Tribal Autonomy In India: The Constitutional & Legal Background, The Fifth & Sixth Schedules And PESA, 1996
- IJLLR Journal
- 41 minutes ago
- 2 min read
Josephine Hnaihly, LLM, ICFAI University, Dehradun
Dr. Vivek Kumar, Assistant Professor, Department of Law, ICFAI University, Dehradun
ABSTRACT
This paper explores how tribal autonomy is patterned by India’s laws, focusing on the Fifth and Sixth Schedules of the Constitution and the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA). India’s tribal population is Large about 104 million people, nearly 9 percent of the country and they tend to live in resource-rich areas. Still, they often feel invisible. Despite their long history of exploitation and the need to protect their cultures, as the Constitution acknowledges, and their unique cultures must be protected, and special protective actions have been built. But when you ask tribal peoples themselves, too, the gap between promise and delivery is very wide.
Using a legal doctrine frames, and policy actual digging, this paper attempts to argue that the Fifth and Sixth Schedules as well as PESA were created in the spirit of radicalism to create space for tribal self-determination. Yet the flaws of the system, interference in the state and unexpected court decisions still take away from tribes true autonomy. Finally, the paper offers suggestions to strengthen legal mechanisms to help push India in the direction of constitutionalism, as well as international norms.
The tribal people in India are equally a very serious note there are more than 700 tribes, all having a language, a tradition and a history. You can find them in mountains, forests, beaches, and large plains. Nonetheless, despite their strength and numbers, tribal communities have gained centuries of experience in being excluded from political, economic, and cultural spheres. This is not a new thing which can be traced back to colonial times.
Keywords: Tribal Autonomy; 5th Schedule; 6th Schedule; PESA 1996; scheduled tribe; Gram Sabha; Self-Governments.
