Context:

The Kuruba community has been demanding the Schedule Tribe tag and held a massive rally in the outskirts of Bengaluru, Karnataka.

The Kurubas Community

• The Kurubas of Karnataka are a traditional sheep rearing community.
• They are known by different names in other states, such as Kuruma in Andhra Pradesh, Golla in southern Karnataka, Dhangar in Maharashtra, Pal in Rajasthan, and Maldhari/Gadariya in Gujarat.
• Presently, the Kurubas constitute 9.3% of the state’s population and come under the backward classes category sharing 15% reservation with 104 other castes.
• They subscribe to the teachings of Kanakadasa who was a renowned composer of Carnatic music, poet, philosopher, and saint.
• From pre-Independence till 1977, the community enjoyed the ST status.
• In 1977, Justice LG Havana, who headed the backward class commission, removed the ST tag, moving the Kurubas to the ‘most backward classes’ category.

Meant by Scheduled Tribes

• The Constitution of India in Article 366 (25) prescribes that the Scheduled Tribes means such tribes or tribal communities as are deemed under Article 342 of the Constitution to be Scheduled Tribes.
• The National Commission for Scheduled Tribes explains:
  • Primitiveness, geographical isolation, shyness, and social, educational & economic backwardness due to these reasons are the traits that distinguish Scheduled Tribe communities of our country from other communities.

Scheduled Tribes are protected

• Article 342 gives the President the power to notify those communities in specific regions that fall under the classification of Scheduled Tribes.
• Articles 15, 16, and others which assure non-discrimination based on caste, gender, race, religion, or place of birth, the other provisions protecting the fundamental rights of Scheduled Tribes are as follows.
• Article 46 directs the state to work for the welfare and promotion of the interests of Scheduled Tribes and to take steps to safeguard their interests.
• Articles 243 D, 243 T, 330, and 332 promise proportionate reservation of seats for both Scheduled Castes and Scheduled Tribes in Panchayats, Municipalities, State Legislative Assemblies, and the Lok Sabha.
• Article 338A directs the state to create a National Commission for Scheduled Tribes, to oversee the implementation of the provisions and safeguards of the rights of Scheduled Tribes in India.
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 also extends protection to Scheduled Tribes.
• Article 164 also provides for the appointment of a minister in charge of tribal welfare in the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Orissa,
• The Fifth Schedule of the Constitution outlines the provisions for the administration of Scheduled areas. It assures the establishment of Tribes Advisory Councils, with three-fourths representation from the tribes in the area, in states with Scheduled Tribes but without Scheduled Areas.
• The Sixth Schedule of the Constitution also contains provisions for the administration of Tribal Areas, but in the states of Assam, Meghalaya, Tripura, and Mizoram.