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Ramakant Sharma
Ramakant SharmaInk Innovator
Asked: April 19, 20242024-04-19T17:02:38+05:30 2024-04-19T17:02:38+05:30In: Anthropology

Mention some of the constitutional provisions and safegourds for the tribes in India.

Mention a few of the Indian tribes’ safe havens and constitutional guarantees.

BANE 143IGNOU
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    1. Ramakant Sharma Ink Innovator
      2024-04-19T17:04:02+05:30Added an answer on April 19, 2024 at 5:04 pm

      1. Introduction:

      India's tribal population, often referred to as Scheduled Tribes (STs), constitutes a significant portion of the country's diverse cultural and social fabric. To protect their rights, promote their socio-economic development, and preserve their unique cultural heritage, the Indian Constitution includes several provisions and safeguards specifically designed for tribal communities.

      2. Constitutional Provisions:

      Article 15(4) and 16(4):
      These articles allow for special provisions for the advancement of socially and educationally backward classes, including Scheduled Tribes, in matters of admission to educational institutions and in public employment. This enables affirmative action measures such as reservation of seats and posts for STs in educational institutions and government jobs.

      Article 244 and Fifth Schedule:
      Article 244 provides for the administration of tribal areas in states through the Fifth Schedule of the Constitution. The Fifth Schedule delineates the powers and functions of tribal advisory councils, the governance of scheduled areas, and the protection of tribal rights over land and natural resources.

      Article 275(1):
      This article mandates the allocation of funds by the Centre to the states for the welfare of Scheduled Tribes and other weaker sections. These funds are used for various developmental programs, infrastructure projects, and social welfare schemes aimed at uplifting tribal communities.

      Article 330 and 332:
      Articles 330 and 332 provide for the reservation of seats for Scheduled Tribes in the Lok Sabha (lower house of Parliament) and state legislative assemblies respectively. This ensures political representation and participation of tribal communities in the democratic process.

      Article 46:
      Article 46 directs the state to promote the educational and economic interests of weaker sections of society, including Scheduled Tribes, and to protect them from social injustice and exploitation. It underscores the state's responsibility to ensure the overall development and well-being of tribal communities.

      3. Safeguards for Tribal Communities:

      Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA):
      PESA empowers tribal communities living in Scheduled Areas with self-governance through gram sabhas (village assemblies). It grants these gram sabhas rights over natural resources, local governance, and decision-making processes, thus enhancing tribal autonomy and empowerment.

      Forest Rights Act, 2006 (FRA):
      FRA recognizes the individual and community forest rights of Scheduled Tribes and other traditional forest dwellers over forest lands they have been traditionally occupying and using. It aims to rectify historical injustices, prevent forest land alienation, and promote sustainable forest management.

      Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008:
      These rules provide guidelines and procedures for the implementation of FRA, including the identification, verification, and vesting of forest rights, as well as the resolution of disputes related to forest land claims.

      Tribal Sub-Plan (TSP) and Special Central Assistance (SCA) to Tribal Sub-Plan:
      The Tribal Sub-Plan (TSP) and Special Central Assistance (SCA) to Tribal Sub-Plan are financial mechanisms aimed at channeling funds for tribal development and welfare. These funds are earmarked specifically for schemes and programs targeted at improving the socio-economic conditions of tribal communities.

      4. Conclusion:

      The constitutional provisions and safeguards for tribes in India reflect the government's commitment to ensuring the rights, welfare, and development of tribal communities. These legal frameworks not only provide protection and affirmative action for Scheduled Tribes but also empower them with autonomy, representation, and opportunities for socio-economic advancement. However, effective implementation, monitoring, and evaluation of these provisions are essential to address the persistent challenges and disparities faced by tribal communities and to promote their inclusive and sustainable development.

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