Subject: Indian Society

Major Constitutional and Legal Safeguards Against Tribal Discrimination

The Constitution of India enshrines special provisions for the protection and upliftment of Scheduled Tribes, recognizing their historical marginalization and unique socio-cultural identity. Since independence, two significant legal initiatives have been instrumental in addressing discrimination against tribal communities, which constitute 8.6% of India's population.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

• The PoA Act serves as a comprehensive legislation aimed at preventing atrocities and ensuring social justice for tribal communities through:

• Stringent Penalties: Enhanced punishment for offenses committed against STs.
• Special Courts: Establishment of exclusive courts for speedy trials.
• 2018 Amendment: Strengthened the Act by:
  • Removing requirement for preliminary inquiry before FIR registration.
  • Eliminating provision for anticipatory bail.
  • Mandating investigation completion within 60 days.

Constitutional Schedules (Fifth and Sixth)

• The Fifth Schedule provides protection to tribal populations in nine states through:

• Creation of Tribal Advisory Councils.
• Governor's special responsibility for tribal welfare.
• Protection of tribal land rights and resources.

• The Sixth Schedule specifically addresses tribal areas in Northeast India:

• Establishes Autonomous District Councils in Assam, Meghalaya, Tripura, and Mizoram.
• Grants autonomy in cultural, economic, and administrative matters.
• Protects customary laws and traditional practices.

These legal initiatives are supplemented by Article 275, which provides special grants-in-aid to states for tribal development programs and raising administration levels in Scheduled Areas.

The convergence of these two major legal initiatives has created a robust framework for protecting tribal rights and addressing discrimination, though challenges in implementation persist. The success of Tribal Sub-Plan and establishment of National Commission for Scheduled Tribes further strengthen these constitutional safeguards.