Scheduled Tribes (STs) are social groups recognized by the Indian Constitution for their primitive traits, distinctive culture, shyness of contact with the community at large and geographical isolation. Scheduled tribes of India, due to developmental displacement, and in absence of proper rehabilitation initiatives, have faced cultural discrimination and socio-political and economic exploitation. Due to lack of education and skills, for decades these tribes continued to be oppressed at the hands of the larger society due to lack of education and skills.

Constitutional And Legal Safeguards Addressing Discrimination Against Sts

The Constitution of India has several provisions to prevent discrimination against people belonging to Scheduled Tribes and to protect their rights. Some of the important provisions, inter-alia, are Article 15, Article 16, Article 46, Article 335, Article 338-A, etc. Besides, several legislations are in place to prevent discrimination against people belonging to Scheduled Tribes and to protect their rights, significant among which have been Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 and Recognition of Forest Rights Act, 2006/ 1. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015:

1. The STs in particular, face atrocities like denial of forest rights, preventing candidates from filing of nomination in election, accusation of witchcraft, disrobing of women and sexual harassment, defiling their sacred places and forest deities, imposing social or economic boycott, abusing them through words, acts or gesture.
2. The SC & ST PoA, 2015 prohibits the commission of offences against members of the Scheduled Castes and Scheduled Tribes (SCs and STs) and establishes special courts for the trial of such offences and the rehabilitation of victims, thereby preventing any potential social discrimination faced by the SCs and STs.
3. Special court has to finish the trial within two months.
4. Presumption to the offences i.e. If the accused knew the victim, then the court will presume that the accused was aware of the victim’s tribal identity unless proved otherwise.
5. The act also states that the wilful negligence of duty by public servants required to be performed by him under this Act, is a punishable offence.

2. Recognition of Forest Rights Act, 2006

1. The act was enacted to recognize and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations.
2. Under this act, Land titles (Pattas) are given to the forest dwellers, if they have been cultivating for generations (75 years to be precise).
3. Possession of land title makes the STs eligible for agricultural credit with interest subvention. This saves them from the clutches of moneylenders. They also become eligible for various government schemes for seeds, fertilizers, farm inputs, crop insurance and MSP.

3. Panchayat (Extension to the Scheduled Areas) Act, 1996: PESA empowers the scheduled tribes to safeguard and preserve their traditions and customs, their cultural identity, community resources and also their customary modes of dispute resolution, thereby helping them from being vulnerable at the hands of larger society and also protecting their identity and culture from the onslaught of dominant culture. 4. Protection of Civil Rights Act, 1955: In order to stop the practice of untouchability the Protection of Civil Rights Act, 1955 has been enacted. This Act provides assistance to the States and Union Territories for the implementation of the constitutional provisions for the Scheduled Tribes. It also provides funding for the states to assist victims of atrocities and for the provision of incentives for the creation of special courts, inter-caste marriages and awareness generation. Government has adopted a multi-pronged strategy for overall development and mainstreaming of tribal people in the country, which includes support for education, health, sanitation, water supply, skill development, livelihood, infrastructure, etc. Major part of infrastructure development and provision of basic amenities in tribal areas in the country is carried out through various schemes of Central Ministries and the State Governments concerned.