TN: Tribals Demand Better Reservation, Allege Hurdles in Getting ST Certificates

The first list of Scheduled Tribes (ST) after Independence was published in 1950 according to Article 342(2) of the Constitution, following rules regarding inclusion and exclusion of STs. Further amendments were carried out in 1956, 1976, 2003, and most recently on January 3, 2023.

However, the tribal population faces the daunting task of obtaining a community certificate to pursue their dreams of better education and employment. In Tamil Nadu, three people, including a woman, have reportedly ended their lives, when their efforts to get a community certificate failed. 

Tribals from communities like Kattunaicker, Malakuravan, Kondareddis, Kurumans, and Kanikkarar are struggling to establish their identity. Despite several court orders and government orders (GOs), the administrative mechanism, including the revenue department, inordinately delays the distribution of ST certificates resulting in continuous struggles and tragic incidents.

Challenge Faced During Online Submission

The government of Tamil Nadu has mandated online submission of applications for obtaining community certificates for tribal communities. The Tamil Nadu Tribals Association (TNTA) has urged the state government to keep the option of submitting applications offline open, considering several restrictions, including internet accessibility, faced by tribals across the state. 

“The request by us has not been considered by the state government so far. The applications submitted by school and college students are frequently getting rejected when submitted online. Several reasons have been cited, including lack of a proper database, older card-format community certificates not being compatible with the online system, and also due to deliberate rejection by certain officials in the revenue department,” said a TNTA leader.

Intervention of the Human Rights Commission 

In 2021, the Tamil Nadu State Human Rights Commission (SHRC) took up a suo motu case after there were several reports on the sluggish approach of officials in issuing ST certificates. The commissioner of revenue administration had to appear before the SHRC and submit an affidavit promising to conduct meetings with all Revenue Divisional Officers and take measures to expedite the issuance of certificates. 

“Despite the promise, major problems in issuing community certificates continue to persist across districts. Velmurugan died after setting himself on fire in front of the Madras High Court two years ago; Periyasami hanged himself in the Thiruthani Revenue Officer's office; as also Rajeswari from the Panniyandi community in Edappalayam, Thiruvannamalai”, Dilli Babu of TNTA said. 

Non-Compliance of Court Orders and GO

For the past decade and a half, the tribal community has faced a significant setback in obtaining ST community certificates. The TNTA accused several Revenue Divisional Officers (RDOs) and Tehsildars of not respecting High Court orders and Tamil Nadu GO.

“The High Court orders and G.O. 104 issued by the state government states that children and blood relatives of parents who already possess ST community certificates should also be issued ST certificates. But, most officials refuse to implement the orders”, Dilli Babu said. 

There are allegations of revenue officials in Madurai, Dindigul, Palani, Tirupattur, Mettur, Aruppukottai, Virudhunagar, and Dharmapuri continuing to reject applications for tribal community certificates, forcing applicants to file appeals or subjecting them to further investigation by anthropologists, causing continued harassment.

The Pulayan and Vettaikaran tribes were included in Tamil Nadu's tribal list till 1974 and in 1975. These two tribal communities were removed from the list, for unknown reasons. The Vettaikaran community was included in Puducherry government’s tribal list in 2016, but the struggle in Tamil Nadu for inclusion continues for several years.

Reservation and Housing Land Pattas

According to the 2011 Census, there are 969,654 tribal people in the state. However, reservation covers 1.04%. The Tamil Nadu government's new order to provide housing land pattas has come as a relief to the tribal people, who are homeless, landless, and survive on daily wage labour. A speedy assessment should be conducted to provide free housing land pattas to all homeless tribal people, said TNTA.

“What is worse is that the state government has returned unused funds allocated for the welfare of Dalits and tribal people. In the past 10 years, approximately Rs 5,318 crore have been returned without being spent”, Dilli Babu said.

Forest and Land Rights

The Forest Rights Act 2006 (FRA) came into effect in Tamil Nadu from 2016, which ensures land rights to tribal people and traditional forest dwellers living in forest lands. Despite the act being in place for the past several years, only 15,000 applications have been processed, and have led to the disbursal of individual land pattas and community land rights.

“Community certificates are the central point for obtaining education and employment opportunities. Filling backlog vacancies according to reservation quotas and fully implementing the FRA are necessary to protect tribal people from marginalisation and position them as a community with all rights like other social communities”, Dilli Babu told NewsClick.