THE INDIAN TRIBES

Tribal development policy in India from its starting has always been surrounded by contradiction because still the tribal communities are unable to get the benefits of mainstream development. Though there are a large number of well meaning constitutional provisions and laws aimed at protecting and safeguarding the welfare and interest of tribal communities, the process of marginalization of the tribal’s has gone on unchallenged. The reason for this marginalization is the law themselves.

Development of tribes is necessary for the growth and development of the NATION. After the new economic policy adopted by the government in 1991 and moving towards the growth process, a widening gap between the goals of national development and tribal development has emerged. All these developments led to large scale alienation of land from tribes to non-tribes through such processes and means as fraud, deceit, mortgage etc. though nationalist leadership showed special concern for the tribes in the post-independent India.

Tribes as citizens of free India were extended civil, political and social rights in equal measures as others. Civil and political rights have been given in the purview of Fundamental Rights in Indian constitution while social rights have been given in Directive principles of state policy. Tribes were also given some special rights as being member of distinct community. Such rights include provisions for statutory recognition (article 342); proportionate representation in parliament and state legislature (article330 and 332); restriction on the right of the ordinary citizen to move freely or settle in particular area or acquire property in them (article 19(5)); conservation of one’s language, dialects and culture, etc (article29).

The constitution also has a clause that enables the state to make provision for reservation in general (article 14(4)) and in particular, in jobs and appointments in favour of tribal communities (article 16(4)). The directive principles of the constitution that requires the educational and economic interest of the weaker sections of society, including tribes is especially promoted (article 46). Article 244 and 244 (a) empowers the state to bring the area inhabited by the tribes under special treatment of administration.

Constitutional provision range from creation of the scheduled and tribal areas, to providing representation in parliament and the state legislature including special privileges in the form of representation of certain percentage of posts in government services and seats in educational institutions. Protective discrimination has been seen as one of the most important rights given to tribal people. It earmarked 7.5 percent of the jobs in government, semi-government and also educational institutions for people coming from the scheduled tribe category.

Despite all three provisions, the result is far from satisfactory. The tribal community is unable to get the social and economic rights but also the rights over land and forest were taken away from them which they enjoyed. It is well established fact that tribes live mainly off land and forest. Yet, the process of capturing and alienation of land that began during British rule has gone unchallenged in the post-independence period. Although different laws have been enacted in almost all the states where there are tribal population.

Two important laws have been enacted in more recent years one was Panchayat Act, 1996 and the other one is the Scheduled Tribe and other Traditional Dweller Act, 2006. Under the above law the major concern has been their welfare and development.

It is very harsh that despite a large number of well meaning constitutional provisions and laws aimed at protecting and safeguarding the welfare and interest of tribal communities, the process of marginalization of the tribal’s has gone on unchallenged.