Article 338A of CoI : Article 338A: National Commission for Scheduled Tribes.

Explanation using Example

Example 1:

Scenario: A Scheduled Tribe community in a remote village in Jharkhand is facing illegal land acquisition by a private company.

Application of the Act:

1. Investigation and Monitoring: The National Commission for Scheduled Tribes (NCST) receives a complaint from the community about the illegal land acquisition.
2. Inquiry into Complaints: The NCST initiates an inquiry into the complaint to investigate the deprivation of rights of the Scheduled Tribe community.
3. Powers of Civil Court: During the investigation, the NCST uses its powers similar to a civil court to summon the company officials, require the production of land acquisition documents, and examine witnesses under oath.
4. Reporting and Recommendations: After the investigation, the NCST presents a report to the President of India, detailing the findings and recommending measures to protect the community's land rights.
5. Action by Government: The President forwards the report to the Parliament, and the Union Government takes necessary actions based on the recommendations to halt the illegal land acquisition and ensure the protection of the community's rights.

Example 2:

Scenario: A Scheduled Tribe student in Maharashtra is denied admission to a government college despite meeting the eligibility criteria.

Application of the Act:

1. Inquiry into Complaints: The student files a complaint with the NCST regarding the denial of admission.
2. Investigation and Monitoring: The NCST investigates the complaint to determine if there has been a violation of the safeguards provided for Scheduled Tribes under the Constitution or any other law.
3. Powers of Civil Court: The NCST uses its powers to summon the college authorities, require the production of admission records, and examine the evidence on affidavits.
4. Reporting and Recommendations: The NCST finds that the student was unfairly denied admission and recommends corrective measures to the college and the state government.
5. Action by Government: The report is forwarded to the Governor of Maharashtra, who lays it before the State Legislature. The state government takes action to ensure the student is admitted to the college and implements measures to prevent such incidents in the future.

Example 3:

Scenario: The Union Government is planning a new socio-economic development program for Scheduled Tribes.

Application of the Act:

1. Consultation on Policy Matters: Before finalizing the program, the Union Government consults the NCST to seek its advice on the planning process.
2. Participation and Advice: The NCST participates in the planning process, providing insights and recommendations to ensure the program effectively addresses the socio-economic development needs of Scheduled Tribes.
3. Evaluation of Progress: Once the program is implemented, the NCST monitors and evaluates its progress, presenting annual reports to the President on the effectiveness of the program and suggesting further improvements.
4. Action by Government: Based on the NCST's reports and recommendations, the Union Government makes necessary adjustments to the program to enhance its impact on the welfare and development of Scheduled Tribes.

Example 4:

Scenario: A Scheduled Tribe community in Odisha is facing issues with access to basic amenities like clean water and healthcare.

Application of the Act:

1. Investigation and Monitoring: The NCST receives a complaint from the community about the lack of basic amenities.
2. Inquiry into Complaints: The NCST conducts an inquiry to investigate the deprivation of rights and safeguards of the Scheduled Tribe community.
3. Powers of Civil Court: The NCST uses its powers to summon local government officials, require the production of relevant documents, and examine witnesses to gather evidence.
4. Reporting and Recommendations: The NCST presents a report to the President, highlighting the issues faced by the community and recommending measures to improve access to basic amenities.
5. Action by Government: The President forwards the report to the Parliament and the state government. The state government takes action to provide clean water and healthcare facilities to the community, based on the NCST's recommendations.

Example 5:

Scenario: A Scheduled Tribe employee in a government office in Madhya Pradesh faces discrimination and harassment at the workplace.

Application of the Act:

1. Inquiry into Complaints: The employee files a complaint with the NCST regarding workplace discrimination and harassment.
2. Investigation and Monitoring: The NCST investigates the complaint to determine if there has been a violation of the employee's rights and safeguards.
3. Powers of Civil Court: The NCST uses its powers to summon the office authorities, require the production of relevant documents, and examine witnesses under oath.
4. Reporting and Recommendations: The NCST finds evidence of discrimination and harassment and recommends disciplinary action against the responsible officials and measures to prevent such incidents in the future.
5. Action by Government: The report is forwarded to the Governor of Madhya Pradesh, who lays it before the State Legislature. The state government takes action to address the issue and implement the NCST's recommendations to ensure a safe and fair working environment for the employee.