S. Shubhang
3rd Semester, Hidayatullah National Law University, Raipur (C.G.)
ABSTRACT:
India’s population includes nearly one hundred million tribal people. These numbers are matched only by the remarkable diversity of India’s tribes. The two main regions of tribal settlement are the country’s northeastern states bordering China and Burma, and the highlands and plains of its central and Southern regions. The latter is home to more than 80 per cent of the tribes, which differ from the northeastern tribes in ethnicity and in having experienced greater intrusion of the Indian mainstream and of the pan-Indian model of the state, society, economy and culture. There are also differences in the extent to which the tribes interact with non-tribal communities. While the northeastern tribes are usually isolated communities, the tribes in peninsular India may at times coexist with non-tribal people. Despite some regional variation, the tribes share many traits, including living in relative geographical isolation, and being relatively more homogeneous and more self-contained than the non-tribal social groups. Consequently, several tensions (both perceptible and obscure) pervade relations between tribals and non-tribals, on the one hand, and the tribes and the State, on the other. The conventional, and largely accepted, solution is to balance the dichotomy between assimilation of tribal peoples and their independent identity, and delineate the contours of a national policy that would allow them to preserve their way of life without compromising development. Although relatively simple to capture as a concept, India has struggled to maintain the balance in practice. The most common problems relate to recognizing that the tribes have a right to autonomy and not merely decentralized administration; that they have a right to seek justice within their own traditional or customary laws; and that they have a right to own and exploit the natural resources in their habitat. These issues are addressed in the Constitution of India (Constitution) and through tribal-people-specific statutes, but there are considerable differences in the way the northeastern and peninsular tribes are treated in the Indian legal system. Law related to Scheduled Caste and Scheduled Tribes are-Prevention of Atrocities Act, 1989 and The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. These two acts are introduced in Indian constitution for the betterment of the tribal population in India.
INTRODUCTION:
The tribal communities represent an important social category of Indian social structure. The tribals are said to be the original inhabitants of India. Different types of groups occupy different parts of India, having their own cultural characteristics and levels of development. A number of groups are still in primitive stage and they are very often referred to as “tribals”, “primitives”, “adivasis” and so on. According to 1991 census, tribal population of India is 67.76 million. Tribes in the Indian context today are normally referred to in the language of the Constitution as Scheduled Tribes. It was Dr. B.R. Ambedkar, the Chairman of the drafting committee of the constitution, who preferred the concept of Scheduled Tribe to “Adivasis” for it enumerates the tribes and hence has a specific meaning.
The Scheduled Tribe constitutes the second largest group of backward classes that come under what is known as “unprivileged section” of the populace. They constitute of 8.8% of the total population of India. The term “scheduled tribe” or “tribe” has been explained variously. No standard term has been accepted to denominate the people who are classified as of tribal origin. A few examples of the use of the term “tribe” can be cited in this regard. The Constitution of India has accepted to use the term “Scheduled Tribes” [ST], which was introduced for the first time by Simon Commission in 1928.
Tribals’ Relationship with Hinduism-
Tribals are normally found to be associated with various types of religious practices such as fetishism, animism, totemism, ancestral worship, nature worship, etc. Due to cultural diffusion and impact of civilization some of the tribals came into contact with Islam, Christianity, Buddhism, and Hinduism. Majority of the tribals in India are basically Hindus, 5.5% Christians, 0.3% Buddhists, 0.2% Muslims, and 5% others.
Tribe and Caste : Differences -
One specialty about the Indian society is that in its huge population, we find a large number of groups which are called “Hindu castes” and a large number of communities which are called “tribes”. But there are no specific criteria by which we may distinguish a tribe from a caste.
1. Difference in the Definitions of the Concepts: Tribe, Caste:
· A tribe is a group of local communities, which lives in a common area, speaks a common dialect and follows a common culture.
· As S.C. Dube has said ‘it is better to use the term Jati to denote an enogamous unity with a more or less defined ritual status and some occupation traditionally linked to it.”
2. Territorial Basis: Tribals normally live in geographically isolated places like hills, mountains, forests etc. whereas Hindus live in plains, that in village, towns and cities.
3. Religious Basis: On the religious basis, it is argued that the religion of tribals is mostly Animism or Totemism, and that of the caste Hindus, is Hinduism. As Dr. D.N. Majumdar opined, the tribes look upon Hindu ritualism as something foreign to them, though they often indulge in it and worship Hindu Gods and Goddesses.
4. The Criterion of Language: It is known that each tribe has its own dialect, but not a caste.
5. The factor of Economic Backwardness: It is said that the tribals represent the poorest or economically the most backward section of the Indian population. Some have even said that they are poorer than the low caste Hindus.
6. Similarity and Consciousness of Status: Max Weber has pointed out that the status of all people is more or less similar in a caste whereas much differentiation of status and rank is found in the tribe.
7. Occupational Factor: In the traditional caste system, occupations are mostly hereditary. But in a tribe, though occupational choice is limited, individuals are not very much compelled to follow a particular occupation.
In conclusion, it can be said that the differences between caste and tribe are getting reduced during the recent years for various reasons. Some of the tribes are getting themselves converted into castes.
The Tribal Zones
The tribes of India are not found in any one particular region alone. But distributed among the various states. Dr. B.S. Guha has given a threefold territorial distribution of the tribal.
This is as follows-
The North and North-East Zone: This zone consists of the sub-Himalayan region and the hills and mountain ranges of north eastern frontiers of India. It also includes Himachal Pradesh, Northern U.P., Sikkim, and seven states of north east consisting of Arunachal Pradesh, Assam, Meghalaya, Mizoram, Nagaland, Manipur and Tripura.
The Central or the Middle Zone: The tribal groups of this zone are scattered all over the mountain belt between the river Narmada and Godavari. This includes Bengal, Orissa, Bihar, Southern U.P., Southern Rajasthan, Gujarat, M.P. and Maharashtra.
The Southern Zone: This zone falls south of the river Krishna. It includes Andhra Pradesh, Tamil Nadu, Karnataka, Kerala and the two Union Territories Andaman and Nicobar Islands and Lakshwadips.
TRIBAL ZONES OF INDIA
Problems of the Scheduled Tribes -
The tribals, who constitute 8.8% of the total population of India, are distributed in various states of the country and are facing various problems. Such as-Problems of Geographic separation, Economic problems, cultural problems, social problems, education problems and health problems.
1. Problem of geographic Separation:- Most of the tribals of India are in a way geographically separated from the rest of the population. Some of them are living in the unapproachable physical areas, such as- deep valleys, dense forest, hills, mountains etc. it is difficult for them to establish relations with others and hence socially they are away from the civilized world. This kind of physical as well as social isolation has retarded the tribal development.
2. Cultural problem:- The tribal culture is entirely different from the way of life of the civilized people. The tribal fails to understand the civilized people, their customs and practices, beliefs and attitudes and so on. They are suspicious of the civilized people. During the British Rule Christian Missionaries made an attempt to propagate their religion in some of the tribal areas. They even tried to impose their culture on them. Even today such attempt is going on.
3. Social problems:- The tribals have their own social problems. They are traditional and custom bound. They have become the victims of superstitious beliefs, outmoded and meaningless practices and harmful habits. Child marriage, infanticide, homicide, animal sacrifice, black magic and other harmful practices are still found among them.
4. Economic problems:- The major economic problems are-
i) Exploitation of tribal People by zamindars, landlords, money lenders, forest contractors and some of the police officers.
ii) Unprofitable agriculture- about 90% of the tribals are engaged in agriculture and most of them are landless and practice shifting cultivation.
iii) Problems of land ownership- a good portion of the land in the tribal areas has been legally transferred to the non-tribals. Tribal demand that this land should be returned to them. The tribals were deprived of their rights to the land and forests have reacted sharply to the restrictions imposed by the Government on their traditional rights.
iv) Unemployment and underemployment- a large number of tribal young man and women are either unemployed or underemployed. They are unhappy for they are not able to get jobs that can keep them occupied throughout the year.
v) Non availability of Banking Facility- Banking facilities in the tribal areas are so inadequate that tribals have mainly to depend on the money lenders. The tribals therefore demand that agricultural indebts relief acts should be enacted so that they may get back their mortgaged land.
5. Educational Problems: Illiteracy is a major problem among the tribals. More than 80% of them are illiterate. Literacy among them has increased from 0.7% in 1931 to 11.30% in 1970 and to 16.35% in 1981 to 29.60% in 1991 and to 32.66% in 2001. Tribals who are far away from the contact of the civilized world have no faith in formal educational organization. The illiterate parents do not consider it as their primary responsibility to give education to their children.
6. Problem of health and sanitation: Due to illiteracy and ignorance the tribals are not able to appreciate modern concept of health and sanitation. They do not take much care pertaining to their own health. They believe that diseases are caused by hostile spirits and ghosts. They have their own traditional means of diagnosis and cure.
The Causes of Tribal Unrest:-
Tribal unrest and Discontent are a cumulative effect of number of factor. The factors or causes that led to the tribal, unrest and discontent may be listed here
1-Government Failure: The failure of the Government to take appropriated measure to rehabilitate the tribal population both before and after independence had disappointed the tribal population both and after independence had disappointed the tribals Independent India’s Constitution envisages a comprehensive and well designed scheme of action for the tribal protection and development.
2-Irresponsibility and Lack of Accountability of the Agencies of Tribal Development: - Indiference. Lethargy and lack of sympathy on the part of the administrators and bureaucrats in dealing with the tribal problem and grievances have been grievances have been obvious.
3- Unjust Forest Policy: - Inconsiderate and unsympathetic forest laws and regulation damaged the tribal emotionality. Lands traditionally owned and cultivated by the tribal have been branded ad “forest lands “under the new Forest Policy.
4- Alienation of Tribal Land to the Non-Tribals: -Lack of legislation to prevent the passing of the tribal land into the hands of non-tribals has added to tribal unrest. Due to some loopholes in the existing system of law the tribal land continues to be alienated to non-tribals for their own exclusive uses.
5-Political Indifference: -Lack of interest and dynamism among the political elite to solve the tribal problem made them to become disgusted. National level political parties have not paid due attention to the genuine problem of the tribal
6-Absence of Efficient Tribal Leadership:- Tribals should be able to develop their own leadership to fight against exploitation and to secure justice. But unfortunately, various vested interests have prevented the emergence of powerful tribal leadership. There is virtually a vacuum of tribal leadership.
7-Forceful Cultural Imposition:- Tribals are trying to come in touch with civilized people Leaders of various religious commonalities such as the Hindu, Christian and the Muslim are trying to approach them and influence their way of life. It is clear from the above. That Various Social, Political, economic and legal factors have contributed to the problem of tribal unrest.
Constitutional Safeguards
The Constitution of India has made various provisions to safeguard the interests of the tribal
1. Article 15 of the Constitution provides equal rights and opportunities to all the citizens of India (including the tribals) without any discrimination
2. Reservation in employment is made for the tribals under Article 16(4), 320(4) and 335.
3. Seats have been reserved for them in the legislatures (in Lok Sabha and State Vidhana Sabhas) under Articles 330,332 and 334.
4. Under Article 19(5) the tribals can own property and enjoy it in any part of the country.
5. According to the Article 275 a large amount of money can be taken from the consolidated find of India to be spent on tribal welfare activities
6. Article 338 empowers the president of India to appoint a commissioner to look after the tribal welfare activities.
7. Under Article 339(2) the Central Government can give directions to the States in the formulation and execution of tribal welfare plans, projects and programmes
8 Under Article 275(i) the Central is required to give grants-in-aid to the States for approved schemes of tribal welfare
9. Article 164 empowers the state Governments to appoint a separate minister to look into the welfare of the tribals
10 Article 46 Consists of Provision that protect the economic and educational interests of the tribals
11. Article 224 gives instructions to the administration to take special care to protect tribal interests in “Scheduled Tracts” or “areas”
12. Article 342 gives power to the president of India to declare on the recommendation of the Governor some groups or communities as “scheduled tribes” It also gives details on the basis of which new groups could be recommended as “scheduled tribes” entitling them for all the constitutional benefits. Law related to Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989,The Scheduled Tribes and Other Traditional Forest Dwellers (Prevention of Atrocities) Act, 1989 are the important acts to safeguard the tribals of India.
National Commission for Scheduled Tribes
On the 89th Amendment of the Constitution coming into force on 19th February 2004, the National Commission for Scheduled Tribes has been set up under Article 338A on the bifurcation of the erstwhile National Commission for Scheduled Castes and Scheduled Tribes to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution. The Commission comprises a Chairperson, a Vice-Chairperson and three full time Members (including one lady Member). The term of all the Members of the Commission is three years from the date of assumption of charge. The National Commission for Scheduled Tribes functions from its Headquarters at New Delhi and from the State Offices of the Commission located in six States. There are 6 state offices of the National Commission for Scheduled Tribes which work as ‘eyes and ears’ of the Commission. They keep a watch on the formulation of policy and issue of guidelines relating to the welfare of Scheduled Tribes in the States/ UTs and keep the Commission’s headquarters informed about the development periodically. Policy decisions taken by any State Government/UT Administration affecting the interests of the Scheduled Tribes are brought to the notice of the concerned authorities for necessary action.
CONCLUSION:
After Independence, through the introduction of various welfare measures, the government expressed is great concern in the development and progress of the tribals. Now the administrations are required to go to the tribal areas to meet the tribals in order to find out their problems. The government expects the administrators to be honest and humane in their approach towards the tribals. It is unfortunate that such a change in the attitude of the bureaucrats has not taken plane Hence , expected progress has not taken place in the tribal world, Still, the gap between the tribals and non- tribals is not bridged. The gap between the rich tribals and the poor tribals is also not minimized. Much is to be done in this regard “Nevertheless at the all India level it cannot be denied that the tribal development schemes have broken the stagnation of tribal societies and have initiated the process of tribal transformation “
1. "Human Rights Watch, “Broken People: Caste Violence Against India's Untouchables"".Hrw.org. http://www.hrw.org/ reports/ 1999/India. Retrieved 2008-12-29.
2. K.I. Vibhute, “Right to Live with Human Dignity of Scheduled Castes and Tribes: Legislative Spirit and Social Response– Some Reflections”, 44 JILI (2002) 469 at 481.
3. 1999 Cr LJ 2918
4. 1999 Cr LJ 3938
5. Lok Sabha Debates, see http://164.100.24.208/ls/lsdeb/ls13/ ses13/210803.htm
6. Ministry of Home Affairs - Govt of India - India an Overview - India – History
Received on 04.09.2012
Modified on 09.10.2012
Accepted on 02.11.2012
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