Tribal Alienation - Reasons & Constitutional Steps to Governors For Safeguarding ST Rights

Tribal Alienation – Reasons & Constitutional Steps to Governors For Safeguarding ST Rights

Question - Despite various efforts, the ST population needs further empowerment. Discuss the reasons behind alienation of tribal people and constitutional steps provided to Governors for safeguarding ST rights.

Reasons for Tribal Alienation

• Dispossession of their resources for livelihood
• Forest and common property resources being used for non forest activities
• Displacement of tribals from their home state
• Apathy of official machinery
• Violation of tribal rights
• Rising clout of forces of the market
• Threat of mining
• Poor implementation of tribal welfare schemes

Constitutional Steps Provided to Governors to Safeguard Against This

• Constitution empowers Ministry of Tribal Affairs to reduce gaps through nodal ministries of central and state government; Ministry is empowered to take up programmes and schemes for empowering tribals:
- Socially
- Economically
- Politically

• Governors have been given special powers by the Fifth Schedule to protect tribal rights

• They can direct a particular law or its party need not apply to a Scheduled Area

• They can also make regulations for good governance and peace as per the Fifth Schedule

• The Fifth Schedule also empowers the governors to intervene in areas pertaining to prohibition/restriction of land transfer; regulation of allotment of land in tribal areas and regulation of money-lending activities

• They are also provided wide discretion to make laws for such purpose

• Under provisions of the Fifth Schedule, Governor is also not bound by the aid and advice of Council of Ministers of the State

• A 244(1) and 244(2) provide for independent administration of scheduled areas in the state in line with the Fifth and Sixth Schedule
Facts and Stats

• ST community comprises more than 8% of the national population

• Tribal population are characterised by poor developmental indicators namely:
- Lowest literacy rates
- High drop out rates
- Increasing incidence of poverty
- High infant mortality rate
- High maternal mortality rates
- High incidence of malnutrition
- Lack of basic facilities
- Scarce opportunities for livelihood

Left Wing Extremism is also present in Schedule V areas while insurgent movements are occurring in Schedule VI areas