File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Securing Right Of Displaced People Particularly In Light Of The Scheduled Tribes

The originator of the Constitution caught a glimpse of the fact that in some areas of India people are tolerating social, educational, and economic backwardness. To overcome this situation or we can say to develop themselves in a socio-economic way they need some special remedy for the same they announced as Scheduled Castes and Scheduled Tribes as per provisions embodied in Article 341 and Article 342 of our Indian Constitution.

Background
Earlier, the scheduled tribes people were called 'Adivasi' or indigenous people and 'Girijan' by Mahatma Gandhi. According to Anthropologists, Scientists of Oxford, human living first originated in Africa 120,000 years ago and about 2000 generations ago ( i.e. 50000 years) the very first emigrants from Africa were Indians who probably were the indigenous people of our country.

Before going ahead let's discuss tribal people and how they are connected to India:

The tribes are the native people of the territory who are believed to be the earliest colonists in the Indian region. According to the historical era, shown in the census of 1991, the population of tribal people was 6776million. And as we compare from the present era, according to the last census India has a 104million or 8.6% of the total population of tribal people.

Therefore, Indians have the second-largest tribal population after Africa.

Schedule tribes come under Schedule 5 of the Constitution hence, tribal people are also recognized by Constitution as Scheduled Tribes. Article 366(25) defined scheduled tribes as the inhabitants with such communities as held under Article 342 to be known as Schedule Tribes for the constitution.

In article 342 of the Indian Constitution, it exhibited the procedure which should go through in an entity of specification of Schedule tribespeople. With the talk with the governor of any state of the union territory, giving public notice shows about the tribal people deemed under Scheduled tribes about that particular state or Union territory. Only Parliament has the right to involve or eliminate from the list of Scheduled tribes which is specified in a notification that is allocated under any tribal community. But the first specification is only done by the president of any state of union territory with concern with state governments.

With the estimates of the census of 1990, 85lakh of Scheduled Tribes have been displaced for various reasons such as dams, mines, sanctuaries, industries, etc. This clearly shows that the majority or almost all industrial sector Scheduled tribes employees and their homes come under displaced people.

Right of displaced people: a gray area

The displaced people of India come under grey areas because according to the UN's computation, there are approximately a 135million people who come under this area. The people who live in such areas face many difficulties as they don't even have proper electricity and water facilities to survive. Also, they don't have a reasonable source to cook the food they usually take up wood-based fuels for cooking.

The people who live in such places come more about government plans to get more strength. Usually, they live in singled-out regions alongside those who are marginalized. We can observe that the people of gray areas face many difficult situations as current energy practices are often inadequate, contaminating, risky for the user, and fatal to the surrounding.

If also displaced people go back to their native places their condition would not go for better they may face more of the worst situations. Not only in their survival but the displaced people also get discriminated from normal people in the field of education and service i.e, schools and offices. The position they get there is different or can effortlessly be lower than other people. For such problems, the displaced people do not get their rights which are made for every citizen. We have discussed certain policies which help to secure the rights of displaced people.

The displaced people: Scheduled tribes

To come out of the worst situation the government takes up the western concepts for developing their country after the independence when India has nothing and was not even prepared to go ahead with their next step. They took the beliefs of other countries. But after many years of Independence India is in a situation where they can make and make easy decisions to go with their new ideologies for their development. As we already knew that India obtained western ideologies for their development but now they are facing some fallouts and the enormous effect is the displacement of tribals and other marginalized communities.

We already knew displacement is not a part of India for the last few years. This goes on for many coming years also they displaced around 20lakh people from their rooted grounds. Here is some analysis that shows how displacement took place.
  1. Displaced by Development

    The strategy which they adopted to take up the development oversees more backwardness to weaker section people. Taking up the five-year plan's strategies where the people start going displaced also the land acquisition leads to a lot of pollution, which also includes hydro-electrical and irrigation targets. More sources are like military installations, parks, and grasslands.
     
  2. Displacement and the law

    We already knew there are some rights for every citizen of India and the law looks after all the situations where it cannot be violated but when we talk about the situation of backward classes people their rights get violated and no extra care and action are taken up.
     
  3. Displacement and Rehabilitation

    The words displacement and rehabilitation should be used in such a way that if aside where displacement takes place suddenly replaced with rehabilitation. The government should come up with a policy where the weaker section people can adopt particular policies for their developments. This results in the financial happiness of people and also increases their standards and livelihoods.

Ways to secure the rights of the displaced people

The National Policy for Tribals, therefore, specifies that displacement of tribal people is kept to the minimum and embarked only after likelihoods of non-displacement and least displacement have been depleted. When it becomes necessary to displace Scheduled Tribe people in the larger interest, the displaced should be provided a better standard of living.

Here Are Some Of The Ways Which Help To Secure Rights Of Displaced People And Help Them To Develop Themselves:

  1. Conventional education:
    • Tribals are involved in the national program of Sarva Shiksha Abhiyan run by the Ministry of Human Resource Development.
    • Schools and hostels should be opened in areas where no such discriminations exist.
    • At least one model residential school is fixed in each tribal concentration area.
    • Special grounds like financial aid, pocket subsidy, free distribution of textbooks, and school uniforms are furnished.
    • Teaching is imparted in tribals' mother tongue at least up to the basic level.
    • Educated tribal youth are given employment as teachers, wherever possible this helps tribal people to get employment.
       
  2. Traditional wisdom:
    • Protect and improve such traditional proficiency and learning and ascertain it.
    • Ascertain a center to educate tribal youth in areas of formal wisdom.
    • Convey such through models and exhibits at relevant places.
    • Alter such knowledge to non-tribal areas.
       
  3. Health:
    • Enhance the allopathy system of medication in tribal areas with the expansion of the three-tier system of village health workers, secondary nurse midwives, and central health centers.
    • Broaden the number of hospitals in tune with the tribal population.
    • Assess specified tribal remedies (folk claims) used in different tribal areas.
    • Promote cultivation of therapeutic plants related value addition techniques through imparting regime to teenagers and Encourage authorized specialists from tribal societies to serve tribal areas.
    • Emphasize the form of a strong force of tribal village health guides through regular training-cum-orientation lessons.
    • Compose area-specific techniques to enhance access to and utilization of health services.
       
  4. Intellectual Property Rights:
    Scheduled Tribes are recognized for their mastery and understanding of racial heritage. There is no legal and institutional rack to defend their intellectual property rights. The National Policy aims at making formal and institutional configurations to ensure their intellectual property rights and lessening the rights of corporate and other factors to access and capitalize their reserve base.
     
  5. Displacement and Resettlement:
    • When displacement becomes unavoidable, each scheduled tribe family having land in the earlier settlement shall be given land against the land
    • A minimum of two hectares of cultivable land is considered necessary and viable for a family (comprising a man, his wife, and unmarried children).
    • Tribal families having fishing rights in their original habitat shall be granted fishing rights in the new reservoir or at any other alternative place.
    • Reservation privileges celebrated at the original settlement shall be continued at the resettlement area.
    • Extra monetary relief equivalent to nearly one and a half year's minimum agricultural earnings for the expense of customary rights and usufructuary rights of forest elicit shall be given.
    • Tribals are to be resettled close to their natural habitat by dealing with all the people so displaced as one group to let them maintain their ethnic, verbal, and socio-cultural identity and the network of kinship and common obligations.
    • Free land is to be provided for social and religious communities.
    • When tribal families are resettled en masse, all basic minimum conveniences shall be furnished in the new areas.
    • They include roads and passages, electricity, drainage and sanitation, safe drinking water, educational and health care facilities, fair price shops, a community hall, and a panchayat office.

Conclusion
Scheduled tribes people confronted certain complications in their habitation time. It was conceivably due to this purpose that this portion of the Indian population which was simply having the profile of obstacles and further indicated the major invasion of displacement compelling them of their most precious land and ecology that the censuses were planned to study their working and living condition in the new environment of industrial life along with their coping mechanism.

To bring the Tribals into the country's mainstream, the National Policy envisages many ways:
  • Designation of tribal groups with 'primitive aspects' shall be done away with on a preference basis
  • The 'distinct culture' of the tribes reflected in their folk art, folk literature, traditional crafts, and ethos shall be retained.
  • Their oral myths shall be reported and art stimulated.
  • Chances shall be provided for tribals to interact with outside cultures.
  • Their geographical intimacy shall be underestimated through the growth of highways, conveyance, and means of transmission and provision of concessional travel facilities.

References:
  1. Scheduled Tribes in India - Definition, Criteria, and Full List - ClearIAS
  2. Tribal Population in India - Important Characteristics of Indian Tribes (saching.com)
  3. SE_GUJARAT 06-07_CHAPTER I.pdf (labourbureau.gov.in)
  4. 17561PB_17_Draft.pdf (un.org)
  5. How Many People Will We Continue to Displace In the Name of Development? | Economic and Political Weekly (PW. in)
  6. National Policy On Tribals (mcrhrdi.gov.in)

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Sexually Provocative Outfit Statement In...

Titile

Wednesday, Live Law reported that a Kerala court ruled that the Indian Penal Code Section 354, ...

UP Population Control Bill

Titile

Population control is a massive problem in our country therefore in view of this problem the Ut...

Privatisation Of Government Sector

Titile

Privatization of presidency Sector Although in today's time most of the services provided in ou...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly