India is a country where the human beings live basing on races. The different races are recognized on the basis of shape, size, characteristics of various organs of the body and also depending upon environment and cultural activities. Due to this kind of classification of races now-a-days the people in India follows ethnic identity of their race. India constitute 8% of the total population as tribal’s. As per the classification of Dr.B.S.Guha the population of India is mainly derived from the six main ethnic groups from those groups Negrito, Proto-Austroloid, and Mongoloid are the groups which derives the tribal races from the total population. Tribal population in India constitutes more than 50 groups. The three ethnic groups propounded by Dr.B.S.Guha are the groups migrated to India in the early periods. All the tribal communities in India are mostly food gatherers or hunters. Some of them practice the primitive method of shifting cultivation. In the Himalayan region some of them are pastoral communities.
DIFFERENT GROUPS OF TRIBALS:
The Scheduled areas declared by the Indian Government where the transfer of land from the local inhabitants to outsiders is not allowed covers 99,000 square miles and are inhabited by six main tribal groups as follows:
Gonds residing mainly in central India.
Bhils residing mainly in Westeren India.
Santhals residing mostly in Bihar.
Oraons residing mainly in Bihar and West Bengal.
Minas residing in Rajasthan.
Mundas residing in Bihar, West Bengal and Orissa.
Some other Indian Tribes found in different places in India are Angami in Manipur,Adivasis in Bastar District of Madhya Pradesh, Chenchus in Andhra Pradesh and Orissa, Gaddis in Himachal Pradesh, Garos in Assam and Meghalaya Hills, Gujjars in Himachal Pradesh and Jammu and Kashmir, Jaintias in the hills of Meghalaya, Khasis on the hills of Meghalayas and Assam, Khonds in some parts of Orissa, Lepchas of Sikkim, Lushais of Tripura, Murias in Bastar District of Madhya Pradesh, Mikris in Assam, Nagas in Nagaland, Onges in Andaman and Nicobar Islands and Tadas on theNilgiri Hills and Tamilnadu.
Tribal Population in various states:-
Chattisgarh is the first largest tribal state in India followed by Jarkhand and Orissa. Madhya Pradesh before the separation of Chattisgarh has the largest number of tribal people (15 million). Bastar District in Madhya Pradesh, now in Chattisgarh State is a compact block consisting mainly of Tribals. It is one of the biggest districts in India with an area of 37,750 square kilometers. It is cut-off from all other influences as the area has difficult hilly relief.
Uttar Pradesh, Punjab and Haryana have hardly any tribal population, as these states are located in the northern plains which, being open to all migrating racial influences, cannot sustain exclusiveness which is part of the tribal culture.
IN the Southern states of kerala, Tamilnadu, Karnataka and Andhra Pradesh although there are hilly areas,tribal population is not high for the reason that, these areas are not so extensive. In the north-eastern region the tribal population is comparatively less but they form much higher percentage of population of these areas.
An important characteristic of tribal distribution of population is their concentration in small patches. Two-thirds of total tribal population is concentrated in 62 districts out of which 34 districts have 50 % or more of tribals. These districts are in the northeastern States, Lakshadweep, Madhya Pradesh, Orissa, Gujarat and Rajasthan. The remaining 28 districts have tribal population ranging from 20 to 50% of total population. These districts occur in Madhya Pradesh, Gujarat, Orissa, Maharashtra, Rajasthan, Bihar and West Bengal.
Tribal Way of Life:
In terms of village settlements, exclusive tribal villages are located in remote and inaccessible forest regions. Such isolation has largely helped them to preserve their distinct cultural identities. The tribal life is very simple. They get all their requirements from the local environment. They generally practice food gathering, hunting and shifting cultivation. The means of production are collectively owned and social and economic inequalities do not exist. As market forces do not operate and the level of technology is very low, this type of simple structure could continue only in isolation. Amongst the tribals the mortality rates are high and the literacy rates are low. They are also less urbanized. It is found that more than 90 percent of the scheduled tribes are dependent on agriculture. Those, who are depending on agriculture, do not live in complete isolation, as they have also to depend on middlemen and traders.
When days passed on the tribal people developed their lives to some extent by developing some changes in their societies. Those Changes in Tribal societies have been caused by the three kinds of processes,
i) Internal
ii) External and
iii) Religious movements.
In the first group, the internal causes may be mentioned the direction which a tribal group decides to take in response to the stresses that are inherent in their exposure to the outside world. This determines whether a tribe recedes further into the background or makes necessary changes in their ways to confirm to the realities of the situation.
The second group, the external causes, may be due to activities of voluntary agencies working for tribal upliftment or government policies and laws enacted with the same objectives. Here again the response has to come from the tribal groups.
In the third group, religion has been mentioned. This is a combination of both external and internal force. Important social changes have resulted from religious moments. The main thrusts have come from Hinduism and Christianity. The Birsa Movement of Ranchi, Tana Bhagat Movement of Lohardaja, the Raj Mohini Devi movement of Madhya Pradesh are instances which show the tribal culture has responded to Hindu religion. Even though the tribal were in retrograde compared to other people in the Nation.
Legal Provisions for the Upliftment of Tribals:
The tribal people who are isolated from the rest of the society and making their livelihood in the forests were really in backward condition and so the Indian government has laid down various legal provisions and enacted several laws for the upliftment of tribal people.
CONSTITUTION OF INDIA:
Indian Constitution has accepted the ideas of equality and justice both in the Social and Political fields. Accordingly it abolishes any discrimination to any class of persons on the ground of religion, race or place of birth.
“It would have been a blunder on the part of the makers of the constitution if, on a logical application of the above principle they have omitted to make any special provisions for the advancement of those who are socially and economically backward, for the democratic march of nation would be impossible if those who are handicapped are not aided at the start. The principle of democratic equality, indeed can work only if the nation as a whole is brought on the same level as far as that is practicable. Our Constitution, therefore, provides certain temporary measures to help the backward sections to come up to the same level with the rest of the nation, as well as certain permanent safeguards for the protection of the cultural, linguistic and similar rights of any section of the community who might be said to constitute “minority” from the numerical, not communal point of view in order to prevent the democratic machine from being used as an engine of oppression by the numerical majority”[i] .
The Indian Constitution specifically provided certain Articles in the Constitution for the upliftment of tribals and also to protect them from the oppressions caused by the other people in the society. The protective rights granted by the Indian Constitution, 1950 to the tribal people can be classified under the following heads.
1. Educational and Cultural Rights (Articles 15(4), 29, 46 and 350.)
2. Social Rights (Articles 23 and 24)
3. Economic Rights (Articles 244 and 275)
4. Political Rights (Articles 164(1), 243, 330, 334 and 371.)
5. Employment Rights (Articles 15(4), 16(4) and 16(4A).)
In addition to these rights Fifth and Sixth Schedule of the Indian Constitution completely deals with the welfare of the tribal people.
1. To Protect Educational and Cultural Rights of Tribals:
Article 15(4): It states that reservations should be provided to the socially and educationally backward classes (including Scheduled Tribes). It also empowers state to make special laws for relaxation of minimum qualifying marks for admission for scheduled castes and scheduled tribes.
In State of Madhya Pradesh Vs. Nivedita Jain[ii] , the Supreme Court upheld the validity of an executive order of the State Government which had completely relaxed minimum qualifying marks in pre-medical examination for selection of students to medical colleges of the state in respect of scheduled castes and scheduled tribe’s candidates.
Article 29: It guarantees to any section of the citizens residing in any part of India having distinct language, script or culture of its own, the right to conserve the same i.e. language, script or culture. A minority community can preserve its language, script or culture by and through educational institutions.(including Scheduled Tribe’s).
Article 46: It enjoins the State to promote with special care education and economic interest of the weaker sections of the people, and in particular of the scheduled castes and scheduled tribes, and to protect them from social injustice and of all forms of exploitation.
Article 350: The Constitution also gives right to every person to submit a representation for the redress of grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the States as the case may be.
2. To Protect Social Rights of Tribals:-
Article 23: It prohibits the system of bonded labour because it is a form of force labour within the meaning of this article.
Article 24: It prohibits employment of children below the age of 14 years in factories and hazardous employment.
3. To Protect Economic Rights of Tribals:
Article 244: It deals with the administration of Scheduled Areas and Tribal Areas.
Article 275: It empowers parliament to make special grants given to the States which undertakes schemes of development for the purpose of promoting the welfare of the scheduled tribes or raising the level of administration of the scheduled areas.
4. To Protect Political Rights of Tribals:
Article 164(1): It empowers the State to establish special Ministry for Scheduled Tribes in the States like Chattisgarh, Madhya Pradesh, Orissa, etc.
Article 243, 330 and 334: It deals with the reservation of seats for scheduled caste’s and Scheduled Tribe’s in the House of the people and the panchayats.
Article 371: It deals with the special provisions with respect to the states of Sikkim, North-eastern states.
In a significant Judgment[iii], a five judge bench of the Supreme Court has held that a person belonging to scheduled Caste or Scheduled Tribe, bearing the same nomenclature (name) in two states is entitled to the rights, privileges and benefits only in the state of his origin but not entitled to those rights and benefits in other states where he migrates subsequently to other states though they are specified in the scheduled caste or Scheduled Tribe list of the State (Articles. 341 and 342).
5. To Protect the Employment Rights of Tribals:-
Article 15(4): It provides reservations to scheduled tribes in the educational institutions.
Article 16(4) and 16(4A): It provides reservations to scheduled tribes in the employment and promotions.
Fifth and Sixth Schedules of the Constitution:
The provisions relating to the administration and Control of the Scheduled Areas and scheduled Tribes in any state, other than Assam, Meghalaya, Tripura and Mizoram are contained in the Fifth Schedule to the Constitution.
Article 244-A empowers parliament to form an autonomous State comprising certain Tribal areas in Assam and create local legislature or Council of Ministers for such States.
The Administration of the Tribal Areas in the State of Assam is carries on according to the provisions of the sixth Schedule. It provides for autonomous districts and autonomous regions.
Constitution of Commissions:
The Constitution of India does not define as to who are the persons who belong to Scheduled caste’s and scheduled Tribe’s. However, Article 341 and 342 empowers the President to draw up a list of these castes and tribes. Under Article 341 the President after consultation with the Governor with respect to the State, specify the Castes, races or tribes or of groups within castes, races or tribes for the purpose of their constitution.
Article 330 deals with the reservation of seats to scheduled tribes in the autonomous districts of Assam. Art.332 provides for the reservation of seats of scheduled Castes and Scheduled Tribes in the legislative Assembly of every State (Except Assam).
The Constitution (89th Amendment), 2003 has amended Article 338 and added a new Article 338-A which provides for the establishment of National Commission for the Scheduled Tribes.
National Commission for Scheduled Tribes:
The Commission consists of a Chairman, Vice-Chairman and three other members. They shall be appointed by the president of India.
Duties of Commission: It shall be the duty of the Commission
A. to investigate and monitor all matters relating to the safeguards of Scheduled Tribe’s under the Constitution and any other law or any order of the Government and to evaluate the working of such safeguards.
B. to inquire into specific complaints with respect to the deprivation of rights and safeguards of Scheduled Tribe’s.
C. to participate and advice on planning process of socio-economic developments of scheduled tribe’s and to evaluate the progress of their development under the Union and any State.
D. to present to the President reports upon the working of all those safeguards annually and at such other times as the commission deems fit.
E .to make recommendations as to measures that should be taken by the centre and states for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of Scheduled Tribe’s.
F. to discharge such other functions for protection, welfare, development and advancement of Scheduled Tribe’s as the president may, subject to the provisions of any law made by parliament, by rule specify.
Article 339(1) states that the President may at any time and shall at the expiration of ten years from the commencement of the Constitution appoint a commission to report on the administration of Scheduled areas and the Scheduled Tribes in the State.
Relevant Laws Enacted by Various States for the Protection of Tribals:
Depending upon the changing circumstances and human tendencies the various State Governments and the Union Government enacted several laws for the protection of the Scheduled Tribes. Those laws are as follows:
Acts Made by the Union Government:
(i)The Scheduled Caste’s and Scheduled Tribe’s (Prevention of Atrocities) Act, 1985 and 1995:
The purpose of the Act is to protect the tribal people from discrimination in their social Status and also to vanish inhuman tortures against them.
(ii)The Scheduled Tribe’s Bonded Labour Abolition Act, 1976:
The main objective of the Act is to protect tribals from the bonded labour in the hands of the land lords who provide little wage for huge work.
(iii)The Child Labour Abolition Act, 1986:
This Act prohibits the employment of the children of tribals below the age of 14 years in Industries and hazardous workshops.
(iv)The Forest Conservation Act, 1980:
This Act provides that the use of forest land for the non-forest purpose is prohibitory. As most of the tribal people live in forests. The protection of forests is an important aspect in their lives.
(v)The Panchayat Raj Act, 1996:
This is an amendment for Panchayat Raj Act for the implementation of the Act in Scheduled Areas to protect the tribals by aiding them grants from the government by constituting it as small bodies.
(vi) The Minimum Wages Act, 1948:
It provides that minimum wage must be paid to the workers in the organized sector but most of the tribals work in unorganized sector.
State Laws for the Protection of Lands of Tribals:
In general most of the States do not permit to transfer land of Scheduled Areas to non-tribals. Also alienation of land of Scheduled Area by the tribal to a non-tribal is void. If a tribal needs to alienate a land then the alienation must be made to a tribal or government.
Some examples of the State laws for the protection of tribal lands are:-
1. The Andhra Pradesh Scheduled Areas Land Transfer Regulation Act, 1959.
2. The Scheduled Tribes in Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. (Union Government Act.)
3. The Andhra Pradesh Scheduled Commodities Order, 1973.
4. The Karnataka Scheduled Castes and Scheduled Tribes Act, 1978.
5. The Tamilnadu Acquisition of Land for Harizan Welfare Schemes Act, 1978 and etc.
Even though so many laws were enacted by the central and State governments for the welfare of the tribals those laws were not implementing properly and the tribal people were still being oppressed by the society. To uplift the tribals and also to protect their ethnic purity the laws must be properly implemented. Also some more laws are to be enacted which were necessary for the upliftment of tribals.
Steps to be Taken:
The best method to prevent or remove group tensions is to do away with the circumstances and the conditions or the causes for tensions. Measures such as
1. Expansion of proper education.
2. Harmony and healthy development of the personality.
3. Formation of healthy opinion.
4. Healthy Literature.
5. Improvement in mutual and social contacts.
6. Reduction of economic disparities.
7. Removal of social evils, paving the way for social reforms.
8. Development of common goals, ideals and values.
9. Legal reforms and remedies.
10. Bring about better social adjustment.
11. Healthy groups and organization.
can be taken to prevent and remove the tensions and difficulties in the tribal lives.
BY Laasya Priya Ponnada
[i] D.D.Basu - Introduction to the Constitution of India, page 327 (6th Edition)
[ii] AIR 1981 SC 2045
[iii] Hindustan Times July 22, 1994
REFERENCES:
1. Indian International and Comparative Law Review Volume 16, No.2, pp.295-335, 2006.
2. Invention and Reinvention of Ethnicity (The Hindu, January 4, 2010)
3. Introduction to the Constitution of India (14th Edition) by D.D.Basu.
4. India’s Constitution by Prof.M.V.Pylee (latest edition)
5. Some Characteristics of the Indian constitution by Sir Ivor Jennings.
6. Our Parliament by Subash C.Kashyap.
7. We, the people by Nani A.Palkhivala.
8. Constitutional Law of India by Dr.J.N.Pandey.
9. Land Laws (Including Ceiling and Other Local Laws) by Veluri Raghuram.
10. All India Reports (A.I.R.), 1981.
11. Census of India, Series I Paper I of 1995(Religion).
12. Union Tribal affairs Ministry Website.
13. National Family Health Survey – III (2005-06).
15. Old.www.wii.gov.in.
16. Religion in the public sphere (The Hindu, September 8, 2009).
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Tags :Others
