Centre mulls ST ordinance

Nishit Dholabhai, TT, New Delhi, Dec. 8: The BJP-led NDA government is considering promulgating an ordinance to recognise six communities in Assam as Scheduled Tribes.

Student leaders from Assam had called on tribal affairs minister Jual Oram yesterday to press their demand of granting ST status to these communities before the Assembly elections next year.

Oram is understood to have told them that an ordinance may be promulgated, although the government would also have to change the rules of granting ST status to new groups.

Tai Ahom, Koch Rajbongshi, 97 groups of tea tribes and Adivasis, Moran, Muttock and Sooteas are the OBC communities in Assam who are demanding ST status.

To achieve this, the Centre must change the rules of recognising communities as Scheduled Tribes, a task that is fraught with sensitivities.

"Both the Congress and the BJP have only been talking about the ST status and yesterday a new idea of an ordinance for recognition of tribes was communicated to us," Trailokya Rai, general secretary of the All Assam Koch Rajbongshi Students' Union toldThe Telegraph today. "Let us see when they do it," he said.

Minister of state for home Kiren Rijiju did not mention the ordinance route when students met him today, said Rai.

Yesterday, the students' groups held a demonstration here before meeting Oram. Today, 10 leaders from six organisations called on Rijiju at North Block to press for their demand.

Rai said after talking to Rijiju, the delegation felt that the Centre did not have a concrete roadmap in mind to grant ST status to them. "He said the government was committed but did not say when it will happen," Rai said.

In 1996, the Centre had promulgated an ordinance to grant ST status to the Koch Rajbongshi community and re-promulgated this thrice. But the bill could not be passed in 1996 or during the later NDA regime.

Assam goes to polls in April-May next year and granting of ST status to the communities is a hot issue that can tip the balance for either side. This is also the principal demand of the Arabinda Rajkhowa-led pro-talks faction of Ulfa, which is currently holding talks with the Centre.

If the BJP-led Centre does promulgate an ordinance, it may reap dividends. But the Narendra Modi government has drawn flak for implementing too many ordinances, especially the Land Acquisition Rehabilitation and Resettlement Bill, 2015.

A BJP MP said "something" may come up before the polls. The Centre can promulgate an ordinance after December 23 when the winter session of Parliament ends. Ordinances cannot be promulgated when Parliament is in session.

A Union Cabinet meeting could either approve a change in rules for granting ST status or directly approve an ordinance later this month. Parliament will then have to pass a Constitutional amendment within six months.

Prohlad Gowala of the Assam Tea Tribes Students' Association was cautious about the meeting with Oram. "It is an assurance that the tribal affairs minister has given but we are not sure if it is going to happen," he said.

Currently, there are differences between the tribal affairs ministry and the home ministry on how to hasten the process. While the tribal affairs ministry thinks changing of rules is a sensitive matter, lest it draw similar demands from other parts of the country, the home ministry thinks differently.

"Assam has a unique history and strategic importance, unlike other states, so exceptions have to be made," said a senior government official dealing with the issue. The Congress government in Assam has been in favour of granting ST status to the communities and the Assembly has passed a resolution to this effect.

The Ulfa talks may also be close to a settlement if these communities get ST status, as questions about indigenous people's political rights and land alienation could then be addressed.

Sources said that decks are being cleared for "not opposing" bail applications of Ulfa general secretary Anup Chetia, whose next hearing is on December 14 in Guwahati.

The flip side of the ST issue is that existing Scheduled Tribes may oppose this move. Government sources said a formula to satisfy reservations of existing ST communities will be worked out so that there is no difference in job opportunities.