Globalization and industrialization have decimated villages, disrupted ancient cultures and forced tribals to abandon their traditional occupations. Many have become migrant laborers taking one meal at a time in the unorganized sector units. Indigenous cultures have been suppressed as a result of unbridled contact between tribes and the general population. Nevertheless, a much reformed view of segregation promotes primitivism. The marginalization of tribals can be traced back to the British Raj, when the state had complete freedom to control the estates and forest resources. However, this continued in the form of tribal land acquisition in the name of ‘developmental projects’ in independent India. The hardships faced by the tribal people have failed to be a part of the public discourse. Jawaharlal Nehru had advocated ‘Panchsheel’ for tribal development to address the issues of tribal justice.
Panchsheel advocates non-imposition by encouraging self-government. It affirms that the forest and land rights of the tribals must be protected. In addition, it encourages the involvement of tribals in administration and development. It is also imperative that the schemes and administrative policies designed for tribal beneficiaries should not be cumbersome. Finally, it is essential that the progress criteria for tribals be based on quality-of-life indices, which aim to strike a balance between separatism and their assimilation. It is based on a dual approach of integration and development.
The Constitution of India makes provisions for the administration and control of Scheduled Areas and Scheduled Tribes (STs) under Part-10. Tribal Advisory Councils are essentially constituted to develop local self-government, the cornerstone of democracy. Articles 330 and 332 of the Constitution reserve seats for the Scheduled Tribes in the Scheduled Areas, thus providing them representation to protect their rights and interests. This applies both at the national and grassroots level. Additionally, welfare departments have been set up in states with tribal populations to work to further their rights. The 89th Amendment introduced the National Commission for Scheduled Tribes which draws its power from Article 338A, which is governed by panelists from tribal communities. It is pertinent to mention that the Panchayats (Extension to Scheduled Areas) Act 1995, or PESA, empowers Gram Sabhas for development and dispute resolution (as per traditional customs) as well as ownership and management of natural resources . local tribal community.
Government panels and commissions have also made various recommendations. The Kaka Kalelkar Commission of 1953 was the first to suggest the recognition of STs as a special group of a certain religion. In addition, the 1959 Elwin Panel, the 1960 United Nations Debar Commission, the 1965 Lokur Committee and the 1966 Shilu AO Panel focused largely on tribal development, governance and welfare systems. The 1991 Bhuria Committee report paved the way for the enactment of PESA, which further strengthened tribal interests with its objective of democratic decentralisation. The Bandopadhyay and Mungekar Committee was formed to investigate the issues of governance in the Scheduled Areas affected by extremism. Finally, in 2014, the Xaxa panel was formed to look broadly into tribal livelihoods, employment, health, migration and legal matters. It noted that PESA and the Forest Rights Act (FRA) of 2006, despite significant initiatives, are slow to absorb the emerging situation.
In Samtha v State of Andhra Pradesh (1997), the Supreme Court held that the grant of a mining lease in a Scheduled Area by a State amounts to transfer of land to a ‘non-tribal’ in contravention of the Fifth Schedule. Again, in 2013, the court in Orissa Mining Corporation v. Ministry of Environment and Forests held that forest dwellers and STs have a right to be consulted before converting their ancient homelands into commercial land under the FRA. Thus the judiciary in its role as the Panchsheel-promoter can be seen as the torch bearer of tribal rights.
The renewed Stand Up India Scheme, 2021, launched by Small Industries Development Bank of India (SIDBI), seeks to provide loans to STs ₹from 10 lakhs ₹1 crore for setting up the enterprise. This opens up opportunities for development while preserving their space and independence. The Union Budget for 2021-22 reduced the margin-money requirement for loans from 25% to 15% and allowed loans for agriculture-allied activities. A recent proposal to build 750 Eklavya model residential schools for heritage-based education in tribal-dominated areas, as well as vocational-skills training, is another manifestation of the dual approach policy.
Nearly three-quarters of a century after independence, many policies and constitutional safeguards, strengthened by statutes and judicial pronouncements, are now in force. But unfortunately, the situation is far from ideal. India has not ratified the International Labor Organization’s 1989 Convention on the Rights of Indigenous Peoples, which recognizes tribal rights over land and natural resources. This ratification will emphasize India’s choice to assimilate tribals while respecting their social and cultural autonomy. The potential for a workable action plan in line with Panchsheel is yet to be harnessed. The gap between policy and performance seems to widen over time, while non-intrusive inclusion remains a challenge.
Trisha Shreyashi is a legal draft lady
Don’t miss a story! Stay connected and informed with Mint.
download
Our App Now!!
.