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Abstract

India is home to over 700 recognized Scheduled Tribes (STs), who constitute approximately 8.6% of the population (Census 2011). Spread across remote, forested, and hilly regions, they represent some of the most disadvantaged communities in the country. The Indian Constitution, supported by specific laws, policies, and institutions, provides an elaborate framework to safeguard their rights, preserve their cultural identity, and ensure their socio-economic development. This article presents a detailed examination of the tribal welfare framework in India.

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1. Who Are Scheduled Tribes?

The Indian Constitution does not define Scheduled Tribes but empowers the President under Article 342 to declare certain communities as Scheduled Tribes (STs) after consultation with the respective state governments.

Criteria Used for Identification:

Though not constitutionally defined, the following criteria are generally used:

• Geographical isolation

• Backwardness

• Distinctive culture and language

• Shyness of contact

• Social and economic disadvantage

India currently recognizes 705 Scheduled Tribes across different states and union territories.

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2. Constitutional Provisions for Tribal Welfare

Fundamental Rights (Part III)

• Article 15(4): Allows the state to make special provisions for the advancement of Scheduled Tribes.

• Article 16(4): Enables reservation in public employment.

• Article 19(5): Permits restrictions on freedom of movement and residence to protect tribal interests.

Directive Principles (Part IV)

• Article 46: Directs the state to promote educational and economic interests of Scheduled Tribes and protect them from social injustice and all forms of exploitation.

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3. The Fifth and Sixth Schedules

The Indian Constitution provides special governance models for tribal regions via the Fifth and Sixth Schedules.

3.1. Fifth Schedule (Article 244(1))

Applies to Scheduled Areas in 10 states (excluding the Northeast), including Jharkhand, Odisha, Madhya Pradesh, Chhattisgarh, Telangana, Andhra Pradesh, Rajasthan, Maharashtra, Gujarat, and Himachal Pradesh.

Key Features:

• Tribes Advisory Council (TAC): Advises the Governor on tribal welfare issues.

• Governor's Discretionary Powers:

  • Can make regulations for peace and good governance in Scheduled Areas.

  • Can modify or annul any state or central law applicable to Scheduled Areas.

  • Can restrict land transfers and regulate money lending to protect tribal interests.

• Governor reports annually to the President on the administration of Scheduled Areas.

3.2. Sixth Schedule (Article 244(2))

Applies to tribal areas in the Northeast: Assam, Meghalaya, Mizoram, and Tripura.

Key Features:

• Provides for Autonomous District Councils (ADCs) with legislative, executive, and judicial powers.

• Councils can make laws on land, forests, inheritance, social customs, etc.

• Offers greater autonomy than the Fifth Schedule, respecting the diverse tribal customs of the region.

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4. National Commission for Scheduled Tribes (NCST)

Established Under: Article 338A (via 89th Amendment Act, 2003)

Composition:

• Chairperson

• Vice-Chairperson

• Three other Members

Functions:

• Investigate and monitor constitutional safeguards for STs

• Inquire into specific complaints

• Advise on planning processes for ST development

• Present annual reports to the President

The NCST plays a watchdog role in ensuring government accountability in tribal welfare implementation.

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5. PESA Act, 1996 (Panchayats Extension to Scheduled Areas)

The PESA Act was enacted to extend the provisions of Panchayati Raj to Fifth Schedule areas, giving statutory backing to tribal self-governance.

Key Provisions:

• Empowers Gram Sabhas to:

  • Approve plans and development projects

  • Manage natural resources and minor forest produce

  • Settle disputes using customary methods

  • Control institutions like schools and health centers

• Recognizes traditional governance systems

Challenges:

• Weak implementation and delayed rulemaking by states

• Conflict with forest and mining laws

• Often undermined by parallel bureaucratic systems

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6. Forest Rights Act, 2006 (FRA)

Also known as Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act.

Objectives:

• Recognize land and livelihood rights of forest-dwelling tribes

• Protect access to traditional forest-based resources

• Allow community ownership of forests

Types of Rights Recognized:

• Individual Rights: Right to reside and cultivate

• Community Rights: Rights over forest produce, water bodies, grazing, etc.

• Community Forest Resource (CFR) Rights: Right to protect and manage forests

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7. Major Tribal Welfare Schemes (2024)

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8. Institutional Framework

Ministry of Tribal Affairs (MoTA):

• Nodal Ministry for tribal development

• Formed in 1999, separated from the Ministry of Social Justice

Other Institutions:

• National Scheduled Tribes Finance and Development Corporation (NSTFDC): Supports entrepreneurship

• Tribal Research Institutes (TRIs): Research and documentation of tribal heritage

• State Tribal Welfare Departments: Implement welfare programs at the state level

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9. Persistent Challenges

• Displacement and Land Alienation due to mining, infrastructure, and conservation projects

• Poor implementation of PESA and FRA

• Lack of access to education, healthcare, and livelihood opportunities

• Dilution of legal protections under pressure from economic interests

• Weak institutional capacity at grassroots levels

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10. Way Forward

• Strengthen community-based governance under PESA

• Ensure effective implementation of FRA

• Promote tribal-led conservation and development

• Safeguard tribal languages and culture

• Increase tribal representation in policy-making and administration