Safeguard With Problems
Safeguard With Problems
Safeguard With Problems
156
Problems of Tribes*
UNIT 12 PROBLEMS OF TRIBES*
Structure
12.0 Introduction
12.1 Migration
12.1.1 Earlier Tribal Migrations to Northeast India
12.1.2 Organised Migration
12.1.3 Causes of Migration
12.1.4 Nature and Problems of Migration
12.1.5 Problems of Migration/ Migrants as Evident During Covid-19 Nationwide
Lockdown
12.2 Liquor Consumption
12.2.1 Traditional Beverages
12.2.2 Distilled Liquor
12.2.3 Case: A Movement to Ban the Sale of Liquor and Control the Consumption of
Toddy
12.3 Development Induced Displacement
12.3.1 Potential Risks in Displacement
12.3.2 Displacement among Tribals
12.4 Resettlement and Rehabilitation
12.4.1 Policies and Problems
12.4.2 Resettlement and Rehabilitation among Tribals
12.5 Alienation of Land
12.5.1 Meaning
12.5.2 Forms of Land Alienation
12.5.3 Land Alienation by External Forces
12.5.4 Alienation of Land by Non-Tribals
12.5.5 Methods of Land Alienation by Non-Tribals
12.5.6 Alienation of Land by Development Projects
12.5.7 Internal Transfer of Land
12.6 Indebtedness and Debt-Bondage
12.6.1 Indebtedness
12.6.2 Debt-bondage
12.6.3 Constitutional and Legal Provisions
12.7 Health
12.7.1 Health Status
12.7.2 Illnesses and Tribal Medical Systems
12.7.3 Case: Resource Depletion Affects the Practice of Herbal Medicine
12.7.4 Modern Health Care
12.7.5 Case: Sixteen People in a Tribal Village Died due to Water Contamination
*Contributor: Dr. K. Koteswara Rao, Assistant Professor, Department of Humanities and Social
Sciences, National Institute of Technology, Rourkela, Odisha. 157
Problems, Development 12.8 Employment
Programme and
Constitutional Safeguards 12.9 Impact of Tribal Problems on Their Social, Cultural, Economic, and Political
Aspects
12.10 Summary
12.11 References
12.12 Answers to Check Your Progress
LEARNING OBJECTIVES
In this unit, you will learn about:
Various problems faced by tribes such as migration, liquor consumption, land
alienation, debt-bondage and indebtedness, development-induced displacement,
resettlement and rehabilitation, health, employment; and
Impact of tribal problems on their social, cultural, economic, and political
aspects.
12.0 INTRODUCTION
The tribes of India face several problems due to various reasons. The root cause of
some significant issues is the British intrusion into tribal areas, and subsequent, intrusion
by outsiders (officials, merchants, etc.) from plains into the tribal areas. They interfered
in the tribal life-ways, exploiting forest resources. Such intrusions, exploitative contacts,
and interferences caused disturbances in tribal areas (Koteswara Rao 2018a). Culture
contact (exploitative) is considered to be a significant reason for the emergence of
most tribal problems. As the tribes traditionally depend on their environment for
livelihoods and life, they are prone to socio-economic marginalisation.
Some problems of tribes have been discussed earlier in Unit 5, Tribal Problems, in
BANC-105, Tribes and Peasants in India (Koteswara Rao 2021). The present unit
provides an understanding of some other problems faced by tribal people. It also
offers new dimensions or brief discussions to some problems discussed in the earlier/
above unit.
12.1 MIGRATION
Migration (or labour migration) is a widespread problem faced by tribals today. The
severity and magnitude of the problem are more evident during the first wave of Covid-19
and nationwide lockdown. Migration is not a very old problem among tribals, who
traditionally depend on forests and certain other natural resources accessible in their
habitat. As the traditional tribal economy was close to nature, migration did not happen
in normal conditions.
12.6.2 Debt-Bondage
Debt-bondage is simply understood as bonded labour. According to the United Nations’
1956 Supplementary Convention1, debt bondage is “the status or condition arising
from a pledge by a debtor of his personal services or of those of a person under his
control as security for a debt, if the value of those services as reasonably assessed is
not applied towards the liquidation of the debt or the length and nature of those services
are not respectively limited and defined”.
167
Problems, Development According to Saxena, debt bondage is “a system whereby a debtor pledges his labour
Programme and
Constitutional Safeguards or the labour of somebody else close to him in lieu of the interest to be paid on the loan
advanced to him by the creditor. Usually, the pledgee or his nominee is released only
on the discharge of the debt” (quoted in Hasnain 2019: 312). Since such bonded
labourer gets very little or no pay/ money, debt repayment and ending of bonded
labour might not happen soon. The person is trapped into working for a long period.
The relationship may last for months, years and generations (Hasnain 2019). Thus,
indebtedness leads to debt-bondage and making the tribals, bonded labourers of
moneylenders on their own lands (Verma 2017: 184).
12.7 HEALTH
12.7.1 Health Status
The health status of tribes is reported as very poor. Some commonly reported health
problems include malaria, diarrhoea, tuberculosis, pneumonia, snake and scorpion
bites, and fluorosis. For e.g. 46% malaria cases and 70% falciparum cases of the
country come from 8.6% of the tribal population of the country (Anitha 2018). In
other words, the reasons for their poor health status is due to the interplay of factors
such as their living in remote and isolated terrains, illiteracy, ignorance of causes of
diseases, poverty, lack of safe drinking water, poor sanitation, malnutrition, poor maternal
and antenatal care, poor child health services, lower levels of immunisation, fewer
institutional deliveries, ineffective development programmes and health and nutritional
services. The poor health status of tribes is influenced by various factors, which can be
classified into cultural, economic, educational, geographic, demographic, and political
factors. Such factors in turn influence tribal health seeking behaviour. Delayed healthcare-
seeking behaviour among tribals in general and those with symptoms presumptive of
TB in particular, is an issue of concern (Anitha 2018).
It is reported that there are deficiencies in micro nutrients such as calcium, iron, vitamins
A and C among the tribal populations. The cause of such deficiencies is the
disappearance of millets from tribal diet (Anitha 2018). As they are increasingly
depending on market-based food grains, pulses and vegetables, they are facing certain
new health problems.
12.8 EMPLOYMENT
This is an emerging problem in the tribal areas today. Some tribes, who traditionally
depend on agriculture and artisanry, have adopted an economic life of labourers —
agricultural and non-agricultural. Such work is due to growing pressure on land because
of population growth, opportunities with the opening of mines and industries in tribal
areas, etc. They get work as casual labourers on causal (daily) basis in agriculture. The
non-agricultural work may be available at local (nearby) or non-local (distant) places
in other regions and States. They work in forestry, tea gardens, mills, mines, quarries,
industries, construction work (of roads, railway tracks, factories, bridges, dams, houses,
etc.). The tribes that adopted industrial labour mainly come from Jharkhand, Bihar,
Chhattisgarh, Odisha and West Bengal. The Chotanagpur region of Jharkhand is popular
for such industrial labour.
Some educated tribals are employed in government and private services, based on
their educational qualifications. They particularly come from major tribes like Bhils,
Gonds, Santhals, Minas, Oraons, Mundas, and Hos. For understanding the trend of
tribal employment status in government sector, the High Level Committee on tribals
has analysed the data from 1978 to 2000. Their report reveals that the percentage of
government employments is much below the proportion of tribal (Scheduled Tribes)
population to the total population of the country. “It could be either due to non-
implementation of the provision of reservation provided for Scheduled Tribes or non-
availability of suitable candidates for employment or both” (High Level Committee
2014: 127). The report also reveals that a high proportion of tribals engaged in the
government sector are for Group D services (semi-skilled/ unskilled jobs). In other
words, most of the jobs are in the lower rungs of the service ladder.
However, the educated tribal youth are looking for skilled and salaried job opportunities
in the public or private sectors (enterprises). Some of them are moving towards urban
and industrial areas to take up new jobs there. Few of such people once shared their
views that certain enterprises can be established in tribal areas based on the local, rich
natural resources for generating and providing employment opportunities to the local
tribals. Then their problems of unemployment or migration for work would be solved.
The Central and State Governments are implementing various schemes for skill
development and self-employment from time to time, e.g. the establishment of agro/
forest-based micro/ small scale industries. Despite many efforts, gaps exist between
170
policy expectations and local realities. Tribals face problems of unemployment, which Problems of Tribes*
in turn affects the views of the younger generation towards education.
12.10 SUMMARY
The tribes of India have faced and still face various problems due to many reasons.
The emergence of most tribal issues is mainly due to factors external to the tribes.
These include outsiders’ entry into tribal areas and exploitation of natural resources
(land, forest, etc.), “development” activities (dams, industries, mining, etc.), unfavourable
forest policies, etc.
Migration: Tribal migration is a widespread and severe problem, as evident with the
reverse migration of labourers during the Covid-19 nationwide lockdown. The causes
of migration can be classified into two broad categories. These are pushed-out factors,
and pulled into factors. Poverty predominates among all the factors. People migrate to
work in industrial areas, towns, cities, and other far-off places.
172
Liquor consumption: It is widely prevalent among the tribes. There are two types of Problems of Tribes*
traditional (alcoholic) beverages in the tribal areas. These are: natural beverages like
toddy, and fermented beverages like Handia. Besides the dominance of such
beverages, distilled liquors exist in some areas, if not all. These liquors can be classified
into two types: (a) country liquor/ arrak and (b) Indian-made foreign liquor. The sale
and consumption of distilled liquor is one of the major problems in tribal areas today.
So, N.K. Bose called liquor vendors “agents of exploitation” in the tribal areas, and
the Dhebar Commission has recommended the suspension of such liquor sales.
Development-induced displacement: Development projects cause and force people
to displace and dispossess their houses, lands and properties, lose access to natural
resources, loss of livelihoods, and various other adverse impacts at their new locations.
It is the most important form of displacement because of its forced nature and magnitude
of displaced people. There are 11 types of potential risks identified in displacement.
Most of the displaced and affected people are tribals, as most of the development
projects are located in tribal areas.
Resettlement and rehabilitation: The displaced people faced and still face many
problems of displacement, resettlement and rehabilitation due to various reasons. They
include (a) displacement is a multi-dimensional trauma that cannot be compensated
easily, (b) there was no rehabilitation and resettlement policy at the national level until
2003, (c) the resettlement and rehabilitation policies that existed until 2013 were vague/
problematic in some provisions and in their operation, (d) ineffective implementation of
the earlier policies and existing legislation of resettlement and rehabilitation, (e) the
arbitrary actions of the respective government or project authorities, (f) indifference
towards the displaced people’s grievances and portraying their protests from a negative
perspective.
Alienation of land: It is an old, major and persistent problem in tribal areas. It is
primarily caused by external factors, which are two types: non-tribals and development
projects in the tribal regions. Alienation of lands by non-tribals occurs, if the outsiders
and non-tribals encroach on tribal lands. Such problems occurred in many areas/ States.
Indebtedness and debt-bondage: Indebtedness is an obligation to pay money to
money lenders from whom tribals borrow money. It is an old, widespread and difficult
problem of tribes. Tribals became victims of dishonest and unscrupulous methods of
money lenders due to various causes of indebtedness. Indebtedness leads to debt-
bondage or bonded labour. Debt-bondage made the tribals bonded labourers of
moneylenders on their own lands.
Health: The health of tribes is affected by various cultural, economic, political,
geographic, and educational factors. Such factors, in turn, influence tribal health-seeking
behaviour. Tribal health status also affects or reflects in their socio-economic status.
Employment: Tribals face problems of unemployment, which affect them in various
ways. These include migration and the views of the younger generation towards
education.
12.11 REFERENCES
Anitha, C.T. (2018). Health status of tribals: An overview of disease burden in tribal
areas. In B.V., Sharma, N., Sudhakar Rao, & K., Koteswara Rao (Eds.). Source 173
Problems, Development book for functionaries in tribal areas, Volume 4: Health and women and child
Programme and
Constitutional Safeguards welfare (Unit 1, pp. 1–9). Hyderabad: Centre for Innovations in Public Systems.
Foster, G.M. (1976). Disease etiologies in non-western medical systems. American
Anthropologist, 78(4), 773–782
Government of Assam. (2021). Tea Tribes Welfare (Directorate for welfare of tea
and ex-tea garden tribes). Retrieved from https://ttwd.assam.gov.in/about-us/our-history
Hasnain, N. (2019). Tribal India (7th ed.). Delhi: Palaka Prakashan.
High Level Committee. (2014). Report of the high level committee on socio-
economic, health and educational status of tribal communities of India. Ministry
of Tribal Affairs, Government of India.
Kaul, S.K. (1977). A national picture. In S.N., Dubey & R., Murdia (Eds.). Land
alienation and restoration in tribal communities in India (pp. 185–192). New
Delhi: Himalaya Publishing House.
Koteswara Rao, K. (2015). External intervention, local environment, and knowledge
erosion: A forest-based community of South India. Culture, Agriculture, Food and
Environment 37(2), 124–129
........................, (2018). Cultural adaptation to climate change among indigenous
people of South India. Climatic Change, 147(1–2), 299–312
........................, (2020). Structural violations in resettlement and rehabilitation:
Evidence from the Gundlakamma project in Andhra Pradesh, India. Journal of Asian
and African Studies, Vol. 55, issue 4, pp. 552–567
........................, (2018a). Tribal areas: Pre and post-independence. In B.V., Sharma,
N., Sudhakar Rao, & K., Koteswara Rao (Eds.). Source Book for Functionaries in
Tribal Areas, Volume 2: Land and Identity Issues in Tribal Areas (Unit 1, pp. 1–
31). Hyderabad: Centre for Innovations in Public Systems.
........................, (2018b). Resettlement and rehabilitation policy and its
implementation. In B.V., Sharma, N., Sudhakar Rao, & K., Koteswara Rao (Eds.).
Source Book for Functionaries in Tribal Areas: Volume 2 Land and Identity Issues
in Tribal Areas (Unit 6, pp. 82–116). Hyderabad: Centre for Innovations in Public
Systems.
........................, (2021). Tribal Problems (Unit 5). Tribes and Peasants in India
(BANC-105, pp. 65–82.). Indira Gandhi National Open University (IGNOU), New
Delhi.
Maheshwari, M., Gupta, A., & Gaur, S. (2020). Probiotic potential of traditional Indian
fermented drinks. Current Nutrition & Food Science. 16(5), 638–643
Panda, S.K., Bastia, A.K., & Sahoo, G. (2014). Process characteristics and nutritional
evaluation of handia- A cereal based ethnic fermented food from Odisha. Indian Journal
of Traditional Knowledge, 13(1): 149–156
Reddem, A. (2019 April 10). Health, transport and telecom a far cry in Chaparai. The
Hindu. Retrieved from https://www.thehindu.com/news/national/andhra-pradesh/health-
174 transport-and-telecom-a-far-cry-in-chaparai/article26789062.ece
Sharma, I. (2018). Tea tribes of Assam– Identity politics and search for liberation. Problems of Tribes*
Economic and Political Weekly, 53(9), 74–78
Verma, R.C. (2017). Exploitation of tribals by money-lenders. Indian tribes through
the ages. Publications Division, Ministry of Information and Broadcasting, Government
of India.
Vidyarthi, L.P., & Rai, B.K. (1985, 1976). The Tribal Culture of India. New Delhi:
Concept Publishing Company.
175
Problems, Development
Programme and UNIT 13 PROBLEMS OF TRIBAL WOMEN*
Constitutional Safeguards
Structure
13.0 Introduction
13.1 Status of Tribal Women
13.2 Health and Nutrition
13.3 Education
13.4 Role of Women in Tribal Economy
13.5 Agriculture and Employment
13.6 Summary
13.7 References
13.8 Suggested Readings
13.9 Answers to Check Your Progress
LEARNING OBJECTIVES
In this unit, you will learn about the following:
understanding the status of tribal women in Indian context;
role of women in tribal economy; and
various problems faced by the tribal women.
13.0 INTRODUCTION
Tribes in India are characterised by significant variations in terms of their ethnicity,
residence, oral history, ecology, religion, economy and other socio-cultural institutions.
As per Census 2011 data, the population of tribes or Adivasisis is 10.45 crores out of
which women population is about 5.20 crores while men population is 5.25 crores.
Women constitute almost half of the tribal population yet they are often ignored or
overlooked while discussing about the tribal situation in India. Women gaining the
prime focus of enquiry in tribal studies are a recent phenomenon as argued by Xaxa
(2004). This was in concordance with emergence of general interest in women related
issues all over the globe.
In this unit, we are going to learn about the various problems and issues faced by the
tribal women in Indian context. The main issues of education, health and nutrition,
employment and participation in agriculture pertaining to tribal women are discussed in
this unit.
BOX 1
Action and Reflection
Name some of the famous Indian tribal women in any field that you know and
discuss their contributions.
BOX 2
Maternal and Child Health Care
Maternal and Child Health (MCH) care is defined by WHO as “promoting,
preventing, therapeutic or rehabilitation facility or care for the mother and the child”.
13.3 EDUCATION
Education and literacy levels are vital indicators of development of a society. Education
is important in today’s world irrespective of one’s class, caste, gender, ethnicity or
religious identities. Education is equally important for men and women. It is a tool to
178 ensure the overall development of women in the society. However access to formal
education is one of the major problems faced by tribal women. The situation was so Problems of Tribal Women*
grim prior to 1950s as there were no direct government programs targeting the tribal
education (Hasnain, 1991). But with the adoption of constitution, central as well as
state governments provided special attention to promote tribal education. Table 13.1
provides the data for literacy trends of Schedule Tribes from 1961-2011.
Table 13.1: Literacy trends for Schedule Tribes (ST) from 1961-2011 (figures
in percentage)
BOX 3
Literacy Rate
Literacy rate (LR) is defined as percentage of literates among the population aged
7 years and above.
Apart from agriculture, a large number of tribal women are also engaged in informal
workforce owing to the rise of urban and metro cities due to industrialisation and
globalisation. They work in the informal sector as construction labourers in cities. A
very small percentage of tribal women are educated and engaged in white collar or
private sector jobs in urban centers.
BOX 4
Ministry of Tribal Affairs and TRIFED launched an initiative Van Dhan Yojana in
2018 with the aim to improve the livelihoods of tribal women. The Van Dhan Vikas
Kendra/ a tribal start-up is a component of ‘Mechanism for marketing of Minor
Forest Produce through Minimum Support Price’ scheme. Under this, more than
1700 tribal enterprises have been set up all over India to provide employment
opportunities to tribal forest produce gatherers and small artisans especially the
tribal women. (PIB, 2021) (https://pib.gov.in/Pressreleaseshare.aspx?PRID=
1703035)
181
Problems, Development The major problems faced by the tribal women are as follows:
Programme and
Constitutional Safeguards
1) Problem of deforestation and land-alienation: Collection of minor forest
produce (MFP) serves as a major source of income for many tribal communities
wherein women and children are involved in collection, storage and processing of
MFP (Naresh, 2014). Due to massive industrialisation, the economic role of women
has been diminished. Increased government control over forests in tribal dominated
areas has adversely impacted the women. Government control over the forests
has also led to decline in hunting practices as rituals. Deforestation and large scale
felling of trees in tribal dominated areas has increased the strain of tribal women as
they now struggle more to procure the fuel wood and other forest based products.
The large scale land alienation in tribal areas has added to the woes of tribal women
as it renders earlier independent women to dependent and sub-ordinate to other
outsiders and money lenders.
2) Problem of migration: Migration of tribal women from their tribal hinterlands to
urban and metro cities in search of employment opportunities is a widespread
phenomenon in the Indian context. There are various push and pull factors that
contribute to the process of migration. The various push factors are low wages,
land alienation, poverty, indebtedness and unemployment that force tribal
women and girls to migrate to urban centers in search of better future. However
migrant tribal women face lots of problems due to their economic and sexual
exploitation at the hands of middle men, contractors and even their employers
(Naresh, 2014).
3) Problem of unequal wages: Apart from agriculture, women contribute to other
industrial workforce like mines and minerals sector. There is differential wage
structure prevailing that puts tribal women at economic disadvantage in this regard.
This difference in wages paid to men and women labourers is prevalent over the
country. Exploitation of cheap women labour can be seen in case of construction
related work and collection of tendu leaves. These examples reveal the stark reality
wherein the indiscriminate wage exploitation of women takes place under the forces
of commercialisation and industrialisation.
4) Problem of exploitation at work place: Tribal women are often exploited sexually
by the agents, contractors or middle men, fellow male co-workers. Tribal women
are the worst sufferers who face physical, mental, economic exploitation not just
because of the fact that they belong to tribal communities but being merely ‘women’
is enough. Prasad (1988) pointed out that the Rejas, the tribal women labourers
of Chota Nagpur region were made to work for longer duration for small amount
of money which was often withheld by the intermediaries. Thus we see that
industrialisation has favoured the exploitation of tribal women.
Check Your Progress
3) What are the various push factors that contribute to the migration of tribal women
to urban centres?
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................
182
Problems of Tribal Women*
13.6 SUMMARY
Tribal women continue to suffer exploitation and oppression in different facets of life in
spite of various legal safeguards and implementation of development plans. In this unit
we have discussed about the heterogeneous nature of status of women in tribal societies.
Overviews of the multiple problems – health and nutrition, education and employment
that are faced by tribal women in the contemporary times have been discussed.
Tribal development planning needs to be more ‘human-centered’ with a focus to provide
the women access to health, education and capacity building within the framework of
sustainable eco-system and land-use policy. All these are inter-linked and overall
development can be achieved by targeting all the aspects rather than only one aspect
of development. Tribal communities will be benefited immensely if the women progress
and excel.
13.7 REFERENCES
Basu, S. (1990). Anthropological approach to tribal health. In A., Bose, Nongbri, &
N. Kumar (Eds.). Tribal Demography and Development in North-East India. Delhi:
Hindustan Publishing Corporation.
Basu, S.K. (1993). Health status of tribal women in India. Social Change, 23(4), 19-
39. Retrieved from http://www.womenstudies.in/elib/tribals/tr_health_status.pdf
Bhasin, V. (2007). Status of tribal women in India. Study on Home and Community
Science, 1(1), 1-7. Retrieved from https://doi.org/10.1080/09737189.2007.11885234
Census of India. (2011). Schedule Tribe Population Data. Registrar General of India,
Ministry of Home Affairs, Government of India. Retrieved from https://
www.census2011.co.in/scheduled-tribes.php
Dhruw, B., Kaushal, R., Bhagat, R., & Atree, N. (2020). Tribal women participation
in agriculture and allied sectors in Gariaband district of Chhattisgarh. International
Journal of Research, 8(9), 334-344
Furer-Haimendorf, Von. C. (1943). The Chenchus: Jungle Folk of Deccan. London:
Macmillan.
Government of India (GOI). (2013). Statistical Profile of Schedule Tribes in India.
Retrieved from https://tribal.nic.in/downloads/Statistics/StatisticalProfileofSTs 2013.pdf
Hasnain, N. (1991). Tribal India (Reprinted in 2015). Delhi: Palaka Prakashan.
https://pib.gov.in/Pressreleaseshare.aspx?PRID=1703035
https://tribal.nic.in/downloads/Statistics/StatisticalProfileofSTs2013.pdf
Hutton, J.H. (1921). The Sema Naga. London: Macmillan.
Kalyani, K.S., Krishnamurthy, V., Rao, C.C., & Kumari, N.A. (2011). Role
performance of tribal women in agriculture- A study in agency area of East Godavari
district, Andhra Pradesh. Journal of Dairying, Food and Home Science, 30(3),
221-224. Retrieved from https://krishi.icar.gov.in/jspui/bitstream/123456789/16595/
1/Suman%20Kalyani %20Role_performencce_of_Tribal_women.pdf
183
Problems, Development Kumar, V., Singh, T.R., Yadav, S.R., & Singh, R.P. (1985). Employment and income
Programme and
Constitutional Safeguards pattern of women labour in modern agriculture in district Meerut (U.P.). Indian Journal
of Agricultural Economics, 40(3), 276-277
Lalhmingpuii,J., & Namchoom, V. (2014). The status and role of women in Mizo
society. Journal of North East India Studies, 4(1), 30-42
Maan, K. (1987). Tribal Women in a Changing Society. Delhi: Mittal Publications.
Mehrotra, N. (2004). Situating tribal women. The Eastern Anthropologist, 57(1),
61-73
Ministry of Health and Family Welfare and Ministry of Tribal Affairs, Government of
India. Tribal health in India: Bridging the gap and a roadmap for future (Executive
summary and recommendations). Retrieved from http://nhm.gov.in/nhm_components/
tribal_report/Executive_Summary.pdf
Mohanta, R. (2017). Participation of tribal women in agriculture. International Journal
of Science, Environment and Technology, 6, 745-750
Mohapatra, J. (2020). Literacy among tribal girls and women- An overview. India
Education Diary. Retrieved from https://indiaeducationdiary.in/literacy-among-tribal-
girls-and-women-an-overview/
Mythili, C. (2019). A study on role of tribal women in agriculture. International Journal
of Forest Usufruct Management, 20, 88-99
Naresh, G. (2014). Work participation of tribal women in India: A development
perspective. IOSR Journal of Humanities and Social Sciences, 19(12), 35-38.
Retrieved from http://www.iosrjournals.org/iosr-jhss/papers/Vol19-issue12/Version-
2/G01912 23538.pdf
Prasad, S.S. (1988). Tribal Women Labourers: Aspects of Economic and Physical
Exploitation. Delhi: Gian Publishing House.
Reddy, S. (2004). Ecosystems approach to human health: A case of Konda Reddi
tribes and women’s health. Journal of Human Ecology, 16(4), 271-282
.................., (2008). Health of tribal women and children: An interdisciplinary
approach. Indian Anthropologist, 38(2), 61-74. Retrieved from www.jstor.org/stable/
41920074
Sen, S., & Barik, S. (2020). Status of tribal women education in India. International
Journal of Creative Research Thoughts, 8(4), 413-422. Retrieved from https://
www.ijcrt.org/papers/IJCRT2004054.pdf
Shamna, A., Biswas, P., Jha, S.K., & Kumar, S.H. (2018). Tribal farm women’s
participation in agriculture and factors influencing it: Evidence from West Bengal. Indian
Journal of Agriculture and Science Technology, 20, 911-920
Singh, A.K., & Rajyalakshmi, C. (1993). Status of tribal women in India. Social
Change, 23(4), 3-18. Retrieved from http://www.womenstudies.in/elib/tribals/st_status
_of_tribal.pdf
Singh, D.V., & Samal, A. (2016). Impact of nutrition education on knowledge of tribal
women. International Journal of food science and technology, 6(4), 1-6. Retrieved
from https://www.academia.edu/30987594/IMPACT_OF_NUTRITION_
184 EDUCATION_ON_KNOWLEDGE_OF_TRIBAL_WOMEN
Singh, J.P., Vyas, N.N., & Mann, R.S. (Eds). 1988. Tribal Women and Development. Problems of Tribal Women*
Jaipur: Rawat Publications.
Singh, K.S. (1988). Tribal women: An anthropological perspective. Singh, Vyas &
Mann (Eds.). Tribal Women and Development. Jaipur: Rawat Publications.
Xaxa, V. (2004). Women and gender in the study of tribes in India. Indian Journal of
Gender Studies, 11(3), 345-367. Retrieved from https://journals.sagepub.com/doi/
10.1177/097152150401100304
185
Problems, Development
Programme and UNIT 14 CONSTITUTIONAL PROVISIONS
Constitutional Safeguards
AND SAFEGUARDS*
Structure
14.0 Introduction
14.1 Constitutional Provisions
14.2 Constitutional Safeguards
14.3 Constitutional Role to Preserve and Conserve Tribal Culture
14.4 Welfare Programmes
14.5 Legislation
14.6 Reservation Policy
14.7 Summary
14.8 References
14.9 Answers to Check Your Progress
LEARNING OBJECTIVES
After going through this unit, you will be able to:
explore the constitutional role to preserve and conserve tribal culture; and
14.0 INTRODUCTION
India has numerous underprivileged communities and Indian state recognised them as
weaker sections of the society. It is apparent to state that the framers of the Indian
Constitution were concerned to ensure the improvement of Scheduled Tribes.
Article 46 of the Indian Constitution recognised these groups and made certain provisions
for their betterment and upliftment. Further, this article calls upon the state (both centre
and state governments) to promote with special care their educational and economic
interests and protect them from all forms of exploitation (Singh, 1983). Further,
democratic rights have been extended to the tribal people of India by granting them
citizenship with the principle of equality. Considering the history of social discrimination
and marginalisation, the makers of Indian Constitution realised that a mere extension of
citizenship rights to the tribal people would not ensure their adequate representation.
Thus, institutional mechanisms were developed to ensure their adequate representation
(Ambagudia, 2019).
*Contributor: Dr. Kasi Eswarappa, Assistant Professor, Department of Tribal Studies, Indira
186 Gandhi National Tribal University, Amarkantak.
Constitutional Provision and
14.1 CONSTITUTIONAL PROVISIONS Safeguard*
Singh (1983) categorised the constitutional provisions of Scheduled Tribes into four
types; protective, developmental, reservational and the rest.
Protective provisions are those which protect the interests of the Scheduled Tribes.
It is noteworthy that even provisions relating to fundamental rights have been qualified
with reasonable restrictions in favour of Scheduled Tribes. For instance, Article 15
prohibits discrimination against any citizen on grounds of religion, race, caste, sex, or
place of birth; but clause (4) thereof enables a state government to make special provision
for advancement of members of Scheduled Castes and Scheduled Tribes.
Article 16 provides for equality of opportunities for all citizens in matters relating to
employment or appointment to any public office; but the state has been empowered to
make reservation in appointments or posts in favour of Scheduled Castes and Scheduled
Tribes.
Article 19 grants the right to freedom of speech, assembly, association, union,
movement and residence throughout the country, freedom to practice any profession,
occupation, trade or business, but for the protection of the interests of Scheduled
Tribes, clause (5) permits reasonable restrictions on the exercise of rights of free
movement, residence and settlement in any part of the territory of India.
Article 23 prohibits human trafficking and other forms of forced labour; this has special
relevance for Scheduled Tribes. Thus, even some of the fundamental rights have been
sought to be abridged to extend protection to the underprivileged communities, i.e. the
Scheduled Castes and Scheduled Tribes.
Developmental provisions are those which provide a constitutional guarantee to the
underprivileged groups for their development. These provisions are related to
developmental aspects. For instance issues related to policy matters are emphasised in
Article 46 which calls for planned development of Scheduled Castes and Scheduled
Tribes.
Article 275 deals with the availability of financial resources. The first proviso of clause
(I) of article 275 makes it incumbent to set aside funds out of the Consolidated Fund of
India for being given to the states so that the cost of schemes of tribal development and
raising the level of administration in scheduled areas can be defrayed.
In Article 339(2) whereby the Centre is empowered to give directions to a State
asking them to draw up and execute schemes for the welfare of Scheduled Tribes.
Reservational provisions are those which provide a guarantee in matters relating to
employment and allow reservation to any backward class of citizens. Article 330
assures reservation of seats for Scheduled Caste and Scheduled Tribe communities on
the basis of population in the House of the People. Article 332 provides reservation of
seats in the legislative assemblies of the states. Article 335 assures reservation in
public services and posts in educational institutions.
Miscellaneous provisions are those which are related to the specification of scheduled
tribes.
Article 342 empowers the President to denote the tribes or tribal communities to be
deemed as Scheduled Tribes. Article 338 empowers the President to appoint a Special 187
Problems, Development Officer to investigate all matters relating to safeguards for the Scheduled Castes and
Programme and
Constitutional Safeguards Scheduled Tribes and the President causes such report to be laid before each House
of the Parliament.
Check Your Progress
1) Write an Essay on Constitutional Provisions of Scheduled Tribes.
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14.5 LEGISLATION
The Fifth Schedule of the Constitution under Article 244 provides for legislation for the
special problems of the Scheduled Area. Article 244 (1) lays down that the provisions
of the Fifth Schedule shall apply to the administration and control of the Scheduled
Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya,
Tripura and Mizoram. As per article 244(2) the provisions of the Sixth Schedule shall
apply to the administration of the tribal areas in the states of Assam, Meghalaya, Tripura
and Mizoram.
The Fifth Schedule of the Constitution under Article 244 (1) provides special provisions
for the legislation for the special problems of the Scheduled Areas. Para 5 (1) of the
said Schedule authorises the Governor to direct by public notification that any particular
Act of Parliament or of the Legislative Assembly of the State shall not apply to the
Scheduled Area or any part thereof or shall apply to the said area subject to such
exceptions and modifications as he may specify. Governor may withhold or modify the
application of the law which is not suitable for such areas. A legislation becomes
applicable automatically unless specifically restricted in whole or part by a notification
by the Governor (Verma, 2017: 135-137).
The Governor has been empowered to make Regulations for peace and good
government of Scheduled Areas. Such regulations may prohibit or restrict the transfer
of Scheduled Areas land by or among members of the STs. It also regulates the allotment
of Scheduled Area land to members of the STs. Further, it also regulates the carrying
on of business of money lending by persons who lend money to member of the STs in
such Scheduled Areas.
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The objective of the Fifth Schedule of the Constitution is not only to prevent acquisition, Constitutional Provision and
Safeguard*
holding or disposal of the land in Scheduled Areas by the non-tribals from the tribals or
alienation of such land among non-tribals inter se but also to ensure that the tribals
remain in possession and enjoyment of the lands in Scheduled Areas for their economic
empowerment, social status and dignity of their persons.
Check Your Progress
5) Write a short essay on Fifth Schedule.
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14.7 SUMMARY
To sum up the unit, it is apt to state that the framers of the Constitution were fully aware
of the tribal exploitation and struggles against the colonial rulers, therefore, provided a
comprehensive network of compensatory provisions to undue the centuries of injustice
perpetrated on the tribal communities. This endeavour shall definitely enable tribal
people to join the mainstream of the nation. Thus, in the present unit, an attempt is 193
Problems, Development made to highlight the various constitutional safeguards and different provisions for the
Programme and
Constitutional Safeguards protection and development of Scheduled Tribes of India. The present unit also discusses
vividly about the genesis of reservation and how the fathers of Indian Constitution
conceived it as a tool for the amelioration of the backward classes in India.
14.8 REFERENCES
Agarwal, U.C. (2003). Reservation for whom, why and how much: Constitutional
provisions and judicial verdicts. Indian Journal of Public Administration, 49 (2),
107-118
Ambagudia, J. (2019). Scheduled tribes, reserved constituencies and political reservation
in India. Journal of Social Inclusion Studies, 5 (1), 44-58
Ramdas, R. (2021). Poverty and education: Attainments and challenges for tribal
communities. Contemporary Voice of Dalit.
Singh, B. (1983). Constitutional and statutory provisions for the weaker sections of
the society. Indian Journal of Public Administration, 29 (2), 299-316
Verma, R.C. (2017). Indian Tribes through the Ages. New Delhi: Publications
Division, Ministry of Information & Broadcasting.
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