. Thus, Indian tribal policy would meet only certain rights that are relevant to the
nation’s context. Also many of the rights laid down in the declaration exist in India and thus, the
tribal policy would not necessarily focus on those rights.
Evaluating Existing Policies
Seven existing policy options have been evaluated. These include policy options from the 1955
Civil Rights Act to the 2016 draft National Tribal Policy. The seven options include abolishing
untouchability through fines and punishment, reducing atrocities through special courts, selfgovernance through the 1996 Act, rights over forest land, provision of basic amenities, fostering
gender equality through literacy programmes and involvement of NGOs to ensure tribal welfare.
The findings and analysis are in reference to table 1 in the appendix.
Effectiveness- The policy options- abolishing untouchability through punishment and fines and
reducing atrocities through establishment of special courts- in the 1955 and 1989 Acts have been
least effective in solving the tribal problem. Although the policy options were implemented, they
were not effective in reducing atrocities and discrimination against the tribes. The policy options
were not very effective in reducing atrocities against Scheduled Tribes. Although the policies
focused on Scheduled Tribes and Schedules Castes, most schemes and provisions protect the
interests of the SCs and pay no heed to the special needs of the STs. The 2006 policy gave the
tribal population exclusive rights over forest land. However, it did not turn out very effective
because major tribal states (Gujarat, Maharashtra and Rajasthan) could not implement the policy
in the desired fashion. As a result many tribes in these states do not have rights over forest land.
Provision of basic amenities and fostering gender equalities through literacy programmes as laid
down in the draft national policy seem to be significantly effective. Provision of roads, wells,
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housing, health centre, school, etc. in tribal villages would bring about equity and would be an
effective step towards integrating SCs into the mainstream society. Similarly, gender equality
within the tribal population has been long neglected. Fostering gender parity through special
education programmes would provide females with equal political, economic and social
opportunities. The 1996 Panchayat Extension Act facilitated self-governance among the STs.
They could plan, implement and monitor their projects and manage their own resources. Thus,
the Act is regarded as a landmark in the Indian Tribal Policy history. Finally, the involvement of
NGOs seems to be the most effective option in the draft policy. NGOs in various tribal areas can
easily reach the tribal communities and bring about a change. NGOs also reduce the burden on
the Government by participating in projects like upliftment of tribal communities.
Political Feasibility- As far as the 1955 and 1989 policy options are concerned, the political
feasibility to implement the options was low. State Governments showed no seriousness in
identifying areas affected by untouchability, thus, devising no plan to eliminate the practice.
There was very little known about the provisions of the Act. No periodical surveys were carried
out and most states did not have Special Courts and Special Public Prosecutor for hearings
(Saxena, 2002). Similarly, there was political reluctance in extending powers and autonomy to
the tribal communities. Extending local authority distorted State control over the tribes.
Extending rights over forest land created trouble as in states like Orissa mining land came under
the control of tribal communities preventing mining activities from occurring. This led to
disputes between the Government and mining companies as well as the tribal communities as
they claimed to be the occupants of the land. The draft policy provides for basic amenities for
tribal villages. There has been an increasing support and consensus among political actors to
provide basic facilities to tribal villages enabling their upliftment. A large chunk of the draft
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policy is dedicated to gender equality and raising the status of tribal females through education.
There has been an increasing Governmental support for uplifting females, especially the tribal
females. According to the draft policy NGOs cannot only reduce the burden on the Government,
but can easily reach out to the tribal communities and participate in the running of residential and
non-residential schools, hostels, dispensaries, hospitals, vocational training centers, awareness
programmes and capacity building, but in a manner that would ensure transparency (Ministry of
Tribal Affairs, 2006).
Social Acceptability- There has been minimal social acceptability for promoting gender equality
through education. Most tribal families are reluctant to sending their daughters to schools. They
want them to adhere to traditional customs and manage the household. Interestingly, there has
been low social acceptability for having Special Courts. This is mainly because most cases
pertaining to SCs and STs were pending until 2006. On the contrary, Special Courts prevented
social justice to the tribal communities. There has been a good level of social acceptability for
forest rights and provision of basic amenities. Due to the 2006 Forest Rights Act many tribes
across the nation have been able to retain their land and engage in their traditional agricultural
practices. Similarly, having basic amenities in villages would give them an easy access to the
mainstream society, catalyzing the integration process. Self-governance and involvement of
NGOs seem to be the most socially accepted options. Self-governance gives the tribal
communities to manage their own affairs. This would help them to continue with their traditions
and customs. Similarly, involvement of NGOs has social support because most volunteers would
be from among the community, thus, enabling upliftment of tribes in all aspects.
Administrative and Economic Feasibility- Administrative feasibility was the lowest for the 1955
and 1989 policy options. The police officers were unwilling to investigate in cases involving
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tribal atrocities. More than 5,000 cases were pending with the police and only about 70 cases
ended in conviction in 2006. Monitoring committees were not constituted. Meetings of
committees were not regularly held and the quality of prosecution was poor due to lack of
competition and motivation among the functionaries. The report prepared by the Ministry of
Social Justice and Empowerment contained only factual information without any meaningful
analysis of performance (Saxena, 2002). Economic feasibility for the 1989 policy option has
been lower than that of the 1955 policy option. This is mainly because the establishment of
Special Courts and Special Prosecution for SCs and STs required more manpower and funds than
just imposing fines on punishments. There has been low administrative feasibility for fostering
gender equality through education. The Government would not only require administrative
committees to monitor and review the implementation process, but it would also require having
teachers and other staff members to run schools in the villages. This poses a challenge for the
Government. Also, the Government would have to allocate a large sum of money to establish
schools and facilities to make education accessible for tribal females. This policy option poses
both economic and administrative challenges for the Government. There has been good
administrative and economic feasibility for establishing self-governance through Panchayats and
extending forest rights. The Government has established administrative committees and offices
at the local and district levels that look after the administration at the village level. These
committees and offices sanction funds when the need arises. Similarly, there are committees at
both the Central and State levels that monitor and review forest rights extended to the tribal
population. In the past few years the Government has been able to allocate timely funds for
projects and programmes carried out in tribal villages. Providing basic amenities is laid down in
the draft policy. The Government has carried out many such projects in the past by giving local
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authorities such as municipalities the responsibility to monitor Government projects. Similarly,
the Block level offices can be given the responsibility to monitor Government projects at the
village level. The Government may face a problem in allocating funds in providing basic
amenities. Provision of basic facilities would bear operations and maintenance costs, thus,
financially burdening the Government.
Technical Feasibility- Technical feasibility was lowest for policy options in the 1955 and 1989
Acts. There was no record keeping. The administrative staff did not have technical facilities to
trace the implementation of the Act. As a result, most cases were pending and the reports lacked
analysis of Governmental performance. The Government may face issues of technical feasibility
in establishing schools and launching programmes for tribal women. The Government would
require establishing good infrastructure and other technical facilities to ensure the sound
implementation of this policy option. In this case, issues of technical feasibility would arise from
lack of economic feasibility. There has been a good level of technical feasibility for the 1996 and
2006 Acts. Committees and offices that monitor the implementation of the two Acts are well
equipped with technical facilities to keep a track of funding, management of resources,
programmes and projects initiated by the tribal villages. There is good technical feasibility for
providing basic amenities according to the draft policy. The Government can provide with
existing facilities to create basic services for tribal villages. E-governance can play a vital role in
making the policy effective. E-governance would enable tribal communities to participate in
political process and demand Government services. As far as participation of NGOs is
concerned, NGOs have their own system of administration and monitoring activities. The
Government has minimal role in administering NGOs and thus, no technical apparatus is
required to monitor the functioning of NGOs.
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Global Human Rights- The 1955 and 1989 policy options failed to meet the rights laid down in
the declaration. The Acts just focused on eliminating untouchability and atrocities against the
tribal population. The Acts had no provision to secure or protect the interests and culture of the
SCs. The Acts focused mainly on STs and protecting their interests. Providing them with basic
amenities and participation of NGOs in ensuring their upliftment, meet certain rights enshrined
in the declaration. These rights include, right to security, right to equal access to resources and
most importantly the integration of the tribal communities with the rest of the society. Fostering
gender equality through literacy programmes for females meets the provisions under Article 22
of the UN Declaration. The Article states that nations need to pay attention to the special needs
of women, children and individuals with disabilities. It is also binding on the nations to protect
these persons against discrimination and violence (United Nations, 2008). The 2006 Forest
Rights Act and the 1996 Panchayat Extension Act have effectively met the rights laid down in
the Declaration. Both the policy options meet the provisions under Article 4 of the Declaration.
The Article states that indigenous peoples have the right to autonomy or self-Government in
matters relating to their internal and local affairs, as well as ways and means for financing their
autonomous functions (United Nations, 2008). These Acts have given them political, social,
cultural and economic representation.
On evaluating the existing policy options, it was found that the best option is the involvement of
NGOs in ensuring the welfare of tribal communities. The policy option has received the highest
score (Refer to Table 1).
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Evaluating Proposed Policy Alternatives
The findings and analysis are in reference to table 2 in the appendix.
In addition to some of the best existing policy options, a few alternative policy options could
yield a comprehensive tribal policy. The paper proposes four alternative policy options. These
include the establishment of Grameen banks in tribal villages. These banks would be accessible
by the tribal communities. The Grameen Banks would lend loans at low interest rates. The other
policy option is to integrate the tribal handicrafts market with the national markets. This would
lead to a standardization of prices of traditional handmade goods, thus adding value to the
commodities. This integration would bring the tribal communities into the organized labor
sector, making them beneficiaries of policies pertaining to the organized labor sector. The third
policy option is the establishment of Primary Healthcare Centers in tribal villages. The draft
policy provides for improving the allopathic system for the tribal communities. However, many
remote tribal villages lack basic health facilities and are located far away from hospitals.
Malnourishment and stunted growth mostly prevail within the tribal population. Primary Health
Care Centers should provide basic medicines and vaccines for the tribal communities. The fourth
policy option is funding special agricultural programmes for tribes. Tribes in India have mainly
been engaged in non-sedentary forms of agricultural practices such as shifting cultivation. With
the shrinking of forest land, shifting cultivation is not a feasible option. Thus, the government
can fund special programmes that would promote alternative agricultural practices that the tribes
could take up for livelihood.
Effectiveness- Both policy options, establishing Grameen Banks and integrating handicrafts
markets with the national market would be effective. The establishment of Grameen Banks
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would reduce indebtedness within the tribal population and the integration of handicrafts markets
with the national market would create greater number of economic opportunities for the tribal
communities. The least effective would be implementing special agricultural programmes. There
has been a resistance within the tribal population to shift from traditional agricultural practices
and adopt new ones.
Political Feasibility- There seems to be a great amount of political feasibility for integration of
handicrafts markets. This is mainly because the integration of handcrafts markets with the
national market would lead to a standardization of prices for handicrafts, which would also
account for the total GDP of the nation, thus, giving a clearer picture of the economic growth of
the country. The Ministry of Handicrafts can integrate with Ministry of Tribal Affairs for the
integration process. There is a great deal of political feasibility for special agricultural
programmes and establishing Health Centers. Agricultural programmes would lead to economic
growth and healthcare centers would be efficient in providing basic healthcare facilities. There is
lesser political feasibility for Grameen Banks. Setting up banks is time consuming and thus, it
does not muster much political will and support as outcomes are not immediate.
Social Acceptability- There is maximum social acceptability for Grameen Banks and Primary
Healthcare Centers. Borrowing at lower interests from Grameen Banks would reduce
indebtedness and basic health facilities would help resolve issues of malnourishment and child
stunting. There is least social acceptability for special agricultural programmes because of
resistance against adoption of alternative agricultural programmes.
Administrative Feasibility- There is maximum administrative feasibility for integration of
handicrafts into the national market. The Ministry of Tribal Affairs and the Ministry of
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Handicrafts could come together to allocate manpower, equipment and other facilities for the
implementation of the policy option. There is good amount of administrative feasibility for
special agricultural programmes and Primary Healthcare Centers. The Ministry of Tribal Affairs
can integrate with Ministries of Agriculture and Health respectively to muster capacity and
support for implementation. There is least administrative feasibility for Grameen Banks. This is
because the Government would require creating a large number of agencies and providing with
facilities and equipment to carry out the implementation.
Economic Feasibility- There is maximum economic feasibility for integration of the handicrafts
markets into the national market. This is because this policy option would require minimum
allocation of funds for implementation. Also, this option is the most profitable for the
government. Nationalization of handicrafts markets would increase the Government’s revenue.
There is least economic feasibility for creation of Grameen Banks and Primary HealthCare
Centers. This is mainly because the Government would have to allocate funds in buying
equipment, providing infrastructure and other facilities in every tribal village. These policy
options do not necessarily contribute to the Government revenue.
Technical Feasibility- There is maximum technical feasibility for implementing special
agricultural programmes. Like many other agricultural programmes, the Government has experts
and technical personnel to implement this policy option. Governmental Organizations such as
National Bank for Agriculture and Rural Development (NABARD) can contribute towards the
successful implementation of this policy. There is least technical feasibility for integration of
handicrafts market into the national market as this would require the creation of technical
expertise to support the implementation of this policy option.
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Global Human Rights - A large section of the UN Declaration on Rights of Indigenous Peoples is
based on providing basic health facilities to the tribal communities. Thus, the policy option,
creation of Primary Healthcare Centers would meet the Global Human Rights criteria more than
the other policy options. The problem of indebtedness within the tribal communities is a
condition very specific to India. The creation of Grameen Banks is mainly to tackle that issue,
but it is not very relevant in terms of meeting Global Human Rights. The other two policy
options are aimed at economic growth and providing economic opportunities to the tribal
communities and thus, meet some of the provisions laid down in the general Declaration.
On evaluating the proposed policy options, it was found that the best option is the integration of
handicrafts markets with the national market. The policy option has received the highest score
(Refer to Table 2).
Policy Formulation, Legitimation and Implementation
A comprehensive policy would require to be based on certain objectives, guiding principles and
strategies for implementation. The tribal problem is vast and its resolution would require a multidimensional policy, bearing possible solutions to the problem. The policy should be responsive
to both the real and perceived needs of the target group. A comprehensive formulation of the
tribal policy would also require examining the existing options and integrate them with the
proposed ones. Thus, the best existing option (involvement of NGOs) and the best proposed
option (integration of handicrafts market into the national market) should be merged together to
formulate a robust policy. NGOs as well as Governmental Organizations such as NABARD can
play a vital role in monitoring the implementation of the policy option. Such an alternative would
widen the scope of the policy across the nation.
Khorakiwala 22
Policy legitimation would require the concerned ministries (Ministry of Tribal Affairs and
Ministry of Handicrafts) to prepare the draft policy carrying all the details and objectives and
present it in both the Houses (Lok Sabha and Rajya Sabha). The bill would require two-third
majority of both the Houses to become an Act or policy. An increased majority would imply an
increased political will to implement the policy. Finally, the bill would be signed by the
President for it to become a law.
The success of a policy is contingent upon its effective implementation. This would be possible
if the various State and Central Governments, Ministries and Departments and other public
agencies involved function in a coordinated and cohesive manner. A periodic review of
implementation is therefore essential to ensure accountability of the different public agencies
responsible for implementation and to reveal the practical difficulties in implementation. The
government would have to take up several policy instruments of implementation. The
government could initiate a few solutions through education, information and persuasion. The
Government could educate the tribal communities and persuade them to behave in a certain way.
Similarly, the Government could use regulation and impose fine and imprisonment on those who
discriminate against the SCs. Thus, the success of implementation would depend on the
instruments that the Government chooses.
Barriers to implementation may arise from a number of factors. The tribal policy would fail due
to weak political support. Political feasibility is essential in ensuring success of a policy. If the
Government and bureaucrats show poor interest in execution, the tribal policy is most likely to
fail. The policy may also fail due to poor design and ambiguity in the content. The goals and
objectives need to be clearly laid down and all concerns should be addressed. The policy may
also face barriers in terms of fund limitations. The Government would need to prioritize the tasks
Khorakiwala 23
and allocate funds and resources accordingly. There would also be a need to maintain a record of
funds allocated to implementing various tasks laid down in the policy. Finally, the policy is
likely to fail if there is poor specification of roles and responsibilities. All the concerned
departments and ministries should be assigned their roles and responsibilities so that
accountability and transparency in the implementation process is maintained.
Khorakiwala 24
Bibliography
Administrtive Commission Reforms. (2007). Issues Related to Scheduled Tribes. New Delhi.
Centre for Study of Casteism, C. a. (2003). Study on performance of Special courts set up under the SC ST
Prevention of Atrocity Act. Bangalore, Karnataka, India.
CENTRE FOR THE STUDY OF CASTEISM, COMMUNALISM AND THE LAW. (2010). EVALUATION OF THE
PROTECTION OF CIVIL RIGHTS ACT, 1955 AND ITS IMPACT ON THE ERADICATION OF UNTOUCHABILITY.
Bangalore, Karnataka, India.
Justice, M. o. (2006, December 29). The Scheduled Tribes and other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006. New Delhi, India.
Ministry of Tribal Affairs. (2007). Annual Report 2006-07. New Delhi: Ministry of Tribal Affairs.
Ministry of Tribal Affairs. (2006). The National Tribal Policy. New Delhi, India.
Saxena, K. (2001). Report on Prevention of Atrocities Against SCs & STs. New Delhi: NHRC.
United Nations. (2008). United Nations Declaration on the Rights of Indigeneous Peoples. Washington
DC: United Nations.
Khorakiwala 25
Appendix
Table 1
Existing Policy
Options
Effectivity Political
Social
Administrative Technical
20%/0.2
Feasibility Acceptability Feasibility
Feasibility
20%/0.2
15%/015
15%/0.15
10%/0.10
Economic
Feasibility
15%/0.15
Abolishing
Untouchability
through Fines and
Punishments
Reducing Atrocities
through Special
Courts
Self-Governance at
the Panchayat
Level
Rights Over Forest
Land
1.5
1
6
1.5
1.5
4
Global
Human
Rights
5%/0.05
1.5
Score=0.3
Score=0.2
Score=0.9
Score=0.225
Score=0.1
Score=0.6
Score=0.75
1.5
2.5
2
1.5
1.5
2
1.5
2.475
Score=0.3
6
Score=0.5
2.5
Score=0.3
6
Score=0.225
4.5
Score=0.1
5
Score=0.3
6
Score=0.75
6
4.165
Score=1.2
3
Score=0.5
4
Score=0.9
3.5
Score=0.675
4.5
Score=0.5
5
Score=0.9
5
Score=0.3
7
4.2
Score=0.6
4.5
Score=0.8
5
Score=0.525
3.5
Score=0.675
6
Score=0.5
7
Score=0.75 Score=0.35
2
3.5
Score=0.9
4.5
Score=1
6
Score=0.525
1
Score=0.9
3
Score=0.7
3
Score=0.3
2
Score=0.175
5
4.4
Score=0.9
Score=1.2
Score=0.15
Score=0.45
Score=0.3
Score=0.3
Score=0.25
7
Score=1.4
7
Score=1.4
6
Score=0.9
7
Score=1.05
5
Score=0.5
7
3.5
6.475
Score=1.05 Score=0.175
Provision of Basic
Amenities
Gender Equality
through Special
Literacy
Programmes for
Females
Involvement of
NGOs
**Note- Maximum score indicates higher feasibility and acceptability for the policy option
Bottom Line Summary: Best Option is the Involvement of NGOs in ensuring Tribal welfare.
Overall
Score
3.075
4.5
Khorakiwala 26
Table 2
Policy
Alternatives
Grameen
Banks
Effectivity Political
Social
Administrative Technical
Feasibility Acceptability Feasibility
Feasibility
Economic
Feasibility
20%/0.2
3.5
15%/0.15
1.5
20%/0.2
1
15%/0.15
3.5
15%/0.15
1
10%/0.10
3
Score=0.7 Score=0.2 Score=0.525 Score=0.15
Score=0.3 Score=0.225
Integrating
3.5
4
4
4
1
4
Handicrafts
Market with
National
Score=0.7 Score=0.8 Score=0.6
Score=0.6
Score=0.10 Score=0.6
Market
Primary
2
2.5
3.5
2.5
2
1.5
Health Care
Centers
Score=0.4 Score=0.5 Score=0.525 Score=0.375
Score=0.2 Score=0.225
Special
1
2.5
1
2.5
4
3
Agricultural
Programmes Score=0.2 Score=0.5 Score=0.15
Score=0.375
Score=0.4 Score=0.45
**Note- Maximum score indicates higher feasibility and acceptability for the policy option
Global
Human
Rights
5%/0.05
1
Score=0.05
2.5
Overall
Score
2.15
3.525
Score=0.125
4
2.425
Score=0.2
2.5
2.2
Score=0.125
Bottom Line Summary:Best Option is to establish Primary Health Care Centers in ensuring Tribal Welfare