Unit-5 Tribes and Politics Notes | BA Hons Political Science Semester 5
- Krati Sahu
- Dec 24, 2024
- 7 min read
Introduction
Tribes in India, often referred to as indigenous people, Adivasis, or Vanavasis, have distinct languages, customs, and traditions. They have historically maintained a deep connection with nature and have often been marginalized in the socio-political landscape. Their journey through Indian politics reflects the impact of historical injustices, modern challenges like industrialization and urbanization, and ongoing efforts for recognition and empowerment.
Nature and Culture of Tribes
Connection with Nature: Tribes see nature as a living entity and part of their cultural and spiritual existence. Their traditional knowledge systems reflect a deep understanding of sustainable living practices.
Shift Cultivation: Tribes practice shifting cultivation, a method that allows land to regenerate by rotating fields, showing a respect for environmental renewal and sustainable land management.
Cultural Diversity: Tribes in India exhibit rich diversity, with each community having its own languages, rituals, and social structures.
Community Land Ownership: The tribes maintain a collective sense of responsibility toward their land, with egalitarian social systems where decisions are often made by consensus.
Oral Tradition: Many tribes rely on oral traditions to preserve their cultural heritage and pass down knowledge and rituals, with few having a written script.
Indigenous Governance: Tribal societies often use informal institutions and traditional leadership, with decision-making power resting with community elders or councils. These leaders mediate disputes and uphold customary laws.
Gender Equity: In many tribes, women enjoy an equal status, with some, like the Khasi and Garo tribes, having matrilineal societies where inheritance and lineage pass through women, giving them control over family property.
Despite their resilient cultural identities, tribal communities have faced threats from external influences such as industrialization, urbanization, and government policies that have disrupted their way of life and eroded their cultural practices.
Impact of Colonial Rule on Tribes
Colonial Policies: The British colonial rule significantly impacted tribal communities through policies that disrupted traditional systems and marginalized them further.
Centralized Administration: British policies undermined tribal governance, diminishing the powers of traditional tribal leaders.
Land Displacement: The introduction of land revenue systems disrupted communal land ownership, resulting in the alienation of tribal lands to outsiders.
Forest Rights and Protection Acts (1865, 1878): The British restricted tribal access to forests, crucial for their livelihood, by declaring large tracts of forest land as reserved and protected, criminalizing their customary practices.
Exploitation of Tribal Labor: Tribes were often exploited for labor in plantations, mines, and construction projects under harsh conditions, leading to cultural and economic disruption.
Criminal Tribes Act (1871): The British stigmatized tribes, labeling them as ‘criminal’ and subjecting them to surveillance, restrictions on movement, and compulsory registration.
Tribal Resistance and Revolts
Santhal Rebellion (1855-1856): A significant uprising by the Santhal tribe against exploitation by British landlords and moneylenders. Although it was suppressed, it highlighted tribal resistance to colonial policies.
Munda Rebellion (1899-1900): Led by Birsa Munda in Jharkhand, this rebellion opposed the British and the zamindari system. It became a symbol of tribal resistance and the struggle to restore tribal lands.
Bhil Revolts (1818-1831): The Bhils in western India resisted British rule, particularly against the encroachment on their lands and the imposition of taxes. The revolt, led by leaders like Tantya Bhil, was a response to the disruption of their traditional way of life.
Key Constitutional Provisions
Fifth Schedule (Article 244(1)
The Fifth Schedule applies to the administration and control of Scheduled Areas and Scheduled Tribes in India, except for the states of Assam, Meghalaya, Tripura, and Mizoram. This Schedule focuses on the governance and protection of tribal areas in the remaining states. The key features of the Fifth Schedule are:
Scheduled Areas:
The Scheduled Areas are regions with a significant tribal population. These areas are specifically identified by the President of India through a notification. The areas are usually located in parts of Madhya Pradesh, Chhattisgarh, Odisha, Maharashtra, Gujarat, Rajasthan, Andhra Pradesh, Telangana, Jharkhand, Bihar, and West Bengal.
Scheduled Areas have special administrative and legislative measures to protect tribal rights and interests.
Tribal Advisory Councils (TAC):
The Fifth Schedule provides for the establishment of a Tribal Advisory Council in each state with Scheduled Areas.
The purpose of the TAC is to advise the state government on matters related to the welfare and advancement of the Scheduled Tribes. This includes matters of social and economic development, preservation of land rights, and tribal culture.
The Governor of the state is required to consult the TAC on matters relating to the administration and control of Scheduled Areas.
Governor’s Role and Special Powers:
The Governor of a state with Scheduled Areas has special responsibilities to ensure the protection of tribal communities. The Governor is empowered to make regulations for the peace and good governance of these areas.
The Governor can issue laws that prohibit or regulate the transfer of tribal land to non-tribals to prevent exploitation and preserve tribal land rights.
Governors can also regulate business activities in Scheduled Areas to prevent the exploitation of natural resources by non-tribals.
Protection of Tribal Rights:
The Fifth Schedule aims to protect the land, culture, and autonomy of tribal communities. It provides a legal framework to safeguard against land alienation, exploitation by non-tribals, and infringement on their traditional ways of life.
Sixth Schedule (Article 244(2) and Article 275(1)
The Sixth Schedule applies to the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. The key features of the Sixth Schedule are:
Autonomous District Councils (ADCs):
The Sixth Schedule provides for the creation of Autonomous District Councils (ADCs) in these states. These councils have legislative, executive, and judicial powers, enabling them to govern the tribal areas with a degree of autonomy.
Scope of ADC Powers: ADCs are empowered to make laws on a wide range of subjects, including land management, forest use, agriculture, water resources, and village administration. This autonomy helps preserve tribal customs, traditions, and their way of life.
The District Councils are composed of members elected by the people from the tribal areas and also include appointed members who may be nominated by the Governor.
Regional Councils:
In addition to ADCs, the Sixth Schedule allows for the formation of Regional Councils in certain areas. These councils are set up to administer certain tribal regions, and their functions are similar to those of ADCs.
The creation of these councils is aimed at providing governance and protection to tribal areas that may not fall under the jurisdiction of the ADCs.
Legislative and Administrative Powers:
Legislative Powers: The Autonomous District Councils have the authority to make laws on a variety of issues that affect tribal communities. These laws can cover areas such as land use, water resources, and education.
Judicial Powers: ADCs are also empowered to establish courts to adjudicate matters concerning tribal areas, further promoting self-governance.
Executive Powers: The ADCs have the power to implement policies related to the development and welfare of the tribal areas, ensuring that their specific needs are addressed.
Land and Resource Management:
The Sixth Schedule provides for the protection of tribal lands by granting the ADCs the power to regulate land ownership and prevent non-tribals from purchasing land in tribal areas.
The councils also play an important role in managing the natural resources of these areas, ensuring that development occurs in a way that benefits the indigenous population and protects the environment.
Exemptions from Certain Laws:
Certain laws of the state legislature may not apply to the tribal areas covered under the Sixth Schedule. These include laws related to land tenure, forest management, and taxation. This exemption is intended to preserve the distinct identity of tribal communities and protect them from external interference.
Protection of Traditional Institutions:
The Sixth Schedule provides for the recognition of traditional tribal institutions, such as tribal councils and village heads, which play a crucial role in the social and political structure of tribal communities. These institutions often have significant authority over local governance, and the Sixth Schedule ensures that their power is not diminished by external forces.
Key Differences Between the Fifth and Sixth Schedules:
Fifth Schedule: Applies to all tribal areas in India, except the four northeastern states (Assam, Meghalaya, Tripura, and Mizoram). It focuses more on ensuring the protection of tribal areas through governance and special laws but does not provide as much autonomy to the tribes as the Sixth Schedule.
Sixth Schedule: Specifically applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram. It grants greater autonomy through the creation of Autonomous District Councils (ADCs), which have legislative, judicial, and administrative powers. The Sixth Schedule ensures more localized self-governance for tribal areas, making it more comprehensive in terms of autonomy and legislative powers.
Reservation and Representation: Articles 15(4), 16(4), and 46 ensure educational and employment reservations for Scheduled Tribes and protect them from exploitation. Articles 330 and 332 ensure political representation in the Lok Sabha and state assemblies.
Cultural and Educational Rights: Articles 29 and 350A protect the cultural rights of tribes, including provisions for education in tribal languages.
Protection of Lands: Articles 19(5) and provisions in the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) focus on safeguarding tribal lands and resources, along with promoting participatory governance.
Development vs. Displacement:
Need for Development: While infrastructure projects can improve standards of living by providing roads, schools, and hospitals, they often lead to the displacement of tribal communities from their ancestral lands, which are integral to their identity, livelihood, and culture.
Reality of Displacement: Displacement leads to economic challenges (loss of traditional livelihoods like farming or forest gathering) and social problems (poverty, unemployment, and the loss of social cohesion). Furthermore, compensation and rehabilitation efforts are often inadequate.
Reconciliation of Development and Displacement: The need for development should not come at the expense of tribal communities. Proper consultation with tribes, detailed social and environmental impact assessments, and fair rehabilitation efforts are essential to minimize displacement.
Challenges and Recommendations:
There is an ongoing debate over how to balance development with the protection of tribal rights and cultures. The state needs to ensure that tribal communities are included in the planning of development projects and that their concerns are addressed.
Empowerment through political representation, self-governance, and cultural preservation is key to fostering an inclusive society where tribal communities can thrive.
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