Governance for Scheduled Tribes

Exploring Constitutional Safeguards, Legislative Measures, and Persistent Challenges.

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Overview: Navigating Tribal Governance

Governance for Scheduled Tribes (STs) in India is marked by a unique constitutional framework, recognizing their distinct culture, traditional way of life, and historical marginalization. Despite robust constitutional safeguards, legislative measures like the Forest Rights Act (FRA) and PESA Act, and numerous welfare schemes, STs continue to grapple with fundamental issues such as land alienation, denial of forest rights, forced displacement, and severe challenges in health, nutrition, and education.

This module delineates the constitutional and legal protections, examines the pressing concerns confronting STs, evaluates major welfare programs, and analyzes the role and effectiveness of the National Commission for Scheduled Tribes (NCST) in ensuring their equitable development and safeguarding their unique identity.

7.3.1: Constitutional Safeguards

The Constitution of India provides a special framework for Scheduled Tribes, acknowledging their distinct socio-cultural identity and aiming to protect them from exploitation while promoting their development.

Article 15 & 16: Equality & Employment

Prohibits discrimination (Art. 15). Enables special provisions for advancement (Art. 15(4), 15(5)).

Basis for reservations in public employment and promotions (Art. 16(4), 16(4A), 16(4B)).

Article 46: Welfare (DPSP)

Directs the State to promote with special care the educational and economic interests of STs and protect them from social injustice and all forms of exploitation.

Article 244: Administration of Areas

Applies Fifth Schedule to 10 states (excluding NE) and Sixth Schedule to 4 NE states (Assam, Meghalaya, Tripura, Mizoram) for tribal area administration.

Article 275(1): Grants

Provides for grants-in-aid from the Union to states for promoting ST welfare and raising administration level of Scheduled Areas.

Articles 330 & 332: Political Representation

Reserves seats for STs (and SCs) in the Lok Sabha (Art. 330) and State Legislative Assemblies (Art. 332).

Article 338A: NCST

Establishes the National Commission for Scheduled Tribes, separated from NCSC by 89th CAA, 2003, to monitor and safeguard ST rights.

Administration of Tribal Areas: Fifth vs. Sixth Schedule

Feature Fifth Schedule Sixth Schedule
Applicability 10 States (AP, TS, OD, JH, CH, MP, MH, GJ, RJ, HP) 4 States (Assam, Meghalaya, Tripura, Mizoram)
Mechanism Tribes Advisory Councils (TACs) Autonomous District Councils (ADCs) & Regional Councils
Governor's Powers Special powers: apply/modify Central/State laws; make regulations (land transfer, moneylending). More autonomous: Powers to make laws on land, forest, shifting cultivation, village admin, inheritance, marriage, social customs etc.
Judicial Powers Limited, usually traditional dispute resolution endorsed by local administration. ADCs have judicial powers to try certain civil/criminal cases.
Financial Powers Limited direct financial autonomy; dependent on state. ADCs have powers to assess and collect land revenue, certain taxes.

7.3.2: Legislative Measures

Specific legislations have been enacted to address the unique challenges faced by STs, particularly concerning their land and forest rights.

Forest Rights Act (FRA), 2006

Recognizes historical injustice to forest-dwelling communities and vests forest rights and occupation in forest land to FDSTs and OTFDs.

Key Provisions
  • Individual Forest Rights (IFRs): Rights to cultivate forest land for livelihood (up to 4 hectares).
  • Community Forest Rights (CFRs): Rights over Minor Forest Produce (MFP), grazing, fishing, traditional customary rights over forest areas, and intellectual property rights.
  • Community Forest Resource (CFR) Management Rights: Empowers Gram Sabhas to protect, regenerate, conserve, and manage community forest resources.
  • Role of Gram Sabha: Central to vesting rights, verifying claims, and managing resources.
Challenges in Implementation
  • Slow processing of claims, low rate of titles issued.
  • Resistance from Forest Bureaucracy.
  • Lack of awareness among tribal communities.
  • Problems in identifying and surveying traditional lands.
  • Gender bias in title issuance.

PESA Act, 1996

Extends the provisions of Part IX (Panchayats) of the Constitution to the Scheduled Areas, ensuring self-governance for tribal population through traditional Gram Sabhas.

Key Provisions
  • Empowers Gram Sabha: Recognized as core of self-governance, with significant powers.
  • Control over Resources: Safeguard traditions, cultural identity, community resources, and customary dispute resolution.
  • Mandatory Consultation: State Legislatures must consult Gram Sabhas for laws concerning Scheduled Areas.
  • Ownership of Minor Forest Produce (MFP).
  • Prevent Land Alienation: Power to prevent and restore unlawfully alienated land.
  • Control over Moneylending.
  • Recommendations on Projects: Mandatory for development projects and land acquisition.
Challenges in Implementation
  • Lack of Political Will from State governments.
  • Non-conformity of State Laws with PESA's spirit.
  • Bureaucratic Resistance.
  • Lack of Awareness and Capacity building for Gram Sabhas.
  • Inadequate Funding.

PESA Act: Empowering the Gram Sabha

Gram Sabha
(Core of Self-Governance)

Control over Resources
(Traditions, Customs, MFP)

Prevent Land Alienation
(Restore unlawfully alienated land)

Mandatory Consultation
(Laws, Projects, Land Acquisition)

Enhanced Tribal Self-Rule
(Participatory Decision Making)

7.3.3: Key Issues & Challenges

STs continue to face unique and severe challenges despite protective frameworks, highlighting implementation gaps.

Land Alienation

Ongoing illegal transfer of tribal land, loss of livelihood, food insecurity, and breakdown of traditional structures.

Forest Rights Denial

Slow recognition of IFRs & CFRs despite FRA 2006, leading to continued conflict with forest departments and deprivation of livelihoods.

Displacement & Rehabilitation

Disproportionate displacement by projects, often without adequate rehabilitation, compensation, or Free, Prior, and Informed Consent (FPIC).

Health & Nutrition

Higher rates of malnutrition, anemia, child mortality; poor access to healthcare in remote areas, cultural barriers, and disease burden.

Education Challenges

Significantly lower literacy rates, high dropout rates due to economic necessity, language barriers, and lack of culturally appropriate curriculum.

Identity & Culture Erosion

Threat to tribal languages, customs, and knowledge systems due to modernization, assimilation pressures, and displacement.

Socio-Economic Disparities (Illustrative)

80% ST Poverty
50% National Avg. Poverty
70% ST Child Malnutrition
30% National Avg. Child Malnutrition
60% ST Female Literacy
90% National Avg. Female Literacy

These figures are illustrative to highlight disparities. Actual data varies by report and region.

7.3.4: Major Welfare Schemes

The Ministry of Tribal Affairs is the nodal ministry for ST welfare schemes, focusing on holistic development.

Tribal Sub-Plan (TSP) / STC

Planning tool requiring states/ministries to earmark budget percentage (proportionate to ST population) for ST development. Challenges: fund fungibility, inadequate allocation, monitoring issues.

Vanbandhu Kalyan Yojana (VKY, 2014)

Comprehensive scheme for holistic development (cluster approach), bridging human development gaps. Focuses on livelihood, health, education, skill development, infrastructure. Challenges: coordination, community participation.

Eklavya Model Residential Schools (EMRS)

Provides quality middle/high-level education to ST children in remote tribal areas, comparable to Navodaya Vidyalayas, with cultural preservation. Challenges: slow establishment, quality, cultural relevance.

Pradhan Mantri Van Dhan Yojana (PMVDY)

Market-linked tribal entrepreneurship program focusing on value addition to Minor Forest Produce (MFP) through Van Dhan Vikas Kendras (VDVKs). Challenges: MFP supply, marketing, capacity building.

Post Matric Scholarship

Financial assistance for higher education to ST students, similar to the scheme for SC students, aiming to improve access to advanced learning.

Development of PVTGs

Special focus on Particularly Vulnerable Tribal Groups (75 identified) through dedicated schemes for their protection and accelerated development.

Recent Development: PM PVTG Development Mission

The Union Budget 2023-24 announced a specific mission for the development of PVTGs, named Pradhan Mantri PVTG Development Mission, with a focus on improving their socio-economic conditions and connectivity. This signifies a targeted effort for the most marginalized STs.

7.3.5: National Commission for Scheduled Tribes (NCST)

The NCST plays a crucial role as a constitutional watchdog for tribal rights and development.

Role & Mandate

  • Constitutional Body: Established under Article 338A (89th CAA, 2003).
  • Composition: Chairperson, Vice-Chairperson, and three other Members (appointed by President).
  • Investigate & Monitor: Safeguards provided for STs under Constitution/laws.
  • Inquire into Complaints: Deprivation of rights/safeguards.
  • Participate & Advise: On planning socio-economic development of STs.
  • Annual Reports: To the President on the working of safeguards.
  • Recommendations: For effective implementation of safeguards and development measures.
  • Civil Court Powers: When investigating matters or inquiring complaints.

Effectiveness & Challenges

Achievements
  • Acts as a vital constitutional watchdog for tribal rights.
  • Crucial in bringing tribal issues (land alienation, FRA) to national attention.
  • Provides valuable reports and recommendations for policy improvement.
Challenges/Limitations
  • Lack of Autonomy: Dependence on government for staff/funds.
  • Advisory Nature: Recommendations are not binding.
  • Bureaucratic Delays: Slow response from government departments.
  • Political Interference: Concerns about political appointments.
  • Vacancies: Persistent vacancies hinder functioning.
  • Workload vs. Resources: Large mandate, limited resources.
  • Implementation Gaps: Role primarily to monitor/recommend, actual implementation depends on executive action.

Historical Evolution of Tribal Governance

Pre-Independence: Colonial Exploitation

Tribal communities faced extensive exploitation, land dispossession, and denial of forest rights under colonial rule, leading to numerous tribal uprisings.

1950: Constitutional Provisions & Fifth/Sixth Schedules

Post-independence, the Indian Constitution provided special safeguards (Arts. 244, 46, etc.) and laid down distinct administrative frameworks for tribal areas to protect their distinct identity.

1960s-1980s: Welfare-Oriented Policies & TSP

Focus shifted to welfare-oriented policies and planning tools like the Tribal Sub-Plan (TSP) to ensure targeted development funds reach tribal areas.

1996: PESA Act - Decentralization & Self-Governance

The Panchayats (Extension to Scheduled Areas) Act marked a significant shift towards recognizing tribal self-governance through Gram Sabhas, empowering them over local resources.

2003: NCST - Dedicated Constitutional Body

The 89th Constitutional Amendment Act established a separate National Commission for Scheduled Tribes, emphasizing their distinct needs and monitoring mechanisms.

2006: FRA - Rights-Based Approach to Forests

The Forest Rights Act recognized the customary rights of forest dwellers over forest land and resources, shifting from a welfare-oriented to a rights-based approach.

Present: Balancing Development & Rights

Ongoing efforts to balance the imperative of development with the protection of tribal land, forest rights, and cultural identity, addressing implementation gaps in key legislations.

Conclusion & Way Forward

Governance for Scheduled Tribes is a complex endeavor, aiming to balance their development with the preservation of their unique culture and traditional rights. Despite comprehensive constitutional and legislative frameworks, persistent challenges continue to disproportionately affect ST communities. The way forward necessitates a rights-based and culturally sensitive approach:

Strict Implementation of Laws: Effective enforcement of FRA (especially CFRs) and PESA to empower Gram Sabhas.

Addressing Displacement: Ensuring Free, Prior, and Informed Consent (FPIC) and comprehensive rehabilitation.

Holistic Development: Robust implementation of targeted schemes like VKY and EMRS for health, nutrition, education, and livelihoods.

Strengthening Institutions: Ensuring autonomy, resources, and prompt action on NCST recommendations.

Preserving Identity: Promoting culturally appropriate education and respecting traditional knowledge systems.

Capacity Building: Empowering tribal communities and local administration to leverage existing laws and schemes.

Only through sustained political will, administrative sensitivity, and genuine community participation can India ensure that its tribal population enjoys development with dignity and cultural integrity.