Eleanor Finch
Tribals in India are indigenous communities with distinct cultural, social, and economic characteristics. They reside in specific regions and maintain their unique traditions, customs, and languages. The Indian Constitution protects tribes by reserving seats for SCs and STs in the House of the People (Lok Sabha). It also lists specific castes and tribes eligible for special protection and benefits. To further protect tribals in India and safeguard their rights and well-being, several measures and policies need to be implemented, including social and cultural preservation and community empowerment.
| Characteristics | Values |
|---|---|
| Recognises tribes as distinct communities | Bhils, Santhals, Mundas, Khasias, Garos, Angamis, Bhutias, Chenchus, Kodabas, Great Andamanese, and Glands |
| Provides for the safeguarding of tribal rights and interests | Through various provisions |
| Defines scheduled tribes | Article 342(1) and Article 266 (25) |
| Addresses historical social and economic hardships | Reservation of seats and special representation in the Lok Sabha and state legislative assemblies |
| Recognises rights of forest-dwelling communities | The Scheduled Tribes and Other Traditional Forest Dwellers Act of 2006 (Forest Rights Act) |
| Refers to scheduled tribes in central India | Adivasis, meaning indigenous people |
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What You'll Learn
- The Indian Constitution lists specific tribes eligible for special protection and benefits
- The Constitution reserves seats for SCs and STs in the House of the People
- The federal government has a 'duty to protect' tribes
- The right to tribal sovereignty, or the power of self-government
- Measures to preserve the unique cultural heritage of tribal communities
The Indian Constitution lists specific tribes eligible for special protection and benefits
Article 342 (1) and Article 266 (25) of the Indian Constitution define scheduled castes and scheduled tribes in the state and union territories as a distinct category, subject to declaration by the president. In central India, the scheduled tribes are usually referred to as adivasis, which literally means indigenous people.
Some of the most recognised tribes include the glands, bhils, santhal, munda, khasi, garo, angami, bhutia, chenchu, kodaba and the great Andamanese tribes. Each tribe is unique and will often have its own practices, many of which differ from those of other tribes. In India, there are 705 ethnic groups officially recognised as scheduled.
The Scheduled Tribes and Other Traditional Forest Dwellers Act of 2006 (also known as the Forest Rights Act) is a landmark piece of legislation in India that recognises the rights of forest-dwelling communities to their traditional lands and resources.
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The Constitution reserves seats for SCs and STs in the House of the People
The Indian Constitution acknowledges the distinct status of tribal communities and ensures the safeguarding of their rights and interests through a variety of provisions.
Article 342(1) and Article 266 (25) of the Indian Constitution define scheduled castes and scheduled tribes in the state and union territories as a distinct category, subject to declaration by the president.
Article 334 of the Indian Constitution reserves seats and special representation for Scheduled Tribes and Other Traditional Forest Dwellers in the Lok Sabha and state legislative assemblies. This was originally intended as a temporary measure to confront the historical social and economic hardships experienced by these communities.
In central India, the scheduled tribes are usually referred to as adivasis, which means indigenous people. According to Article 15(4) of the Indian Constitution, the state retains the authority to enact special measures for the progress of socially and educationally disadvantaged groups.
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The federal government has a 'duty to protect' tribes
The federal government has a duty to protect tribes. This obligation is primarily based on treaty promises to protect tribes, and on the fact that American Indians and Alaska Natives had aboriginal claims to all land in America. Through treaties and other settlements, tribes received only small parcels of their original land base. In exchange, the federal government promised to protect tribes and provide services. This federal obligation is known as the ‘doctrine of trust responsibility’, and applies to all tribes, not just treaty tribes.
In India, tribals are indigenous communities that have distinct cultural, social, and economic characteristics. They reside in specific regions and maintain their unique traditions, customs, and languages. The Indian Constitution lists specific castes and tribes that are eligible for special protection and benefits under the Constitution. For example, Article 330 of the Constitution reserves seats for SCs and STs in the House of the People (Lok Sabha).
To protect tribals in India and safeguard their rights and well-being, several measures and policies need to be implemented. This includes social and cultural preservation, such as taking measures to preserve the unique cultural heritage of tribal communities, encouraging traditional practices and crafts, and protecting their sacred sites and cultural spaces. It also involves community empowerment, such as involving tribal communities in decision-making processes that concern their lives and resources.
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The right to tribal sovereignty, or the power of self-government
The Indian Constitution acknowledges the distinct status of tribal communities and ensures the safeguarding of their rights and interests through a variety of provisions.
Article 342(1) and Article 266 (25) of the Indian Constitution define scheduled castes and scheduled tribes in the state and union territories as a distinct category, subject to declaration by the president. In central India, the scheduled tribes are usually referred to as adivasis, which literally means indigenous people.
The Scheduled Tribes and Other Traditional Forest Dwellers Act of 2006 (also known as the Forest Rights Act) is a landmark piece of legislation in India that recognises the rights of forest-dwelling communities to their traditional lands and resources. The Act was introduced to confront the historical social and economic hardships experienced by a particular community by mandating the reservation of seats and nomination of members from these groups in the Lok Sabha and state legislative assemblies.
Article 15(4) of the Indian Constitution also states that the state retains the authority to enact special measures for the progress of socially and educationally disadvantaged groups.
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Measures to preserve the unique cultural heritage of tribal communities
The Indian Constitution acknowledges the distinct status of tribal communities and ensures the safeguarding of their rights and interests through a variety of provisions.
Article 342(1) and Article 266 (25) of the Indian Constitution define scheduled castes and scheduled tribes in the state and union territories as a distinct category, subject to declaration by the president.
The Scheduled Tribes and Other Traditional Forest Dwellers Act of 2006 (also known as the Forest Rights Act) is a landmark piece of legislation in India that recognises the rights of forest-dwelling communities to their traditional lands and resources.
In central India, the scheduled tribes are usually referred to as adivasis, which literally means indigenous people. According to Article 15(4) of the Indian Constitution, the state retains the authority to enact special measures for the progress of socially and educationally disadvantaged groups or for a scheduled tribe.
Article 334 of the Indian Constitution was introduced to confront the historical social and economic hardships experienced by a particular community by mandating the reservation of seats and nomination of members from these groups in the Lok Sabha and state legislative assemblies.
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Frequently asked questions
The Indian Constitution protects tribes by reserving seats for SCs and STs in the House of the People (Lok Sabha).
Social and cultural preservation, community empowerment and the implementation of measures and policies to protect the rights and well-being of tribes.
The 'doctrine of trust responsibility' is the federal obligation to protect tribes and provide services, in exchange for small parcels of their original land base.
The Indian Commerce Clause is a key principle of American Indian law, which recognises the inherent authority of tribes to self-govern.
The US Constitution does not apply to the activities of tribal governments, whereas the Indian Constitution does.
