Policies and Acts related to ST welfare

Forest Rights Act - 2006
Protection of Civil Rights Act
SC/ST (Prevention of Atrocities) Act
The Provisions of the Panchayats (Extension to the scheduled Areas) Act, 1996

Forest Rights Act - 2006

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was passed on December 15, 2006, in the Lok Sabha and December 18, 2006, in the Rajya Sabha. It was signed by the President on December 29, 2006, but only notified into force on December 31, 2007 (one year later). The Rules to the Act - which provide for some of the operational details - were notified into force on January 1, 2008.

Prior to being passed, the original Bill was subjected to a lengthy process of examination by a Joint Parliamentary Committee. The Committee's historic report marked a huge step forward for the struggle for forest rights.

Protection of Civil Rights Act

An Act to prescribe punishment for the [preaching and practice of - "Untouchability"] for the enforcement of any disability arising therefrom for matters connected therewith.

BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:

This Act may be called [the Protection of Civil Rights Act, 1955].
It extends to the whole of India.
It shall come into force on such date as the Central Government may by notification in the Official Gazette, appoint.

Definitions

In this Act, unless the context otherwise requires, -

[(a) "civil rights" means any right accruing to a person by reason of the abolition of "untouchability" by article 17 of the Constitution]
[(aa)] "hotel" includes a refreshment room, a boarding house, a lodging house, a coffee house and a cafe
[(b)] "place" includes a house, building and other structure an premises; and also includes a tent, vehicle and vessel
(c) "place of public entertainment" includes any place to which the public are admitted and in which an entertainment is provided or held.
Explanation: "Entertainment" includes any exhibition, performance, game, sport and any other form of amusement.
(d) "place of public worship" means a place, by whatever name known, which is used as a place of public religious worship or which is dedicated generally to, or is used generally by, persons professing any religion or belonging to any religious denomination or any section

Rules and Acts:

SC/ST (Prevention of Atrocities) Act

An Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fortieth Year of the Republic of India as Follows:

This Act may be called the Scheduled Castes and the Scheduled extent and Tribes (Prevention of Atrocities) Act, 1989.
It extends to the whole of India except the State of Jammu & Kashmir.
It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Definitions

In this Act unless the context otherwise requires –

"Atrocity" means an offence punishable under section 3
"Code" means the Code of Criminal Procedure, 1973 (2 of 1974)
"Scheduled Castes and Scheduled Tribes" shall have the mean-ings assigned to them respectively under clause (24) and clause (25) of article 366 of the Constitution
"Special Court" means a Court of Session specified as a Special Court in section 14
"Special Public Prosecutor" means a Public Prosecutor specified as a Special Public Prosecutor or an advocate referred to in section 15
words and expressions unsed but not defined in this Act and de-fined in the Code or the Indian Penal Code (45 of 1860) shall have the meanings assigned to them respectively in the Code, or as the case may be, in the Indian Penal Code.

Any reference in this Act to any enactment or any provision thereof shall in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law, if any, in force in that area.

Rules and Acts:

The Provisions of the Panchayats (Extension to the scheduled Areas) Act, 1996

Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA is a law enacted by the Government of India to cover the "Scheduled areas", which are not covered in the 73rd amendment or Panchayati Raj Act of the Indian Constitution. It was enacted on 24 December 1996 to enable Gram Sabhas to self-govern their natural resources. It is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.

Definition

“Scheduled Areas” means the Scheduled Areas as referred to in Clause (1) of Article 244of the Constitution. The Act extended the provisions of Panchayats to the tribal areas of nine states that have Fifth Schedule Areas.
Provisions
A state legislation on panchayats in the scheduled area should take care of the customs, religious practices and traditional management practices of community resources
Every village shall contain a grama sabha whose members are included in the electoral list for the panchayats at village level
The recommendation of the gram sabha is mandatory for granting mining licenses in the scheduled areas
Planning and management of minor water bodies are entrusted to the panchayats

Act: Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA Act (63.5KB)

Source: Ministry of Tribal welfare

Last Modified : 8/3/2022

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