Date: 04-07-2019

    Posted By: admin

    2
    Why are the tribals in India referred to as the Scheduled Tribes? Indicate the major provisions enshrined in the Constitution of India for their upliftment. (250W|15M)

  • Subject: Social Justice
  • Topic: Vulnerable Sections of population
  • Sub-Topic: Mechanisms and Laws for protection and betterment
  • Approach:

    1.     UNDERLYING THEME: An understanding of the various provisions given to the vulnerable sections of the society in Indian Constitution

    2.     INTRODUCTION: We could easily start off with the first question at hand. Who are the scheduled tribes and why are they called so?

    Example: The ‘Schedules’ listing the castes and tribes recognised as deserving of special treatment because of the massive discrimination practiced against them were drawn up in 1935, by the British Indian government

    3.     BODY

    ·       Identify criterion followed for specification of a community, as scheduled tribes are indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness. So they need special provisions for their empowerment.

    ·       Provisions in the constitution

    GENERAL SAFEGUARDS [For All People of India OR Minorities in general]

    Fundamental Rights

    Art. 15 - Provision of no discrimination in respect of race, religion, place of birth, caste, sex ; Special provisions for promotion of Education

    Art 16 – Provision for reservation in Employment

    Art. 23 - Prohibition of traffic in human beings and beggar and other similar form of forced labour;

    Art. 24 - Forbidding Child Labour.

    Art 25-28: Protection of religious freedom

    Art. 29, 30: Protection of Interests of Minorities

     

    Directive Principles

    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

     

    Art. 350 A: Instruction in Mother Tongue.

     

    SPECIFIC SAFEGUARDS

     

    Art.244 and 244A – 5th and 6th schedule areas designation and special rights under them

    Art. 275: Grants in-Aid to specified States covered under Fifth and Sixth Schedules of the Constitution.

     

    IV. Political Safeguards

    Art.164 (1):- Provides for Tribal Affairs Ministers in Bihar, MP and Orissa;

    Art. 330: Reservation of seats for STs in Lok Sabha;

    Art. 337: Reservation of seats for STs in State Legislatures;

    Art. 243: Reservation of seats in Panchayats.

    Art. 371: Special provisions in respect of NE States and Sikkim

    Note: There is no need to remember all the article numbers. Rather, concentrate on the dimensions of safeguards provided to the scheduled tribes

     

    Apart from these provisions, there are many statutory laws which promote the interests of the ST’s. Ex: Forest Rights Act, Mines and mineral development policy , PESA and so on

    4.     CONCLUSION: Summarize all the points you have made so far in the answer. Example: The constitution thus provides for many provisions , which enable the ST’s to develop socially, educationally, politically and economically and integrate with the rest of the society while at the same time ensuring that the distinctive socio-religious –cultural aspects of their lives are protected and nourished

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