The Constitution of India, vide article 46, directs the State to promote with special care, the educational and economic interests of the Scheduled Tribes and to protect them from social injustice and exploitation. The following measures are being taken for the welfare and better living of Scheduled Tribes:
- Prevention of alienation and restoration of possession of agricultural land of the Scheduled Tribes through the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980
- Control over money lenders under the Bombay Money Lender's Act, 1947
- Redemption of debt under Bombay Agricultural Debtor's Relief Act, 1946 and Gujarat Rural Debtors Relief Act, 1976
- Strengthening of credit-cum-marketing structure in tribal areas by formulation of Federation of LAMPs at State Level
- Augmenting of wage earning and other income of tribals
- Enforcement of Weights and Measures Act, 1958
- Implementation of the Minimum Wages Act in factories and for agricultural work
- Direct pool purchase of the agricultural produce of tribal farmers by the Civil Supply Corporation/State Co-operative Marketing Federation/Tribal Development Corporation through LAMPs
- Providing credit requirement through the Gujarat Tribal Development Corporation and other institutional finance
- Creation of Vigilance Cell at State Level in the Office of the Tribal Development Commissioner
- Institutional purchase of forest produce through the Gujarat Forest Development Corporation and through the Forest Labourers Co-operative Societies of tribals
- Machinery for protection and welfare of unorganized labour
- Welfare of unorganized female workers and maternity benefit scheme (started in the year 1986-87)
- Implementation of Inter State Migrant Workers Act
- Establishment of Rural Labour Welfare Board
- Liberal norms for resettlement and rehabilitation of tribals affected by irrigation and industrial projects
- Development of forest settlements
- Implementation of the Scheduled Caste & Scheduled Tribes Prevention of Atrocities Act, 1989.
Elimination of Transfer of Land Holdings of Tribals
Due to exploitation of moneylenders and other elite sections of the society, the poor ST landholders are deprived of possession and ownership of the land held by them. The State Government has amended Section 73(A) and introduced the new Sections 73(AA) to 73(AD) in the Bombay Land Revenue Code. This new amendment empowers the Collectors to declare the transfer made by tribals to non-tribals in conservation of provision of Bombay Land Revenue Code as invalid. The amendment has been put into effect from since February 1981. The land held by tribals cannot be transferred without requisite permission of Collector.
Prevention of Atrocities Act, 1989
The Government of India has been implementing the Prevention of Atrocities Act, 1989 from March 31, 1990 to protect members of Scheduled Castes and Scheduled Tribes from atrocities by non-SC and non-ST members of the society. Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Rules, 1995 have been framed under the Act, and these Rules lay down the norms for providing financial assistance to the victimized person/family. Government of Gujarat has adopted these norms and provides financial assistance along similar lines as those prescribed in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Rules, 1995.
Identification of Atrocity-prone Areas
The 11 districts for Scheduled Castes and 4 districts for Scheduled Tribes have been identified as sensitive from the point of view of atrocities by the Home Department.
Appointment of Officers
At the Secretariat level, the Principal Secretary/Secretary looks after the implementation of the Prevention of Atrocities Act, while at the Commissionerate level, the Commissioner looks after the work. The Commissionerate also has a special 'Nagrik Cell' under the Deputy Director. At the district level, there are 13 Vigilance Officers and 2 Social Welfare Officers who look after incidents of atrocities within their jurisdiction.
The Secretary, Social Justice and Empowerment (Tribal Development Department) is the Nodal Officer in accordance with Rule 9 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Rules, 1995. Similarly, under Rule 10, the 13 district-level Vigilance Officers function as Special Officers.