CHAPTER-I

INTRODUCTION
 CHAPTER – I
INTRODUCTION

1.1 INTRODUCTION

1.1.1 An Overview of Tribes

1.1.2 Tribal Social Formation

1.1.2.1 The Criteria Followed for Specification of A Community as a Scheduled

Tribe

1.1.3 Indigenous People

1.1.4 Indigenous People in India

1.2 Significance of the Topic

1.3 Objectives of the Study

1.4 RESEARCH METHODOLOGY

1.4.1 Methodology of the Work

1.4.2 Sources of Data

1.4.3 Research Questions

1.5 RESEARCH HYPOTHESES

1.6 LIMITATIONS OF THE STUDY

1.7 LITRATURE REVIEW

1.8 SCOPE OF STUDY

 1

CHAPTER – I

INTRODUCTION

1.1 INTRODUCTION

The principle of social justice demands that the marginalized sections of the
people be given protection and preferential treatment for furthering their progress
and development. The Tribals of India constitute one such group who must be
supported and protected by the State. However, due to peculiar social and
geographical structure of India, it is found that the Tribal community have been
exploited, discriminated against, and ostracized - socially, economically and
politically from as far back as the Vedic times1. Before the independence, the Brit-
ish Government was only discussing the issues of tribal development and
practically did nothing either to face them or to solve them.

The only thing the British did was that, they kept the Tribals away from the
contact of the civilized people. The British followed their so-called “policy of
giving special protection” to the Tribals till the Government of India Act, 1935
came into force. Afterwards, though the elected provincial legislative bodies were
established, some tribal areas known as “the excluded areas” were brought under
the direct control of the British Governor.2

The British policy of separating the Tribals from the rest of the people
created suspicion in the minds of the nationalists. They severely criticized the
British policy and charged the British with preventing a large section of our
countrymen from joining the mainstream of national life. “In practice what

1
The Vedic Period (or Vedic Age) (c. 1500 – c. 500 B.C.E.) is the period in the history of India during
which the Vedas, the oldest sacred texts of Hinduism, were being composed. Based on literary evidence,
scholars place the Vedic period in the second and first millennia B.C.E. continuing up to the sixth century.
B.C.E.http://www.newworldencyclopedia.org/entry/VedicPeriod [20-10-17]
2
PranavDua,”measures for upliftment of Tribes” http://www.shareyouressays.com/essays/essay-measures-
for-the-upliftment-of-scheduled-tribes/86763 [12-9-18]
 2

happened was that the tribes were isolated and then left to stagnate, halting the
evolving process of cultural fusion.”3

Independent India has been paying due attention to the problems of the
scheduled tribes and attempts are being made to deal effectively with those
problems. The creation of an egalitarian social order with equity for all sections of
the society, free from any form of discrimination on grounds of religion, race, sex
or place of birth is the cherished goal of our nation enshrined in the Constitution.
Equity for the weaker sections of the society, therefore, is the moving spirit of the
constitutional scheme and permeates the same. The Scheduled Castes and
Scheduled Tribes Orders (Amendment) Act, 1976, listed the scheduled tribes of
each state and Union Territory. The list for Andhra Pradesh includes 33 tribes.

It all began with the decennial census after independence. Census

commissions in different states observed that certain groups of people particularly
those living in hills and forests did not fit into the general pattern of classification
based on religion and caste.

These people came to be referred to as adivasis (early inhabitants), girijanas

(mountain people), and vanavasis (forest dwellers). The indigenous people, better
known as tribal‟s were found to be characterized largely by egalitarian society,
simple economic system with minimal specialization of functions yet self-
sufficient, deep religious, cultural and emotional affections with their habitat, and
relative isolation from the rest of the world.

It is a fact that every tribal community is not classified as a scheduled tribe.

A scheduled tribe is one which has been given a place in the Schedule for the
concerned state by the President. That the President may specify the tribes or tribal
communities or parts of or groups within tribes or tribal communities which shall

3
S.C. Dube, “The Kamar”
 3

be deemed to be Scheduled Tribes in selection to that state in consultation with the

Governor of the state.4

A tribal community in different parts of the country may not be accorded

the Scheduled Tribe status. A tribal community spreads out in two or more states
may not be treated as Scheduled Tribe everywhere. Even in a single state the
social and economic condition of a particular tribal community may vary widely.

It is, therefore, possible that a community may be assigned the Scheduled

Tribe status only in limited areas of districts in a state but not everywhere. It is not
incumbent on the President to provide special status to an entire community even
within a state.

Some members of a community who start from the same base may
diversify a great deal from the parent group to an extent that they come to
comprise a distinct, identifiable group. Such groups may not be in need of special
provisions.5

1.1.1 An Overview of Tribes:

Tribals from the various segments of the weaker section are with their
traditional skills and resources. They are the most vulnerable sectors of the
population and they are exploited by the most age-old social and cultural
handicaps coupled with environmental factors. In India, out of around 700 tribal
groups it is estimated that there are 75 Primitive Tribal Groups (PTG) who are in
small numbers. 6 These groups are under threat for their survival. These PTGs
include Great Andamanese, Onge, Jarawa, Shompen, Sentinel of Andaman and
Nicobar Islands, Cholanakians, Kadars of Kerala, Kurumbas of Tamilnadu,Bondo

4
Constitution of India, Article 342.
5
. Kanu D., “Schedule tribes in India- A Comprehensive
Essay”,http://www.shareyouressays.com/essays/scheduled-tribes-in-india-comprehensive-essay/111106
6
https://www.geographyandyou.com/life/tribes/vu.lnerable-primitive-tribal-groups-india/
(10-4-2017).
 4

of Odisha, Kamara of Madhya Pradesh,Bihor of Bihar,Yenadis of Andhra Pradesh.

This group of the population is facing the survival problems, and if these
populations are not protected they are going to be extinct soon from the planet.

Indian tribes have been living between two worlds: their own tribal world
which is in transition, and the new social order which opens up vistas for their
transformation. India today displays a very high degree of social and ethnic diver-
sity. The population of India subsumes within it a multitude of caste and tribal
groups representing different stages in the social evolution of the humankind. The
social differentiation within each of these groups is no less impressive.

Broadly speaking, the contemporary Indian society may be seen as

comprising two mutually exclusive and differentiated social categories - a caste-
based social order with an implicit social hierarchy, and a tribal segment by and
large unstratified and egalitarian in both appearance and content. While centuries
of shared history have facilitated and promoted interaction between the caste-
based peasant society and the tribes, in forms which are myriad, both have
retained their intrinsic characteristics, best manifested in ethnic consciousness,
social organization and modes of production.

The tribes are far from homogeneous in cultural traits, social organization
and modes of living. Not all segments of the population of scheduled tribes have
been equally exposed to the dominant cultures of the regions in which they are
living today. Furthermore, their responses to the processes of acculturation,
modernization or initiation into the democratic polity through the electoral process
of public mobilization have been far from homogeneous. In fact, they reveal the
highly heterogeneous character of the tribal segment itself. On the theoretical
plane, it may be necessary to distinguish between the tribes as a category
perceived on the basis of a classical tribal paradigm and the scheduled tribes of the
modern Indian state. Developing the definition of a tribe according to the classical
 5

paradigm may also be necessary to remove some of the misgivings which are
likely to exist on this subject. More over because of the induction of the groups
into the schedule of the Indian Constitution creates situations which are grossly
anomalous.

1.1.2 Tribal Social Formation:

A few points may be highlighted here in order to develop some clarity on

the basic issue of definition. It may be posited that the earliest social formation
was a tribal formation. 7 The Early Humans were dependent on their immediate
surroundings. The environment offered them a variety of choices food in the form
of foliage, seeds, fruits, tubers and roots, and in the form of animals and the fish
by and large.

Their survival depended on food gathering and collection from the forest
which was by and large bountiful although food surplus dwindled with the change
of seasons. This necessitated a rhythmic movement of the food-gathering groups
from one part of the territory to the other, depending on the natural cycles of
reproduction. Recurrent scarcities of water and the forest fires also forced these
groups to remain on the move all the time.

They were organically linked to their environment and lived in complete

harmony with the Nature. The physical features of the Terrain Rivers, hill ranges
and the plateau spurs or escarpments sometimes imposed natural limits on their
movement. Gradually, their continued stay in an area resulted in their association
with it and slowly they developed a consciousness about their social domain,
however vaguely defined the domain was Incursions or even organized infiltration
into the domain of neighboring groups, often led to internecine wars, which further
reinforced the idea of a social domain with a boundary, however vaguely defined

7
Sheetal Thakur, “International Journal on Arts, Management and Humanities Issue of Social Inclusion and
Exclusion of Indian Tribes”, 1 (1) 2012.Pp.14-19.
 6

it was Time and again random movements of stronger groups in search of food
and new lands led to the violation of boundaries and resulted in clashes. The
weaker groups were driven away or taken over by stronger groups. These
internecine, inter-tribal, conflicts might have led to the need for an effective
control of the territory on which the group subsisted.

The ancient hunters and the food-gatherers organized themselves in groups

based on the extended kinship principle. As it happens in such situations, age
commanded the respect. Being the children of a remote ancestor, they were related
to each other in blood. An elder person, often a male, enjoyed authority over the
rest of the group men and women and this promoted a semblance of internal
cohesion. There were no gender differences as there was no division of labour as
such and the group functioned on the basis of natural instincts. Women and
children were collectively looked after and the old and the sick must have been
exempted from the daily rigmarole of food collection. With growth in population
the group expanded in size and with it the territory expanded and the tribal chief
became an important instrument in maintaining internal cohesion (social order)
and harmony and in organizing effective defense in the midst of external threats. It
may be postulated that despite the commanding status, the institution of tribal
chief did not disturb the egalitarian character of the group. Living in the middle of
the forest and at a level of equilibrium with Nature, it was necessary for the group
to survive with limited needs. Since the group did not generate any wealth, no in-
equality in its distribution could be imagined. Emergence of the private family and
the gender-based division of labor must have been later developments in history.

The tribes evolved a simple technology to deal with the natural situations.
Tools for digging, cutting and chopping were the immediate needs and stone hand
axes; chopper-chopping tools and cleavers helped them wage their struggle for
survival. Spears with stone blades and bow and arrow would have been the natural
response to a situation in which they became more and more dependent on animals
 7

and birds for their food requirements. They crossed the rivers on rafts and caught
fish with straw nets. Anthropologists have discovered evidence of the primitive
tools and techniques which were commonly employed by the ancient hunters in
their studies of the modern tribes in Africa, Latin America and South and
Southeast Asia. Sophistication in tool-making techniques came as the struggle for
survival intensified and the transition from food gathering to food production
economies progressed at the snail‟s pace.

The primitive tools, based on stone cores or flakes, unitary or composite

when stone was combined with wood or bones of animals, constituted the material
culture of this tribal society. Since settlement on land was not necessitated by
circumstances, huts must have emerged much later and only when pioneer villages
dotted the level plains in the beginning of the Neolithic revolution. Witch-craft,
magical forms, spirit worship and group-dancing became necessary elements of
early tribal cultures. Of course, propitiation of spirits was a common ritual
practice. Spirits of the remote or immediate ancestors were recalled and
worshipped to obviate the impact of evil spirits. A system of magic and ritualistic
group dancing was closely associated with these practices which were often
related to birth, death, celebration of victory or commemorating occasions of
collective achievement and pride. Drums which were used for driving wild ani-
mals to a vantage point were concomitant to such ritual exercises. Many societies
which were not familiar with bow and arrow could not develop stringed musical
instruments, and only drums sufficed their needs. In societies where stringed
instruments came early, diverse forms of folk music were widely developed.

This social formation has certain basic distinguishing traits. The social
organization is simple, without any stratified or hierarchical social order. Wealth
and its private ownership is an alien concept. Land and its resources were shared
collectively and operations to appropriate them are collective and not individual.
This gave birth to the communitarian mode of ownership of resources, including
 8

land. There were social mechanisms of defense against external and internal
threats. Hunting expeditions and internecine wars were collectively organized. The
tribal headman, a chieftain, played a commanding role in such operations and in
forging internal cohesion and harmony.

With a primitive technology on its command, the group could survive at a

low level of equilibrium with Nature. The blind forces of Nature which were cruel
and unpredictable often filled the heart with fear for the unknown and the
invisibility. Magic and propitiation of spirits seemed to be the only recourse. The
group sought strength from its totems, both animal and floral, and guarded them
jealously. Obviously, no society could afford to stay at that level of equilibrium
with Nature forever. An upward mobility along the ladder of social evolution was
as natural as anything else crucial to their existence.

However, in terms of social evolution, tribal groups did not display a

uniform pattern anywhere in the world. In fact, change was often painstakingly
slow. There were phases where change was endogenous and transformed the
social group. Equally importantly, there were phases when contact with other
cultures (out-groups) opened up the tribal societies and paved the way for their
social and culture transformation. Such episodes of Exo-genetic change appear to
be more numerous and all-embracing in their impact.

1.1.2.1 The criteria followed for specification of a community as a scheduled

tribe:

 Indications of primitive traits,

 Distinctive Culture,

 Geographical isolation,

 Shyness of contact with the community at large, and Backwardness.

 9

1.1.3 Indigenous People:

The term „Indigenous People‟ is a combination of two words namely,

„Indigenous‟ and „Peoples. The term „Indigenous‟ means native to a country (not
exotic), whereas „Peoples‟ refer to persons of a community or race. All over the
world, in more than 70 countries, numbering 300 million peoples, such Indigenous
Peoples have, by and large, in common considerable backwardness in comparison
to the remainder of the population, inequality of opportunity and the survival of
anachronistic economic and land tenure systems. 8 India is home to about 700
9
tribal groups with a population of 104 million, as per 2011 census. These
indigenous people constitute the second largest tribal population in the world after
Africa. As industries encroached upon their lands, many communities were
displaced and some continued to wage a struggle to either protect their homes or
demand a fair compensation. 10 .The living standards of such people in independent
countries irrespective of being developed, undeveloped or under developed is, in
general, extremely low, and in great majority of cases is considerably lower than
that of the neediest layers of the non-Indigenous population.

Three types of definitions are used at the international level with regard to
the term ‟Indigenous‟ viz., ILO definition, UN definition and World Bank‟s
definition. ILO Convention No. 169 of 1989 adopted the first legal definition of
the term „Indigenous‟. The Convention 169 of 1989 defines indigenous people are
those who have been affected adversely during the establishment of the present

8
Who are indigenous peoples? ; FACTSHEET;
https://www.un.org/esa/socdev/unpfii/documents/5session_factsheet1.pdf
9
Arnika Bahuguna, Madhu Ramnath, Kumar Sambhav Shrivastava, Richard Mahapatra, M Suchitra,
Anupam Chakravartty, “Indigenous people in India and the web of
indifference”,https://www.downtoearth.org.in/coverage/governance/indigenous-people-in-india-and-the-
web-of-indifference-55223[22-8-17]
10
Id.
 10

state boundaries and who retain some of their economic, cultural and political
institutions.11

Indigenous peoples 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 peoples from around the world share common problems related to the
protection of their rights as distinct peoples.

Indigenous people have sought recognition of their identities, way of life

and their right to traditional lands, territories and natural resources for years, yet
throughout history; their rights have always been violated. Indigenous peoples
today, are arguably among the most disadvantaged and vulnerable groups of
people in the world. The international community now recognizes that special
measures are required to protect their rights and maintain their distinct cultures
and way of life. 12

Attempts are also made at International level to define and deal with the
issue of indigenous people. The General Assembly, in its resolution 65/198 of 21
December 2010, decided to organize a high-level plenary meeting of the General
Assembly, to be known as the World Conference on Indigenous Peoples, in order
to share perspectives and best practices on the realization of the rights of
indigenous peoples, including pursuing the objectives of the United Nations
Declaration on the Rights of Indigenous Peoples. 13

11
C169 - Indigenous and Tribal Peoples Convention, 1989
(No. 169),https://www.ilo.org/dyn/normlex/en/f?pNORMLEXPUB:12100:0::NO::P12100 ILOCODE:C169
12
Indigenous Peoples at the UN, UP
https://www.un.org/development/desa/indigenouspeoples/about-us.html
13
World Conference on Indigenous Peoples, Department of Economic and Social AffairsIndigenous
Peoples; https://www.un.org/development/desa/indigenouspeoples/about-us/world-conference.html,
[visited on 27-11-2020]
 11

In its resolution 66/296, the General Assembly further decided that the
World Conference on Indigenous Peoples would be held on 22 September 2014
and in the afternoon of 23 September 2014 in New York. 14

The World Conference was composed of two plenary meetings in the form
of an opening and a closing session, three interactive round-table discussions and
one interactive panel discussion, with the opening meeting beginning at 9 a.m. on
22 September 2014, followed, in the afternoon, by two round-table discussions
taking place simultaneously. 15

To provide valuable input into the preparatory process for the World
Conference, the President of the General Assembly organized on 17 and 18 June
2014 an informal interactive hearing with representatives of indigenous peoples
and representatives of entities of the United Nations system, academic institutions,
national human rights institutions, parliamentarians, civil society and non-
governmental organizations, in accordance with the relevant provisions of the
present resolution. 16

The World Conference resulted in a concise, action-oriented outcome

document prepared on the basis of inclusive and open informal consultations with
Member States and indigenous peoples.17

According to the working definition, „Indigenous‟ are those original

inhabitants of a territory who reduced for the historical reasons to a non-dominant
or isolated or marginal population and, who are socially and culturally distinct
18
from other segments of the predominant population. Subsequently this
definition was accepted as an operational definition by Human Rights working

14
Supra note 12
15
Id.
16
Id.
17
World Conference on Indigenous Peoples,
https://www.un.org/development/desa/indigenouspeoples/about-us/world-conference.html
18
J. K. Das, HUMAN RIGHTS AND INDIGENOUS PEOPLES; pg. 294, APH Publishing, 2001.
 12

group on Indigenous Populations in 1982. According to this definition

„Indigenous‟ are those who have a historical continuity considered themselves
ethnically distinct from other sections of society and are non-dominant group.For
identification of Indigenous Peoples, the definition includes some factors such as
occupation of ancestral lands, common ancestry, dress, and means of livelihood,
life-style, language and residence in certain geographic region. This definition for
the first time included the subjective criteria (such as self-identification as
Indigenous) and acceptance by the group concerned with the definition.19

The third type of definition is contained in World Bank‟s Operative

Directive 4.20 of September 1991. According to this definition „Indigenous‟
peoples are those social groups who have a social and cultural identity distinct
from the dominant society. For the identification of Indigenous Peoples, the
definition also provides some criteria, such as ancestry, language and customary
institutions.

It can be said that the word „Indigenous‟ has been used according to the
choice of users and also the meaning varies from country to country and region to
region, from Europe to India, North America and other Asian Countries.
Anthropologically, the term ‟Indigenous‟ has been defined as “a group of
individuals, having same social cultural characteristics and defined biological
boundaries at ancestral land”. Thus, it can be inferred that although a number of
efforts have been made to clarify the term „Indigenous‟ still no consensus has been
reached over the term „Indigenous‟. Yet, a number of criteria have been identified
to determine „Indigenousness‟, which includes ancestry, traditional lands,
historical continuity, distinctive cultural aspects including religion. Tribal
Organization, Community membership, dress and livelihood, Language, Group-
consciousness, Residence in certain parts of the country and accepted by
Indigenous community.

19
Ibid. at pg. no.195.
 13

1.1.4 Indigenous People in India:

India, being a member of the United Nations and staunch believer in

upholding the human dignity, equality, brotherhood and welfare of all the people
since time immemorial, following the principle „Sarvejanya Hitaya Bahujana
Sukhaya‟ (benefit to all is welfare for all), has not lagged in the endeavors made at
international level regarding the upliftment of Indigenous Peoples. In 1991 the
World Bank has declared that in India the term „indigenous peoples‟ means
„Scheduled Tribes‟.20 Without adopting the expression „Indigenous Peoples‟ for
the aboriginal population residing in different parts of India, the framers of the
Constitution of independent India included specific constitutional provisions for
„Scheduled Tribes‟ providing for a new political process for the realization of the
rights and fulfilling the aspirations of the Scheduled Tribes.

The work basically discusses the status of Tribals under various provisions
in national legislations as well as inthe Multilateral Conventions and Treaties,
tracing them from their evolutionary stage. The work also elaborates limitations
and atrocities caused to economic, social and cultural rights of tribal people,
including tribal children of India. The stark and gross violation of not only human
rights but also the rights to be human is demonstrated by the study of the tribal
people in various districts in India. The tribal people have been deprived,
displaced and disposed of their cultural and traditional rights under the garb of
development of districts inhabited by them.

To talk about the rights, where the tribal people don‟t have rice, is an
insensitive debate or approach to problem of human rights. The laws have been
put in place for implementation machinery are grossly failed to yield any results.
There is a need of concerned effort on part of Government, human rights
monitoring bodies as well as non-governmental organizations to identify and

20
J. K. Das, Human Rights And Indigenous Peoples; Pg.37, Aph Publishing, 2001.
 14

rectify violations of the rights of tribal people. And at the same time, it is
important to empower them by providing opportunities of education, employment
and community development to inject a new life to their dying or disappearing
diverse cultural and traditional tribal rights.

The fathers of our Constitution desired to secure justice, social, economic,

and political for all citizens. They realized that the inequitable forces embedded in
the socio-economic system and political organizations had resulted in deprivation
and disadvantages for the poor and the weaker sections of the society. They,
therefore, considered it necessary to provide specific safeguards in the
Constitution for the Scheduled Castes and Scheduled Tribes, due to tradition and a
combination of circumstances, were the most deprived, weak and vulnerable
amongst the various sections of the society. The various safeguards and protective
measures sought to ensure for their all-round development and freedom from
exploitation and social injustice so that they could form part of the mainstream of
the society. Article 46 of the Constitution of India provides that “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 Scheduled
Tribes and shall protect them from social injustice and all forms of exploitation”.

Thus the Constitution of India gives due recognition to the problems and
aspirations of the Tribals.21 The policy of reservation forms the central part of the
social justice dispensation of the constitution. Reservation is meant to compensate
for the unprecedented discrimination perpetrated against them from antiquity
thereby empowering and integrating them with the mainstream society. 22 The
global initiative of placing people at the Centre of development can proceed with
added force through the empowerment of the peripheral socio-economic groups,
especially the tribes.

21
Constitution of India, Article 342.
22
Ibid Article 16(4).
 15

The present situation of the level of socio-economic development achieved

by the scheduled tribes of India shows that there has been no considerable
improvement in the living conditions of these groups, notwithstanding seven
decades of planned economic development. The neoliberal development paradigm
adopted by the Government of India has thrown more problems than solutions and
increased the disparities and deprivations of the tribal. The market maximalism
resulted in the centralization and concentration of capital and technology. As a
consequence, the unskilled laborer, especially the tribal people, were adversely
affected and there was a considerable reduction in the provision of social
insurance. The socio economic development achieved in the tribal front has been
most uneven between and within tribes. And even within a tribe a small elite has
developed. “It is clear that all the gains of development have not reached the
intended class and have been usurped by the better off in many cases”. 23 This
phenomenon has resulted in the widening of the gap between the better off and
worse off sections of the same tribe. In India, “we do not have a comprehensive
social security net, for want of resources, for want of a system of management,
and, therefore, governments have to play a very important role to fill the gap. This
function is exercised mainly in the form of organizing activities directed at
providing employment to those who are unable to find gainful work for want of
skills and access to resources”. An overall increase in the capabilities of the people
is the primary objective of development. The intervention of the Government is
very much required in this field. Relevance of the Study in India Tribal
development proceeded at a slower pace in spite of the increased flow of funds.
Even in Kerala State, which stands first in terms of human development, there are
considerable shortfalls in achieving certain well-defined objectives.

The policy of reservation of jobs is a measure by which the tribal are

enabled to make use of the available employment opportunities to further
23
Report of the National Commission for Scheduled Castes & Scheduled Tribes-1996-Page22
 16

accelerate the pace of socio-economic progress. But the policy of reservation is

applicable only in the case of appointments in the Government sector. Private
sector employment is kept out of the purview of reservation. Moreover, the
ongoing process of Globalization favors the forces of market and excludes the
marginalized sections of the society. This study seeks to find the inter relationship
between the policy of reservation and socio-economic development in the context
of Globalization. There is a general feeling that the benefits of reservation policy
flowed only to some selected people and tribes.

The development and integration of the marginalized sections of the society

are the avowed objectives of the national development strategy. In order to
achieve this goal, reservation is offered for the weaker sections in political
representation, in government employment and in educational institutions. In a
stratified society reservation serves as a means to ensure social justice and acts as
an incentive to attain greater equality and equity. Reservation is a compensatory
mechanism, which can bring about social upliftment, economic advancement and
greater political participation. Most of the Tribal live in inaccessible hilly terrains.
If the hill tribes can also take part in the nation building activity at par with the
mainstream society it serves as the best guarantee to attain unity and progress.
Therefore, this study assumes great economic, political and sociological
significance. These include educational, religious, economic, political and social
factors. Reservation is open to all Scheduled Tribes but why a particular
community should have secured maximum benefit is a pertinent question. In the
fast changing global economic equations everybody strives to extend their
productive powers. If the hapless tribal are also enabled to harness their potential
productive powers, the nation can make rapid strides in the development front. In
a larger sense, quality of human life, strategies of rural development, and the
concept of social mobility and capabilities of the people along with tribal
 17

development come under the rubric of inter-disciplinary relevance of the present

study.

Protective discrimination is one of the important methods through which

Constitutional goals like social and economic justice can be secured to the
Scheduled Tribes. Protective discrimination means preference given in admission
to public educational institutions and in public employment to the weaker sections
of the society including the Scheduled Castes and Scheduled Tribes. As India is
having diversity in terms of religion, castes, belief and communities with different
levels of social and educational advancement, which made it difficult for the State
to adopt uniform policy to all sections of the society. Therefore, the founding
father of the Constitution of India, Dr. Ambedkar, in order to provide social
Justice to the Scheduled Castes and Scheduled Tribes has incorporated many
provisions in the Indian Constitution like, special protection to Scheduled Caste
and Scheduled Tribes, special representation in legislatures, public services and
reservation of seats in educational institutions. This had been done for increasing
the educational opportunities and representation in public services for the
Scheduled Castes and Scheduled Tribes to provide equal opportunity as
guaranteed by the Constitution.

1.2 SIGNIFICANCE OF THE TOPIC:

The study on “Protection of Tribal Rights” is very important because more

than 8.6% of the total populations of India are tribes and the development of the
country depends upon the rural development.24 It is impossible for the State to
provide the financial assistance to all Scheduled Tribes, by giving cash to improve
their economic conditions. So, the Constitutional makers have adopted so many
provisions for providing reservation in education and employment. When these
groups get benefits of this protection they automatically come forward without

24
https://tribal.nic.in/ST/StatisticalProfileofSTs2013.pdf page no.123 28-11-2020
 18

anyone‟s assistance and help. Once this protection has been used by these groups
our country reaches the status of any developed country. But it is unfortunate to
say that still Scheduled Tribes are unaware about their protection and ignorant to
get those benefits, because of the problems like, poverty, illiteracy, interference of
middleman, lack of will of the government etc. Because of these factors the
indigenous people failed to enjoy the benefits of their hard work. So, it is inevitable to
bring systematization by the Government to provide the fruits of reservation to
those who actually needed and exclude the forward class from reservation. The
present study covers the relevant provisions of the Constitution of India and actual
implementation of those provisions. The present work highlights the hurdles
which come in the way for materializing the Constitutional goals of special
treatment. The study would also highlight the role of judiciary in interpreting the
clauses provided in the Constitution of India in favor of Scheduled Tribes.
Through this study, an attempt is made to enlighten about the Constitutional
protections and benefits and the protection given to the tribal under various laws.

1.3 OBJECTIVES OF THE STUDY:

This research work has been carried with the following objective
i) To trace the historical evolution of the Scheduled Tribes in India;

ii) To focus on vision of “Social Justice” on Scheduled Tribes;

iii) To find out the efficacy of the various Constitutional provisions relating to
Scheduled Tribes provided in the Constitution of India;

iv) To examine how the Judiciary has interpreted Tribal Rights to enlarge the
scope and significance;

v) To critically examine the causes as why the constitutional benefits are not
effectively reaching the people for whom they are intended;

vi) To analyses the role of the Centre and State Government Schemes for the
upliftment of tribal rights.
 19

1.4 RESEARCH METHODOLOGY:

1.4.1 Methodology of Work:

Research work presented on the topic is a doctrinal research. It is analytical

and non-empirical. The Judicial decisions, Articles from law journals, text books
of noted authors, contents of various legislations concerned with tribal welfare
have been comprehensively consulted and used. Research work has been done
from tracing the history of tribes and their development in India. Main focus is on
Constitutional provisions and legal perspectives of tribes in India. Although, the
researcher has not undertaken empirical study but he has personally visited
thetribal communities and interacted with tribal people and collected the data
which is been included the work. Above all he himself belongs to one of the tribal
groups and hence has included some of his own observations and experiences. The
hypothesis formulated for the topic has been tested.

1.4.2Sources of Data:

The work includes both primary and secondary source. Direct interactions
with tribal people to get the factual situation of their socio-economic
backwardness, awareness of Constitutional and legal provisions, legislations,
statutory rules, programs and policies of the Government etc. have been taken as
primary source. Whereas, Journals, reports, current awareness, publications, legal
periodicals, websites, text books, hand books sponsored by the public offices have
constituted the secondary source.

1.4.3 Research Questions:

In this research work the researcher has identified the following problems, they
are;
 20

i) Are the Majority of Scheduled Castes and Scheduled Tribes are aware of
Constitutional benefits provided to them?

ii) Is the Judiciary, which is the protector and guarantor of Constitutional benefits,
has interpreted the Tribal Rights clause widely, so as to secure justice for
Scheduled Castes and Scheduled Tribes?

iii) Do the reservations to Scheduled Castes and Scheduled Tribes as enshrined in

Constitution of India has provided, is strictly implemented so as to secure them
economic justice and social democracy?

1.5 RESEARCH HYPOTHESES:

On the basis of preliminary observation to the problems of tribal rights the

following hypotheses have been formulated

i. The Constitutional benefits given to Scheduled Tribes are not properly

reaching them;

ii. Due to socio-economic development, modernization and globalization,

tribal culture of Yenadi tribe is on the verge of vanish;

iii. It appears that despite laws that prohibit tribal people from making
alienation of their land, Tribals are losing their land holdings in many
cases;

iv. The low conviction rate show that inspite of Atrocities laws,25 protection of
Schedules Casts and Tribes is not satisfactorily implemented;

25
Atrocity Laws are especially dealt under „Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989. This is discussed under Chapter V. see Appendix-II of this work
https://www.mha.gov.in/MHA1/Par2017/pdfs/par2018-pdfs/rs-25072018-English/869.pdf
 21

v. The outcome of the judicial adjudication indicates that, fraudulent

appointments based on fake caste certificates are taking place;

vi. Majority Scheduled Tribes are unaware of Constitutional benefits and State
welfare programs due to their ignorance and illiteracy.

1.6 LIMITATIONS OF THE STUDY:

The study is limited to Schedule Tribes as listed underthe Scheduled Castes

and Scheduled Tribes Orders (Amendment) Act. 1976. Protection is discussed as
given under the Constitution of India. So far Special Legislations are concerned,
although there are number of statues and regulations only four main Acts are
discussed. Attempt is made to deal with almost all the welfare schemes adopted by
Central and State Government.

1.7 LITRATURE REVIEW:

PadmabhushanVennalakanti Raghavaih- the said author had extensively

dealt with the origin, evolution, transformation and transitional phases that had
transformed from centuries to centuries and also dealt with social culture,
marriages, habits and traits, Anthropology and unique qualities and in a nutshell
the literary work can be described as an Academic Classic.

Binod C. Agarwal, - “Yanadi Response to Change: An Attempt in Action

Anthropology”- Author had focused on social transformation and evolution of
Tribes and the aspect of Anthropology, the literary work is a good appetite for a
scholar.

N.Sudhakar Rao- “Ethnography of Nomadic Tribe” extensively deals with the

culture of tribes.
 22

Kalyan Kumar, “A Special Reference to Chenchu and Yenadi Tribes” the Author
had given predominance importance to Chenchu and Yenadi Tribes and their
evolution and transitional phases of civilization.

Chiristoph von Furer-Haimendorf, -“Tribes of India: The Struggle for Survival”.

The author dealt extensively with primitive tribes in India, tribal groups and tribal
social formation.

DD Basu, “Constitution of India” - The author who authored constitutional law

had comprehensively dealt with various provisions of constitution in Academic
way and the implementation of constitution and its 70 years‟ experience and the
fraud on the constitution to defeat the goal of the framers of the Constitution was.

PM Bakshi, - “Constitution of India”, A Text book on constitution law of India in

a very lucid language and is helpful to both students and scholars to understand the
constitutional goals.

Dr. D.N. Majumdar, - “Races and Cultures of India”.An anthropologist, a

professional, the social reformer, and the politician, interested in India and in the
problems posed by its tribes and castes.The book published in 1961 is concerned
with Indian prehistory and racial groupings, ethnological concepts and
ethnographic data,caste and tribe in India and with directed culture change. Much
ground is covered, but for the most part the material is of an introductory nature.

S. C. Dube „The Kamar‟ was written at a crucial juncture in Indian history - the
end of colonial rule and the arrival of Indian independence. It is an important
ethnography of an exploited and marginalized tribe in transition and a formative
text in the history of Indian anthropology. Based on careful fieldwork and
enlivened by ethnographic sensitivity related to the author's long familiarity with
region and subject, the study presents a pioneering portrait of the Kamar, an
adivasi community of hunter-gatherers and shifting-cultivators of Chhattisgarh and
Orissa. Combining brevity of style, economy of expression, and simplicity of
 23

structure, in the book, Dube discusses key themes in anthropology and sociology:
economic life, social organization, and customary law, myth, legend and ritual;
religion, magic, and witchcraft; and questions of 'cultural contact' and 'tribal
adjustment'.

1.8 SCOPE OF STUDY: The work is divided into seven chapters. The contents
of these chapters are briefly described as follows:

CHAPTER – I

Introduction, gives the outline of research work on the topic, “Protection of

Rights of the Schedule Tribes in India: with special reference to Yenadi Tribes of
Andhra Pradesh”. It highlights the significance of the topic, and describes the
justification for undertaking a research on the topic. The hypothesis formulated
for the purpose, the methodology followed for the purpose of research and the
aims and objectives of the work have been described.

CHAPTER – II

Historical evolution of tribes in India and their cultural heritage, traces the
origin of the tribes in India. The tribes in India form an important part of the total
population. It represents an element in Indian society which is integrated with the
culture mosaic of our civilization. The tribal population of India constitutes nearly
8.6% of the total population. Indian tribes are abstract sections which hold an
astounding number of tribal populations in the country, meticulously assimilating
each characteristic specialty „Tribes of Andhra Pradesh and their Cultural
Heritage‟ have been discussed. The paradox, of course, is that while the researcher
presents a realistic as well as holistic picture. The study of tribal cultural heritage
is very vast and intricate. The natural and supernatural elements are amalgamated
for comprehensive world view and to be in sync with imponderable and
understandable forces in nature. In order to understand and study, these life
 24

streaming forces which are intimately connected in-depth studies are essential.
Researcher made few sincere attempts to bring out these vital aspects of the
holistic ways of life of tribal societies.

CHAPTER – III

„Yenadis Tribes of Andhra Pradesh- a Brief Study‟- this chapter deals with
the culture, living traits and other aspects of Yenadistribes of Nellore district in
Andhra Pradesh. The tradition of Yenadis as to their origin is very vague. Some
people call themselves the original inhabitants of the wilds in the neighborhood of
the Pulicat Lake, where they hunted and fished at will, until they were enslaved by
the Reddis. Others say that Reddi (or „Manchi‟=good) Yanadis were originally
Chenchus, a small but superior class, and they fled from oppression and violence
from the mountains in the west, and amalgamated themselves with the common
Yenadis. It may be safer to presume in the absence of any historical or fossil
evidence that the Yanadis, like many other South Indian jungle tribes, were
indigenous peoples, but any similarities that might exist between them and the
primitive men of the neighbouring countries are either accidentals or
environmental and that these common features do not necessarily point to a
transoceanic migration.

CHAPTER – IV

This chapter entitled as „Constitutional Provisions and Legal Perspectives

Related to Tribes‟, deals with the Constitutional Provisions available for the
Scheduled Tribes. There are many Articles in Constitution of India to protect the
rights of the tribes in India. The framers of the Constitution were anxious to ensure
the betterment of the Scheduled Tribes. Tribal people are simple, honest and
native by any yardstick of modern society. Besides, they have traditionally lived in
close contact with nature, in the hills and forests. Inthis sense, they are different
from rest of the mainstream people. They have historically tried to avoid contact
 25

with “outsiders” to preserve their traditional community-based living in which

they feel more secure.

CHAPTER – V

This chapter “Special Legislations for Safeguarding the Personality and

Rights of Tribals” deals with various facets of application of Law to the Scheduled
Tribes and their benefits, short comings in the legislature and pragmatic outcome
of the implementation of the laws. The consequences and special privileges
conferred by virtue of judgments are comprehensively dealt with. The following
are the few illustrations touching upon the outcome of law. This chapter deals with
land acquisition of assigned lands and in the event of land acquisition
compensation has to be paid with on par totrue owner. The Scheduled Castes
Scheduled Tribe (Prevention of Atrocities) Act 1989 deals with atrocities and
punishment for the respective offences. The Hindu personal laws like Hindu
Succession Act 1956, Hindu Marriage Act 1955 are not applicable to Tribals in
view of statutory bar. The A.P Scheduled Area Land Transfer Regulation Act,
1959prohibits transfer of land in favour of non-tribals. Forest Dwellers
(Recognition of Forest Rights) Act, 2006, deals with conferring immunity to dwell
upon Forest lands. Panchayat (Extension to the Scheduled Areas) Act,
1996protects from arbitrary acquisition of land and land cannot be acquired
without the approval of the Gram Sabha and 80% seats are reserved for Tribals in
Schedule V areas and the challenge was also held as intra virus of the Constitution
of India by Supreme Court.

CHAPTER – VI

Role of State and Central Government Schemes for the upliftment of

Scheduled Tribes focuses on the schemes and policies that are available for the
Scheduled Tribes. The Schemes are aimed at ensuring access to justice to the
Tribal People in India. The access to justice would be facilitated in all its
 26

connotations, i.e. access to rights, benefits, legal aid, other legal services etc., so
that the assurance of the Constitution of justice social, economic and political, is
meaningfully experienced by the tribal population in the country. These issues are
discussed under this chapter.

CHAPTER – VII

The last chapter provides conclusion of the research work and suggestions
are listed therein.

***