[ Avia Ngwazah ]
With great wisdom and benevolence, the president of our nation had ordered “all tribes” of the NEFA Scheduled Tribes (ST) in the year 1950, including the original 12 entries. This order is enshrined in the Constitution (ST) Orders, 1950 (PART XVIII). Thus, Arunachal’s tribal communities were made STs 10 years before the state’s first census.
Off and on, people want to know the constitutional validity of Yobin being ST of Arunachal Pradesh without an Act of the Parliament. Is there such a thing as half-ST in India?
The fact that the president of our nation has the power to order communities and/or parts of communities as STs, in accordance with the provision of Article 342(1) of the Constitution, is less known. Most people are aware only of Article 342 (2), which is inclusion/exclusion of ST by an Act of Parliament.
For the state of Arunachal, this Presidential (ST) Orders, 1950 is the only ST provision. There has never been any new tribe inclusion. The ST amendments to the original 12 entries, made from time to time, the latest being in August 2021, are only to correct nomenclatures and to separate from “inclusive tribes” to individual STs.
Of all the indigenous tribes of the state, only the Yobin tribe suffered ST deprivations from time to time. Though some authorities understand the ambit of the Presidential ST Orders pertaining to the state, others were looking only for by-name ST notification. The provision of ‘inclusive tribes’ was not obvious to some.
After the 1970s, the issuance of ST certificates (STC) to members of the Yobin community stopped without any explanation or notification. The issuing authorities were of the view that the Yobin could not be given STCs because the name ‘Yobin’ is not in the ‘ST list’ of the state; nor was Yobin a sub-tribe of any of the listed tribes. Thus, the GoAP repeatedly appealed to the union Ministry of Tribal Affairs to “extend ST to Yobin tribe” of Arunachal by amending the Constitution.
Of course, from the very first census of the state, even in the Gazetteer of India/Tirap district, Yobin is always listed as a Scheduled Tribe of Arunachal, and also as a tribe of the district. (Gazetteer of India/Tirap district, Pg 44, entry 5 & Pg 2).
While other Arunachali tribes enjoy ST benefits against their own name or for being part of larger groups, Yobin was overlooked for not being a synonym, or of a sub-group like the rest. Yobin have always been independent individual ST of the state.
The turning point came in 2013, when the GoAP realised “the fact that the Presidential Order of 1950 with respect to Scheduled Tribes as amended in 1956 is applicable to Yobins”. (Secy SJETA FN Secy (SE) SC/ST (IN-EX) 99. 26-11-2013). Thus the appeal to union Ministry of Tribal Affairs for Yobin tribe was made once again.
Then the clarification came from the ORGI (MHA), stating: “The community ‘Yobin’ being an indigenous tribe of the state have the status of a ST… the tribe is an independent Scheduled Tribe and not the section/subgroup/synonym of any of the 16 STs appeared in the notified list…”. (Cf ORGI Letter no 8/1/2014-SS (Arunachal Pradesh). Dated 1-8-2014)
And after receiving conducive communication from the director, Constitution & Legal Matters Division, Ministry of Tribal Affairs, the state government restarted issuance of STCs to the members of Yobin community. (F no 1525/2/2013-C&LM-1)
It should also be noted that there was a glitch in 2017, and issuance of Yobin STCs were rescinded temporarily. The objection was not against the Yobin tribe but to the technical incongruence of the notification itself. The NCST recalled: “However, the notification was withdrawn as per advice of MTA as the state government cannot issue notification under Article 342.” (No.YT/1/2017/STGAR/DEOTH/RU-II).
After the temporary halt on the issuance of Yobin STCs, clarification and directions came from the Government of India in favour of the Yobin tribe.
The Constitution & Legal Matters Division (Ministry of Tribal Affairs) has pointed to the Constitution (ST) Orders, 1950 (Part XVIII) and stated, “Thus, Yobin tribe… inhabiting in Arunachal Pradesh is inclusive tribe and no separate amendments are required in terms of Article 342(2) of the Constitution of India… the state government of Arunachal Pradesh is advised to extend benefits/issue caste certificates to Yobin tribe….” (File No 1525/2/2013-C&LM-I. Dated February, 2018).
This direction was followed by the NCST, directing, “the state government of Arunachal Pradesh is advised to extend benefits of ST to Yobin tribe and also issue ST caste certificated to Yobin tribe immediately”. (The chairman, National Commission for Scheduled Tribes, GoI. (NoYT/1/2017/STGAR/DEOTH/RU-II).
The ORGI had further stated that “Yobin also a notified ST in Arunachal Pradesh. Since all indigenous tribes of the Arunachal are notified STs…”. (File No 28/1/2017-SS (Public Grievance)/75. Dt 27/9/2017.
The NCST had further followed up, asking the “action taken report” of its instruction to issue ST to Yobin tribe. (No YT/1/2017/STGAR/DEOTH/RU-II Dated 30.05.2018).
All these directions were further studied and favourably commented to by the advocate general of Arunachal.
Finally, on 7 December, 2018, in Vijaynagar, during a public gathering chaired by Changlang DC RK Sharma, the then chief secretary Satya Gopal announced the reissuance of STCs to the Yobin tribe. He quoted the directions that came from the NCST, the MoTA, ORGI, and so on.
Chief Minister Pema Khandu, together with DCM Chowna Mein did the actual distribution of the first copies of ST certificates to the members of the Yobin community. This jubilant event was witnessed by MP (East), the local minister, MLAs, CS, Changlang DC, officers, and the general public of Vijaynagar circle.
And ever since, the Yobin tribe once again enjoys the rightful ST benefits provisioned by the president of the country in his far-sighted wisdom since 1950.
It is also true that some institutions need instructions as how to honour ST certificates given under Constitution (ST) Orders 1950 (PART XVIII). Here again, the C&LM division, MoTA, GOI had instructed the VCs of JNU, University of Delhi that they are to accept these ST certificates. (Ministry of Tribal Affairs. F No 15025/2/2013-C&LM-I. Dated 25 July, 2019).
Obviously, the uniqueness of Arunachal ST provisions, especially under Article 342(1) calls for keen observation. The dealing authorities ought to be careful, so that there is no tinkering with the intention of the Presidential ST Order, just as the Supreme Court had observed: “It is not open to the state governments or courts or tribunals or any other authority to modify, amend, or alter the list of Scheduled Tribes specified in the notification issued under Clause (1) of Article 342”. (SC decision, dated 28-11-2000. Civil Appeal no 2294 of 1986)
From eastern districts of Arunachal, the Yobin remain the only tribe which is still an “inclusive tribe” of the Constitution (ST) Orders 1950, Part XVIII. And Yobin awaits for the day when it is also notified by name in the Constitution of the country. And to be so is highly significant, for the tribe dwells in the last villages along international boundaries. It is highly important that Yobin’s ST identity is also enlisted by name, and not only as a tribe of “all tribes including…”. This status of Yobin’s ST, though completely constitutional and legal, it is not always easy to explain the constitution to all who do not know how to interpret the laws.
Therefore, let us continue to honour the Presidential ST Order, 1950, which is the basis of all STs of the state of Arunachal. ST amendments do happen from time to time. And Yobin, which lacks significant advocacy, are also asking for ST amendment, so that the tribe is enlisted by name in the Constitution, just as the Parliament has helped 10 other fellow tribes get enlisted by their individual ST names.
But before Yobin ST amendment happens, the present STCs issued to the Yobin tribe by the Government of Arunachal under the directions of the Government of India, must be honoured by everyone, for it comes from the provisions of the president of our nation. (Avia Ngwazah is the general secretary of the Yobin Fundamental Rights Forum)
