There have been debates going on as to the ‘space’ for Indigenous People in the Constitution of India which in-fact not only recognizes them as distinct ‘people’ but also facilitates the formation of a steel framed system to protect the Socio-Political-Economic & Cultural Rights of Indigenous people in India. The debate is further highlighted by thoughts of Abeni Yanthan reflected in this article.
Constitution of India and the Rights of Indigenous People: Views and Observations
“Indigenous and tribal people” is a common denominator for more than 370 million people, found in more than 70 countries worldwide. Indigenous people are inheritors and practitioners of unique cultures and ways of relating to people and the environment. They have retained social, cultural, economic and political characteristics that are distinct from those of the dominant societies in which they live. Despite their cultural differences, indigenous people from around the world share common problems related to the protection of their rights as distinct people.
In India, 705 ethnic groups are recognised as Scheduled Tribes and they are India’s indigenous people. Although there are several ethnic groups that are also considered Scheduled Tribes, but, they are not officially recognized. India has several laws and constitutional provisions, such as the Fifth Schedule for Central India and the Sixth List for certain areas of northeastern India that recognize the rights of indigenous people to land and self-government.
India has several constitutional provisions which exclusively recognise indigenous people and their rights which are as follows:
- Protection of Economic and Political Rights: To protect the economic rights of the indigenous people we have Article 244 which deals with the administration of the Scheduled Area and Tribal Area. Article 275 also empowers parliament to make special grants given to the state which undertakes the scheme of development for the purpose of promoting the welfare of Scheduled Tribes. To protect the political rights of the Tribal we have Article 244, 243, A330, A334, 371 (special provisions in respect of Northeast States & Sikkim). A164 (1) empowers the state to establish a special ministry for the scheduled tribes in the state like Chandigarh, Madhya Pradesh and Orissa. We also have Fifth and Sixth Schedule which ensures proper control and administration of Scheduled Tribes and their areas.
- Educational & Cultural Safeguards: Art. 15(4) provides for Special provisions for advancement of other backward classes (it includes STs), Art. 29 Protects Interests of Minorities (it includes STs) Under Art. 46 the State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes, and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation, Art. 350 provides for a Right to conserve distinct Language, Script or Culture whereas Art. 350A provides for facilities for Instruction in Mother Tongue at primary stage.
- Social Safeguards: Art. 23 Prohibits traffic in human beings and beggars and other similar forms of forced labour; Art. 24 Forbids Child Labour. Moreover, Art 15 laid down provisions for the promotion of social, economic and educational interests of the Scheduled Tribes and Art. 19 (5) imposes special restrictions on owning property by non-tribals in tribal areas.
- National Commission for Scheduled Tribe: This commission was formed through the Constitution (89th Amendment) Act, 2003. It comprises Vice-Chairperson and three full-time Members (including one female Member). The term of all the Members of the Commission is three years from the date of assumption of charge. The duty of this commission is to inquire into complaints with respect to deprivation of their rights and also to safeguard them. They also monitor all their matters under the constitution or any other law. The commission also takes part in advising in the development of ST’s and also to evaluate their development progress.
- Various Acts for their protection: Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is to protect them from any discrimination and from any kinds of torture. The Scheduled Tribe’s Bonded Labour Abolition Act, 1976 is to protect them from bonded labour and other practices where lesser money is given to them for their work. We also have the Forest Conservation Act, 1980 to protect and conserve the forest resources as these tribes are dependent on them.
India has consistently favoured the promotion and protection of indigenous peoples’ rights. With Constitution of India, The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA (PESA Act that was in enacted on December 24, 1996 to enable tribal self rule), the Tribal Panchsheel Principles (1958) of India’s first Prime Minister Jawaharlal Nehru and all other legal safeguards as mentioned before; guarantee protection to indigenous people.
In February 2004 the Supreme Courts decided that the Scheduled castes and Scheduled Tribes (Preventions of Atrocities) Act of 1989 still applied to crime victims from scheduled tribes and castes, even if they had converted to another religion. The decision was in response to an appeal of a Kerala High Court decision, which held that because a rape victim had converted to Christianity she was no longer covered by the act.
Our brothers and sisters from Nagaland and other parts of the northeast complain about ‘Racial Discrimination’ and ‘Atrocities’ that they are often subjected to in different parts of India however, they should be made well aware that they have a special weapon like “SC/ST (Prevention of Atrocities) Act of 1989 to protect themselves. The Constitution and the legal system of India have so much to offer but only to those who are aware of their rights. Art 32 which gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’ and ‘threatened’. The apex court is given the authority to issue directions or orders for the execution of any of the rights bestowed by the constitution as it is considered ‘the protector and guarantor of Fundamental Rights’. The indigenous people of India including a Naga student like myself must understand and realize the ‘Power’ that this democratic nation has bestowed in hands of all of us.
Degree of Thought is a weekly community column initiated by Tetso College in partnership with The Morung Express. Degree of Thought will delve into the social, cultural, political and educational issues around us. The views expressed here do not reflect the opinion of the institution. Tetso College is a NAAC Accredited UGC recognised Commerce and Arts College. The editors are Dr Hewasa Lorin, Dr. Aniruddha Babar, Dr. Pfokrelo Kapesa, Rinsit B Sareo, Meren Lemtur and Kvulo Lorin.
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