Parliament passes the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill 2024

The Government is committed to the development of tribal communities, while preserving their socio-cultural heritage, said Union Minister for Tribal Affairs; Agriculture and Farmers’ Welfare, Shri Arjun Munda, on the three bills passed by the Parliament to fulfill long pending demand of tribal communities of Jammu & Kashmir, Andhra Pradesh and Odisha.

The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024 was passed by the Parliament, to include ‘Pahari Ethnic Group, Paddari Tribe, Koli and Gadda Brahmin’ communities in the list of STs of UT of Jammu and Kashmir. The Rajya Sabha passed the bill on 9^th February 2024 to amend the Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989 with respect to the UT of J&K. Earlier, the Bill had been passed by the Lok Sabha on 6^th February 2024.

(Link: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2003288).

Earlier, the Constitution (Scheduled Tribes) Order (Amendment) Bill, 2024 in respect of Andhra Pradesh and the Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill, 2024 in respect of Odisha were passed by the Lok Sabha on 8^th February 2024, in order to effect inclusions in their respective lists of Scheduled Tribes. Union Minister of State for Tribal Affairs; Health & Family Welfare, Dr. Bharati Pravin Pawar  moved the Amendment Bill in Lok Sabha. The bill was earlier passed by the Rajya Sabha on 6^th February 2024.

The Minister said that the Government is committed to the welfare of tribal communities of the country. She said that with this Bill, the Particularly Vulnerable Tribal groups will get justice.

The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2024 is intended to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes regarding Andhra Pradesh. The following inclusions will be made in list of Scheduled Tribes of Andhra Pradesh: –

1. Inclusion of ‘Bondo Porja’ and ‘Khond Porja’, that are Particularly Vulnerable Tribal Groups (PVTGs), at entry 25 in the ST list of Andhra Pradesh.
2. Inclusion of ‘Konda Savaras’, that are Particularly Vulnerable Tribal Groups (PVTGs), at entry 28 in the ST list of Andhra Pradesh.

The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill, 2024 proposed to amend the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Castes and Scheduled Tribes in relation to Odisha. The following changes/inclusions will be made in list of Scheduled Tribes of Odisha: –

I.   Four Particularly Vulnerable Tribal Groups (PVTGs), which are proposed to be included in their own names in the list of STs:

1. Pauri Bhuyan, Paudi Bhuyan as synonyms of Bhuiya, Bhuyan at Sl. No. 6;
2. Chuktia Bhunjia as synonym of Bhunjia at Sl. No. 9;
3. Bondo as sub-entry under STs “Bondo Poraja, Bonda Paroja. Banda Paroja” at Sl. No.13; and,
4. Mankidia as synonym of ST “Mankirdia” at Sl.No. 47.

II.        Omitting of two names from the list of Scheduled Castes

1. Tamadia at Sl. No. 87; and,
2. Tamudia at Sl. No. 88.

III.       Inclusion of Communities names of which are phonetic variations or synonyms of pre-existing entries in the list of STs of the State:

1. Tamadia*, Tamaria, Tamudia*, Tamodia Bhumij, Tamudia Bhumij, Tamundia Bhumij, Tamulia Bhumij, Tamadia Bhumij as a sub-entry under main entry “Bhumij” at Sl. No. 8.

(*These communities are proposed to be omitted from the Scheduled Caste list.)

2. Banda Paraja, Bonda Paraja,  Bonda, Banda as sub-entry under STs “Bondo Poraja, Bonda Paroja. Banda Paroja” at Sl. No.13.
3. Durua, Dhurua, Dhurava as subsect of Dharua, Dhuruba, Dhurva at Sl. No. 17.
4. Kaur, Kunwar, Kaonr, Kuanr, Konwar, Kuanar, Kaanr, Koanr, Kuanwar as synonym of ST “Kawar, Kanwar” at Sl. No. 28.
5. Inclusion of Kui (Kandha) as a new sub-entry under the ST Khond and Kandha Kumbhar community as a subset of Kandha Scheduled Tribe at Sl. No.  31.
6. Uram, Oram, Uraon, Dhangara and Oraon Mudi communities as synonyms of Oraon listed at Sl. No. 53.
7. Bareng Jhodia Paroja, Penga Paroja, Pengu Paroja, Porja, Selia Paroja, as synonym of ST Paroja at Sl. No. 55.
8. Rajual, Rajuad as synonym of ST Rajuar at Sl. No. 57.
9. Saara as synonym under Saora, Savar, Saura, Sahara, etc at Sl. No. 59.

IV.       Inclusion of communities through New Entry:

2. Muka Dora, Mooka Dora, Nuka Dora, Nooka Dora with area restriction (in undivided Koraput District i.e., Koraput, Nowrangapur, Rayagada & Malkangiri districts) at Sl. No. 63.
3. Konda Reddy, Konda Reddi at Sl. No. 64.

After the Bills become an Act, member of the communities newly listed in the revised list of Scheduled Tribes of J&K, Andhra Pradesh and Odisha will also be able to derive benefits meant for STs under the existing schemes of the Government.

Some of the major schemes run by the Ministry of Tribal Affairs include Pre- and Post-Matric Scholarship, National Overseas Scholarship, National Fellowship and Scholarship Schemes, along with concessional loans from National Scheduled Tribes Finance and Development Corporation, Hostels for ST boys and girls etc. In addition to above, they will also be entitled to benefits of reservation in services and admission to educational institutions as per Government policy.