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CONTRACT PRESENTATION SPEECH

ISSUE 2

 The second issue presented here is the lack of uniform categorization in the list of DNTs as
enumerated by the Idate Commission hinders the effective implementation of SEED and
infringes the socio-economic rights of the communities.

 The heart of this issue lies in the list of DNTs as enumerated by the Idate Commission's
report, a list loaded with inconsistencies, discrepancies, and a lack of uniformity.

 The lack of uniform categorization within the list of DNTs has been a major hindrance to the
effective implementation of the SEED (Social and Economic Empowerment of De-notified,
Nomadic, and Semi-nomadic Tribes) scheme, and it infringes upon the socio-economic
rights of these marginalized communities.

 The inconsistencies in the list have created significant hurdles for eligible communities, who
are already educationally and economically deprived, as they have to face prolonged
delays and unwarranted difficulties in availing the benefits of the SEED program.

 The Petitioner humbly submits that the list of De-notified Tribes, as outlined by the Idate
Commission's Report1, is lacking in both uniformity and precision. The Report fails to
provide a clear and comprehensive understanding of the various tribes that have been de-
notified and their current status.

 The categorization of these communities by the Idate Commission is far from clear and
comprehensive, leaving room for inaccuracies and inconsistencies.

1
Idate Commission, Report on Denotified, Nomadic, and Semi-Nomadic Tribes (2018).
 For instance, the Banjara community in Delhi is under the SC list, while the same
community in Rajasthan is categorized as ST, and in Uttar Pradesh, as OBC.2

 Some communities were categorized differently even within the same state, depending
on the district they belonged to.

 Inaccuracies within the list have led to different generations within a particular community
being issued different certificates, creating confusion and discrepancies.

 Spelling variations based on local dialects have caused difficulties in identification and
verification, hampering individuals' access to essential services and benefits.

 Deriving from the Universal Declaration on Human Rights3, Tribal Rights were partially
codified by ILO’s Indigenous and Tribal Populations Convention of 1957 4 which was ratified
by India.

 This convention requires the governments of all member countries to take all measures for
enabling the tribal population to benefit on an equal footing from the rights and
opportunities which national laws grants to the rest of the population and frame policies
for “promoting the social, economic and cultural development of these population and
rising their standard of living”

 Tribes can invoke a legal right to property under Article 300A5 of the Constitution.

 In light of these issues, I humbly request this Hon'ble Court to recognize the significance of
this problem and seek a remedy. We are seeking remedies that include the creation of a

2
Abhinay Lakshman, Denotified, Nomadic, Semi-Nomadic Tribes: 402 SEED Registrations So Far Online,
None Approved Yet, The Hindu (August 29, 2022).
3
Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 (1948)
4
ILO Convention No. 107, Indigenous and Tribal Populations Convention, 1957.
5
The Constitution of India, 1950, Art. 300A.
uniform and accurate categorization system for DNTs, one that ensures transparency,
consistency, and impartiality in the distribution of community certificates.

 Additionally, we call for the enactment of special legislation to address crimes against the
Scheduled Tribes and provide a redressal mechanism for their grievances, as existing laws
have proven inadequate. It is the duty of this Hon'ble Court to draw guidelines for the
legislature to enact such laws.

 In conclusion, this issue is of paramount importance as it affects the socio-economic rights


of the most marginalized communities in our society. We urge this Hon'ble Court to take
cognizance of the lack of uniform categorization and inaccuracies in the list of DNTs and
take the necessary steps to address these concerns. Let us strive together for a more
equitable and just society. Thank you.

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