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Block 4

Problems, Development Programme and


Constitutional Safeguards
Problems, Development
Programme and
Constitutional Safeguards

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.

12.1.1 Earlier Tribal Migrations to Northeast India


However, some migrations happened earlier during the colonial or pre-independence
period from the tribal areas of Jharkhand (Bihar), Chhattisgarh (Madhya Pradesh),
Odisha, West Bengal, and Andhra Pradesh. Those tribes include Oraon, Santhal,
Munda, and Ho. They migrated to Northeast India particularly Assam, and North
158 Bengal, to work in tea plantations/ estates. Some tribes from Jharkhand and Chhattisgarh
have also migrated to Andaman and Nicobar Islands in search of unskilled employment Problems of Tribes*

(Hasnain 2019: 254-55; Vidyarthi and Rai 1985).


In the post-independence period, these migrated tribes to Assam (from Jharkhand,
Chhattisgarh, Odisha, West Bengal, and Andhra Pradesh) are known as Tea and Ex-
Tea Garden Tribes and popularly as “tea tribes” (Government of Assam 2021). They
are approximately 60 lakhs, comprising around 20% of the state’s total population
(Hasnain 2019). These tea tribes are not recognised as Scheduled Tribes in Assam as
they are not indigenous to the state. They experience a sense of deprivation, suppression,
exploitation, and identity crisis (Sharma 2018).

12.1.2 Organised Migration


However, an organised migration, where the contractors and middlemen are involved,
is a new phenomenon. Such migrations happen largely among the tribes of Bihar,
Jharkhand, Odisha, Chhattisgarh, Madhya Pradesh, and West Bengal.

12.1.3 Causes of Migration


Migration among tribal people is due to various factors. They can be understood under
two broad categories. These are pushed-out factors, and pulled into factors.
1) Pushed out factors: They include economic vulnerabilities, poverty, starvation,
exploitation (socio-economic), diseases, natural disasters (such as drought, famine,
epidemic, and pandemic), loss of land due to land acquisition and land alienation
by non-tribals, displacement, fragmentation of land, rain-fed agriculture and absence
of other livelihoods/ employment, and deforestation and decreasing access to forest
resources (Hasnain 2019: 254; High Level Committee 2014).
2) Pulled into factors: They include livelihood opportunities, employment attraction,
desire for better income and living conditions (Hasnain 2019: 254).
The above factors force the tribal people to leave or migrate from their lands. Sometimes
both categories of factors play together. As poverty is the predominant factor among
all the above, such migrations are called poverty–induced migrations. Consequently,
people migrate to industrial areas, towns, cities, and other far-off places (such as the
tea gardens of Assam) for work.
Check Your Progress
1) What are the causes of migration?
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12.1.4 Nature and Problems of Migration


This tribal labour migration is informal as migrants don’t have a guaranteed wage,
contract, or social security. Migrations are either temporary (seasonal or cyclical) and
permanent in nature. Earlier, there was mainly ‘seasonal migration’; ‘permanent
migration’ is a later development. Migrants work in farms, plantations, brick kilns,
159
Problems, Development house constructions, industries, quarries, mines, etc. They face many problems such as
Programme and
Constitutional Safeguards low wages, more work hours, working and living conditions, various forms of
exploitations (economic, sexual, etc.) from owners/ employers, contractors, and
middlemen (Hasnain 2019: 254-55). The tribals, particularly the youth, who migrate
to the plains, urban and industrial areas for employment, may relinquish their culture/
traditions and adopt the urban culture with time.

12.1.5 Problems of Migration/ Migrants as Evident during


Covid-19 Nationwide Lockdown
The range and problems of migration and migrants have been evident from the Covid-19
pandemic caused nationwide lockdown. The national lockdown during the first wave
of COVID-19 exacerbated the economic vulnerabilities of migrants due to unexpected
loss of work, employment, and earnings. It has affected not only their livelihoods but
also the lives of their family members at the origin. So, thousands to lakhs of migrants
were forced to return to their villages. Such migrant labourers faced various problems
and miseries during their reverse/ return travel/ journey to native places (reverse
migration).
The Covid-19 caused nationwide lockdown exposed the lack of data on the number
of migrant workers and their movements. So, the Government of India has later
developed a portal of National Migrant Information System (NMIS) and, for tribals,
particularly the National Tribal Migration Support Portal.

National Tribal Migration Support Portal


The National Tribal Migration Support Portal captures data/ information regarding
migrant workers. The migration data will be in four segments. They are 1)
demographic profile, 2) livelihood, 3) skill mapping, and 4) migration pattern. Such
data will be electronically accessible at the Village, Block/ Mandal, District, State,
and National level for different tiers of government authorities. The National Tribal
Migration Support Portal aims to manage credible government data sources on
migration for evidence-based programs and policies. Such portal or database is
expected for the following:
 “Promoting local livelihood….,
 Tailor-made program to support migrating families in a targeted manner,
 Formulation of suitable strategies and policy decisions for making the existing
schemes more effective and beneficiary friendly, and
 Immediate support for tribal and other migrant workers in cities for safe and
productive migration.”
Source: https://shramshakti.tribal.gov.in/

12.2 LIQUOR COMSUMPTION


12.2.1 Traditional Beverages
The habit of liquor consumption has been prevalent widely among the tribes. Their
traditional beverages are locally obtainable or prepared from various plant materials,
160
and most of them are not intoxicants. They are reported to have invigorating effects Problems of Tribes*
and some food/ nutritional value, for instance, toddy (a natural beverage) from fishtail
palm (Caryotaurens) or palmyra palm (Borassus flabellifera) (Kodirekkala 2018).
In some areas, traditional beverages are prepared from local materials of mahua
(Madhuca longifolia) flowers, and rice of paddy or millets. The beverage prepared
through the fermentation of rice of paddy or millets, is widely prevalent; it is known by
various local names such as Handia in Madhya Pradesh and Odisha (Hasnain 2019:
237-41). Such beverage is also reported to have lower alcohol content when compared
to commercial alcohol products and is non-toxic (Panda et al. 2014). Certain traditional
fermented drinks including Handia and toddy are reported of having probiotic potential
(Maheshwari et al. 2020). Tribals used to prepare and consume such beverages in the
family or community when desired, mainly during the occasions of their festivals,
marriages, rituals and ceremonies (Hasnain 2019: 237-41).
Nevertheless, all indigenous or local beverages are not problem-free. Few individuals
or people in a village/ community might exist as habitual drinkers, instead of occasional
drinking/ drinkers. Various additives (plant parts) are used in the fermentation/
preparation of toddy or Handia in many areas. Some of those additives are mild
intoxicants depending on their quantity. The fermented beverages made of such additives
may intoxicate the chronic and heavy drinkers. They are problematic to their families,
neighbours, and village/ community.
However, the benefits of traditional beverages (cultural needs and nutritional values)
are considered to outweigh or neutralise their problems in general.
Check Your Progress
2) What are the main types of traditional beverages in tribal areas?
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12.2.2 Distilled Liquor


Though the tribes traditionally have their own local/ traditional beverages, which are
their favourite, unfortunately, arrak (hard liquor/spirit) had earlier been promoted by
the British government (Koteswara Rao 2018a). The Abkari/ Excise policies of the
British and Indian governments and liquor lobbies are aimed at increasing their revenue.
Such developments have forced the tribals to depend on and consume distilled liquors,
irrespective of the traditional, local, social and ceremonial conditions and needs.
Therefore, N.K. Bose, during his tenure as commissioner for Scheduled Castes and
Scheduled Tribes, called liquor vendors as “agents of exploitation” in the tribal areas.
Dhebar commission has recommended the discontinuation of such distilled liquor sale
(Hasnain 2019: 237-41).
Nevertheless, the sale of liquor in various forms continues in the tribal areas. Besides
the supply of country liquor, local (illicit) distillation of arrak also prevails in some areas
by few people sometimes. Such sale and consumption of liquor is a major problem in
tribal areas today. They cause problems at family and society levels. They include
161
Problems, Development economic hardships, disruption in family life and relations, physical/ domestic violence,
Programme and
Constitutional Safeguards social disturbances, and other untold miseries. The liquor shops mostly owned by
outsiders in the tribal areas, sometimes become a cause of undesirable and illegal
activities, particularly among the tribal youth.
Nowadays the tribal youth are also slowly getting attracted to foreign alcoholic drinks
(Indian-made foreign liquor IMFL or foreign liquor) from urban areas. These are
perhaps due to market exposure/ economy, migrations, etc. They compound the
problems. For example, in the outskirts of a tribal village, empty glass bottles of IMFL
were thrown off on roadsides a few years back. Some of them were broken and
posed a danger to the local villagers and passers by, particularly children, who used to
walk barefoot to school and common land areas.
However, now many tribals are aware of the evils of liquor. Movements arise in tribal
areas against the sale and consumption of distilled liquor, particularly to dissuade tribals
from it. For instance, see the following case study in the next section.
Check Your Progress
3) What are the different types of alcoholic beverages in tribal areas?
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4) N.K. Bose called the liquor vendors in the tribal areas as…….?
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12.2.3 Case: A Movement to Ban the Sale of Liquor and


Control the Consumption of Toddy
The present case study is based on Konda Reddis, a particularly vulnerable tribal
group in Andhra Pradesh. The tribals from a village in the Agency area (ITDA, Integrated
Tribal Development Agency), of East Godavari district have succeeded in banning the
sale of distilled liquor and controlling the consumption of distilled liquor and toddy
(traditional beverage).
“People in this village, mainly women, most of who happened to be members of self-
help groups of the village, joined together and actively participated in this endeavour.
Of course, they did not succeed easily in a single attempt. Their struggle started 10
years ago when the distillation and sale of liquor were rampant in the area and the
village as well. They were determined to put a check to this menace as they had had
some bad experiences with their drunken husbands. They searched for the liquor brewing
places around the village, in the forest, destroyed all the liquor and broke all the pots
and other containers that were used for brewing liquor. The liquor makers were also
162
warned to not get involved in such activity thereafter. The villagers also put a control on Problems of Tribes*
the consumption of alcoholic drinks. Nobody was allowed to carry liquor to this village.
Of course, they did not put any restriction on the drinkers, if they went to other village(s)
for a drink. However, the villagers were vigilant on the secret making of liquor. Thus, it
gradually led to the decline of alcohol sale and consumption. If anyone was found
selling liquor, they were fined. Such a case occurred in December 2017, when a family
was found having a little quantity of liquor for sale. The family was fined at a public
meeting by the village political organisation, which was an informal organisation
comprising of all the adult members of the village.”
“In this village, a couple of families are involved in selling the toddy of jeelugu
(Caryotaurens) mainly during the toddy season. They are also required to pay some
amount annually as decided by the villagers at the public meetings every year. The
villagers in their meeting also discuss whether to allow the sale of toddy or not for the
upcoming season of the year, and how much tax is to be collected from those shops/
households, if allowed, for such business. Thus, the villagers through their organisation
regulate the sale and consumption of liquor and toddy. While taking this as an example,
the neighbouring villages also banned the sale of liquor to some extent in the recent
past and until now” (Koteswara Rao 2018a: 27-28).

12.3 DEVELOPMENT INDUCED DISPLACEMENT


Displacement is one of the major problems in tribal areas. Various development and
infrastructure projects (irrigation, industrial, mining, conservation, etc.) have displaced
tribals in large numbers. Such displacement is known as development induced or
development caused displacement.
Development projects cause people to dispossess own/ ancestral houses, lands and
properties, and forcefully leave their ancestral/ native homes, lands, and places/ villages
of living. They also cause people to lose access to natural resources, loss of livelihoods,
and various other adverse impacts at their new locations.
Development induced displacement is considered the most important form of
displacement because of its forced nature and magnitude of displaced people. In this
form of displacement, coercion or force of any nature by the state is dominant, so it is
also called involuntary or forced displacement. Such force is exercised by the public
authorities of the state.

12.3.1 Potential Risks in Displacement


There are various potential risks in displacement. Michael Cernea (1997, 2000, 2003)
identifies 9 such risks. These are:
1) landlessness,
2) joblessness,
3) homelessness,
4) marginalisation,
5) food insecurity,
6) loss of access to common property resources (and services),
163
Problems, Development 7) increased morbidity and mortality,
Programme and
Constitutional Safeguards 8) community/ social disarticulation (disintegration), and
9) educational losses (cited in Kodirekkala 2020).
Two more risks were identified later by Muggah, Downing and Robinson (Downing
2002; Robinson 2003). They are:
1) loss of access to community services (e.g., public services like health clinics and
educational facilities), and
2) violation of human rights (e.g. unfair compensation, arbitrary arrest, etc.) (cited in
Kodirekkala 2020).
Check Your Progress
5) How many potential risks have been identified in displacement by Michael Cernea
and others?
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12.3.2 Displacement among Tribals


The magnitude of displacement by various development projects in India reveals that
the majority of people displaced and affected are tribals. According to some reports
cited in High Level Committee (2014), 30.7–40.9 per cent of displaced/ affected
people are tribals. The high proportion of tribal displacement is because many
development projects are established in tribal areas due to the rich resources there,
and tribals are primarily dependent on certain natural resources. The displacement
problems can be understood easily from the major and recently completed Sardar
Sarovar project and the ongoing Polavaram project. Among the displaced in the Sardar
Sarovar project and Polavaram project, about 58% and 50% respectively were tribals.
If we look at other projects, like the Upper Indravati project in Odisha, 89% of oustees
were tribals. In the Koel Karo project in Bihar, 88% of oustees were tribals (Koteswara
Rao 2021).
Displacement causes deprivation of tribals’ tangible and intangible assets, livelihoods,
and resource base. It also causes psychological trauma and social and cultural problems.
Such multi-dimensional trauma cannot be compensated easily.

12.4 RESETTLEMENT AND REHABILITATION


12.4.1 Policies and Problems
Resettlement and Rehabilitation (R&R) are provided for the displaced people by
development projects. The displaced people face various problems of displacement,
resettlement and rehabilitation. They include deprivation of lands, assets, livelihoods,
and resources; social and cultural consequences; and psychological trauma. Such
164 problems were very high and severe earlier because:
 there was no rehabilitation and resettlement policy for project displaced/ affected Problems of Tribes*

families, at national level until 2003; and


 the “Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013” came into force only in 2014
(Koteswara Rao 2018b).
The project displaced or affected people have faced and still face problems even after
the resettlement and rehabilitation policies came into existence and force. The displaced
families are entitled to proper resettlement and rehabilitation benefits at the family as
well as village level for the restoration of their economic and socio-cultural base, and
infrastructural facilities. However, they are often violated in most projects.
Some of the reasons for such resettlement and rehabilitation problems include:
 the arbitrary actions of the respective government or project authorities,
 vague resettlement and rehabilitation policies that existed until the recent past,
 problems in provisions and operation of those earlier policies,
 ineffective implementation of the earlier policies and existing legislation on
resettlement and rehabilitation, and
 indifference towards the displaced people’s grievances and portraying their protests
from a negative perspective (Kodirekkala 2020).

12.4.2 Resettlement and Rehabilitation among Tribals


Tribals suffered and still suffer from numerous problems of resettlement and
rehabilitation in the majority of the projects situated in tribal areas. The proportion of
tribals displaced is high, but the proportion of tribals resettled is low (High Level
Committee 2014). The quantum of tribal displacement and their losses are often
underestimated and undervalued. So, they receive inadequate compensation, and
resettlement and rehabilitation measures are also insufficient. They are seldom
provided with land as compensation. If lands are allotted, they are often insufficient,
unsuitable, or of poor quality, faraway from their houses at the relocation sites. They
often lack proper infrastructure at the resettlement centres. These include safe drinking
water, electricity, roads, schools, and healthcare facilities. They lose access to natural
recourses like fuel, fodder, forest resources/ products. They also face the problems
of coping at the new settlement sites with the host population.

12.5 ALIENATION OF LAND


12.5.1 Meaning
The alienation of land (or land alienation) is an old and a major problem in tribal areas.
Since land is a vital resource for tribal people and also a marketable commodity, land
alienation happens. Land alienation (or alienation of land) means transfer of title and
possession from one person to another person. In the context of tribes, land alienation
means the tribal people losing ownership and control of their (tribal) land (Koteswara
Rao 2021).
165
Problems, Development 12.5.2 Forms of Land Alienation
Programme and
Constitutional Safeguards
Land alienation occurs mostly by external forces. In particular, transfer of land from
tribal to non-tribal has been happening in tribal areas for a very long time. However,
land transfer happens both outside and within the tribal community. So, theoretically
land alienation can be classified into two forms/ types. These are (a) land alienation by
external forces, and (b) internal transfer of land (by tribals).

12.5.3 Land Alienation by External Forces


Majority of alienation of land occurs by external forces. Such form of alienation is a
major problem for the tribes of this country. This form is of two types (a) alienation of
land by non-tribals (b) alienation of land by development projects in the tribal region.
Check Your Progress
6) What are the main types of land alienation in tribal areas?
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12.5.4 Alienation of Land by Non-Tribals


When non-tribal migrants and outsiders encroach on tribal lands, they alienate the
tribal people from their lands. Such alienation causes the tribes to lose control over
their lands. Such a problem of land alienation has existed in tribal areas of many states,
which include Andhra Pradesh, Telangana, Bihar, Jharkhand, Madhya Pradesh,
Chhattisgarh, Odisha, Maharashtra, Rajasthan, West Bengal, Assam and Uttar Pradesh
(Kaul 1977).
For the protection of the tribal lands, we have constitutional safeguards and legislative
measures like the “State Scheduled Area Regulations” and “Tenancy laws”. Despite
such protections, alienation of land by non-tribals, “in connivance with the instruments
of the State,” continues (High Level Committee 2014: 279).
According to a study (Misra 2002), land transfer from tribals to non-tribals was 85.95%
and from tribals to tribals was 14.04%. Prolonged indebtedness among the tribal families
has been the main cause of alienation their lands. Most of the tribals (about 85%) were
unaware of their constitutional rights and laws against the transfer of tribal lands (cited
in Koteswara Rao 2021).

12.5.5 Methods of Land Alienation by Non-Tribals


There are various methods adopted for alienation of land by transferees (non-tribals).
These include:
 sale,
 leasing and mortgaging,
 benami transfer,

166  encroachment or forcible occupation,


 marital alliance or concubinage, Problems of Tribes*

 fictitious adoption of non-tribals by tribal families,


 oral transfer of possession, and
 manipulation of land records.

12.5.6 Alienation of Land by Development Projects


According to the High Level Committee (2014) development projects in the tribal
region are one of the main causes of alienation of tribal land. The state used to acquire
lands in the name of “public purpose” without providing a compulsory “land for land”
provision for compensation/ rehabilitation. The report also reveals some other reasons
of land alienation such as collusion of revenue officials, incorrect interpretation of laws,
manipulation of records and permissions accorded to alienate land, and no record of
user practices for community lands that are recorded as government lands in survey
and settlement operations (p. 255).

12.5.7 Internal Transfer of Land


In some places/ times, land is transferred from a tribal landowner to another tribal. This
can be called internal transfer of land. This is a minor form/ issue of land transfer when
compared with land alienation by external forces. This internal transfer of land (or
mortgage) results in internal disparity, which is one form of land alienation within the
community (High-level Committee 2014).

12.6 INDEBTEDNESS AND DEBT-BONDAGE


12.6.1 Indebtedness
Indebtedness is an old, widespread and difficult problem of tribes. Indebtedness refers
to an obligation to pay money to another party (money lender). Tribals borrow money
from moneylenders for various needs and occasions such as: marriages, death rituals,
religious and social obligations, medical treatments, cultivation, litigation, and education.
Their needs force the poor tribals to borrow money by mortgaging their land(s) to
moneylenders at exorbitant rates of interest. They became victims of “dishonest and
unscrupulous methods of money lenders” (Verma 2017: 184, cited in Koteswara Rao
2021). Amount borrowed at extortionate rates of interest snowball into a sum that is
difficult to repay. Such debt would pass on from father to son to grandson as a continual
process. So, it is said that “tribals once in debt were always in debt” (Verma 2017:
184, cited in Koteswara Rao 2021). There are various causes of indebtedness.
Indebtedness often leads to situations of debt-bondage or bonded labour.

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).

12.6.3 Constitutional and Legal Provisions


There are various Constitutional provisions, and legislations or regulations pertaining
to the problems of indebtedness and debt-bondage. The legislations include Money
Lenders Regulation and Debt Relief Regulation of various States, and the Bonded
Labour System (Abolition) Act, 1976. However, there are problems in their effective
implementation.

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.

12.7.2 Illnesses and Tribal Medical Systems


Tribes experience various kinds of illnesses. Tribal illnesses are affected and addressed
by their different beliefs, values, attitudes, and practices. Some of them are recognised
by modern medicine and some others are explained only by their local/ traditional
medical practices, which are known as ethnomedicine.
As Foster (1976) describes, two types of medical systems exist among tribal societies.
168 These are personalistic and naturalistic medical systems. In the personalistic medical
system, illness/ disease is explained as caused by an agent – human (witch or sorcerer), Problems of Tribes*
non-human (ghost, evil/ ancestor spirit) or supernatural (god or such powerful being).
In other words, certain illnesses are attributed to witchcraft or sorcery, ghosts or spirits,
evil eye/ sprit, displeasure of a deity/ god, etc. Such illnesses are managed by magico-
religious practices.
In the naturalistic medical system, illnesses are caused by natural conditions or forces
(example cold, heat, imbalance in the body, germs causing illness). Such illnesses are
managed by herbal medicines. A traditional healer generally provides both the services
of herbal medicine and magico-religious practices. The practitioners of herbal medicine
may also exist in some villages. However, the ethnomedical practices are affected by
various factors, which include modern medicine, lack of local specialists/ practitioners,
changing environment, and depletion of forest resources and species scarcity. For an
example, read the case below.

12.7.3 Case: Resource Depletion Affects the Practice of


Herbal Medicine
An old man of 60 years age from the Konda Reddi tribe of Andhra Paradesh says:
“I am an expert in chekkamandu (herbal medicine) for treating bone fracture,
sprains, and certain bone-related pains. I fell down a couple of days ago and have
back-pain. But I could not treat myself, even though I know the effective treatment.
Because, the treatment requires the bark of the Naramamidi (Litsea decanensis)
tree, and the bark is not available as the trees are destroyed because of its high
demand by the Girijana Cooperative Corporation (GCC) and over-exploitation
of the resource by the people. So, I was left with no other alternative than going to
the hospital.... Thus, I had to spend some amount of money unnecessarily for the
English medicine, instead of using my own effective treatment, because of lack of
the local resource, the bark of Naramamidi” (Kodirekkala 2015).

12.7.4 Modern Health Care


Tribal people are also relying on modern medical practices, as supplementary or
alternative medicine. The importance of modern health care is being understood due to
several reasons. These include changing ecological conditions, new beliefs and
behaviours, new health problems in tribal areas, increasing awareness about modern
health care, and availability and accessibility of modern health facilities. Tribals are
seeking modern medicine and health care particularly for some health problems, as
they don’t get other effective remedies for them.
Despite the need and increasing reliance on modern medicine, tribals experience poor
access to modern medicine and health care facilities due to various reasons. Their
problems can be understood from the following case.

12.7.5 Case: Sixteen People in a Tribal Village Died due to


Water Contamination
It was reported that sixteen people in Chaparai, a remote tribal village died in 2-3
weeks from 29 May to 21 June 2017. The causes for these deaths were variedly
reported. But, water contamination and related outbreak, was believed to be the main
reason. The information on the deaths came to light quite late (about 3 weeks later, on
24 June 2017) due to remoteness of the village. The village is located in Boddagandi
169
Problems, Development Panchayat of Y. Ramavarammandal in East Godavari district of Andhra Pradesh. It is
Programme and
Constitutional Safeguards a medium size (tribal) village. As per 2011 Census, the village has a total of 71 families
with a population of 329. It has lower literacy rate of 19.84% compared to 67.02% of
Andhra Pradesh. It was not connected either by an approach road or telephone
communication. People depended on hill stream water for drinking, and ethnomedicine
for health. There was no community health worker (CHW) or ASHA (Accredited
Social Health Activist) worker at the village. Modern health care facilities are not easily
accessible as they are located far away from the village (Reddem 2019).
The above case also reveals the gap between traditional medical system and modern
health care. The former was ineffective and the latter was inaccessible in this case. So,
a dilemma also exists between the traditional and modern medicine due to their limitations
in tribal areas.

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.

12.9 IMPACT OF TRIBAL PROBLEMS ON THEIR


SOCIAL, CULTURAL, ECONOMIC, AND
POLITICAL ASPECTS
The tribal problems have a significant impact on their social, cultural, economic, and
political aspects. They are discussed below.
Migration: Tribal migration causes changes in tribal culture/ traditions, new/ modern
culture overtime, and crisis/ loss of identity, as it is particularly evident among the tea
tribes of Assam. It also leads to tribal exploitation in economic aspects and sexual
abuse at their new workplaces. Tribals at distant places experience a sense of deprivation
and suppression. They face various problems in their children’s education. Their children
discontinue schooling in a majority of the cases. In some cases, the children are left
with their relatives at native places for schooling. The parents who want to send their
children to school at the workplace might also face difficulties due to non-availability
or distance of a school, cost of schooling, etc.
Liquor Consumption: The liquor consumption problem has both positive and negative
impacts, mainly depending on the type of drink and level of consumption. Consumption
of traditional beverages has cultural, social, and religious significance. Such beverages
are consumed in the family, kin group, or community. They are mainly taken during
festive and ritual occasions such as annual festivals, marriages, death rituals, puberty
ceremonies, and certain community gatherings. The traditional beverages are also
reported to have invigorating effects and some nutritional value.
However, certain political and economic factors have forced the tribals to depend on
and consume distilled liquors, irrespective of their traditional, local, social, and ceremonial
conditions and needs. The sale and consumption of liquor, which is either supplied
from outside or distilled locally by a few people in some areas, is a significant issue in
tribal areas today. They disrupt family relations, cause domestic violence, economic
hardships, social disturbances, and other miseries. The liquor suppliers from outside
may also cause some undesirable effects, particularly among the youth in tribal areas.
Development induced Displacement: Displacement by development projects affects
people in the following ways: dispossess own/ ancestral houses, and lands and properties;
forcefully leave their ancestral/ native homes, lands, and places/ villages of living; lose
access to natural or common property resources; loss of jobs, livelihoods, and food
security; loss of access to community or public services such as health clinics and
educational facilities; social disintegration and marginalisation; increased morbidity and
mortality; suffer from violation of human rights such as unfair compensation and arbitrary
arrest; psychological trauma; and various other adverse impacts (social and cultural
problems) at the new locations.
Resettlement and Rehabilitation: The displaced people face many problems of
rehabilitation and resettlement at new locations. They include various forms of deprivation
of lands, assets, livelihoods, and resources; social and cultural consequences; and
several other adverse impacts. The displaced families are entitled to get proper
resettlement and rehabilitation benefits at the family and the village level to restore their
171
Problems, Development economic and socio-cultural base and infrastructural facilities. However, they are largely
Programme and
Constitutional Safeguards violated in the majority of the projects.
Alienation of Land: The alienation of land in tribal areas causes the tribal people to
lose their lands including the ownership and control over their lands.
Indebtedness and Debt-bondage: Tribals become victims of dishonest and
unscrupulous methods of money lenders. The amounts they borrow at extortionate
rates of interest snowball into a sum that is difficult to repay. Such debt would pass on
from father to son to grandson as a continual process. So, it is stated that the tribals
once in debt are always in debt. Indebtedness often leads to debt-bondage or bonded
labour situations making the tribals bonded labourers of moneylenders on their own
lands. Since such bonded labourers get very little or no pay/ money, debt repayment
and ending bonded labour might not happen soon. The person is trapped into working
for an extended period (months, years, and generations).
Health: The health of tribes affects and is affected by social, cultural, economic, political,
and psychological aspects. The interplay of various factors influences the poor health
status of tribes. They include 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, illiteracy, ignorance of causes of diseases, and living
in remote and isolated terrains. The above factors can be classified into cultural,
economic, educational, geographic, demographic, and political aspects. Such factors,
in turn, influence tribal health-seeking behaviour. Tribal health status also affects their
socio-economic levels, such as educational attainments, work participation rate,
occupational status, and income/ wealth.
Employment: Tribals face problems of unemployment, which affect them in various
ways. The educated tribal youth, based on their educational qualifications, are looking
for skilled and secure job opportunities in the public or private sectors. Some of them
are moving towards urban and industrial areas to take up new jobs there. The
unemployed educated youth/ adult generation affects the views of the younger generation
towards education.
In addition to the above, various other problems of industrialisation, forest policies,
etc. have affected the tribal population.

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.

12.12 ANSWERS TO CHECK YOUR PROGRESS


1) The causes of migration can be classified into two broad categories. These are
pushed-out factors, and pulled into factors. Refer to Sub-section 12.1.3.
2) There are two main types of traditional beverages in tribal areas. They are natural
beverages like toddy, and fermented beverages like Handia. Refer to Sub-section
12.2.1
3) They are traditional beverages, and distilled liquors. Traditional beverages are
mainly of two types: a) natural beverages, and b) fermented beverages. Distilled
liquors are mainly two types: a) arrak or country liquor, and b) Indian-made foreign
liquor. Refer to Section 12.2.
4) Agents of exploitation. Refer to Sub-section 12.2.2.
5) There are 11 potential risks identified in displacement by Michael Cernea and
others. Refer to Sub-section 12.3.1.
6) There are two main types: 1) Alienation of land by non-tribals, 2) Alienation of
land by development projects in the tribal region. Refer to Section 12.5.

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.

13.1 STATUS OF TRIBAL WOMEN


The well-being of any community largely depends upon the status enjoyed by its women.
In simple words, the term ‘status’ can be defined as a collection of rights and duties. A

*Contributor: Dr. Kalyani Sahal, Adoc Assistant Professor, Department of Anthropology,


176 University of Hyderabad, Gachi Bowli, Hyderabad
status is assigned to an individual depending upon one’s sex, age, marriage or birth into Problems of Tribal Women*
a particular family or society, and roles are learned on the basis of either current or
anticipated status (Lalhmingpuii and Namchoom, 2014). The ‘status of women’ is
defined by United Nations (1975) as “conjunction of position a woman occupies as a
worker, student, wife, mother....of the power and prestige attached to these positions
and of the right and duties she is expected to exercise” (cited in Bhasin, 2007). It is
important to note that “to what extent, do women compared with men, have access to
knowledge, economic resources and political power and to what degree of personal
autonomy do these resources permit the process of decision making and choices at
crucial points in lifecycle” (ibid).
There is a general belief that the tribal women enjoy better status as compared to their
counterparts in the larger Indian society. The general perception is that tribal women
enjoy higher status. Studies like Furer-Haimendorf (1943), and Hutton (1921) reported
high social status of tribal women among Chenchus of Andhra Pradesh, Nagas and
Garos of North-East India.
However studies conducted later on reflect the poor status of tribal women in Indian
context (Mehrotra, 2004; Singh, Vyas and Mann, 1988; Mann, 1987). These studies
point towards the existence of gender inequality in tribal societies as women are
discriminated and subjugated under patriarchal values. Several taboos exist in tribal
communities that reflect the low and impure status of women. For example Toda and
Kota women in Southern India are not permitted to cross the threshold of their temples
(Singh and Rajyalakshmi, 1993). There are taboos to forbid the tribal women to touch
the plough in Oraon and Kharia (ibid). Tribal women do not enjoy the property rights.
There are many studies focusing on tribal communities in India but there exists a gap
when we specifically look at the studies focusing on condition of tribal women. Singh
(1988) highlighted the need for conducting region-specific micro tribal studies in order
to better understand the problems of women belonging to a particular tribe. This is
required to properly formulate and implement specific development plans for the tribal
women. The situation of women differs from tribe to tribe but it can be understood
from the above discussion that they do not enjoy higher status as believed by many
outsiders. Basu (1993) pointed out that status of women is described in terms of level
of various indicators like education, employment, health and nutrition. We are going to
learn about these in the following sections of 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.

13.2 HEALTH AND NUTRITION


Health is a state of physical, mental and social well being. It is a function of not only
medical care but overall integrated social, cultural, economic and educational
development. Basu (1993) pointed out that good health and good society go hand in
hand. Maternal and child health (MCH) care is an important dimension of health
seeking behaviour of tribal women. However MCH services are almost non-existent
177
Problems, Development in tribal areas. Child mortality rates are also comparatively high in tribal communities in
Programme and
Constitutional Safeguards India. Multiple reasons like “early marriage, successive pregnancies with low calorie
of food intake and inaccessibility of medical facilities” result into high maternal and
child mortality rates (Reddy, 2008). Basu (1990) pointed out that early marriage,
successive pregnancies and continuous lactation leads to ‘maternal depletion’ in tribal
women culminating in anaemia, malnutrition and other related health conditions.
Access to government formal institutions for pre-natal, peri-natal and post-natal health
care is very limited for tribal women. Reddy (2004) reported high incidences of sororate
practice among Konda Reddi due to high maternal mortality rates. The rate of institutional
delivery is also lowest among tribal women with 27% tribal women preferring to deliver
at home. This could be due to factors like “unfriendly behaviour of health care workers,
language gap and lack of trust in the modern medical system” (Reddy, 2008: 4). Studies
indicate higher maternal mortality rates among tribals (like Kharia, Gond, Santhal and
Kondh) due to prevalence of “crude” birth practices (Reddy, 2008). The main cause
of maternal mortality are crude birth practices that lead to anaemia, haemorrhage,
obstructed labour and in some cases ruptured uterus (Basu, 1990).
Tribal women and children are vulnerable sections of Indian population in terms of
malnutrition and under-nutrition. There is lack of awareness about health, sanitation
and hygiene and nutrition knowledge among the tribals. Nutritional anaemia is an acute
problem prevalent in tribal women. National Family Health Survey-3 data shows that
65% of tribal women (in the age-group 15-49 years) suffer from anaemia as compared
to 46.9% other women. As a woman plays an important role in preparation and serving
of food to all the family members, it is necessary to focus on providing her the nutritional
knowledge (Singh and Samal, 2016). It should be well suited and in accordance with
the local food habits and availability of food resources keeping in mind the socio-
economic conditions of tribals.

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”.

Check Your Progress


1) What are the reasons for high maternal mortality rates among tribal women?
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................

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)

Sl. Year Total ST ST Male ST Female


No. Population
1. 1961 28.3 8.53 13.83 3.16
2. 1971 34.45 11.30 17.63 4.85
3. 1981 43.57 16.35 24.52 8.05
4. 1991 52.21 29.60 40.65 18.19
5. 2001 64.84 47.10 59.17 34.76
6. 2011 72.99 58.96 68.53 49.35
Source: https://tribal.nic.in/downloads/Statistics/StatisticalProfileofSTs2013.pdf
As per the Census 2011 data, the overall literacy rate is 72.99 but for the Schedule
Tribes the literacy rate is 58.96. If we consider the overall literacy rate from 1961 to
2011, there has been a considerable increase in the literacy rate of tribals i.e. from
8.53 % to 58.96 %. The literacy rate for women increased from 3.16 to 49.35 % in
the same period. But the gender gap in education among tribal population is considerable.
According to 2011 data, Female literacy rate among tribes is only 49.35% as compared
to male literacy rate of 68.53%.
The drop-out rates for tribal girls are much higher as compared to general population
especially in rural areas. There have been various reasons that can be attributed to the
phenomenon of high drop-out rate of tribal girls. The following external reasons are
used to explain the high drop-out rate of tribal girls (Mohapatra, 2020):
 Location of school is very far.
 Lack of separate functional toilets for girls.
 Lack of security at school premise.
 Lack of female teachers in school.
 Lack of relevant curriculum in their local language.
There are internal reasons too that contribute to high drop-out rate of tribal girls:
 Lack of parental understanding to realise the importance of education for girl
child.
 Lack of interest in studies.
 Societal pressure for early girl child marriage.
 Requirement of girl child for domestic work and child rearing work. 179
Problems, Development It is required that parents are sensitised and trained to realise the importance of education
Programme and
Constitutional Safeguards for the well being and over all development of their girl children. At the same time girls
should be motivated to attain the education by sharing the inspirational success stories
of tribal role models, career counselling, etc.

BOX 3
Literacy Rate
Literacy rate (LR) is defined as percentage of literates among the population aged
7 years and above.

13.4 ROLE OF WOMEN IN TRIBAL ECONOMY


Economic roles are divided on the basis of sex across the world. This division is
strengthened by the various taboos and rules in the societies. The tribes in India are at
different levels of economic development and women play a significant role in all the
tribal economies. Before discussing about the problems of tribal women with respect
to economy, it is important to discuss a little about the economy of tribes in India.
Considering the diversity of tribal communities, there exist remarkable differences as
far as the sources of livelihood and economy is concerned. Tribal economy exhibits a
range of diverse activities. Today some of the tribal communities rely on food gathering
and hunting while some others are engaged in settled cultivation. Market forces and
industrialisation have impacted the economy of tribes in a significant way. Many tribes
earn their living by working in industries and factories. On the basis of dominant
economic activities, tribes of India can be classified into following seven categories:
i) Food gatherer and hunter
ii) Shifting cultivator
iii) Cultivator
iv) Pastoralist
v) Artisan
vi) Industrial labourer
vii) White colour jobs
Most of the tribes are dependent on their ecosystem like forests, rivers, mountains and
in turn conserve and protect those (Reddy, 2008). In hunting and food gathering
societies, hunting is usually considered men’s activity while gathering of edible roots,
tubers and fruits is associated with work of women. They are entrusted with the
responsibilities of meal preparation, taking care of the children and elderly and managing
the other household affairs. Forest based tribal economy is women centered across
the world. Much of the work related to collection of minor forest produce (MFP) like
fruits, flowers, herbs, roots is done by women. These MFP also have medicinal
properties and are used as medicines in the tribes. In societies characterised by the
agriculture economy, women become the main contributor as they do the agricultural
work along with the household work while their men are engaged in agricultural work
alone.
180
Women play an important role in tribal economy today and in some families they are Problems of Tribal Women*
the only bread earners who manage the dual responsibility of working in the public
as well as private sphere. Despite their tremendous contribution to the economic
activities they are not given their due credit and their work is more often considered
as menial work. It can be said that status of women is not equal to that of men even
though they contribute significantly and in some cases more than men in the economic
activities.
Check Your Progress
2) How do the tribal women contribute in a forest based economy?
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................

13.5 AGRICULTURE AND EMPLOYMENT


Tribal women play an important role in agriculture as they are involved in almost all the
activities related to it. Modern agricultural technology is almost unknown to Indian
tribes and they are mostly engaged in subsistence farming based on shifting cultivation
(Shamna et al, 2018). The nature and extent of participation of women varies with the
family land-holdings. Their roles vary from managers to landless labourers (Kumar et
al, 1985). According to Mohanta (2017) tribal farm women play a significant role in
agriculture on small and medium sized farms. They are engaged in almost 90 per cent
of the farm activities especially in the rural areas where men migrate to urban centers in
search of better and secured employment opportunities. Various studies have shown
high participation of women in agricultural activities (Dhruw et al, 2020; Mythili, 2019;
Kalyani et al. 2011).

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

Government Scheme for Tribal Women Empowerment

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

13.8 SUGGESTED READINGS


Chaudhary, S.N. (Ed.). (2015). Tribal Women: Yesterday, Today and Tomorrow.
Jaipur: Rawat Publications.
Shah, G., Sujatha, K., & Thorat, S. (2020). Educational Status of Scheduled tribes:
Attainment and Challenges. Jaipur: Rawat Publications.
Sharma, S.P., & Mittal, A.C. (Eds.). (1998) Tribal Women in India: Tradition and
Modernity of Tribal Women. New Delhi: Radha Publications.

13.9 ANSWERS TO CHECK YOUR PROGESS


1) Multiple reasons like early marriage, successive pregnancies with low calorie of
food intake and inaccessibility of medical facilities result into high maternal mortality
rates in tribal societies. Refer to Section 13.2.
2) Much of the work in forest based economy is performed by tribal women wherein
the collection, storage and processing of minor forest produce (MFP) like fruits,
flowers, herbs, roots is done by them. Refer to Section 13.4.
3) 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 employment. Refer to Section 13.5.

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:

 learn about the foundation of tribal culture;

 know about the constitutional provisions and safeguards;

 explore the constitutional role to preserve and conserve tribal culture; and

 learn about the various welfare programmes for tribal people.

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.
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................

14.2 CONSTITUTIONAL SAFEGUARDS


Verma (2017) opined that the main causes of backwardness of tribal people are illiteracy
and exploitation. Tribal people continue to be victims of exploitation by government
and other agencies. Hence, Constitution guarantees various safeguards for protection
and development of tribal people. An attempt is made below to explain briefly about
different safeguards for the interests of the tribal people.
1) Educational and Cultural Safeguards
These safeguards succinctly include following articles:
Article 15 (4) provides for promotion of social, economic and educational interests
of the weaker sections of Indian society including Scheduled Tribes. This article
empowers the state to make any special provision for the advancement of socially
and educationally backward classes (SEBCs) especially belonging to Scheduled
Caste (SC) and Scheduled Tribe (ST) citizens of India.
Article 29 provides for the protection of educational and cultural interests of the
people belonging to SCs and STs. Further, Clause 2 of this Article is controlled by
the Clause 4 of Article 15, which is incorporated in the Constitution by the First
Amendment Act, 1951. Thus, according to Article 29 people belonging to any
cultural or linguistic minority have the right to conserve their language or culture.
This Article, thus, provides a protection to STs to preserve their languages, dialects,
and cultures. The State would not by law enforce on them any other culture or
language.
Article 46 ensures for the people belonging to SCs and STs that the State shall
promote, with special care, the educational and economic interests of the weaker
sections of the people. The Article shall protect SCs and STs from social injustice
and all forms of exploitation (Ramdas, 2021: 5). This Article is a Directive Principle.
Hence, it does not confer any justifiable right. The Directive Principles lay down
the policy guidelines on which the State should work under the Constitution.
Article 350 ensures that people belonging to SCs and STs shall have the right to
conserve distinct language, script or culture. This Article also provides for
instructions in one’s mother tongue. Further, every person shall be entitled to submit
a representation for the redressal of their grievances to any authority of state in any
188 of the languages used in the state of India.
2) Social Safeguard Constitutional Provision and
Safeguard*
These safeguards are briefly explained below:
Article 23- Prohibition of traffic in human beings and beggary and other similar
forms of forced labour. This is a very significant safeguard as far as STs are concerned
as many of them are victims of bonded labour in India.
Article 24- Prohibits employment of Children in factories and other harmful
industries. According to this article no child below the age of fourteen years shall
be employed to work in any factory or mining industries or engaged in any other
hazardous employment.
Article 25- provides for freedom of conscience and free profession, practice and
propagation of religion. Subject to public order, morality and health, all persons
are equally entitled to freedom of conscience and the right to freely profess,
propagate and practice religion.
3) Economic Safeguards
Provisions relating to economic development of Scheduled Tribes are mainly
contained in Articles 275 and 339.
Article 275 of the constitution provides for the assistance of the states for the
implementation of the provisions of the constitution. The article also provides
Grants-in-Aid to specified States (STs & SAs) covered under Fifth and Sixth
Schedules of the Constitution.
Article 339 lays down that the executive power of the Union government extends
to the giving of directions to a state as to the drawing up and execution of schemes
specified in the direction to be essential for the welfare of the scheduled tribes in
the state. However, it is observed that despite poor performance by state governments
the powers vested in the Union government under Article 244 and 339 have not
been utilised and no directive has been issued so far (Verma, 2017: 101)
Scheduled Areas
Article 244 Clause(1) Provisions of Fifth Schedule shall apply to the administration
& control of the Scheduled Areas and Scheduled Tribes in any State other than
the states of Assam, Meghalaya, Mizoram and Tripura which are covered under
Sixth Schedule, under Clause (2) of this Article.
4) Political Safeguards
Provisions relating to political safeguards are mainly contained in the Articles 164,
332, 334, 243D, 243T, 371A, 371B, 371C, 371F, 371G, and 371H.
Article 164 provides for a Minister-in-charge of tribal welfare in the state of
Jharkhand, Odisha, Chhattisgarh and Madhya Pradesh, where states have
substantial tribal population. Special provision of a Minister looking after tribal
welfare is an evidence of the concern of the framers of the Constitution for
safeguarding the interests of STs.
Articles 243D, 243T, 330, 332, provide for reservation of seats in Panchayats,
Municipalities, House of People, and State Legislative Assemblies. Seats shall be
reserved for SCs and STs in the Panchayats (Article 243D) and Municipalities
(Article 243T). 189
Problems, Development Article 330 provides reservation of seats for SCs and STs in the House of People
Programme and
Constitutional Safeguards i.e. Lok Sabha. Article 332 provides reservation of seats for SCs and STs in the
Legislative Assemblies.
Provisions made under Articles 371A, 371B, 371C, 371F, 371G, 371H are in
respect of states of Nagaland, Assam, Manipur, Sikkim, Mizoram, and Arunachal
Pradesh respectively.
Article 338A provide for a National Commission to safeguard the interests of the
Scheduled Tribes. The Commission shall be appointed by the President of India.
It shall be the duty of the Commission to investigate all matters relating to the
safeguards provided for the STs under the Constitution of India. It shall report to
the President upon the working of those safeguards at such intervals as the President
may direct. The President shall cause all such reports to be laid before each House
of Parliament.
Article 339 (1) provides that the President may, at any time and shall, at the
expiration of 10 years from the commencement of the Constitution, appoint a
Commission to report on the administration of Scheduled Areas and the welfare
of the STs in the states. So far, only one such Commission, Scheduled Areas and
Scheduled Tribes Commission, was appointed on 28th April 1960 and it submitted
its Report in October 1961.
5) Service Safeguards
Provisions related to service safeguards are contained in the Articles 16(4), 16(4A),
16(4B), 335, and 320(4).
Article 16(4) provides for reservation in posts and services. This provision is
another exception to the right of equality of opportunity in the matters of public
employment laid down in clauses 1 and 2 of Article 16.
Clause (4) of Article 16 only permits reservation for backward classes of citizens,
who are not, in the opinion of the State, adequately represented in the services of
the State. This clause empowers the State to reserve appointments or posts in
favour of any backward class of citizens in the services under it.
Articles 15(4) and 16(4) have provisions of safeguarding the interests of backward
classes. While Article 15(4) enables the State to offer protective discrimination to
the backward classes in all its dealings, Article 16(4) specially provides for protective
discrimination in the matter of employment in the services under the State. Article
15(4), would govern the other matters, such as admission to the State educational
institutions.
Article 335 provides that the claims of the members of SCs and STs as regards
appointments in services under the Union and the States shall be taken into
consideration “consistently with the maintenance of efficiency of the administration”.
However, there is no such limitation in Article 16(4). That makes it evident that the
Court cannot interfere with any particular reservation or the quantum of aggregate
reservation in a State on the ground that it is not consistent with the efficiency of
the administration. Though the State cannot reserve unreasonable percentage of
the posts for the backward classes, a member of a backward class can be appointed
to non-reserved posts if found eligible by merit after such competition.
190
Check Your Progress Constitutional Provision and
Safeguard*
2) Briefly discuss about the various Constitutional safeguards of Scheduled Tribes.
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................
3) Briefly discuss about the political safeguards with related Articles.
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................

14.3 CONSTITUTIONAL ROLE TO PRESERVE AND


CONSERVE TRIBAL CULTURE
Article 51 A (F) provides that it shall be the duty of every citizen of India to value and
preserve the rich heritage of our composite culture. Accordingly, few acts came into
effect in order to preserve and conserve our culture. The Ancient Monuments and
Archaeological Sites and Remains Act of 1958 came into force with effect from 29th
August 1958. According to the Act, ancient and historical monuments, sculpture carvings
and other like objects, archaeological sites and remains are protected and preserved.
Archaeological excavations are regulated by the Government of India and these
excavations are of National importance and value in order to preserve and conserve
our culture. The Antiquities and Art Treasures Act of 1972 came into force with effect
from 9th September 1972. According to the Act, export trade in antiquities and art
treasures is regulated by the government. Smuggling and fraudulent dealings in antiquities,
art treasures and ancient monuments are prevented according to this Act.

14.4 WELFARE PROGRAMMES


Government of India initiated a number of welfare programmes for the benefit of
Scheduled Tribes of India. Ministry of Tribal Affairs (MoTA) launched many schemes
which are demand- driven and funding is made in various sectors including for
employment-cum-income generation. It covers activities such as establishment of agro-
forestry and nature resource based micro village industries through training of tribal
cooperatives, self help groups, and individual entrepreneurs, promotion and skill
development in traditional tribal culture areas like tribal jewellery, painting, dance forms,
music and culinary art, village tourism and eco-tourism, etc.
The scheme of Mechanism for Marketing of Minor Forest Produce (MFP) through
minimum support price (MSP) and development of value chain for MFP covers various
activities including procurement of MFPs when their marker price falls below their
notified MSP, setting up or expansion of storage facilities, expanding the knowledge
base, training for sustainable collection, value addition, etc. The activities involving 191
Problems, Development expanding of knowledge base, training for sustainable collection, value addition, etc.
Programme and
Constitutional Safeguards are done by the Ministry and the Central Government bears 100% of the expenditure
incurred for these activities. The Ministry initiated the scheme and named it as “Van
Dhan Vikas Karyakram”. It is a training and development of value chain components
of the scheme of mechanism for marketing of MFP through MSP and development of
value chain for MFP.
Ministry is also implementing various other programmes for overall development of
Scheduled Tribes in India. They are Pre Matric Scholarship Scheme for ST students,
Post Matric Scholarship Scheme for ST Students, National Overseas Scholarship for
ST Students for studying in abroad universities, National Fellowship and Scholarship
for Higher Education of ST Students, Grants-in-aid to Voluntary Organisations working
for the welfare of STs, Strengthening Education among ST Girls in Low Literacy Districts,
Development of Particularly Vulnerable Tribal Groups, Special Central Assistance to
Tribal sub-schemes, and Grants-in-aid to Tribal Research Institutes, etc.
Check Your Progress
4) Briefly discuss about the various welfare programmes of Scheduled Tribes.
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................

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.
192
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.
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................

14.6 RESERVATION POLICY


Reservation is considered as a step to affirm the communities such as STs in order to
bring them from the clutches of backwardness and economic exploitation. Reservation
is a well-conceived measure to deal with all forms of discrimination in society. Dr. B.R.
Ambedkar in his deliberations in the Constituent Assembly referred to the concept of
equality of opportunity in public employment, as embodied in Article 10 of Draft
constitution, which finally emerged as Article 16 of the Constitution. He stated that
“we have to safeguard two things, namely, the principle of equality and at the same
time satisfy the demand of communities which have not had so far representation in the
state” (cited in Verma, 2017: 108-109).
Many of the social scientists have argued that reservation is not an end in itself. It is a
means to secure social integration by elimination of discrimination and inequality. The
Constitution of India, keeping in view the existence of wide spread inequalities among
the social groups has made provisions for reservation in public employment in favour
of SCs, STs, and other socially and economically backward classes (SEBCs).
Check Your Progress
6) Write a short essay on reservation policy of Scheduled Tribes.
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................

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.

14.9 ANSWERS TO CHECK YOUR PROGRESS


1) Refer to Section 14.1
2) Refer to Section 14.2
3) Refer to Section 14.2
4) Refer to Section 14.4
5) Refer to Section 14.5
6) Refer to Section 14.6

194

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