NCST Seeks Report on Nisha Bhagat’s Death in Jharkhand

08 Nov NCST Seeks Report on Nisha Bhagat’s Death in Jharkhand

✎ The National Commission for Scheduled Tribes (NCST) is a constitutional body under Article 338A, while the National Commission for Women (NCW) is a statutory body, both dedicated to protecting the rights and interests of their…

Subject Relevance — Where This Topic Fits

• GS Paper II — Governance, Constitution, Polity, Social Justice
• Prelims: National Commission for Scheduled Tribes (NCST), National Commission for Women (NCW), Constitutional bodies, Statutory bodies, Article 338A, Article 338, Protection of tribal rights, Protection of women’s rights
• Essay: The role of constitutional and statutory bodies in safeguarding vulnerable sections of society., Ensuring social justice and equality through institutional mechanisms.

Quick Revision: The National Commission for Scheduled Tribes (NCST) is a constitutional body under Article 338A, while the National Commission for Women (NCW) is a statutory body, both dedicated to protecting the rights and interests of their respective vulnerable groups.

Why is this in the news?

The National Commission for Scheduled Tribes (NCST) has taken cognisance of the death of an Adivasi leader, Nisha Bhagat, in Jharkhand and has sought a detailed report from the State Government. Concurrently, the National Commission for Women (NCW) has also initiated an inquiry into the matter, requesting a report from the government. This action underscores the commissions’ roles in investigating incidents affecting vulnerable groups and ensuring accountability.

Background

• The incident involves the death of Nisha Bhagat, an Adivasi leader from Jharkhand, who reportedly expressed distress on social media prior to her demise.
• The National Commission for Scheduled Tribes (NCST) has decided to thoroughly investigate all aspects of the incident to ascertain the circumstances leading to the event.
• Dr. Asha Lakra, a member of the NCST, affirmed that a detailed report would be sought from relevant high-ranking officials of the Jharkhand government.
• The NCST’s primary responsibility includes the protection of the security, dignity, and constitutional rights of the tribal community.
• The National Commission for Women (NCW) has also independently taken cognisance of the case, indicating a multi-agency approach to the investigation.
• The commissions aim to ensure impartiality and take necessary action based on the facts gathered during the investigation.

What are the National Commission for Scheduled Tribes (NCST) and the National Commission for Women (NCW)?

• The National Commission for Scheduled Tribes (NCST) is a constitutional body established under Article 338A of the Indian Constitution, inserted by the 89th Constitutional Amendment Act, 2003.
• Its primary objective is to safeguard the interests of Scheduled Tribes by investigating and monitoring all matters relating to the constitutional and other legal safeguards provided for them.
• The NCST consists of a Chairperson, a Vice-Chairperson, and three other Members, appointed by the President by warrant under his hand and seal.
• The Commission has the power to regulate its own procedure and possesses all the powers of a civil court while investigating any matter or inquiring into any complaint.
• It is mandated to present annual reports to the President, who then lays them before each House of Parliament.
• The National Commission for Women (NCW) is a statutory body established in January 1992 under the National Commission for Women Act, 1990.
• Its mandate is to review the constitutional and legal safeguards for women, recommend remedial legislative measures, facilitate redressal of grievances, and advise the government on all policy matters affecting women.
• The NCW consists of a Chairperson, five Members, and a Member-Secretary, all nominated by the Central Government.

Key Features

Why it Matters

Governance and Accountability

• The intervention of statutory bodies like the NCST ensures that state administrations are held accountable for incidents involving vulnerable sections of society, fostering transparency and good governance.
• It reinforces the principle that the state has a responsibility to protect its citizens, particularly those belonging to marginalised communities, and to investigate any alleged dereliction of duty.

Social Justice and Equity

• The NCST’s proactive stance is vital for upholding social justice, ensuring that tribal individuals receive fair treatment and that their constitutional rights are protected.
• It addresses historical injustices and ongoing discrimination faced by tribal communities, promoting a more equitable society by ensuring their voices are heard and grievances addressed.

Rule of Law and Human Rights

• The commission’s action reinforces the rule of law by ensuring that due process is followed in investigations and that justice is pursued impartively.
• It underscores the importance of human rights protection for all citizens, irrespective of their social or economic background, and highlights the mechanisms available for redressal.

Challenges

1. Ensuring Timely and Impartial Investigations

• The complexity of cases involving vulnerable populations often necessitates a thorough and unbiased investigative process, which can be challenging to achieve without external oversight.
• Delays in investigation or perceived biases can erode public trust in institutions and hinder the delivery of justice.

UPSC Link: Governance; Social Justice

2. Protecting Rights of Vulnerable Communities

• Tribal communities often face unique challenges, including socio-economic marginalisation, lack of awareness of their rights, and limited access to legal recourse, making them susceptible to exploitation.
• Ensuring effective protection requires sustained efforts to empower these communities and strengthen legal frameworks.

UPSC Link: Social Justice; Vulnerable Sections

3. Strengthening Statutory Bodies

• The effectiveness of commissions like NCST depends on their autonomy, adequate resources, and the cooperation of state authorities.
• Challenges include ensuring that their recommendations are implemented and that they have the necessary powers to enforce compliance.

UPSC Link: Constitutional Bodies; Governance

4. Leveraging Digital Platforms for Grievance Redressal

• While social media can amplify grievances, ensuring that such expressions translate into effective official action requires robust mechanisms for monitoring and response.
• Challenges include verifying information, preventing misinformation, and ensuring equitable access to digital platforms for all citizens.

UPSC Link: E-governance; Social Media

Challenges — UPSC Perspective

Way Forward

• Expeditious and transparent investigation into the incident, ensuring all facts are thoroughly examined and findings are made public.
• Strengthening the institutional capacity and autonomy of the National Commission for Scheduled Tribes (NCST) and other relevant statutory bodies to effectively discharge their mandates.
• Implementing robust mechanisms for grievance redressal, particularly for vulnerable communities, to ensure timely and effective responses to their concerns.
• Promoting awareness among tribal communities regarding their constitutional rights and the available legal and institutional avenues for seeking justice.
• Enhancing inter-agency coordination between various commissions (e.g., NCST, NCW) and state authorities to address complex cases involving multiple dimensions of vulnerability.
• Leveraging technology responsibly to facilitate grievance reporting and monitoring, while ensuring digital inclusion for all sections of society.
• Fostering a culture of accountability within state administration to ensure prompt action on reports and recommendations from statutory bodies.

UPSC Value Addition

Prelims Practice Questions

Q1. Consider the following statements regarding the National Commission for Scheduled Tribes (NCST):
1. The NCST is a constitutional body established under Article 338 of the Constitution of India.
2. Its primary mandate includes investigating and monitoring all matters relating to the safeguards provided for Scheduled Tribes under the Constitution or any other law.
3. The Commission has the power to regulate its own procedure and has all the powers of a civil court while investigating any matter.
How many of the above statements are correct?

1. Only one
2. Only two
3. All three
4. None

Answer: Only two — Statement 1 is incorrect: The NCST was established under Article 338A, not Article 338. Article 338 deals with the National Commission for Scheduled Castes. Statement 2 is correct: Investigating and monitoring safeguards for STs is a core function. Statement 3 is correct: The NCST possesses powers of a civil court for inquiry and investigation.

Q2. Which of the following is NOT a function of the National Commission for Scheduled Tribes (NCST)?

1. To participate and advise on the planning process of socio-economic development of the Scheduled Tribes.
2. To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.
3. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes.
4. To recommend the inclusion or exclusion of any community from the list of Scheduled Tribes.

Answer: To recommend the inclusion or exclusion of any community from the list of Scheduled Tribes. — The function of recommending inclusion or exclusion of communities from the ST list primarily rests with the Ministry of Tribal Affairs, based on recommendations from state governments, and is ultimately approved by Parliament. While the NCST may advise, it does not directly recommend inclusion/exclusion.

Mains Practice Question

✍ Critically examine the constitutional mandate and functional efficacy of the National Commission for Scheduled Tribes (NCST) in safeguarding the rights and interests of tribal communities in India. Discuss with reference to its powers and recent challenges. (15 Marks)

Approach: Introduction: Briefly introduce NCST as a constitutional body under Article 338A, established to protect Scheduled Tribes’ rights.
Constitutional Mandate: Detail its key functions as outlined in Article 338A(5) – investigating safeguards, inquiring into complaints, advising on socio-economic development, presenting reports to the President, and other functions relating to the protection, welfare, and development of STs.
Powers: Elaborate on its powers, including those of a civil court for summoning, requiring production of documents, receiving evidence, etc., as per Article 338A(8).
Functional Efficacy: Discuss its effectiveness, citing instances of intervention (like the present case). Highlight its role in policy advocacy and grievance redressal.
Recent Challenges: Analyse limitations such as:
1. Limited enforcement powers (recommendatory nature).
2. Resource constraints (staffing, funding).
3. Delays in government response to recommendations.
4. Political interference or lack of political will in implementation.
5. Challenges in reaching remote tribal areas and addressing complex issues like land alienation, displacement, and forest rights.
6. Overlapping jurisdiction or coordination issues with other bodies (e.g., National Commission for Women, state commissions).
Conclusion: Offer a balanced perspective on its achievements and areas requiring reform to enhance its protective and developmental role for tribal communities.

Source: amarujala.com

Jharkhand PCS (JPSC) — State PCS Practice

Prelims: Regarding the recent intervention by the National Commission for Scheduled Tribes (NCST) concerning the death of Nisha Bhagat in Jharkhand, which of the following statements is correct?

1. The NCST has sought a detailed report from the Jharkhand government.
2. The incident primarily involves a land dispute in the Santhal Pargana region.
3. The NCST’s action is a recommendation, not a mandatory directive.
4. Nisha Bhagat was a prominent political activist from the Munda community.

Answer: The NCST has sought a detailed report from the Jharkhand government. — The National Commission for Scheduled Tribes (NCST) has strictly sought a detailed report from the Jharkhand government regarding Nisha Bhagat’s death.

Mains: Discuss the role and powers of the National Commission for Scheduled Tribes (NCST) with specific reference to its recent intervention in the case of Nisha Bhagat’s death in Jharkhand. How does such an intervention reflect the constitutional safeguards for tribal communities in the state?

Generated by AanyaAi for educational purpose.

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