Article 244 of the Indian Constitution delineates provisions concerning the administration of Scheduled Areas and Tribal Areas. These areas, predominantly inhabited by indigenous tribes, are characterized by distinct socio-economic and cultural dynamics. The Fifth Schedule specifically pertains to the administration and governance of these regions, aiming to safeguard tribal rights, promote their welfare, and protect their interests. However, the non-implementation of these provisions has exacerbated various socio-economic disparities and alienation among tribal communities. This has had a significant impact on the growth of Left-Wing Extremism (LWE) in such areas. The failure to effectively implement the Fifth Schedule has led to the exploitation of tribal resources by external entities, marginalization of tribal communities, and denial of their basic rights, including land rights and access to education and healthcare. Consequently, discontent and disillusionment among tribal populations have deepened, fostering fertile ground for the propagation of extremist ideologies. Left-Wing Extremist groups exploit these grievances, presenting themselves as champions of tribal rights and mobilizing support by capitalizing on the resentment towards the state’s neglect and exploitation. The absence of inclusive development policies and inadequate governance structures in these regions further perpetuate socio-economic inequalities, making tribal communities susceptible to extremist influences. Therefore, the non-implementation of the provisions of the Fifth Schedule not only undermines constitutional mandates but also fuels the growth of Left-Wing Extremism, posing significant challenges to national security and socio-economic development.
Tag: Linkages between development and spread of extremism.
Decoding the Question:
- In Intro , try to write about Article 244.
- In Body,
- Discuss and write provisions of Article 244..
- Impact of non-implementation of provisions on LWE.
- In Conclusion, try to write the underlying implementation of Article 244.
Answer:
Article 244 (1) of the Indian Constitution defines the Scheduled Areas which are included in the fifth schedule of the Constitution. There are 10 states having scheduled areas.
- The Fifth Schedule designates tribal majority areas in ten tribal minority states within peninsular India including, Andhra Pradesh, Telangana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.
- The Fifth Schedule has a provision for a Tribes Advisory Council (TAC) in each State with Scheduled Areas for the welfare and advancement of the Scheduled Tribes.
The Sixth Schedule under Article 244 (2) of the Constitution relates to those areas in the States of Assam, Meghalaya, Tripura and Mizoram which are declared as “tribal areas” and provides for District or Regional Autonomous Councils for greater political autonomy and decentralised governance.
- Areas under 6th Schedule in Assam: The hill districts of Dima Hasao, Karbi Anglong and West Karbi and the Bodo Territorial Region are under this provision.
The purpose of the Fifth Schedule is to preserve the tribal autonomy, their culture and economic empowerment, to ensure social, economic and political justice, and preservation of peace and good governance. But, there shortcomings especially in regard to TAC.
Weakness of TAC in Welfare and Governance:
- It functions only in an advisory capacity and only for the issues referred to by the Governor.
- Unlike the Sixth Schedule wherein Autonomous District Councils have been given significant legislative, judicial and executive powers, they have no power of implementation.
These weaknesses in implementation of Fifth Schedule has resulted in:
- Tribal disillusionment:The Expert Group of the Planning Commission also pointed to the development policies and institutions of implementation as the core factor of disillusionment of the adivasis with the state.
- Tribals made not to use forest produce and land alienation became common. This was aggravated by the continuous displacement of tribal populations from their lands.
- In spite of being the only group with constitutional protections for their land rights, 9.4 % of the STs are landless compared to 7.4% for the national average.
- Increased Vulnerability: Poverty and landlessness are rampant amongst the STs. 47.1% of all STs are below the poverty line in rural areas as compared to 33.8% for the national average.
- The basic education and health facilities are not provided.
- Excessive exploitation of the people by the moneylenders and landlords
- Democratic Non-Participation: Tribal were made to live according to a principled approach- “Tribal Panchsheel ”. This worked as a major force for tribal welfare but many progressive democratic processes could not reach tribal belts. Consequently, the trust deficit with the government was allowed to expand without a check.
These factors made tribal population as the main target of Maoists and the spread of LWE happened all across the Scheduled Areas. First seen with the migrant adivasi tea plantation labourers returning from West Bengal in 1960s raised arms against the indigenous Rajbansi landowners in the name of class war. Since then the expansion of LWE is seen as a red corridor in India which corresponds to the Scheduled Areas of the Central Indian tribal belt.
Hence, it is imperative to implement the constitutional provisions enshrined under Article 244. This needs political will and instead of making it an election issue, this should be implemented with true spirit so that this can become a game changer for development of the Scheduled Areas.
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