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**Report: Analysis of The Constitution Scheduled Tribes Order Amendment Act, 2021**
**1. Executive Summary:**
This report analyzes The Constitution Scheduled Tribes Order Amendment Act, 2021, based solely on the provided text. The core purpose of this amendment is to modify the list of Scheduled Tribes in relation to the State of Arunachal Pradesh. The key findings are that the amendment omits one entry and substitutes four other entries in the Schedule to the Constitution Scheduled Tribes Order, 1950, specifically for Arunachal Pradesh. These changes directly affect the recognition and classification of certain tribal communities within the state.
**2. Introduction:**
This report aims to provide an informative overview of The Constitution Scheduled Tribes Order Amendment Act, 2021 (No. 32 of 2021), based exclusively on the text provided. The analysis focuses on understanding the purpose, key changes, affected stakeholders, and likely impact of this legislative amendment.
**3. Policy Overview:**
* This Act is an *amendment* to the Constitution Scheduled Tribes Order, 1950.
* **Core Objective:** To modify the list of Scheduled Tribes in relation to the State of Arunachal Pradesh (as stated in the text).
**4. Background and Rationale:**
As this is an amendment, the rationale likely stems from a need to update or correct the existing list of Scheduled Tribes in Arunachal Pradesh. The provided text does not explicitly state the reasons for these changes. However, it can be inferred that the changes are driven by factors such as evolving social realities, representations from tribal communities, or the need for greater clarity in the identification of specific tribes. It could also be due to errors or omissions in the original order. The changes aim to more accurately reflect the tribal composition and identities within Arunachal Pradesh.
**5. Key Provisions / Changes:**
This section focuses specifically on the changes introduced by the amendment:
* **Original Policy Section Amended:** The Schedule to the Constitution Scheduled Tribes Order, 1950, specifically PART XVIII (Arunachal Pradesh).
* **Specific Changes:**
* **Change 1:** *Omission of entry 1.*
* **New Rule:** Entry 1 is removed from the list of Scheduled Tribes for Arunachal Pradesh.
* **Effect:** The tribal group previously listed as entry 1 is no longer recognized as a Scheduled Tribe under this order.
* **Change 2:** *Substitution of entry 6.*
* **New Rule:** Entry 6 is now "Tai Khamti."
* **Effect:** Replaces the previous entry 6 with "Tai Khamti," presumably updating or correcting the name or replacing a group no longer recognized or relevant.
* **Change 3:** *Substitution of entry 8.*
* **New Rule:** Entry 8 is now "MishmiKaman Miju Mishmi, Idu Mishmi, Taraon Digaru Mishmi".
* **Effect:** Broadens and clarifies the definition of the Mishmi tribe, listing the different subgroups or alternative names.
* **Change 4:** *Substitution of entry 9.*
* **New Rule:** Entry 9 is now "Monpa, Memba, Sartang, Sajolang Miji."
* **Effect:** The previous entry 9 has been replaced with expanded listing of several related groups under the Monpa designation
* **Change 5:** *Substitution of entry 10.*
* **New Rule:** Entry 10 is now "Nocte, Tangsa, Tutsa, Wancho".
* **Effect:** The previous entry 10 has been replaced with expanded listing of several related groups.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders are:
* The tribal communities residing in Arunachal Pradesh, particularly those whose names or classifications are directly affected by these amendments (specifically: the tribe previously listed as Entry 1, Tai Khamti, MishmiKaman Miju Mishmi, Idu Mishmi, Taraon Digaru Mishmi, Monpa, Memba, Sartang, Sajolang Miji, Nocte, Tangsa, Tutsa, and Wancho).
* Government agencies responsible for implementing policies related to Scheduled Tribes in Arunachal Pradesh.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Ministry of Law and Justice, Legislative Department, is responsible for publishing the Act. The government of Arunachal Pradesh, as well as related tribal affairs departments, would be responsible for implementing the changes on the ground.
* **Timelines/Procedures:** The Act came into effect upon receiving the President's assent on August 13, 2021. The implementing agencies would need to update their records and procedures to reflect the revised list of Scheduled Tribes. No specific implementation timelines or procedures are detailed in the provided text.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcomes of these specific changes are:
* More accurate and updated recognition of tribal communities in Arunachal Pradesh.
* Potential changes in access to benefits, reservations, and other entitlements for the communities whose status has been modified. The tribe removed from the list might lose some benefits previously available to them as a Scheduled Tribe. Other tribes may now have access to certain benefits they did not have access to before.
* Improved clarity and reduced ambiguity in the identification and classification of Scheduled Tribes in Arunachal Pradesh.
* These changes could also lead to social and political ramifications within the region as various tribal groups adjust to their new status.
**9. Conclusion:**
The Constitution Scheduled Tribes Order Amendment Act, 2021, represents a significant update to the list of Scheduled Tribes in Arunachal Pradesh. This amendment, though limited to specific changes, has the potential to impact the lives and entitlements of numerous tribal communities. Further investigation is warranted to understand the specific reasons behind these changes and their long-term consequences. This amendment highlights the ongoing need for governments to carefully consider and periodically update the lists of Scheduled Tribes to keep up with changing realities.
Key Entities Referenced
THE CONSTITUTION SCHEDULED TRIBES ORDER AMENDMENT ACT, 2021: An Act of Parliament to amend the Constitution Scheduled Tribes Order, 1950 to modify the list of Scheduled Tribes in relation to the State of Arunachal Pradesh.
Constitution Scheduled Tribes Order, 1950: An order related to the list of Scheduled Tribes in India, being amended by the current Act.
Arunachal Pradesh: A state in India, specifically mentioned as the region to which the amendments to the Scheduled Tribes list apply.
Parliament: The legislative body that enacted the Constitution Scheduled Tribes Order Amendment Act, 2021.
Tai Khamti: A scheduled tribe, the entry for which is being substituted in the Constitution Scheduled Tribes Order, 1950 for Arunachal Pradesh.
MishmiKaman Miju Mishmi, Idu Mishmi, Taraon Digaru Mishmi: A scheduled tribe, the entry for which is being substituted in the Constitution Scheduled Tribes Order, 1950 for Arunachal Pradesh.
Monpa, Memba, Sartang, Sajolang Miji: A scheduled tribe, the entry for which is being substituted in the Constitution Scheduled Tribes Order, 1950 for Arunachal Pradesh.
Nocte, Tangsa, Tutsa, Wancho: A scheduled tribe, the entry for which is being substituted in the Constitution Scheduled Tribes Order, 1950 for Arunachal Pradesh.
Anoop Kumar Mendiratta: Secretary to the Govt. of India.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 13th August, 2021/ Sravana 22, 1943 (Saka)
The following Act of Parliament received the assent of the President on the
13th August, 2021, and is hereby published for general information:—
THE CONSTITUTION (SCHEDULED TRIBES)
ORDER (AMENDMENT) ACT, 2021
NO. 32 OF 2021
[13th August, 2021.]
An Act further to amend the Constitution (Scheduled Tribes) Order, 1950 to
modify the list of Scheduled Tribes in relation to the State of Arunachal Pradesh.
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as
follows:—
1. This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Short title.
Act, 2021.
C.O. 22. 2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Amendment
PART XVIII.—Arunachal Pradesh,— of
Constitution
(a) entry 1 shall be omitted; (Scheduled
Tribes) Order,
1950.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
(b) for entry 6, the following entry shall be substituted, namely:—
"6. Tai Khamti";
(c) for entry 8, the following entry shall be substituted, namely:—
"8. Mishmi-Kaman (Miju Mishmi), Idu (Mishmi), Taraon (Digaru Mishmi)";
(d) for entry 9, the following entry shall be substituted, namely:—
"9. Monpa, Memba, Sartang, Sajolang (Miji)";
(e) for entry 10, the following entry shall be substituted, namely:—
"10. Nocte, Tangsa, Tutsa, Wancho".
————
ANOOP KUMAR MENDIRATTA,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—716GI(S3)—13-08-2021.