National Commission for Scheduled Tribes (NCST) Investigates Sandeshkhali Incident

The National Commission for Scheduled Tribes (NCST) has issued an official notice regarding the Sandeshkhali incident, expressing significant concern over the alleged atrocities that have sparked protests in the region. This has drawn attention to the plight of tribal communities and the issues they face.

Key Points on the Sandeshkhali Incident

• Women in West Bengal’s Sandeshkhali have been protesting for more than one week over alleged incidents of atrocities committed against them by Trinamool Congress (TMC) leader Shajahan Sheikh and his aides.
• It has been alleged that women were sexually assaulted in Sandeshkhali at gun points. It has also been alleged that tribal people were made to transfer their lands by the TMC leader.
• It all started after a raid by the Enforcement Directorate (ED) at the residence of now absconding TMC strongman Shajahan Shiekh in Sandeshkhali in the multi-crore ration distribution scam.
• After the ED incident, local women in large numbers came out in the open and alleged that Shajahan and his men forcibly grabbed their land for prawn cultivation, torturing and sexually harassing them for several years.

The Role of the National Commission for Scheduled Tribes (NCST)

• The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003.
• By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004.
• The term of office of Chairperson, Vice-Chairperson and each member is three years from the date of assumption of charge. The Chairperson has been given the rank of Union Cabinet Minister, and the Vice-Chairperson that of a Minister of State and other Members have the ranks of a Secretary to the Government of India
• The first National Commission for Scheduled Tribes (NCST) was constituted in March, 2004

Composition of the NCST

• It consists of a Chairperson, a Vice-Chairperson and 3 other Members who are appointed by the President by warrant under his hand and seal.
• At least one member should be a woman.
• The Chairperson, the Vice-Chairperson and the other Members hold office for a term of 3 years.
• The Chairperson has been given the rank of Union Cabinet Minister, the Vice Chairperson has the rank of a Minister of State and other Members have the rank of Secretary to the Government of India.
• The members are not eligible for appointments for more than two terms.

Functions Of The NCST

• To investigate & Monitor matters relating to Safeguards provided for STs under the Constitution or under other laws or under Govt. Order, to evaluate the working of such Safeguards.
• To inquire into specific complaints relating to Rights & Safeguards of STs;
• To participate and Advise in the Planning Process relating to Socio-economic development of STs, and to Evaluate the progress of their development under the Union and any State;
• To submit report to the President annually and  at such other times as the Commission may  deem  fit, upon/ working of Safeguards, Measures required for effective implementation of Programmers/ Schemes relating to Welfare and Socio-economic development of STs;
• To discharge such other functions in relation to STs as the President may, subject to the provisions of any law made by Parliament, by rule specify;

Powers of the National Commission for Scheduled Tribes

For Investigation and Inquiry, the Commission is vested with powers of a civil court having authority to:

1. Summon and enforce attendance of any person and examine on oath;
2. Discovery & production of any documents;
3. Receive evidence on affidavits;
4. Requisition any public record or copy thereof from any court or office;
5. Issue Commissions for examination of witnesses and documents; and
6. Any matter which President, by rule, may determine.

Conclusion

The National Commission for Scheduled Tribes (NCST) plays a pivotal role in ensuring the welfare and protection of Scheduled Tribes in India. As incidents like the Sandeshkhali case highlight the ongoing struggles of tribal communities, the NCST remains a crucial body for addressing grievances, investigating rights violations, and advocating for the socio-economic development of these communities.

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