http://www.ansi.gov.in/download/journal-final.pdf
Thursday, October 10, 2013
Dr Caroline Dyer's Publications-
Dr Caroline Dyer's Publications
Books
- (2010) Children as decision makers in education. Continuum International Publishing Group.
Read abstract… - (2006) The education of nomadic peoples.
Read abstract… - (2006) The education of nomadic peoples : current issues, future prospects. Berghahn Books.
Chapters
- (2009) “Language, literacy and social equity in Indian government schools”, Language and Power, Brock-Utne B; Garbo G (eds.). Mkuki Na Nyota Pub.
Read abstract… - (2009) “Schooling and the Rabaris of Kacchch in India: the need for change”, Traveller, nomadic, and migrant education, Danaher PA; Kenny M (eds.). Taylor & Francis.
Read abstract… - (2007) “Schooling and social reconstruction in North West England”, Education, Conflict and Reconciliation. International Perspectives, Leach F; Dunne M (eds.). Education, Conflict and Reconciliation. International Perspectives.
Read abstract… - (2006) “With God's Grace and with Education, We Will Find a Way: Literacy, Education and the Rabaris of Kutch, India”, The Education of Nomadic Peoples, Dyer C (eds.). Berghahn.
Journal Articles
- (2012) “Formal education and pastoralism in western India: Inclusion, or adverse incorporation?”, Compare. 42.2: 259-281.
Read abstract… - (2012) “Education and inclusion: Re-examining the narratives”, Compare. 42.2: 177-185.
- (2010) “Education and social (in)justice for mobile groups: re-framing rights and educational inclusion for Indian pastoralist children”, EDUC REV. 62.3: 301-313.
- (2008) “Literacies and discourses of development among the Rabaris of Kutch, India”, J DEV STUD. 44.6: 863-879.
- (2007) “Working children and educational inclusion in Yemen”, INT J EDUC DEV. 27.5: 512-524.
- (2005) “Schooling, governance and 'progress' for the Rabaris of Kutch, India”, Geography Research Forum. 25: 14-27.
Read abstract… - (2005) “Decentralisation to improve teacher quality? District Institutes of Education and Training in India”, Compare. 35.2: 139-152.
- (2005) “Education, community councils and the idea of 'progress' among the Rabaris of Kutch”, American Academy of Political and Social Science. Annals. 20.4: 237-257.
Read abstract… - (2005) “Decentralisation for educational development? an editorial introduction”, Compare. 35.2: 105-114.
- (2004) “Knowledge for teacher development in India: the importance of 'local knowledge' for in-service education”, International Journal of Educational Development. 24.1: 39-52.
- (2002) “Democratising Teacher Education Research in India”, Comparative Education. 38.3: 337-351.
- (2001) “Nomads and Education For All: education for development or domestication?”, Comparative Education. 37.3: 315-327.
- “Scaling-up successfully: Pathways to replication for educational NGOs”, International Journal of Educational Development.
Read abstract… - “Early years literacy in Indian urban schools: structural, social and pedagogical issues”, Language in Education. [Accepted]
Read abstract…
Reports
- (2008) Chronic Poverty and Education: a review of the literature.
- (2004) District Institutes of Education and Training: A Comparative Study in Three Indian States. Department for International Development.
Reference
http://www.polis.leeds.ac.uk/about/staff/dyer/publications.php
Contact Details
- Tel: 0113 343 4402
- Fax:0113 343 4400
- Email: c.dyer@leeds.ac.uk
Contact Details
- Tel: 0113 343 4402
- Fax:0113 343 4400
- Email: c.dyer@leeds.ac.uk
Conferences and Semiars Held on Issues of Denotified and Nomadic Tribes in India
Reference and Links
Bangalore-2012/2011
http://www.nls.ac.in/csseip/FinalScheduleNomads.pdf
Bangalore-2012/2011
http://www.nls.ac.in/csseip/FinalScheduleNomads.pdf
Livelihood challenges to nomadic tribes- THE HAVADIGAS and QALANDARS from Karnataka
LIVELIHOOD
ISSUES
Tenuous lives
Tenuous lives
At Hulihaidar village in Karnataka's Koppal district, which has been home to Qalandars for several centuries. The community is in limbo with bear-taming made illegal and no new jobs in sight.
AT a short distance from the world famous monuments
at Hampi is the village of Hulihaidar in the fertile region of the
“rice bowl of Karnataka” in Gangavathi taluk in Koppal district.
Local residents say it was an important town in the Vijayanagara
empire (1336-1646 C.E.) and the seat of a local lord. Today it is
home to a semi-nomadic tribal community that tamed bears and used
them for street performances. These tribal families are believed to
have first settled in Hulihaidar during the Vijayanagara period.
They would travel around, plying their street trade,
for 10 months in a year. For the remaining two months – before and
during the Islamic month of Moharram – they would stay put in
Hulihaidar, having grand religious and cultural celebrations with
their brethren. The community is known as the Qalandars, and similar
communities of Qalandars are spread across the country. (Qalandar, in
Islamic terminology, usually refers to a Sufi saint, but it seems to
have been used by this community historically. Sometimes it is also
spelt as Kalandar.)
The street performers were forced to settle down
when their bears were seized under the Wildlife Protection Act (WPA),
1972. The confiscations began in the 1990s, when the issuance of
licences was stopped, and continued until 2006 when the last bears
were taken away. Members of the community say that they are barely
able to survive. Almost all of them are illiterate and do not possess
any agricultural land and have become casual agricultural and factory
labourers. “We understand that we are not supposed to work with
bears and have surrendered them, but we have not been offered any
support from the government in the form of alternative livelihood,”
said Shamad Ali, a Qalandar from Bear Lane in Hulihaidar. According
to Shamad Ali, there are 125 households of Qalandars in the village
with their family sizes ranging from five to 18. The largest
community in the village is that of the Nayaks, a numerically strong
Scheduled Tribe (S.T.) community spread across the region. Relations
between the Qalandars and the Nayaks are nor particularly amicable.
The Qalandars allege that the Nayak-dominated panchayat has meddled
with the issuance of Below Poverty Line (BPL) cards to them.
Qalandars also reside in Mangalpura village in
Gangavathi taluk of Koppal district (30 households according to a
report by the Centre for the Study of Social Exclusion and Inclusion
Policy, or CSSEIP, at the National Law School of India University, or
NLSIU, in Bangalore) and in Hampinakatte village (54 households) in
Hospet taluk in adjoining Bellary district. In all, there are an
estimated 489 Qalandar households across Karnataka.
THE HAVADIGAS
Similar is the plight of the Havadigas, a nomadic
community that works with snakes (the word havu means snake in
Kannada). In other parts of India, tribes working with snakes are
known as Saperas and they are in a similar situation. With the strict
implementation of the laws to protect wildlife, their snakes are
regularly confiscated, and community members say they are harassed by
wildlife officials. The largest community of these snake charmers in
Karnataka lives in Bangalore, in a slum called Havadiga colony.
They told Frontline that they were not being
allowed to work even with rat snakes, which are aplenty in wooded
areas across Bangalore. Abdul Mastan, a young man in his late
twenties, said: “We are basically magicians, using sleight of hand
tricks to entertain audiences, but we need snakes to attract a
crowd.” He later did an impromptu performance using minimal
accessories, including a large basket and a bedsheet, in which a
child was made to disappear and then reappear. The snakes were
missing, of course.
Syed Shabeer, another Havadiga, said they did not
have pucca houses to live in. “We have been living in this plot of
land allotted by the Bangalore Slum Development Authority for the
past 10 years. Before that we were a nomadic community,” he said.
There are 100 households in the colony. Significant clumps of
Havadigas reside in other parts of Bangalore and elsewhere in
Karnataka. Informal estimates put their number at 371 households.
Many Havadigas have become street vendors and sell flutes and crude
dotaras (mandolin).
According to a report titled “Law and Loss of
Livelihood: The Havadigas and Qalandars of Karnataka” by Ajit Kumar
and Nadim Nikhat, both researchers with the CSSEIP, the strict
implementation of wildlife laws has left these two communities high
and dry. Rehabilitation has been inadequate, and members of the
community have now become part of India's vast informal market
economy with irregular incomes. To add to their woes, these two
communities, who are Muslim, are not classified as Scheduled Caste
(S.Cs) or S.Ts though their socio-economic condition and their
historical lack of access to avenues for development should mark them
out as targets for policies of affirmative action and other state
benefits. While the Havadiga community is listed as an OBC (Other
Backward Classes), the Qalandars do not even figure on this list,
which is anomalous because several thriving castes in Karnataka are
listed as OBCs.
Some civil society activists say the wildlife laws
are insensitive to traditional trades and do not address the issue of
livelihood for communities that lose their traditional means of
income. The right to livelihood, they point out, finds mention in the
Directive Principles of State Policy. Besides, the rights of
indigenous people have been recognised under the United Nations
Declaration on the Rights of Indigenous People, which was adopted by
the General Assembly in 2007.
A journalist who grew up in the city of Bellary
remembers the Qalandars well. He said: “As a child, I remember them
bringing their bears to jatras [fairs], and they were surrounded by
an excited crowd of children and families. They also distributed
amulets.”
The plight of these two communities is part of a
larger struggle by the nomadic and denotified tribes across Karnataka
and India, and they should be offered commensurate benefits. The main
grouse of activists is that members of the nomadic tribes do not have
a sense of identity as they are grouped under a number of categories
in different States for the sake of affirmative action benefits. Many
severely backward communities who are essentially nomadic have not
been categorised as S.Cs, S.Ts or even OBCs.
HAVADIGAS, who lost their livelihoods after possessing snakes became illegal, at a demonstration outside Aranya Bhavan, Karnataka's Forest Department office, in Bangalore demanding that all cases filed against members of the tribe be dropped. A file photograph.
CONSERVATION VERSUS LIVELIHOOD
Implementation of two important Central acts – The
Prevention of Cruelty to Animals Act, 1960, and the WPA – has
resulted in the Qalandars and the Havadigas being denied the freedom
to work with bears and snakes. Subsection 3 of Section 39 of the WPA
declares wild animals to be government property and does not allow
“possession, custody or control” of wild animals without the
permission of the Chief Wildlife Warden of the State. According to
the CSSEIP report, the Bombay Prevention of Begging Act, 1959, which
makes it illegal for anyone to possess wild animals, is also invoked
to book cases against members of these communities. Police and Forest
Department officials use these legal provisions to seize animals with
the assistance of non-governmental organisations (NGOs). In fact,
some NGOs have been instrumental in leading the campaign against
Qalandars and have also provided an alternative home for seized bears
in Bannerghatta in Karnataka.
According to an article in the Economic &
Political Weekly of October 20, 2007 (Meena Radhakrishna, “Civil
Society's Uncivil Acts: Dancing Bear and Starving Kalandar”), the
campaign against Qalandars in Haryana had left the community in the
doldrums. It also points out how there have been campaigns against
the Saperas, the Bahelias (tribes who work with birds) and the
Madaris (tribes who work with monkeys). These communities are not on
the S.C. or S.T. list but are categorised as OBCs in many parts of
the country.
Kartick Satyanarayan, co-founder of the NGO Wildlife
SOS, said it was wrong to blame conservationists for the plight of
the Qalandars. Speaking to Frontline, he said: “We informed
the Qalandars that working with bears was illegal and helped many of
them to secure bail when they were arrested for possessing bears. As
an NGO involved in conservation issues, we were concerned about bears
but we have done a lot for the welfare of the Qalandar community.”
To every family that surrendered a bear Wildlife SOS provided
Rs.50,000. The Qalandars of Hulihaidar acknowledge this help but
point out that the amount was inadequate and is long gone.
Satyanarayan said neither the State nor the Central government had
done anything to aid the rehabilitation process.
Over the past few years, Karnataka has seen a
fledgling movement to organise nomadic tribes such as Qalandars and
Havadigas and even those that do not use animals. Each tribe has a
few thousand members, and the tribes are spread across various
reservation categories; physically, they are spread thinly across the
State. This movement is part of a broader national movement to
organise nomadic, semi-nomadic and denotified tribes. (Denotified
tribes are those tribes that were classified as criminal under the
Criminal Tribes Act, 1871.)
A Qalandar home at Hulihaidar. Members of the tribe do not have agricultural land, and most of them work as casual labourers.
According to several scholarly studies, peripatetic
communities of traders, artisans and entertainers have always existed
on the Indian subcontinent. Endogamous in nature and stubborn
legatees of ancient vocations, these nomadic tribes still live on the
margins of modern societies. According to an article in the Economic
& Political Weekly of January 12, 2002 (Milind Bokil, “Denotified
and Nomadic Tribes: A Perspective”), the foremost problem of this
group of people is that of correct classification and categorisation
as they do not make it to any of the scheduled constitutional
categories. It also mentions how, because of their itinerant nature,
they do not have a link with the social space of settled society, a
fact that needs to be taken into account for any rehabilitation plan
to work.
Balagurumurthy, president of the Nomadic Tribes
Mahasabha, Karnataka, agrees that the foremost problem is that of
‘identity'. “With incorrect classification across the country and
scattered members, there is no sense of belonging for the people of
these communities,” he said. Balagurumurthy is trying to organise a
collective of 33 nomadic tribes in Karnataka and make them aware of
their rights. He is the first graduate from the Budga Jangamma
nomadic tribe in Karnataka.
He also points out another serious problem that
exacerbates identity issues. Some nomadic tribes are known by several
synonyms, and while one of them might be on the S.T. list, their
synonyms may have found their way to the OBC list. “When benefits
are sought under the S.T. quota, they are told that they are OBCs,”
he said. He cited examples of nomadic tribes that find mention in
both the S.T. and OBC lists in Karnataka – the Shillekyata
(performers with puppets), Budga Jangamma (street musicians),
Hakkipikki (bird trappers), Sudugadu Sidda (street magicians),
Sindollu (self-flagellators), Chinnadasar (conch blowers), Gantichor
(pickpockets) and Handijyogi (pig rearers).
“There was an enumeration done in 1965, on the
basis of which these nomadic tribes have been classified, but that
classification is useless and outdated now,” he said. He added that
the problem of the nomadic tribes, who number close to 150 million
across the country, could be solved only if a proper census of the
communities was undertaken and the Constitution was amended to
incorporate a separate schedule for nomadic tribes.
The demand echoes the recommendation of the National
Commission for Denotified, Nomadic and Semi-Nomadic Tribes (NCDNSNT),
which submitted its report to the Prime Minister in 2008. The
commission also recommended reserving 10 per cent of government jobs
for the DNSNT (on the basis of their population, which was estimated
to be 110 million). However, the Ministry of Social Justice, under
whose aegis the National Commission was set up, expressed “strong
reservation” against a new quota.
B.C. PANEL REPORT
The rights of nomadic tribes were endorsed by C.S.
Dwarkanath, former Chairman of the Karnataka Backward Classes
Commission, who submitted a report in 2010 to the State government
towards the end of his tenure. The report was written after a
detailed study of 15 nomadic tribes, including the Qalandars and the
Havadigas, which was undertaken for the first time. While pointing
out how traditional livelihoods of many of these communities were
under threat, it made several recommendations, including the setting
up of a State Commission for Nomadic Tribes. It also made out a
strong case for a detailed socio-economic survey, grant of
agricultural land and the provision of special packages to address
the specific problems of these tribes.
A careful consideration of the report, which is
lying idle with the State government, may be useful. As a first step,
the Central government needs to undertake a through enumeration and
classification as it would help community members gain a sense of
homogeneity and identity. A clear estimate would also help in drawing
up policy measures.
Back in Hulihaidar, Qalandar S. Ismail was
despondent over the absence of income opportunities. “Please write
that we need some land that we can call our own so that we can grow a
few crops,” he pleaded. The Havadigas had a different request. “All
we need is a licence from the wildlife department for possessing one
rat snake so that we are not harassed any more. Our lives have become
hell,” said Babe Saib, an elderly snake charmer.
Reference
http://www.frontline.in/navigation/?type=static&page=flonnet&rdurl=fl2904/stories/20120309290409500.htm
Tuesday, October 8, 2013
Libraries and Archieves in South Asia
https://coral.uchicago.edu/display/lasa/Mumbai
Mumbai |
Also known as Bombay
- Akhil Bharat Sindhi Boliain Sahitya Sabha (Mumbai, India)
- Anantacharya Indolofical Research Institute (Mumbai, India)
- Anjuma-i-Islam Urdu Research Institute (Mumbai, India)
- Asiatic Society (Mumbai, India)
- Asiatic Society of Bombay (Mumbai, India)
- Asiatic Society of Bombay Library (Mumbai, India)
- Bhartiya Vidya Bhawan (Mumbai, India)
- Bombay Natural History Society Library (Mumbai, India)
- Bombay University (Mumbai, India)
- Center for Studies in Decentralised Industries (Mumbai, India)
- Centre for Education and Documentation Library (Mumbai, India)
- Forbes Gujarati Sabha (Mumbai, India)
- Heras Institute of India History and Culture, St. Xavier's college (Mumbai, India)
- Heras Institute of Indian History and Culture (Mumbai, India)
- International Institute for Population Studies (Mumbai, India)
- Jai Hind College Library (Mumbai, India)
- Jama Masjid Trust Library (Mumbai, India)
- KR Cama Oriental Institute (Mumbai, India)
- KR Cama Oriental Research Institute Library (Mumbai, India)
- Maharastra State Archives (Mumbai, India)
- Marathi Samsodhan Mandal, Marathi Grantha Sangrahalaya (Mumbai, India)
- Petit, J. N., Institute Library (Mumbai, India)
- Prince of Wales Museum of Western India (Mumbai, India)
- Princes of Wales Museum and Western India (Mumbai, India)
- Secretatiat Record Office, Elphistone College building (Mumbai, India)
- Smt. Nathi Bai Damodar Thakarsey women's University Library (Mumbai, India)
- SNDT Women's University Library (Mumbai, India)
- Sound & Picture Archives for Research on Women (SPARROW)
- Tata Institute of Fundamental Research Scientific Information Resource Centre (Mumbai, India)
- Tata Institute of Social Sciences (TISS) Library (Mumbai, India)
Monday, September 23, 2013
M.A. Admissions 2014 - 2016
M.A. Admissions 2014 - 2016
TISS ANNOUNCES Admission to the 2014-16 batch for it's Full-Time (Regular) Post-Graduate Degree Programmes
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For any assistance call Helpline: 022 - 25525252Kalidas Shinde
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Tuesday, September 10, 2013
Recommendations for Denotified and Nomadic Tribes
The Working Group Draft Recommendations
The Draft Recommendations are organized into five broad categories
1. Legislative action
2. Policy input
3. Institutional arrangements
4. Programmatic/ schematic strengthening and targeting
5. Administrative measures
It
is also clarified that these recommendations would need to be
implemented by various Ministries of the Government of India and the
State Governments.
3.1 Legislative action
a) Introduce
a new legislation on the lines of the 1992 Statute on Minorities so
that the Denotified Communities can be explicitly recognized.
b) Introduce
a new legislation: similar in scope and spirit to the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in order to
deal with different kinds of offences and atrocities against the DNTs.
c) Abolish
the Habitual Offenders’ Act, 1952. This Act which is similar in spirit
to the repealed Criminal Tribes Act of 1871 should be abolished as a
first step towards de-criminalization of DNTs and prevention of
atrocities by police.
d) Revisit
existing Acts: to ensure that the safety and livelihood opportunities
of DNT communities are protected and promoted adequately.
- The Prevention of Begging Act 1959: Re-examine definitions relating to criminalization of certain categories of DNTs.
- The Bombay Prevention of Begging Act 1959: Re-examine this and similar laws in urban areas all over the country that target street performing nomadic communities such as acrobats, tight rope walkers, dancers and singers.
- Prevention of Cruelty to Animals Act, 1986: Re-examine provisions of this Act that prohibit nomadic communities to engage in street entertainment with the help of animals like bears, monkeys, birds, snakes etc.
- Wildlife Protection Act, 1972 and the Forest (Conservation) Act, 1980: Re-examine provisions that have adversely affected forest and DNT communities. Rules prohibiting grazing of cattle; collection of forest produce, fishing in the forest ponds, hunting of small game for their food requirements, growing of staple food through shifting cultivation by nomadic communities need to be reviewed.
- Excise laws: Revisit provisions in excise laws that prevent brewing and selling of traditional liquor.
3.2 Policy input
Special
DNT sub-plan: A special package and sub-plan is needed for the
socio-economic empowerment of the DNTs. The Sub Plan should have due
safeguards against diversion or non-utilisation of funds.
3.3 Institutional arrangements
An empowered Inter-Ministerial Standing Task Force (STF) for DNTs to be chaired by Home Minister be created.
a) Grievance
redressal and monitoring: A senior officer (serving or retired
belonging to the Police or other services) should be designated in every
state and made responsible for recording cases of atrocities against
DNTs. This Officer should report periodically to the state government as
well as to the State or National Human Rights Commission.
b) Representation:
At least one member in the National Human Rights Commission and the
State Human Rights Commission should be drawn from the DNTs.
3.4 Programmatic/ schematic strengthening and targeting
3.4.1 SC/ST/OBCs among DNTs shall receive all benefits for which SC/ST and OBCs are entitled:
All
benefits that accrue to SC, ST and OBC communities should be extended
to SC/ST and OBCs among DNT communities. More specifically, these would
include the following:
· DNT students should receive government scholarships and education support
· Pre and post-matric scholarships should be provided to DNT children
3.4.2 Expand and improve livelihoods
New programmes and schemes need to designed, and on-going ones strengthened to enable improved livelihoods for DNT communities.
a) Design and marketing support for crafts producers:
- The KVIC promoted cluster development programmes should consciously include and promote the crafts of the nomadic and denotified communities.
- Government agencies that promote cottage and small scale industries be encouraged to design special schemes for DNTs so that the traditional skills of DNTs get further sharpened and expanded to manufacture products for which market demand exists.
b) Traditional performers:
· Central
and state governments, through the Ministry of Tourism, could promote
communities engaged in performing arts such as singing, dancing,
theatre, playing musical instruments, puppetry etc. The community
members can also be employed as guides for tourists inside the forests.
c) Forest dependent DNTs
· The
traditional knowledge of DNTs on flora and plant life in forests can be
used for conservation of species. This knowledge can also be used for
conservation of forests and collection of minor forest produce by the
government.
d) Rehabilitation
· Alternative
viable livelihood options need to be promoted with suitable skill
development and training of the younger members of the community. A
special programme for rehabilitation of DNTs forced into crimes like
brewing illicit liquor could be considered.
3.4.3 Rehabilitation of forest communities
a) Steps
should be taken to urgently rehabilitate traditional forest based DNTs,
19 of whom were named by the Ministry of Environment and Forests in
Revised Guidelines for the Ongoing Centrally Sponsored Scheme Of Project
Tiger (dated February, 2008, section 4.6). These are communities
involved in traditional hunting, and living around tiger reserves and
tiger corridors.” Apart from these 19, many more similar communities
exist in forests which should be immediately identified for
rehabilitation.
b) Strict
administrative vigilance should be established to prevent women and
girls of these communities falling prey to trafficking, bonded labour
and child labour after eviction or displacement from the forests.
c) Pastoral
DNTs who are evicted on account of preservation of forest or
establishment of protected areas and sanctuaries face severe problems
for livelihoods. Apart from the rehabilitation provided for
hunter-gatherers and shifting cultivator communities, the following
special needs should be addressed for pastoral DNTs:
· Forest rights of pastoralists like grazing rights and rights concerning water for the animals should be recognized.
· Sheep,
goat and camel should be included in the government.s “useful animal”
list so that the community can draw the benefits attached to husbanding
useful animals.
· Pastoral
DNTs should be encouraged to form their own cooperatives and provided
with financial assistance, animal insurance, animal breeding technology,
veterinary services, medicines and marketing of animal produce.
3.4.4 Mainstreaming DNTs into on-going programmes & schemes:
a) Education:
Special efforts should be made to impart education to children of
nomadic DNTs through residential schools. Special drive is needed to
enrol and retain girl children in schools and hostels. Concessional
loans and skill development programmes should be provided for DNTs,
through National Scheduled Castes Finance and Development Corporation
and National Backward Classes Finance and Development Corporation. NGOs
running awareness campaign and vocational training centres for DNTs
should be provided with financial assistance.
b) Health
services: State governments should consider introduction of mobile
dispensaries to provide health services to nomadic communities.
c) ICDS: Balwadis, anganwadis and creches should be provided on a priority basis for DNT communities.
d) Child labour: NCPCR should have a special focus on the children of DNTs who are more prone to child labour.
e) Trafficking
of women and children: State Commissions on Women should focus on women
and girl children of DNTs who are victims of large scale trafficking
due to loss of livelihoods. Alternative employment should be provided
for such women to make them less vulnerable to trafficking.
f) Women
and girls: DNT women should be given priority while providing loans,
training, asset building, land distribution, etc. Women among DNT
communities are economically active and are frequently the only
breadwinners for the entire family. Special attention should be paid by
MCWD to health, education and protection of the girl child.
g) MGNREGA:
Concerned panchayats must be made responsible for implementing MGNREGA
for the benefit of DNT communities. The requirement for permanent
address should be made flexible. Wage employment under MGNREGA should be
provided on priority to the homeless. Opening of a bank account or a
post office account for disbursement of MGNREGA wages should be made
possible even for those with temporary habitations, or for homeless
DNTs.
h) NRLM: Self-employment for DNTs must be encouraged under the National Rural Livelihoods Mission (NRLM).
i) MPLADS: It is recommended that 10% of MPLAD/MLA/MCCLAD funds should be earmarked separately for DNT inhabited areas.
j) Old
Age Pension: The State Governments should take measures to identify
DNTs for assistance under Indira Gandhi National Old Age Pension Scheme.
k) Banking
Services: Banks and Post Offices should be advised to evolve simple
guidelines for opening of DNT bank accounts and give them the benefits
of their financial inclusion programmes. Banks need to be advised to
earmark an appropriate percentage of priority sector lending for DNTs.
The Department of Financial Services should add „DNTs as notified by the
State Governments. as a distinct category in the list of weaker
sections eligible for priority sector lending.
3.4.5 Shelter and infrastructure development programmes
- Conduct a nation-wide survey of DNT settlements whether temporary or permanent. This could form the basis for introducing a suitable shelter programme for houseless DNTs.
- Free or subsidized housing may be provided to eligible DNT households in a phased manner – adopting special measures like Rajasthan.s Gadaria Lohar community housing scheme.
- Given the high incidence of homelessness among DNTs, a proportion of the current outlay for Indira Awaas Yojana could be earmarked for DNTs during the XII. DNTs could be assisted financially to construct dwelling units by receiving priority under the on-going housing programmes of the Central Government.
- Homeless nomadic fishing communities could be resettled, as far as possible, close to the dams and reservoirs, so they can continue their traditional occupation.
- An Integrated Infrastructural Development Programme could be specially designed to provide basic amenities such as road, school, electricity, drinking water, community centres, etc. in the existing settlements of nomadic and denotified tribes.
3.5 Administrative Measures
3.5.1 Statutory enumeration of DNTs:
A
process for enumeration and classification of DNTs should be
established as a first step towards identification of persons belonging
to DNT communities. DNTs should be given special focus in the caste
census as well as priority in the issuing of UID cards. Special
directions in this regard need to be issued by the Ministry of Housing
and Urban Poverty Alleviation (HUPA) for urban areas and by the Ministry
of Rural Development for Rural areas. These include:
a. Listings:
States unaware of the existence of nomadic communities should refer to
the provisional lists of nomadic communities prepared by the National
Commission on Denotified and Nomadic Tribes to enable identification of
communities. Homeless communities should be particularly included in the
caste census. Definition of ‘residence’ and ‘address’ should be made
non-conventional and flexible to include everyone who is physically
living in a given area. Pastoral and ex-hunter gatherer communities
should receive special attention due to geographical isolation
b. Orientation
of enumerators: Officials conducting the caste census should be
specifically instructed to look for, and visit, the temporary
habitations of these communities outside villages and towns. Census
officers require suitable orientation and briefing so as not to be
influenced by any local prejudices. Enumerators should seek help of
local bodies and community leaders from the DNT communities to ensure
collection of information. The Ministry of Information and Broadcasting
should ensure effective communication for the enumeration of DNTs.
c. Issuing
caste certificates and other identity cards: The district
administration must pro-actively issue caste certificates, birth and
death certificates to DNTs in the district. A caste certificate is a
pre-requisite if DNTs are to receive, at minimum, entitlements that SCs,
STs or OBCs get. Special drive should be conducted to provide DNTs with
Voter Identity Cards, BPL Cards, Ration Cards, MGNREGS Job cards etc.,
on a campaign mode. During this process, Pastoral and ex-hunter forest
communities should be given special attention due to their geographical
isolation.
3.5.2 Police sensitization and training:
a. Special training of the subordinate staff since the interface of the DNTs is generally with Head Constables and Sub-inspectors.
b. Sensitization training modules and workshops at the National Police Academy and Lal Bahadur Shastri Academy.
c. Engagement
of the police in the implementation of development and welfare
programmes for DNTs as a way of understanding their vulnerabilities
rather than focusing on their criminality.
d. Visible
and exemplary disciplinary action should be taken against police
officials who violate due process of law by detaining members of DNT
communities in jail without convictions, torture, extorting bribes and
so on.
e. Special
cells should be set up to enable women of the DNTs to come forward and
complain in case of sexual harassment. Strict procedures (like in
juvenile courts, presence of a lady constable, etc.) should be followed
by the police while dealing with women and children of these communities
in police custody.
3.5.3 Prevention of Atrocities
A
vigorous national campaign is needed to inform the DNT communities
about their rights as SC/ST/OBC and to inform the public that
violence/discrimination against these communities and violations of
their human rights is punishable under law. The campaign could inform
the DNT communities about a helpline or an address in each region in
case of harassment, discrimination or violence.
3.5.4 Forest Rights:
a. Forest officials should be sensitised on the unique history, culture and livelihood patterns of the DNTs.
b. The
rights of nomadic communities who have been relocated from forests
should be given land titles while implementing the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006.
c. The
law and order machinery should be instructed not to brand DNTs as
Naxals in the Leftwing Extremist districts (especially in Orissa)
because of their earlier ‘criminal tribe’ status.
d. Strict
disciplinary actions be taken against forest officials who harass the
ex-hunting communities whenever an endangered animal is poached or found
dead.
e. Women
and girls of DNTs be given special protection from sexual harassment as
they work in remote and isolated parts of forests. Action be taken
against forest guards and officials who indulge in sexual harassment.
Maharashtra State Public Services (Reservation For Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes/Special Backward Category And Other Backward Classes) Act, 2001
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Maharashtra
State Public Services (Reservation For Scheduled Castes,
Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic
Tribes/Special Backward Category
And Other Backward Classes) Act, 2001 (Mah. Act No. VIII of 2004)
[ 22nd January,
2004 ]
An
Act to provide for the reservation of vacancies in public
services and posts in favour of the persons belonging to the
Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta
Jatis), Nomadic Tribes, Special Backward Category and Other
Backward Classes of Citizens and for matters connected therewith
or incident thereto.
WHEREAS,
it is expedient to provide for the reservation of vacancies in
public services and posts in favour of the persons belonging to
the Scheduled Castes, Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Special Backward Category and
Other Backward Classes of Citizens and for matters connected
therewith or incidental thereto; it is hereby enacted in the
fifty-second year of the Republic of India as follows:-
1.
Short title, extent and Commencement :- (1) This Act may be
called the Maharashtra State Public Services (Reservation for
Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta
Jatis), Nomadic Tribes/Special Backward Category and Other
Backward Classes) Act, 2001.
(2)
It shall extend to the whole of the State of .
(3)
It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
2.
Definitions :- In this Act, unless the context otherwise
requires,
(a)
"appointing authority" in relation to public services
and posts means the authority empowered to make appointment to
such services or posts;
(b)
"De-notified Tribes (Vimukta Jatis)" means the Tribes
declared as such by the Government from time to time;
(c)
"establishment" means any office of the Government or
of a local authority or statutory authority constituted under any
Act of the State Legislature for the time being in force, or a
University or a company, a corporation or a Co-operative Society
in which share capital is held by the Government or any
Government aided Institutions.
Explanation
For the purposes of this clause the expression "Government
aided institutions" shall also include institutions or
industries which have been given either prior to coming into
force of this Act or thereafter, aid in the form of Government
land at concessional rates or any other monetary concessions by
Government, or is recognised, licenced, supervised or controlled
by Government;
(d)
"Government" means the Government of Maharashtra;
(e)
"Group 'A', 'B', 'C' or 'D', as the case may be, as
classified by Government by issuing general or special orders
issued in this behalf, from time to time;
(f)
"Nomadic Tribes" means the tribes wandering from place
to place in search of their livelihood as declared by Government
from time to time;
(g)
"Other Backward Classes" means any socially and
educationally backward classes of citizens as declared by the
Government and includes Other Backward Classes declared by the
Government of India in relation to the State of ;
(h)
"prescribed" means prescribed by rules framed by the
Government under this Act;
(i)
"public services and posts" means the services and
posts in connection with the affairs of the State and includes
services and posts in
(i)
a local authority;
(ii)
a co-operative society established under the Maharashtra
Co-operative Societies Act, 1960 (Mah. XXIV of 1961), in which
Government is a shareholder;
(iii)
a Board or a Corporation or a statutory body established by or
under a Central or a State Act which is owned and controlled by
the Government, or a Government company as defined in section 617
of the Companies Act, 1956 (1 of 1956);
(iv)
an educational institution owned and controlled by the
Government, which receives grant-in -aid from the Government
including a university established by or under a Maharashtra Act;
(v)
any establishment; and
(vi)
respect of which reservation was applicable by Government orders
on the date of commencement of this Act and which are not covered
under sub-clauses (i) to (v);
(j)
"recruitment year" means the English calendar year
during which the recruitment is actually made;
(k)
"reservation" means the reservation of post in the
services for the members of Scheduled Castes, Scheduled Tribes,
De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special
Backward Category and Other Backward Classes;
(l)
"Scheduled Castes" and "Scheduled Tribes"
shall have the meanings, respectively assigned to them in the
Clauses (24) and (25) of Article 366 of the Constitution of
India;
(m)
"Special Backward Category" means socially and
educationally backward classes of citizens declared as a Special
Backward Category by the Government.
3.
Applicability :- (1) This Act shall apply to all the
appointments made in public services and posts except,
(a)
the super specialised posts in Medical, Technical and Educational
field;
(b)
the posts to be filled by transfer or deputation;
(c)
the temporary appointments of less than forty-five days duration;
and
(d)
the posts which is single (isolated) in any cadre or grade.
(2)
The State Government shall, while entering into or renewing an
agreement with any establishment for the grant of any aid as
provided in the explanation to Clause (c) of section 2,
incorporate a condition for compliance with the provisions of
this Act, by such establishment.
4.
Reservation and Percentage :- (1) Unless otherwise provided
by or under this Act, the posts reserved for the Scheduled
Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis),
Nomadic Tribes, Special Backward Category and Other Backward
Classes shall not be filled in by the candidates not belonging to
that, caste, tribe, category or class for which the posts are
reserved.
(2)
Subject to other provisions of this Act, there shall be posts
reserved for the persons belonging to the Scheduled Castes,
Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Special Backward Category and Other Backward Classes, at
the stage of direct recruitment in public services and posts
specified under Clause (j) of section 2, as provided below:
Description of Caste/Tribe/Category/Class Percentage of vacancies
or seats to be reserved.
Provided
that, Government may, by an order in the Official Gazette,
provide that the percentage of reservation for Scheduled Castes,
Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Special Backward Categories and Other Backward Classes,
in all posts, shall be on the basis of latest census record of
population of the, --
(i)
State, in the case of State cadre posts, and
(ii)
concerned district, in the case of district cadre posts:
Provided
further that, the principle of "Creamy Layer" shall
be applicable to all categories mentioned above except Scheduled
Castes and Scheduled Tribes.
Explanation
I .For the purposes of this sub-section the expressions
De-notified Tribes ("A"), Nomadic Tribes (B), "Nomadic
Tribes (C)" and Nomadic Tribes (D), shall mean such Tribes
or sub-Tribes, declared by Government, by general or special
orders issued in this behalf, from time to time, to be "the
De-notified Tribes (A)", Nomadic Tribes (B), "Nomadic
Tribes (C)" and Nomadic Tribes (D)".
Explanation
II-For the purposes of this sub -section the expressions "Creamy
Layer" means the persons falling in the category of "Creamy
Layer" as declared by Government in the Social Justice,
Cultural Affairs and Sports Department by general or special
orders issued in this behalf, from time to time:
Provided
also that, if on the date of coming into force of this
Act, if any additional reservation is in force for the Scheduled
Tribes in Thane, Nashik, Dhule, Nandurbar, Raigad, Yavatmal,
Chandrapur and Gadchiroli districts for direct recruitment in
Groups C and D posts, under any Government orders, such
reservation shall continue to be in force till such orders are
modified or revoked.
(3)
The reservation specified for the categories mentioned at serial
numbers (3) to (6) (both inclusive) in the table under sub
-section (2) shall be inter transferable. If suitable candidates
for the posts reserved for any of the said categories are not
available in the same recruitment year, the posts shall be filled
by appointing suitable candidates from any of the other said
categories.
(4)
In all posts at the divisional level or district level, the
percentage of reservation occurring in a recruitment year in such
categories of Group C and Group D posts as may be notified by the
Government in this behalf, shall be maintained at such divisional
or district level only.
5.
Reservation in Promotion :- (1) The reservation in promotion
shall be at all stages of promotions.
(2)
On the date of coming into force of this Act, if any Government
orders providing for reservation for any posts to be filled by
promotion, are in force, the same shall continue to be in force
unless modified or revoked, by Government.
6.
Carrying forward of reserved vacancies :- (1) If in respect
of any recruitment year, any vacancy reserved for any category of
persons under sub-section (2) of section 4 remains unfilled, such
vacancy shall be carried forward upto five years in case of
direct recruitment and three yeas in case of promotion: Provided
that, on the date of commencement of this Act, if any
Government orders regarding filling up the posts, in case of
non-availability of Backward Class candidates are in force, such
Government orders shall continue to be in force unless modified
or revoked, by Government
(2)
When a vacancy is carried forward as provided in sub-section (1)
it shall not be counted against the quota of the vacancies
reserved for the concerned category of persons for the
recruitment year to which it is carried forward:
Provided
that, the appointing authority may, at any time undertake a
special recruitment drive to fill up such unfilled vacancies and
if such vacancies remain unfilled even after such special
recruitment drive then, it shall be filled up in the manner
prescribed by Government.
7.
Responsibility and powers of compliance of act :- (1) The
Government may, by order in writing, entrust upon every
appointing authority or any officer under such authority, with
the responsibility of ensuring the compliance with provisions of
this Act.
(2)
The Government may, in the like manner, invest the appointing
authority or officer referred to in sub-section (1), with such
powers or authority as may be necessary for such authority or
officer to effectively discharge such duty assigned to such
authority or officer, under sub-section (1).
8.
Penalty :- (1) Any appointing authority or officer or
employee entrusted with the duty or responsibility under
sub-section (1) of section 7 who willfully acts in a manner
intended to contravene or defeat the purposes of this Act shall,
on conviction, be punished with imprisonment for a term which may
extend to ninety days or fine which may extend to five thousand
rupees, or with both.
shall
take cognizance of an offence punishable under this section
except with the previous sanction of the Government or officer
authorised in this behalf by Government.
9.
Powers to call for records :- When it comes to the notice of
the Government or is brought to its notice, that, any person
belonging to any of the categories specified in sub-section (2)
of section 4 is adversely affected, on account of non-compliance
with the provisions of this Act or the Rules made thereunder or
the Government orders in this behalf, by any appointing
authority, it may call for such records and pass such appropriate
order as deemed fit.
10.
Representation in selection committee :- (1) The Government
may, by order, provide for nomination of officers belonging to
Scheduled Castes, Scheduled Tribes and Other Backward Classes in
the selections, screening and departmental promotion committee
for the purpose of selecting persons for appointment or
promotions, as the case may be, to public services and posts.
(2)
The Government may, by order, grant such concession in respect of
fees for any competitive examination or such other similar
examinations or interviews, and relaxation in upper age limit as
it may be consider necessary in favour of the categories of
persons specified in sub-section (2) of section 4.
(3)
The Government orders in force on the date of commencement of
this Act, in respect of concessions and relaxation including
concession in fees for any competitive examinations or such other
similar examinations or interview and relaxation in upper age
limit shall continue to be applicable, unless modified or
revoked, by Government.
11.
Irregular appointments void :- Any appointments made, in
contravention of the provisions of this Act shall be void.
12.
Protection of action taken in good faith :- No suit,
prosecution or other legal proceedings shall lie against any
authority or person for anything done or purported to have been
done in good faith in pursuance of the provisions of this Act or
the rules made thereunder.
13.
Power to make rules :- (1) The Government may, by
notification in the Official Gazette, make Rules to carry out the
purposes of this Act.
(2)
Every Rule made under this Act shall be laid, as soon as may be,
after it is made, before each House of the State Legislature,
while it is in session for a total period of thirty days, which
may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session in which it is
so laid or the session immediately following, both Houses agree
in making any modification in rule or both Houses agree that the
rule should not be made, and notify their decision to that effect
in the Official Gazette, the Rule shall, from the date of
publication of such decision in the Official Gazette, have effect
only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done or
omitted to be done under that Rule.
14.
Provisions of this act to be in addition to any other law for the
time being in force :- The provisions of this Act shall be in
addition to and not in derogation of the provisions contained in
any other Act, for the time being in force.
15.
Savings :- The provisions of this Act shall not apply to
cases in which selection process has already been initiated
before the commencement of this Act, and such cases shall be
dealt with in accordance with the provisions of law and
Government orders as they stood before such commencement.
Explanation.-For
the purposes of this section, the selection process shall be
deemed to have been initiated where, under the relevant service
rules,
(i)
recruitment is to be made on the basis of written test or
interview only, and such written test or the interview, as the
case may be, has started, or
(ii)
recruitment is to be made on the basis of both, the written test
and interview and such written test has started.
16.
Power to remove difficulties :- (1) If any difficulty arises
in giving effect to the provisions of this Act, the Government
may, on occasion arises, by an order published in the Official
Gazette, do anything not inconsistent with the provisions of this
Act, which appears to it to be necessary or expedient for
removing the difficulty:
Provided
that, no such order shall be made after the expiry of a period of
two years from the date of commencement of this Act.
(2)
Every order made under this section shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
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SOURCE:
http://bombayhighcourt.nic.in/libweb/acts/2004.08.html
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