Welfare ( INDIA 2018 )
In order to protect the interests of Scheduled Tribes with regard to land alienation and other social factors, provisions of the “Fifth Schedule” and “Sixth Schedule” have been enshrined in the Constitution.
The Fifth Schedule under Article 244 (1) of Constitution defines “Scheduled Areas” as such areas as the President may by Order declare to be Scheduled Areas after consultation with the Governor of the state.
The Sixth Schedule under Article 244 (2) of the Constitution relates to those areas in the states of Assam, Meghalaya, Tripura and Mizoram which are declared as “Tribal Areas” and provides for District Councils and/or Regional Councils for such Areas. These Councils have been conferred with wide ranging legislative, judicial and executive powers.
- The criteria for declaring any area as a “Scheduled Area” under the Fifth Schedule are:
- preponderance of tribal population,
- compactness and reasonable size of the area,
- a viable administrative entity such as a district, block or taluk, an
- economic backwardness of the area as compared to neighbouring areas.
- The specification of “Scheduled Areas” in relation to a state is done by a notified Order of the President, after consultation with the state governments concerned. The same applies for altering, increasing, decreasing, incorporating new areas, or rescinding any orders relating to “Scheduled Areas”
- The advantages of Scheduled Areas are that:
(a) The Governor of a state, which has Scheduled Areas, is empowered to make regulations in respect of the following:
- prohibit or restrict transfer of land from tribal people;
- regulate the business of money lending to the members of Scheduled Tribes.
In making any such regulation, the Governor may repeal or amend any Act of Parliament or of the Legislature of the state which is applicable to the area in question.
(b) The Governor may be through public notification direct that any particular Act of Parliament or of the Legislature of the state, shall not apply to a Scheduled Area or any part thereof in the state or shall apply to such area subject to such exceptions and modifications as he may specify.
(c) the Governor of a state having Scheduled Areas therein, shall annually, or whenever so required by the President of India, make a report to the President regarding the administration of the Scheduled Areas in that state and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said area.
(d) Tribes Advisory Council (TAC) shall be established in states having Scheduled Areas. The role of TAC is to advise the state government on matters pertaining to the welfare and advancement of the scheduled tribes in the state as may be referred to it by the Governor. The TAC will consist of not more than twenty members of whom about 3/4 are from STMLAs. The TAC may also be established in any state having scheduled tribes but not Scheduled Areas on the direction of the President of India
(e) The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), vide which the provisions of Panchayats, contained in Part IX of the Constitution, were extended to Scheduled Areas, also contain special provisions for the benefit of Scheduled Tribes.
- The Sixth Schedule under Article 244 of the Constitution identifies Autonomous districts in the tribal areas in Assam, Meghalaya, Tripura and Mizoram. It also makes provisions for recognition of Autonomous Regions within these Autonomous Districts.
- The district or regional councils are empowered to make rules with the approval of the Governor with regard to matters like establishment, construction or management of primary schools, dispensaries, markets, cattle ponds, ferries, fisheries, roads, road transport and waterways in the district.
- The Autonomous Councils of the North Cachar Hills and Karbi Anglong have been granted additional powers to make laws with respect to other matters like secondary education, agriculture, social security and social insurance, public health and sanitation, minor irrigation etc.
The Councils have also been conferred powers under the Civil Procedure Code and Criminal Procedure Code for trial of certain suits and offences, as also the powers of a revenue authority for their area for collection of revenue and taxes and other powers for the regulation and management of natural resources.
In terms of Article 342(1), the President may, with respect to any state or union territory, and where it is a state, after consultation with the Governor thereof, notify tribes or tribal communities or parts thereof as scheduled tribes.
Beti Bachao Beti Padhao is one the flagship programmes of the Government, launched in 2015 to address the declining Child Sex Ratio (CSR) and address other related issues of disempowerment of women. CSR is the number of girls against 1000 boys in the age group of 0-6 years.
It is a triministerial, convergent effort of Ministries of Women and Child Development, Health and Family Welfare and Human Resource Development with focus on the following: awareness and advocacy campaign; multi-sectoral action in select 161 districts (low on CSR); enabling girls’ education; effective enforcement of pre-conception and pre natal diagnostic techniques (PC&PNDT) Act.
The scheme is envisaged to bring an improvement in sex ratio at birth (SRB) in the short term while child sex ratio (CSR) with manifestation of over-all development such as improved health and nutrition, gender parity in education, better sanitation, opportunities and removal of asymmetries between the genders is endeavored in the long term.
Government announced Pan India implementation of maternity benefit programme to eligible pregnant women and lactating mothers. The programme was named as Pradhan Mantri Matru Vandana Yojana (PMMVY). The scheme envisages providing cash incentive amounting to ₹ 5,000/-directly to the bank/post office account of PW and LM in DBT mode during pregnancy and lactation in response to individual fulfilling specific conditions.
Women who suffer violence face huge problems in getting justice as they have to register FIRs and engage lawyers to fight court cases. In many cases the medical evidence gets destroyed due to lack of knowledge or pressure from perpetrators. As a result, very often women suffer violence but do not complain. In order to assist such women, a new initiative to establish One Stop Centres country (OSC) was conceived and is being implemented across the country since April 2015. A woman who has suffered violence can get medical, police, legal and psychological counselling assistance at these centres. These also have a place for them to temporarily stay in case their condition so warrants. The OSC, popularly known by the name of Sakhi will be integrated with 181 and other existing helplines. The first Centre was inaugurated at Raipur, Chhattisgarh.The management committee headed by District Collector is responsible for the day to day operation of the OSC.
The broad mandate of Mahila Police Volunteers (MPVs) is to report to authorities/police the incidences of violence against women such as domestic violence, child marriage, dowry harassment and violence faced by women in public spaces. Haryana has become the first state to operationalise the Mahila Police Volunteers scheme.
Taking note of the long lasting damage or disfigurement on the life of a person attacked with acid as well as constant medical attention, MWCD requested Ministry of Social Justice and Empowerment to include acid attack induced damage or disfigurement within the list of specified disabilities.
The initiative of Gender Champions is being implemented through educational institutions to sensitize young students and create awareness on laws, legislations. legal rights and life skills education
Rashtriya Mahila Kosh (RMK) is a society, registered under the Societies Registration Act, 1860 and an apex micro-finance organization established in 1993. The main objective of RMK is to provide micro-credit to poor women.The target beneficiaries are entrepreneurs from different economic activities ranging from traditional and modern handicraft to small business such as petty shop, etc.
Children are often unable to complain about sexual abuse because it is usually done by someone known to them. In order to provide them with a safe and anonymous mode of making a complaint, an internet based facility, e-Box, has been provided. Here, a child or anyone on his/her behalf can file a complaint with minimal details. As soon as the complaint is filed, a trained counsellor immediately contacts the child and provides assistance. The counsellor also registers a formal complaint on behalf of the child wherever required. POCSO e-box was launched in 2016.
National Nutrition Mission (NNM) is proposed to achieve improvement in nutritional status of children (O-6years), adolescent girls and pregnant women and lactating mothers in a time bound manner over a period of three years with the objectives of preventing and reducing under-nutrition in children (0-3 years); reducing the prevalence of anaemia among young children (6-59 months); reducing the prevalence of anaemia among women and adolescent girls (15-49 years) and reducing low birth weight.
