Indigenous Day or Adivasi Diwas

August 9 is celebrated as the International Day of the World’s Indigenous Peoples. The United
Nations General Assembly decided in its Resolution 49/214 on 23 December 1994 to observe
this day. August 9 was chosen as it was the first day of the meeting of the Working Group on
Indigenous Populations in 1982. International Day of the World’s Indigenous Peoples is
observed to spread the message on the protection and promotion of the rights of indigenous
peoples.

In Indian context the Union Minister on Tribal Affairs, Shri Arjun Munda tweeted – Johar on
Vishw Adiwasi Diwas meaning he greeted the people on International Day of the World’s
Indigenous Peoples. It is interesting to note the official position of India on the issue of
Indigenous people in India.

In the much touted Supreme Court judgement of 2011 rendered by Justice Markandey Katju and
Gyan Sudha Misra in Kailas vs. State of Maharashtra, they had stated that the tribal people
(Scheduled Tribes or Adivasis), are probably the descendants of the original inhabitants of India.
They further stated that some of the original inhabitants of India known as the `aborigines' or
Scheduled Tribes (Adivasis), presently comprise of only about 8% of the population of India.
The rest 92 % of the population of India consists of descendants of immigrants. At one time it
was believed that the Dravidians were the original inhabitants. However, this view has been
considerably modified subsequently, and now the generally accepted belief is that the original
inhabitants of India were the pre- Dravidian aborigines i.e. the ancestors of the present tribals or
advasis (Scheduled Tribes).

But this judgement counts for nothing as it is not in consonance with the stand of the
Government of India. The Special Report on Good Governance for Tribal Development &
Administration published in May 2012 by the National Commission on Scheduled Tribes
(NCST) is very vital in this regard.

It is pertinent to note that the NCST is constitutional body. While the Ministry of Tribal Affairs
was set up in 1999 after the bifurcation of Ministry of Social Justice and Empowerment with the
objective of providing a more focused approach towards the integrated socio-economic
development of the Scheduled Tribes in a coordinated and planned manner whereas the NCST
was setup w.e.f. February 19, 2004 through the Constitution (89 th Amendment Act), 2003
wherein the Article 338 A was inserted in the Constitution.

The Special Report of 2012 deals with the topic of International Labour Organization (ILO)
Conventions concerning Tribal people. C107 also known as Indigenous and Tribal Populations
Convention, 1957 is an ILO Convention within the United Nations that was established in 1957.
India had ratified that convention on 29th September, 1958. This Convention was subsequently
revised in 1989 by Convention C169 Indigenous and Tribal Peoples Convention, 1989. India has
not ratified the 1989 Convention.

The position of Government of India is that the concept of indigenous people provided in
Convention 107 Convention 169, does not apply in the India context as all Indians are considered
indigenous. The Government has all along taken the position that all Indians including the tribals
are indigenous people and that tribals alone cannot be equated as indigenous people. The ILO
uses the word “indigenous people” whereas India does not accept this term with reference to the
tribes scheduled under our Constitution. Hence the concept of Indigenous People as defined in
the Convention is not applicable in the Indian context.

While there is no indication that the Convention would be ratified by India in near future the
position of the Government is also that the country needs to adopt best practices out of ILO
Conventions to improve our systems.

Hence while a few may question fervour of the adivasi communities observing the day, it is
important to imbibe the message of the UN regarding the protection and promotion of the rights
of indigenous peoples.