Tribes

Tribes are often called indigenous people, Adivasis or Vanavasis in the Indian context. With diverse
languages, customs, and traditions, these communities have maintained a deep connection with nature
and have often been marginalised in the socio-political landscape. Their journey through Indian politics
reflects a complex interplay of historical injustices, modern challenges of industrialisation, along with
urbanisation and ongoing efforts for recognition and empowerment.

ere’s a summary of the nature and culture of Indian tribes in pointers:

 Connection with Nature: Tribes see nature as a living entity, deeply woven into their
cultural and spiritual practices. Their traditional knowledge promotes sustainable living,
maintaining ecological harmony.
 Shift Cultivation: Tribes practice shifting cultivation, rotating fields to allow natural
regeneration of the land, promoting sustainability and respect for the environment.
 Cultural Diversity: Each tribe has its distinct language, rituals, and social structures,
contributing to India’s cultural richness.
 Community Land Ownership: Land is collectively owned, fostering shared
responsibility and an egalitarian social system with minimal hierarchies.
 Oral Traditions: Knowledge, stories, and rituals are passed down orally, preserving
cultural heritage and reinforcing social cohesion.
 Indigenous Governance: Decision-making is decentralized, with authority in the hands
of community elders or councils, guided by wisdom and moral authority.
 Gender Equity: Women often enjoy equal status, especially in matrilineal tribes (e.g.,
Khasi, Garo), where women inherit property and have significant decision-making
power.
 Threats from External Forces: Rapid urbanization, industrialization, and development
projects disrupt tribal land and lifestyles, causing displacement and cultural erosion.
 Assimilation Policies: Government policies often aim to assimilate tribal communities,
threatening their cultural identity and traditions.

Impact of Colonial Rule on Forest Rights and Tribal Communities:

1. Centralized Administration:
o Tribal governance systems were undermined.
o Traditional tribal leaders lost authority as British officials took over
administrative functions.
2. Land Revenue Systems:
o Introduction of private property concepts disrupted communal land ownership.
o Tribal lands were alienated to outsiders due to tribes' inability to understand new
legal frameworks.
3. Forest Protection Acts (1865 & 1878):
o British control over forests restricted tribal access to vital resources.
o Hunting, gathering, and shifting cultivation, vital to tribes, were criminalized.
4. Infrastructure Expansion:
 o Railways, roads, and other infrastructure projects led to large-scale deforestation
and displacement.
o Tribes were forcibly evicted from ancestral lands, losing livelihood and cultural
identity.
5. Exploitation of Tribal Labour:
o Tribes were coerced into working on plantations, mines, and construction proje
o cts under harsh conditions.
o Cash crops and commercial forestry disrupted the subsistence economy of tribes.
6. Criminal Tribes Act (1871):
o Certain tribes were labeled as "criminal" and subjected to surveillance and
restrictions.
o This further marginalized and stigmatized tribal communities.

Tribal Resistance and Revolts:

1. Santhal Rebellion (1855-1856):

o Santhal tribe revolted against British landlords and moneylenders.
o The rebellion was suppressed but became a symbol of resistance.
2. Munda Rebellion (1899-1900):
o Led by Birsa Munda, the Munda tribe resisted British rule and the zamindari
system.
o Birsa Munda sought to restore tribal lands and became a symbol of tribal
resistance.
3. Bhil Revolts (1818-1831):
o Bhils in western India resisted British encroachment and imposition of taxes.
o Led by figures like Tantya Bhil, the revolts were significant in regions of present-
day Maharashtra and Madhya Pradesh

Tribes in Independent India: Constitutional Provisions and Measures

1. Key Constitutional Provisions:

o The Indian Constitution includes several provisions to protect the rights of tribal
communities, aiming to address historical injustices and promote their socio-
economic development.
2. Scheduled Areas and Tribal Areas:
o Fifth Schedule (Article 244(1)):
 Applies to states excluding Assam, Meghalaya, Tripura, and Mizoram.
 Establishes Tribal Advisory Councils (TAC) for advising on tribal
welfare.
 Governors in Scheduled Areas have special responsibilities, including
regulating land transfers and business activities.
o Sixth Schedule (Articles 244(2) & 275(1)):
 Applies to Assam, Meghalaya, Tripura, and Mizoram.
 Establishes Autonomous District Councils (ADCs) and Regional
Councils with legislative, judicial, and administrative powers.
  Provides autonomy for tribal areas to safeguard customs and allow self-
governance.
3. Reservation in Education and Employment:
o Article 15(4): Special provisions for the advancement of Scheduled Tribes.
o Article 16(4): Reservation in public employment for Scheduled Tribes.
o Article 46: State must promote the educational and economic interests of
Scheduled Tribes and protect them from exploitation.
4. Political Representation:
o Article 330 & 332: Reservation of seats in Lok Sabha and State Legislative
Assemblies for Scheduled Tribes.
5. Special Commissions and Bodies:
o Article 338A: Establishes the National Commission for Scheduled Tribes
(NCST) to monitor and advise on tribal welfare policies.
6. Protection of Cultural and Educational Rights:
o Article 29: Protects the language, script, and culture of tribal minorities.
o Article 350A: Directs the state to provide education in tribal languages at the
primary stage.
7. Protection of Tribal Lands and Resources:
o Article 19(5): Allows the state to impose restrictions on the right to move or
settle in certain areas for the protection of Scheduled Tribes' interests.
8. Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA Act):
o Empowers Gram Sabhas (village assemblies) in Scheduled Areas to manage
resources like minor forest produce and approve development plans.
o Promotes self-governance and participatory democracy, recognizing traditional
tribal rights.
9. Tribal Empowerment and Welfare:
o Post-independence, various welfare programs, tribal sub-plans, and reservations
aimed at uplifting tribal communities.
o Draupadi Murmu's Election (2022): First tribal woman elected as President of
India, symbolizing increased recognition and political representation of tribes.

Challenges:

 Implementation Issues: Bureaucratic hurdles, ineffective enforcement, and ongoing

marginalisation in mainstream society hinder the success of these provisions.

The debate between development and displacement is a complex one, as it revolves around
balancing the need for societal progress with the rights and well-being of marginalized groups,
particularly tribal communities. Let’s delve deeper into both sides of this issue and explore ways
to reconcile these competing demands.

Need for Development

Development is often seen as a cornerstone for improving the quality of life, particularly in
impoverished and underdeveloped regions. Here’s why development is crucial:
1. Improvement in Living Standards:

 Infrastructure Development: The construction of essential infrastructure like roads, schools,

hospitals, and transportation systems can drastically improve access to services and resources.
 Economic Growth: Development projects, especially in sectors like agriculture, industry, and
technology, create employment opportunities, stimulate local economies, and improve people's
overall living standards.

2. Poverty Eradication:

 Dams and Irrigation Projects: Large-scale development initiatives, such as the construction of
dams, provide multiple benefits. They irrigate arid lands, support agriculture, generate
hydroelectric power, and supply clean drinking water. These benefits can lift entire communities
out of poverty by improving agricultural productivity and offering access to electricity and water.

3. Inclusion of Marginalized Groups:

 Integrating Tribal Communities: The goal of development projects is often to bring marginalized
tribal communities into the national economy, offering them access to markets, resources, and
opportunities. Integrating these communities can help reduce inequality, provide education,
healthcare, and economic opportunities, and give them a voice in national decisions.

Reality of Displacement

However, development often results in the displacement of communities, particularly tribal

groups that rely heavily on land, forests, and natural resources. This has significant implications
for their culture, livelihood, and social fabric:

1. Loss of Land and Identity:

 Eviction and Displacement: Tribal communities are often forcibly evicted from their ancestral
lands to make way for large-scale development projects like dams, mines, highways, or
commercial agriculture. This loss is not only physical but also cultural. For many tribal people,
land is closely tied to their identity, spirituality, and social cohesion. Displacement can thus
result in the loss of a community’s very essence.

2. Destruction of Livelihoods:

 Economic and Social Marginalization: Many tribal communities are dependent on farming,
hunting, and the collection of forest products for survival. Displacement forces them into urban
areas or unfamiliar environments where they lack the skills or resources to survive. Traditional
livelihoods like agriculture, fishing, or foraging are no longer viable, leading to poverty and social
instability.
3. Environmental Costs:

 Degradation of Natural Resources: Development projects such as mining, dam construction, or

deforestation often have severe environmental consequences, which disproportionately affect
tribal communities. The destruction of forests, water sources, and wildlife directly impacts the
health, food security, and overall well-being of these communities.
 Environmental Injustice: Tribes, who are often custodians of forests and biodiversity, bear the
brunt of environmental degradation caused by large-scale development projects. These changes
also lead to climate vulnerability, as tribal people are typically most dependent on natural
resources for their survival.

4. Social and Psychological Impact:

 Social Disintegration: Displacement often leads to the erosion of strong social structures. Tribal
communities typically have close-knit social ties, and displacement can fragment these
communities, leading to a loss of identity, mental health issues, and increased vulnerability to
exploitation in urban settings.
 Inadequate Compensation and Rehabilitation: Displaced people often face challenges in
securing fair compensation or adequate rehabilitation. Government compensation packages are
frequently inadequate, and resettlement efforts often fall short, with displaced communities
struggling to adapt to their new environments.

Reconciling Development and Displacement

Given the complex realities of both development and displacement, it is essential to find ways to
reconcile these opposing forces. Here’s how this might be achieved:

1. Inclusive Development Planning:

 Participation of Tribal Communities: Development projects should not be imposed on tribal

communities. These communities must be included in the planning and decision-making
processes from the outset. This ensures their concerns are heard, and solutions are tailored to
their unique needs and contexts.
 Consultation and Consent: Tribal communities should have a say in whether and how a
development project proceeds. Free, prior, and informed consent (FPIC) is a critical aspect of
respecting tribal rights.

2. Alternative to Displacement:

 Avoiding Forced Displacement: Whenever possible, development projects should avoid

displacing communities by seeking alternative sites or designing projects that cause minimal
disruption to people’s lives. Development should be adaptive and creative in finding solutions
that don’t require large-scale eviction.
  Use of Technology and Innovation: Technological solutions, such as renewable energy projects
or low-impact infrastructure development, can help reduce the need for land-based projects
that lead to displacement.

3. Social and Environmental Impact Assessments:

 Conduct Thorough Impact Assessments: Before starting any project, governments and
organizations should conduct social and environmental impact assessments (SEIA). These should
be honest, comprehensive, and inclusive, ensuring that the long-term effects on the
environment and affected communities are considered.
 Ensuring Accountability: Monitoring mechanisms should be put in place to track the impact of
development projects on displaced communities, ensuring that the intended benefits are
actually realized and that any adverse effects are mitigated.

4. Fair Compensation and Rehabilitation:

 Adequate Compensation: Displaced communities should receive fair and just compensation for
the land they lose. This compensation should not just be monetary but also include access to
new livelihoods, education, healthcare, and other services.
 Support for Resettlement: Rehabilitation should not merely involve relocating people.
Communities need to be provided with the tools and resources to thrive in their new
environments, including skill development programs, access to markets, and social services.

Key Issues of Tribal Rights in Forest Areas:

1. Historical Displacement and Deprivation:

o Tribal communities have faced a progressive loss of control over forest
resources due to state intervention and policies.
o Despite their dependence on forests for livelihood, tribal communities have
been increasingly restricted from accessing these resources.
2. Forest Policy Impact:
o Colonial forest policies and subsequent state regulations denied the rights of
tribal communities over forest lands and produce, undermining their customary
rights and livelihood sources.
o State laws took control over forest lands for industrial and developmental
purposes, often at the expense of indigenous peoples' rights.
3. Tribal Struggles and Movements:
o Tribal communities have organized movements in response to over-exploitation
of forests, calling for better recognition of their rights to natural resources.
o Over the years, policies failed to protect their cultural and economic rights.
4. Recognition of Traditional Knowledge:
o UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples)
stresses the importance of recognizing and protecting tribal knowledge and their
relationship with land and forests.
o Traditional practices like medicinal knowledge, totemism, and biodiversity
conservation are under threat due to restrictions imposed by state policies.
 5. Legal Frameworks and Inadequacies:
o Legal recognition of tribal land and forest rights remains incomplete and
unsettled, with many areas still lacking cadastral surveys or clear land records.
o The colonial legacy of inadequate surveys for land rights continues to affect the
tribal areas, leading to legal disputes over access to resources.
6. Violation of Rights for Development:
o State intervention often led to the confiscation of forest lands for mining,
industries, and development projects, violating tribal land rights.
o Examples like the Dongria Kondh’s protest against bauxite mining in Niyamgiri
Hills highlight the ongoing struggles of indigenous communities to protect their
lands.
7. Empowerment through Recent Legislation:
o Forest Rights Act (FRA, 2006) is a significant step to recognize and grant rights
to forest dwelling communities, especially for land titles, forest produce, and
cultural heritage.
o Despite this, the implementation of FRA remains uneven, with challenges in
ensuring that tribal rights are fully respected in practice.
8. Contradictions in State Policies:
o Tribal communities are often caught between state interests in forest
exploitation and the need to preserve their rights to manage these lands
traditionally.
o Development projects like mining often take precedence, leading to the further
marginalization of indigenous groups.
9. Constitutional Provisions and Challenges:
o Article 46 of the Indian Constitution provides for the promotion of social and
economic interests of Scheduled Tribes, but this has often been neglected in the
face of industrial demands.
o Despite constitutional safeguards, tribal communities remain vulnerable to legal
challenges and policy conflicts that threaten their rights to forest resources.
10. Policy Recommendations and Action:
o The State should respect tribal autonomy and empower communities to
manage forest resources without external exploitation.
o Institutional reforms are needed to ensure better implementation of laws like
FRA and ensure that tribal land rights are properly documented and protected.

Conclusion:

While development is vital for societal progress, it should not come at the cost of tribal
communities’ rights, cultures, and traditions. Development must be inclusive, with active
participation from affected communities to ensure that their needs and voices are integrated into
the planning process. Displacement should not be the inevitable result of progress but should be
carefully managed through adequate compensation, rehabilitation, and, most importantly, by
finding alternatives to forced eviction. Only by prioritizing people’s rights alongside
development can we ensure that growth leads to true social and economic empowerment.

Articles 244(1) and 244(2) of the Indian Constitution provide special administrative provisions for
"Scheduled Areas" and "Tribal Areas." The Fifth Schedule governs areas in states outside Assam,
Meghalaya, Tripura, and Mizoram, while the Sixth Schedule applies to tribal areas in these northeastern
states, offering distinct governance mechanism

The special provisions for tribal communities in India, particularly those categorized as
"Scheduled Tribes," were designed to address the unique challenges these groups face due to
their historical isolation in forests and hilly areas. Several factors explain why these provisions
were deemed necessary:

1. Geographical Isolation: Tribal communities often lived in remote, inaccessible regions,

separated by natural barriers like forests and hills. This isolation kept them disconnected
from mainstream society, limiting their access to education, healthcare, and economic
opportunities.
2. Historical Marginalization: Under British rule, the policy of isolation and non-
interference further alienated tribal communities. They were left behind in terms of
development, leading to poor living conditions and limited access to modern resources
and services.
3. Cultural Identity: Tribal communities have distinct cultures, languages, and traditions.
Their livelihoods are deeply tied to the land and forests, which are not just economic
resources but also culturally significant. Protecting these aspects was crucial for
preserving their identity.
4. Economic Dependency on Land and Forests: For many tribes, their economy is based
on land and forest resources, such as cultivation, hunting, and food gathering. These
practices are vital to their survival and well-being, making any threat to these resources
particularly harmful.
5. Need for Protection from Exploitation: Due to their vulnerability, tribal communities
have historically been exploited by outsiders, including through land alienation and
forced labor. Special provisions were needed to protect them from such exploitation.
6. Promoting Development: The framers of the Constitution recognized that while
protection of cultural identity was important, so was the development of these
communities. The provisions aim to balance the preservation of traditional lifestyles with
the need for economic and social upliftment.
7. Constitutional Provisions: The Fifth and Sixth Schedules were included to ensure that
tribal areas have a special administrative setup that caters to their needs. Article 275(1)
guarantees grants-in-aid from the Consolidated Fund of India to support the welfare and
development of Scheduled Tribes.

The Constitution of India recognizes the need for special provisions for certain areas and
communities that are isolated and have a primitive lifestyle. This recognition is reflected in
Articles 244, 244(1), and 244(2) of the Constitution, which govern the administration of
"Scheduled Areas" and "Tribal Areas."
 1. Scheduled Areas and Scheduled Tribes (Article 244(1)):
o These provisions apply to states other than Assam, Meghalaya, Tripura, and
Mizoram.
o The Fifth Schedule deals with the administration and control of these areas and
the tribes living within them.
o The government is tasked with safeguarding the interests and advancing the
socio-economic development of these areas and communities.
2. Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram (Article 244(2)):
o These areas are governed separately under the Sixth Schedule of the Constitution.
o While similar in terms of their focus on tribal populations, the Sixth Schedule
provides for a different system of administration compared to the Fifth Schedule

Here’s a detailed breakdown of the Fifth Schedule provisions in pointer form:

1. Scheduled Areas Definition:

 Areas inhabited predominantly by Scheduled Tribes (STs).

 The President can declare any area as a Scheduled Area.
 These areas must meet certain criteria as recommended by the Dhebar Commission.

2. Criteria for Declaring Scheduled Areas (Dhebar Commission):

 Preponderance of tribal population: High tribal population concentration.

 Compactness and reasonable size: The area should be geographically compact and
sizable.
 Underdevelopment: The area should be economically underdeveloped.
 Marked economic disparity: A clear economic divide between the tribals and the non-
tribals.

3. Presidential Powers (Article 244(1)):

 The President has the authority to:

o Declare or revoke Scheduled Areas.
o Alter the boundaries of any Scheduled Area in consultation with the state
Governor.
o Expand or reduce Scheduled Areas.
o Rearrange Scheduled Areas after state boundary changes.

4. Role of Governors:

 Administration and Control: Governors of states with Scheduled Areas are responsible
for administering these areas.
  Annual Report: The Governor must report to the President on the administration of
Scheduled Areas annually.
 Executive Authority: The President can direct the Governor to implement specific
governance measures for Scheduled Areas.
 Exemption from Laws: Governors can issue notifications to exclude certain national or
state laws from applying to Scheduled Areas or apply them with exceptions.

5. Governor’s Powers under the Fifth Schedule (Para 5(2)):

 Regulation of Land and Resources:

o Prohibit or restrict the transfer of land by or among Scheduled Tribes.
o Regulate land allotment to members of the Scheduled Tribes.
 Control of Money Lending: Regulate the business of money-lending to tribals to protect
them from exploitation.

6. Tribes Advisory Council (TAC):

 Constitutional Obligation: Each state with Scheduled Areas must constitute a TAC.
 Composition: The TAC can have up to 20 members, with about three-fourths being
representatives of Scheduled Tribes from the state assembly.
 Functions:
o Advise the state government on the welfare and development of Scheduled
Tribes.
o Provide recommendations on any matter referred by the Governor.

7. Presidential Appointment of Commissions:

 Purpose: To assess the administration and welfare of Scheduled Areas and Tribes.
 First Commission: Established in 1960, headed by U.N. Dhebar, to address issues such
as land alienation.
 Second Commission (Bhuria Commission): Set up in 2002 to review constitutional
mechanisms and welfare policies for tribals.

8. Exclusion of North-Eastern States:

 Excluded States: Assam, Meghalaya, Mizoram, and Tripura are not covered by the Fifth
Schedule.
 These states have a distinct system under the Sixth Schedule for tribal governance.

In essence, the Fifth Schedule aims to protect and promote the interests of Scheduled Tribes by
ensuring special governance, land protections, and socio-economic development in areas
dominated by tribal populations.

4o mini
 Constitutional Provisions of TAC

1. Purpose:
o The TAC serves as an administrative mechanism to ensure autonomy for
Scheduled Tribes (STs) and safeguard their welfare and traditions.
2. Mandatory Establishment:
o As per Para 4(1) of the Fifth Schedule, TAC is mandatory for states with
Scheduled Areas.
o It may also be set up in non-Scheduled Areas with significant ST populations, as
directed by the President.
3. Composition:
o Maximum members: 20.
o Representation: Three-fourths of members must be representatives of Scheduled
Tribes in the State Legislative Assembly.
4. Role and Advisory Function:
o TAC advises the Governor on matters related to the welfare and advancement of
Scheduled Tribes.
o This advice is not binding on the Governor.
o Consultation with the TAC is required for legislation affecting Scheduled Areas,
such as land transfer and money-lending regulations.

Role and Advisory Function of TAC (Tribal Advisory Council):

1. Advisory Role for Scheduled Tribe Welfare:

TAC provides recommendations to the Governor on policies and actions concerning the
welfare and advancement of Scheduled Tribes, ensuring their socio-economic upliftment.
2. Non-Binding Nature of Advice:
While TAC advises the Governor, its recommendations are not binding, leaving the
Governor discretion in decision-making.
3. Mandatory Consultation for Legislation:
Consultation with TAC is required before enacting laws that affect Scheduled Areas,
especially those related to land transfer, land alienation, and money-lending regulations.
4. Monitoring Implementation of Tribal Policies:
TAC oversees and monitors the implementation of welfare programs and constitutional
safeguards to ensure they align with the interests of the Scheduled Tribes.
 5. Review of Developmental Projects:
TAC assesses the impact of proposed development projects in Scheduled Areas, such as
mining or industrialization, and advises on mitigating potential harm to tribal
communities and their land rights.
6. Resolution of Conflicts:
TAC acts as a mediator in disputes related to land ownership, access to natural resources,
and other issues affecting the Scheduled Tribes within the Scheduled Areas.
7. Proposals for Tribal Development Schemes:
TAC suggests schemes and initiatives tailored to the socio-cultural and economic needs
of tribal communities to promote inclusive development.
8. Feedback on Government Policies:
TAC provides feedback to the state government on the effectiveness of policies and
programs aimed at tribal welfare, recommending modifications when necessary.
9. Advocacy for Tribal Rights:
TAC acts as a representative body advocating for tribal rights, ensuring their voices are
heard in governance processes affecting their communities.

4o

Governor's Special Powers under Fifth Schedule

1. Regulation-making Powers (Section 5(2)):

o The Governor can make regulations for peace and good governance in Scheduled
Areas, including:
 Prohibition/restriction on land transfer among non-tribals and tribals.
 Land allotment for ST members.
 Regulation of money-lending to prevent exploitation of tribals.
2. Overrides Existing Laws:
o After consulting TAC, the Governor can recommend repealing or modifying
central or state laws in Scheduled Areas.

Challenges and Criticisms of TAC

1. Non-Binding Advice:
o The Governor is not obligated to follow TAC recommendations, which limits its
effectiveness.
2. Consultation vs. Consent:
o Consultation with TAC is required, but its consent is not mandatory, reducing its
authority.
3. Low Quorum:
 oThe quorum for TAC meetings is often insufficient, as highlighted in the
Chhattisgarh case (2006 rules allowing just five members out of 20).
4. Ignorance Among Tribals:
o Many tribal communities are unaware of the Fifth Schedule and TAC's role, as
seen in areas like Betul district, Madhya Pradesh.
5. External Pressures:
o TAC meetings are sometimes convened to push agendas like mining and
industrial projects, often against tribal interests.

Significance of TAC and PESA Act

1. TAC:
Despite its limitations, TAC remains a critical body for tribal welfare and self-
o
governance.
o In many cases, its consultations have positively influenced governance in
Scheduled Areas.
2. PESA Act (1996):
o Extends self-governance to tribal areas through Gram Sabhas.
o Recognizes tribal rights over natural resources, including land.
o Acts as a complementary mechanism to TAC, empowering grassroots decision-
making.

Current Issues

1. Conflict of Development vs. Tribal Rights:

o Large-scale projects like mining and hydropower often bypass tribal consent,
violating Fifth Schedule protections.
o Such activities lead to displacement and environmental degradation in Scheduled
Areas.
2. Need for Strengthening TAC:
o Empower TAC with binding powers to ensure meaningful protection of tribal
interests.
o Increase tribal awareness of their constitutional rights.

Conclusion

The TAC, while essential, requires structural reforms to make it more effective in safeguarding
tribal autonomy and welfare. Addressing challenges like limited awareness, non-binding nature
of its advice, and external pressures is crucial to uphold the Fifth Schedule's intent.
Strengthening mechanisms like the PESA Act and integrating TAC's functions with local
governance could help mitigate the ongoing issues in tribal regions.

The detailed account outlines several contemporary concerns and challenges to the rights of
tribals, with a focus on land alienation, displacement, marginalization, and systemic issues
despite constitutional protections like the Fifth Schedule and legislative safeguards. Here is a
summary and analysis:

1. Central Concerns:

Land Alienation and Displacement

 Importance of Land for Tribals: Land is central to tribal societies as their primary means of
livelihood. Alienation of tribal land results in social and economic deprivation.
 Displacement in the Name of Development: Projects like hydroelectric dams, mining, and
industrialization lead to forced displacement, deforestation, and loss of community identity,
causing:
o Homelessness.
o Loss of access to traditional livelihoods and community resources.
o Social disarticulation and psychological impacts.
 Post-1991 Economic Policies: With the advent of privatization and globalization, market forces
have disproportionately targeted tribal resources under the guise of "development."

2. Legislative and Judicial Safeguards

Constitutional Provisions and Acts

 Fifth Schedule: Grants tribal autonomy and restricts the transfer of land to non-tribals.
Governors and TACs are key to safeguarding these rights.
 PESA Act (1996): Empowers Gram Sabhas to govern natural resources and protect against
exploitation.
 Forest Rights Act (2006): Recognizes tribal rights over forests, land, and other resources.
Landmark Judgments

 Samatha vs. State of Andhra Pradesh (1997):

o Supreme Court upheld tribal rights by invalidating private mining leases in Scheduled
Areas.
o Allowed mining only by government bodies, state instrumentalities, or tribal
cooperatives.
o Mandated 20% profits from mining to fund local development in tribal areas.
 Sardar Sarovar Project (Gujarat):
o Supreme Court accepted displacement as unavoidable for development, aligning with
ILO conventions. However, it failed to address tribal rehabilitation adequately.

3. Challenges to Safeguards

Weak Implementation

 State laws restricting land transfer from tribals to non-tribals are poorly enforced.
 Governors often fail to exercise their powers to protect tribal lands effectively.
 Tribal Advisory Councils (TACs) lack binding authority over decision-making.

Conflict of Development vs. Rights

 Broad Definition of "Public Purpose": The Land Acquisition Act enables land acquisition for
large-scale projects by corporate entities under vague "public purpose" criteria.
 Pressure to Amend Fifth Schedule:
o Central and State Governments aim to dilute the provisions of the Fifth Schedule to
enable corporate access to tribal land.
o Privatization of mining in Scheduled Areas, despite legal restrictions, continues in states
like Odisha, Madhya Pradesh, Jharkhand, and Chhattisgarh.

Judicial Limitations

 Courts have upheld displacement in some cases, prioritizing economic development over tribal
rights.
 Relief mechanisms for displaced tribals are inadequate, leading to prolonged marginalization.

Marginalization and Cultural Loss

 Displacement leads to the breakdown of tribal cultural systems and ecological relationships.
 Tribals are often left out of rehabilitation policies, with no replacement for lost land or
livelihoods.
4. The Role of Key Institutions

Governors:

 Constitutionally empowered under the Fifth Schedule to regulate land use in Scheduled Areas.
 However, Governors often prioritize state and corporate interests over tribal welfare.

Supreme Court:

 While judgments like Samatha have protected tribal rights, other decisions (e.g., Sardar Sarovar)
have failed to address displacement and rehabilitation

Suggestions and Conclusion

The protection of tribal rights, particularly regarding land, requires a multifaceted approach that
blends constitutional, legislative, administrative, and community-driven measures. Here are
suggestions and a concluding analysis:

Suggestions

1. Strengthening the Role of Tribal Advisory Councils (TACs):

 Empowerment of TACs: Delegate more powers to TACs, making them less dependent on the
discretion of the Governor.
 National Tribal Advisory Council: Establish a national-level body to ensure uniform governance
across Scheduled Areas, define its scope clearly, and ensure coordination among state-level
TACs.
 Timely Reconstitution and Meetings: Ensure TACs are reconstituted promptly and meet
regularly to address emerging tribal concerns.
 Mandatory Reporting: Governors should include actionable insights and follow-ups on TAC
observations in their reports to the President.

2. Decentralized Governance Models:

 Regional and District Councils: Introduce councils akin to those under the Sixth Schedule to
address local tribal needs effectively.
 Proactive Role of Governors: Governors should actively engage with TACs without conflicting
with elected governments and prioritize tribal welfare.
3. Policy and Legal Reforms:

 Land Acquisition Act: Narrow the definition of “public purpose” to prevent arbitrary acquisition
of tribal lands.
 Public Hearings: Mandate public consultations before alienation of tribal land, ensuring
transparency and tribal participation.
 Land Justification: Require developers to justify the extent of land required for projects,
avoiding excessive acquisitions.

4. Development with Sensitivity:

 Inclusive and Sustainable Development: Development projects must prioritize environmental

sustainability and tribal participation to ensure inclusive growth.
 Equitable Benefit Sharing: Ensure that tribal communities directly benefit from resources
extracted from their lands, with mandatory investments in local health, education, and
infrastructure.
 Cultural Preservation: Implement measures to preserve tribal heritage, traditions, and
ecological relationships, ensuring that development does not erode their identity.

5. Awareness and Capacity Building:

 Awareness Campaigns: Educate tribal communities about their rights under the Fifth Schedule,
PESA, and other legal provisions.
 Skill Development Programs: Equip tribal youth with skills to engage with developmental
opportunities while maintaining their cultural roots.

Conclusion

Tribals form an integral part of India’s population and heritage. Safeguarding their land rights
and welfare is not merely a constitutional obligation but a moral imperative. However,
constitutional provisions often remain invisible or ineffective due to weak implementation,
discretionary governance, and conflicting development priorities.

The need of the hour is to make constitutional safeguards a reality by empowering TACs,
redefining governance structures, and fostering inclusive and sustainable development. The
principles of the Brundtland Commission remind us that development and environmental
conservation are deeply interconnected, emphasizing the need to balance progress with human
and ecological well-being.

If India is to honor its commitment to tribal welfare, it must adopt a participatory approach that
respects tribal autonomy, ensures equitable resource distribution, and harmonizes development
with environmental sustainability. Only then can the rights and aspirations of India’s tribal
communities be truly realized.
Tribal Areas and the Sixth Schedule:

 Tribal Areas are not explicitly defined in the Indian Constitution but are mentioned in
Article 244(2), which refers to the Sixth Schedule. This schedule applies to tribal areas in
Assam, Meghalaya, Tripura, and Mizoram.
 It sets up Autonomous Councils for the administration of these areas, which have
varying degrees of autonomy in terms of governance, laws, and regulations.

Autonomous Councils:

 Current Autonomous Councils:

o Assam: Karbi Anglong Autonomous Council (KAAC), North Cachar Hills
Autonomous Council (NCHAC), Bodoland Territorial Autonomous District
(BTAD).
o Meghalaya: Khasi Hills District, Garo Hills District, Jaintia Hills District.
o Tripura: Tripura Tribal Areas.
o Mizoram: Chakma, Mara, and Lai Districts.
 These areas are not homogeneous and differ in terms of their historical background,
population, and geographical structure.

Difference between Fifth and Sixth Schedules:

 The Fifth Schedule deals with the Tribal Advisory Councils, which advise on tribal
affairs and allow the Governor to restrict land transfers to non-tribals.
 The Sixth Schedule grants greater self-governing powers to tribal areas in the
Northeast, including the establishment of councils with law-making powers on a variety
of issues such as land, forest, marriage, inheritance, and local governance.

Powers of Autonomous Councils under the Sixth Schedule:

 The Governor has significant powers over these councils, such as:
o Defining or altering the boundaries of tribal areas.
o Approving or modifying laws related to tribal governance.
 District and Regional Councils can:
o Make laws on issues like land management, forest regulation, shifting cultivation,
inheritance, and local customs (subject to the Governor's approval).
 o Establish village councils for the trial of civil suits.
o Manage primary schools, agriculture, transport, and community projects.
o Collect taxes, grant licenses, and regulate non-tribal trade and money lending.
 The President of India has the power to modify the application of Acts of Parliament
in these areas by issuing notifications, which can even have retrospective effects.

Key Features of the Sixth Schedule:

 The Governor can include, exclude, or alter the boundaries of tribal areas (Section 6(1)).
 Autonomous District Councils are formed for each district with 30 members. Among
them, four members are nominated by the Governor, while the rest are elected.
 These councils have powers to make rules on land management, local governance, and
customs, with the prior approval of the state government.
 They also have the power to impose taxes, regulate trade, and manage community
development initiatives.
 The Governor has the authority to direct the exclusion or modification of state acts in
tribal areas and can appoint commissions to inquire into the affairs of the coun

Here’s a detailed breakdown of the Sixth Schedule provisions in pointer form:

1. Introduction and Scope:

 The Sixth Schedule provides special arrangements for the administration of tribal areas in the
North-Eastern states of India: Assam, Meghalaya, Mizoram, and Tripura.
 The areas in these states are administered as Autonomous Districts and Autonomous Regions.
 The Governor has the authority to:
o Determine or create new Autonomous Districts/Regions.
o Alter the territorial jurisdiction or name of any Autonomous District/Region.

2. Autonomous Districts and Regions:

 The Sixth Schedule originally consisted of two parts (A and B), but now there are 10
Autonomous Areas listed in four parts:
o Part I (Assam):
 North-Cachar Hills District (Dima Haolang)
 Karbi-Anglong District
 Bodoland Territorial Area District
o Part II (Meghalaya):
 Khasi Hills District
 Jaintia Hills District
 Garo Hills District
o Part II-A (Tripura):
  Tripura Tribal Areas District
o Part III (Mizoram):
 Chakma District
 Mara District
 Lai District

3. District Councils and Regional Councils:

 The Sixth Schedule provides for the creation of Autonomous District Councils and Regional
Councils with legislative, executive, judicial, and financial powers.
 The composition of District Councils:
o Not more than 30 members, with 4 nominated by the Governor and the rest elected
based on adult franchise (the Bodoland Territorial Council can have up to 46 members).

4. Powers of District Councils and Regional Councils:

i) Legislative Functions:

 District and Regional Councils can make laws concerning:

o Management of land, forests (other than reserved forests), water resources, and shifting
cultivation (jhum).
o Establishment and administration of village/town committees.
o Appointment of traditional chiefs, inheritance of property, marriage/divorce, and social
customs.
o Money lending regulation, particularly for non-Scheduled Tribe residents.
 Governor's Approval: All laws made by the councils require prior approval from the Governor to
become effective.

ii) Executive Powers:

 The councils have the authority to:

o Establish and manage public services such as primary schools, dispensaries, markets,
cattle ponds, fisheries, roads, and transport.
o Determine the language and manner of instruction in schools within their jurisdiction.

iii) Judicial Powers:

 District and Regional Councils can establish Village and District Council Courts for disputes
involving only Scheduled Tribe members within the district.
 These courts have exclusive jurisdiction, and no other courts (except the High Courts and
Supreme Court) can handle such cases.
 Limitations: The councils cannot hear cases involving serious offences (punishable by death or
imprisonment for five or more years).
iv) Financial Powers:

 Budget Preparation: Councils can prepare their own budget.

 Taxation: Councils can assess and collect taxes on:
o Land revenue, professions, trades, animals, vehicles.
o Goods entering markets for sale, tolls, and taxes for public services like schools,
dispensaries, and roads.
 Licensing and Leasing: Councils can grant licenses or leases for mineral extraction within their
jurisdiction.

5. Conclusion:

 The Sixth Schedule empowers the Autonomous Districts and Regions with extensive legislative,
executive, judicial, and financial autonomy, tailored to the needs and customs of the tribal
populations in the North-Eastern states.
 These provisions ensure that tribal areas can maintain cultural autonomy and control over their
resources, fostering local governance and development in these distinct regions.

In Practice:

1. Limitations in Power: Despite the theoretical empowerment of ADCs, they face several
limitations in practice. These include limited influence over state budgets, delays in
receiving funds, and insufficient political cooperation with state-level legislators (MLAs).
The ADCs often lack the authority to influence or approve state-level developmental
projects, as the state government is not required to consider their input meaningfully.
2. Economic Development Challenges: ADCs have a limited role in the economic
development of their regions. Despite having responsibility for economic administration,
they struggle with collecting funds and lack sufficient resources to undertake large-scale
projects. They focus on small-scale initiatives like footpaths and drinking wells, which
are often carried out by local villages rather than the ADC itself.
3. Challenges in Fund Allocation: The ADCs face issues with the allocation and timely
transfer of funds from both state and central governments. State governments are
reluctant to distribute funds to ADCs, which is further complicated by delays and
political interference. ADCs also lack a legal mandate to ensure that funds are distributed
as per their needs.
4. Social Impact: ADCs are intended to protect tribal cultures and communities by having a
say in the design of educational curricula and the codification of customary laws.
However, political affiliations often interfere with these goals, as teachers are sometimes
recruited based on political considerations rather than merit. Furthermore, the
administration of justice through ADC-run courts faces significant challenges, with many
major criminal cases not being handled by these councils.
5. Political Impact: ADCs have contributed positively to the deepening of democracy in
the Northeast. They provide a platform for political participation, especially for those
who cannot compete in state-level elections. They have played a role in reshaping
 traditional political processes by offering opportunities for tribal and non-tribal members
to engage in leadership roles.

Historical Background of Administration in the Fifth and Sixth Scheduled Areas

1. Colonial Administration of Tribal Areas:

o Colonial Period: The British recognized the need to protect tribal areas from
exploitation by outsiders. This led to the creation of regulations like:
 Inner Line Regulation (1873).
 Scheduled District Act (1874).
 Government of India Acts (1919, 1935).
o Scheduled District Act (1874): Restricted the application of general laws to
Scheduled Districts.
o Government of India Act (1935): Classified tribal areas as "excluded" and
"partially excluded", with minimal direct governance.
2. North-East India’s Unique Governance:
o The hill regions of Assam (now split into multiple states) were governed
indirectly by the British, maintaining tribal self-governance and limiting
administrative interference.
o The excluded category in the Government of India Act, 1935 recognized the
autonomy of these regions, where traditional systems prevailed and the British
avoided heavy intervention.
3. Post-Independence Shift in Policy:
o Independence and Integration: Post-independence, India’s policymakers aimed
to replace the colonial policy of non-interference with integration and
development.
o The goal was to balance tribal protection (preserving customs, traditions,
culture, and rights) with political participation.
4. Creation of Fifth and Sixth Schedules:
o Advisory Committee (1946): Chaired by Sardar Vallabhbhai Patel, it was
tasked with framing a scheme for the administration of tribal areas.
o Sub-committees:
 Excluded and Partially Excluded Areas Sub-Committee (headed by
A.V. Thakkar) for areas outside Assam.
 North-East Frontier Tribal and Excluded Areas Sub-Committee
(headed by Gopinath Bordoloi) for Assam's tribal areas.
o The sub-committees toured tribal areas, interacted with communities, and
identified key needs:
 Self-Governance: Traditional self-governing institutions were functioning
democratically, settling disputes based on customs.
 Cultural Protection: Smaller tribes had distinct cultures needing
protection from dominant tribal groups.
o Recommendations: These led to the creation of Scheduled Areas and Tribal
Areas, ensuring legal protections for tribal cultures and resources.
 5. Incorporation in the Constitution:
o Based on the sub-committee reports, the Fifth and Sixth Schedules were drafted
into the Constitution of India (1950) to provide special provisions for the
governance and protection of tribal areas and people.

Comparison Between the Fifth and Sixth Schedules

The Fifth and Sixth Schedules of the Indian Constitution provide frameworks for the
governance and administration of tribal areas, but they differ in terms of powers, structure, and
the nature of governance:

1. Categorization of Areas:

 Fifth Schedule: Covers Scheduled Areas, which are areas predominantly inhabited by tribal
communities, where the State Legislature has a greater role in governance.
 Sixth Schedule: Covers Tribal Areas, specifically in the states of Assam, Meghalaya, Mizoram,
and Tripura, where more autonomy is granted to tribal communities.

2. Institutional Mechanisms:

 Fifth Schedule: Provides for the creation of Tribes Advisory Councils by the State Legislature.
These councils mainly advise on issues related to the welfare of tribals in the state but have
limited powers.
 Sixth Schedule: Provides for the creation of Autonomous District Councils (ADC) or Regional
Councils. These councils have extensive powers, including executive, legislative, and judicial
powers.

3. Powers:

 Fifth Schedule:
o Tribes Advisory Councils: These councils have limited powers, mostly executive in
nature. They are not granted legislative, judicial, or financial powers.
o Their powers are defined and limited by the State Legislature and primarily deal with
administrative matters.
o Executive powers of the State also extend to Scheduled Areas.
 Sixth Schedule:
o District and Regional Councils: These councils have extensive powers that include:
 Executive powers: Manage local administration (schools, roads, markets, etc.).
 Legislative powers: Make laws on matters like land management, inheritance,
marriage, and social customs.
 Judicial powers: Establish local courts for tribal disputes.
o These powers are derived from the Constitution, not the State Legislature.

4. Financial Powers:

 Fifth Schedule:
 o Tribes Advisory Councils have no financial powers. There is no mention of sources of
income or financial assistance for these councils.
o Financial assistance from the State Government is a moral duty but not a constitutional
mandate.
 Sixth Schedule:
o District and Regional Councils are empowered to mobilize resources, including:
 Levy and collection of taxes (e.g., land revenue, profession taxes).
 Budget preparation and financial management for their areas.

5. Delegation of Powers:

 Fifth Schedule: The delegation of powers to Tribes Advisory Councils is minimal, with decisions
primarily made by the State Cabinet.
 Sixth Schedule: The District and Regional Councils have a detailed list of powers they can
exercise, including lawmaking, local governance, and dispute resolution, granting them much
more autonomy.

6. Extent of Autonomy:

 Fifth Schedule: Provides for limited autonomy and safeguards for tribals but does not allow for
self-governance to the extent seen in the Sixth Schedule.
 Sixth Schedule: Offers a higher degree of autonomy to tribal areas, often referred to as a "mini-
constitution" for these regions. The councils in these areas function like mini-states with
legislative, executive, judicial, and financial powers


Key Differences:

 Powers: Sixth Schedule councils have broader powers (legislative, judicial, executive, financial),
while Fifth Schedule councils have limited executive powers.
 Financial Independence: Sixth Schedule councils have financial powers, whereas Fifth Schedule
councils do not.
 Structure: Sixth Schedule councils are Constitutionally mandated and have more direct control
over governance, unlike the Fifth Schedule’s advisory role

Politics Relating to the Fifth and Sixth Schedules

The Fifth and Sixth Schedules were designed to protect and promote the welfare of tribals in
India, but over time, both have faced criticism for being inefficient, inadequate, and sometimes
counterproductive. Various political and administrative issues have arisen in the implementation
of these provisions.

12.6.1 Fifth Schedule: Dissatisfaction and Criticisms

 Lack of Interest and Implementation:

 o One of the main criticisms is that the Fifth Schedule has failed to deliver its
desired impact. State Governments often show a lack of interest in initiating or
planning developmental activities for tribal areas. As a result, the Tribes
Advisory Council (TAC), despite being established to represent tribal interests,
often finds its advice ignored or marginalized.
o TAC members have claimed that they rarely have opportunities to participate in
the decision-making process regarding tribal affairs, making their role largely
symbolic. This lack of participation undermines the democratic rights of tribal
communities, and their voices are often absent from critical policy-making
processes.
 Governor’s Role:
o The role of the Governor, who is expected to oversee the proper implementation
of the Fifth Schedule, has been marginal. The Governor's powers are often bound
by the decisions of the State Cabinet, and as a result, the implementation of the
provisions in the Fifth Schedule has been hindered.
 Political Dependency:
o Since the activities of TACs depend heavily on the political party or parties in
power in the state, there is a lack of statutory support. This political dependence
has led to inconsistent and inadequate application of the provisions for the welfare
of tribals.

12.6.2 Sixth Schedule: Challenges and Limitations

 Conflict with Traditional Leadership:

o The creation of Autonomous District Councils (ADC) under the Sixth Schedule
has weakened the traditional tribal leadership, particularly the role of Chiefs and
Headmen. These traditional leaders, who were the pillars of governance in tribal
society, have felt marginalized in the new governance structure, which is largely
controlled by a small group of modern elites.
o Tribal dissatisfaction arose as the traditional structures, particularly in the
Lushai and Khasi Hills, were threatened by the modern district councils, with
chiefs fearing the loss of their privileges and influence.
 Ethnic Disparities and Conflicts:
o The introduction of special provisions for certain tribal groups led to disparities
and ethnic tensions. As more groups sought autonomy, conflicts between
different tribal communities and between tribes and non-tribes grew. For
example:
 The inclusion of Bodos into the Sixth Schedule led to resentment among
other tribes who felt left out or treated unequally, despite already having
their own forms of autonomy (like the Bodoland Territorial Area District).
 Demand for extension of the Sixth Schedule to other regions, such as
Manipur, has increased ethnic divides. This has led to violent protests
and agitations as groups demand similar protections or the revocation of
the Sixth Schedule.
  Corruption and Mismanagement:
o The Autonomous District Councils have been accused of mismanagement,
corruption, and misuse of public funds. Many claim that vested interests within
the councils are exploiting their positions, and large sections of the population,
particularly non-tribals, question the relevance and efficiency of these councils.
o There have been demands from various groups for more autonomy and direct
funding from the central government to strengthen the power and functioning of
the District and Regional Councils. However, this has often led to violent
protests and further resentment.
 Here is a comparison between the Fifth and Sixth Schedules of the Indian Constitution in
table form:

Aspect Fifth Schedule Sixth Schedule

Covers Scheduled Areas, which are Covers Tribal Areas in Assam,
1.
predominantly tribal regions under Meghalaya, Mizoram, and Tripura, with
Categorization
the jurisdiction of the State greater autonomy granted to tribal
of Areas
Legislature. communities.
Establishes Tribes Advisory
Establishes Autonomous District
Councils created by the State
2. Institutional Councils (ADC) or Regional Councils
Legislature. These councils mainly
Mechanisms with extensive powers (executive,
advise on tribal welfare issues but
legislative, and judicial).
have limited powers.
District and Regional Councils have
Tribes Advisory Councils have
executive, legislative, and judicial
limited executive powers. They
powers (e.g., lawmaking, dispute
cannot make laws, administer
3. Powers resolution, administration of local
justice, or manage finances. The
affairs). These powers are derived
powers are defined and limited by
directly from the Constitution, not the
the State Legislature.
State Legislature.
Tribes Advisory Councils have no
financial powers. There is no District and Regional Councils are
4. Financial provision for budget preparation or empowered to mobilize resources
Powers resource mobilization. Financial through taxes (e.g., land revenue), levy
assistance is based on the discretion taxes, and manage budgets for their areas.
of the State Government.
Minimal delegation of powers. The
Extensive delegation of powers. The
State Cabinet has substantial control
5. Delegation of councils have autonomy in local
over decisions, and the role of the
Powers governance, lawmaking, dispute
Tribes Advisory Councils is largely
resolution, and resource management.
advisory.
Provides a higher degree of autonomy.
Offers limited autonomy and The councils are sometimes referred to as
6. Extent of safeguards but lacks provisions for "mini-constitutions," functioning with
Autonomy self-governance as seen in the Sixth legislative, executive, judicial, and
Schedule. financial powers similar to a state within
a state.
The Panchayat Extension to Scheduled Areas Act (PESA) 1996 was introduced to empower
tribal communities in India, particularly in the Fifth Schedule areas, by giving them greater
control over local resources. Here’s a simplified explanation of its key aspects and challenges:

Key Features of PESA (1996):

1. Empowerment of Gram Sabhas:

o PESA strengthens the role of Gram Sabhas (village councils) in tribal areas,
allowing them to make decisions on planning and resource management.
2. Rights Over Forest Resources:
o The law grants tribal communities the ownership of Non-Timber Forest
Produce (NTFP), which is a key source of income. This was a major change, as
earlier policies had restricted their access to these forest products.
3. Decentralized Forest Governance:
o PESA ensures that Gram Sabhas manage Minor Forest Produce (MFP) and
social forestry activities. This decentralization gives tribes more control over
their forest resources.
4. Recognition of Traditional Rights:
o The law recognizes the traditional rights of tribals over land, water, and forests,
giving communities more autonomy in managing these resources.
5. Problems with NTFP Trade:
o Despite legal recognition, issues remain with the marketing of NTFP. Middlemen
often buy products from tribal people at very low prices and sell them at higher
rates, exploiting the producers.
6. Lack of Minimum Support Price (MSP):
o There is no set Minimum Support Price (MSP) for NTFP, which means that the
prices tribal communities get for their produce can be unfair and lower than
market value.

Challenges in Implementation:

 Slow Progress: While Gram Sabhas have legal ownership of NTFP, implementation has
been slow and incomplete.
 Price Exploitation: Middlemen continue to exploit tribal communities by buying NTFP
at low prices, leading to financial losses for tribals.

Suggested Improvements:

 Fix MSP for NTFP: The Expert Group on Prevention of Alienation of Tribal Land
and Its Restoration (PATLR) suggested enforcing a Minimum Support Price to
ensure fair prices for NTFP.
 Address Middlemen Exploitation: Creating a fairer system for selling NTFP directly
and removing middlemen would help tribal communities.
In summary, PESA 1996 was a step towards empowering tribal communities, but the law’s
implementation has faced challenges, particularly in terms of fair pricing and control over NTFP
markets.

ribal Communities and Their Dependence on Forests

1. Forest and Tribal Livelihood:

o For tribal communities, forests are integral to their social, cultural, and
economic life. They rely on the forest for a wide range of essential needs,
including food, fuel, and fodder.
o Over two-thirds of the tribal population in India lives near or within forests, and
they rely on forest-based occupations for survival.
o Non-timber forest produce (NTFP), also known as minor forest produce
(MFP), plays a crucial role in the livelihood of these communities, contributing
20% to 40% of their annual income. NTFP provides essential subsistence
support, especially during lean seasons, and is often collected and marketed by
women in the community.
o NTFP includes products like fruits, herbs, resins, and fibers, which are often
the only means of survival for marginalized and landless tribal groups.
2. Cultural and Economic Significance of Forests:
o Tribal communities have a deep, symbiotic relationship with forests. They
practice sustainable resource use and conservation to ensure their survival
without over-exploiting natural resources.
o Tribals traditionally treat forests as community property, and their customary
practices ensure that resources are shared and managed sustainably. This
relationship is often rooted in cultural values such as animism, totemism, and
the reverence of sacred groves, which serve to protect and maintain ecological
balance.
o Anthropological studies have highlighted the holistic view of the tribal
community’s connection to the natural environment, emphasizing the cultural
and spiritual significance of the forests.
3. Types of Tribal Communities Based on Livelihood:
o Hunter-gatherers or Foragers: These include vulnerable tribal groups
(PVTGs) such as the Bondas of Odisha, Chenchus of Andhra Pradesh, Birhors
of Jharkhand, and Jarawas and Sentinelese of the Andaman Islands. These
communities are completely dependent on forests for their food and shelter.
o Pastoralists: Tribes like the Todas of Tamil Nadu and the Gaddis of Himachal
Pradesh rely on cattle rearing in hill regions and are connected to forests for
grazing lands and forest-based resources.
o Shifting Cultivators: Tribes such as the Kondhs and Maria Gonds use forest
land for slash-and-burn agriculture (also known as shifting cultivation), living
in forested and hilly regions.
o Agricultural Tribes: Tribes like the Bhil, Mina, Santhal, and Munda are
subsistence farmers who depend on the forest for fuelwood, fodder, and other
forest products.
 o Artisan Tribes: The Kolams of Maharashtra and Irulas of Tamil Nadu engage in
bamboo crafting and other forest-based crafts, using forest resources as the
primary material for their artisan works.
4. Impact of Colonial Forest Policies:
o Colonial forest laws imposed by the British disrupted the traditional forest
management practices of tribal communities. The Forest Acts restricted tribal
access to forests and curtailed their cultural rights over natural resources. Tribal
lands were annexed as reserved forests, and the rights of indigenous people were
often ignored.
o Under colonial rule, forests were treated as crown lands for state control, and
tribes lost their customary rights to use forest resources. This control was not
just for conservation but also for commercial exploitation, like timber for the
railways, which disregarded the livelihoods of tribal communities.
o This exploitation, alongside new legislation, marked a significant shift from the
communal ownership of resources to a state-controlled model, fundamentally
changing the tribal way of life.
5. Contemporary Forest Policies:
o Post-colonial forest policies, particularly after independence, aimed at
ecological restoration and forest conservation, but often ignored tribal rights.
For example, National Forest Policy of 1952 and the Wildlife (Protection) Act
of 1972 prioritized national development and conservation over the needs of
tribal communities, restricting their access to forests.
o The National Forest Policy of 1988 introduced the concept of Joint Forest
Management (JFM), encouraging community involvement in forest
management. The policy recognized the symbiotic relationship between tribal
communities and forests, promoting co-management of forest resources, and
emphasizing the protection of tribal rights to forest produce.
6. Rights of Tribal Communities:
o Tribal communities' rights over forests have evolved over time, with growing
recognition of their cultural, social, and economic entitlements. Their right to
survive, right to live with dignity, right to preserve their culture, and
indigenous rights have been central to the ongoing debates.
o Despite efforts in forest policy reform, tribal rights continue to be neglected in
many areas due to state interests, commercial projects like mining,
industrialization, and the creation of protected areas that exclude local
population

Colonial and Post-Colonial Forest Policies and Their Impact on Tribal

Communities

1. Colonial Forest Policies:

o Forest Act of 1865: The first formal step towards forest administration, aiming
to control unauthorized access to forest resources, primarily to ensure timber
supply for the railways.
 o Forest Act of 1878: Introduced categorization of forests into reserved,
protected, and village forests, limiting tribal access to resources and imposing
fines and punishments for unauthorized forest use.
o Forest Policy Resolution of 1894: Focused on forest conservation, but also
imposed taxes on forest land and cultivation, reflecting the state's interest in
revenue generation. It had provisions for recognizing some cultivation rights,
though these were usually state-driven and aimed at collection of rent.
o Indian Forest Act of 1927: The state exerted greater control over forest
resources, further curtailing tribal rights and allowing deforestation for timber
production. Tribals were physically harassed, and their rights to forest products
were severely restricted.
2. Impact of Colonial Policies:
o Colonial forest laws treated forests as crown lands, removing traditional
community-based management of resources. This led to the alienation of tribal
communities from their ancestral lands and forests.
o Despite some nominal provisions for tribal claims, these laws were enforced in
ways that marginalized indigenous populations, restricting their traditional
practices like grazing, product collection, and swidden farming.
o Reserve Forests were created without proper acknowledgment of tribal
communities' rights, leading to the loss of livelihoods for millions of tribal
people.
3. Post-Independence Forest Policies:
o National Forest Policy of 1952: This policy recognized the symbiotic
relationship between tribal communities and forests but failed to address tribal
rights adequately, prioritizing national development (like mining and industrial
projects) over the needs of local communities. The focus remained on national
interests, sidelining the demands for tribal welfare.
o Wildlife (Protection) Act, 1972: This law further restricted access to forest
resources, creating protected areas like national parks and sanctuaries. Tribal
communities who depended on these resources faced severe restrictions, and
their traditional rights were ignored.
o National Commission on Agriculture (1976): Recommended reducing tribal
access to forest produce, criticizing the free supply of forest products to rural
populations. This marked an effort to regulate and limit the tribal use of forest
resources, contributing to further marginalization.
4. Shift Towards Participatory Management:
o By the 1980s, it became clear that forest conservation was not effective without
involving local communities. The Indian Forest Policy of 1988 introduced Joint
Forest Management (JFM), advocating community participation in forest
protection and management.
o The 1988 National Forest Policy recognized the needs of rural and tribal
populations for fuelwood, fodder, minor forest produce, and small timber. This
policy marked a shift towards community ownership, acknowledging the
symbiotic relationship between tribes and forests.
o It also stressed the need for afforestation, social forestry, and farm forestry,
which became central to integrating tribal communities into forest management
 practices. This policy ensured protection of tribal rights, with provisions to
uphold customary rights and concessions enjoyed by tribal people.
5. Challenges Despite Policy Shifts:
o Despite the National Forest Policy of 1988 and the Joint Forest Management
(JFM) initiatives, tribal communities still face significant barriers:
 Lack of proper land surveys and documentation of tribal land rights
continue to complicate legal recognition of their forest rights.
 Government projects, such as mining and industrialization, still
threaten tribal territories, often bypassing tribal consent.
 Environmental protection efforts sometimes ignore the cultural and
economic dependence of tribal communities on forests, leading to
conflict over resource access.

Key Takeaways:

1. Colonial forest policies aimed at economic exploitation and control over resources
severely impacted tribal communities by restricting access to forest resources and
removing traditional rights.
2. Post-independence policies have tried to include tribal concerns, but their
implementation has been inconsistent, with state interests often taking precedence.
3. Joint Forest Management (JFM) introduced in 1988 is a significant step towards
inclusive conservation, but issues like land rights documentation and external
development pressures remain unresolved.
4. Recognition of tribal rights remains an ongoing challenge, with economic
development goals sometimes conflicting with the need for tribal autonomy and forest
preservation.

Distinction Between PESA (1996) and the Forest Rights Act (FRA, 2006)

While both the Panchayat Extension to Scheduled Areas Act (PESA) and the Forest Rights
Act (FRA) are designed to protect and empower tribal and indigenous communities, they focus
on different aspects of governance and rights. Below is a comparison of both laws:

Aspect PESA (1996) Forest Rights Act (FRA, 2006)

To extend the provisions of Panchayats To recognize and vest forest rights
(local self-governance) to the Scheduled in tribal communities and other
Objective Areas (tribal areas) and empower Gram traditional forest dwellers who have
Sabhas (village councils) to manage been dependent on forests for their
local resources. livelihoods.
Recognition of forest rights and
Decentralized governance and resource
Focus empowerment of tribal communities
management by Gram Sabhas.
to manage and protect forests.
Rights Granted Empowers Gram Sabhas to manage Grants individual and community
natural resources (e.g., forests, land, rights over forest land, including
 Aspect PESA (1996) Forest Rights Act (FRA, 2006)
rights to forest produce, land titles,
water) within their jurisdiction.
and traditional practices.
Forest Rights Committees (FRCs) at
Gram Sabhas (village councils)
Institutional the grassroots level (Gram Sabhas
empowered to make decisions and
Mechanism or Palli Sabhas) to identify and
manage resources.
recommend forest rights.
Empowers Gram Sabhas and Palli
Empowerment of Gives Gram Sabhas decision-making
Sabhas to determine and manage
Gram Sabhas power over local resources.
forest rights.
Grants ownership and rights over
Focuses on management of Minor
Control Over forest produce (Non-Timber Forest
Forest Produce (MFP) and forest
Forest Resources Produce) and land titles in forest
governance at the community level.
areas.
Has led to issuance of land titles but
Allows local governance, but lacks full
faces challenges in implementation
Implementation enforcement of rights or control over
due to lack of serious enforcement
resources.
and institutional coordination.
Focuses on non-timber forest produce Broad scope, including rights to
Scope of Rights and forest governance in Scheduled land, forest produce, water, and the
Areas. protection of cultural heritage.
Allows for the conservation of
Allows Gram Sabhas to prevent
Conservation critical wildlife habitats but with
destructive practices affecting the
Focus restrictions on compromising tribal
environment.
rights.
Slow implementation, lack of Slow processing of claims, delays in
Key Challenges enforcement, and resistance from state land title distribution, and lack of
agencies. political will at various levels.
Grants rights over forest produce,
No direct financial powers; resources
Financial Rights including provisions for livelihoods
managed locally.
and management.

Summary of Differences:

 PESA (1996) focuses on empowering Gram Sabhas to manage local resources and
strengthen local governance in Scheduled Areas (tribal regions). It decentralizes
governance and focuses on resource management.
 FRA (2006) primarily focuses on recognizing the forest rights of tribal and traditional
forest dwellers, providing them with land titles and the authority to manage forest
resources, including forest produce (like NTFP), and preserving their cultural heritage.

Despite the differences in their focus areas, both laws aim to empower tribal communities, with
PESA focusing more on governance and FRA addressing issues of land rights and forest-based
livelihoods. However, both have faced challenges in effective implementation.