Since gaining independence, the Indian state has undertaken significant legal initiatives to address discrimination against Scheduled Tribes (STs), recognizing the historical injustices faced by these marginalized communities. The first major legal initiative is the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, enacted in 1989. This legislation aims to prevent atrocities against STs by providing legal safeguards and prescribing stringent punishment for offenses committed against them. It represents a crucial step towards ensuring the protection of STs’ rights and dignity. The second notable initiative is the Panchayats (Extension to Scheduled Areas) Act, passed in 1996. This law seeks to empower tribal communities by extending the Panchayati Raj system to scheduled areas, promoting local self-governance and decision-making. Together, these legal frameworks signify the state’s commitment to eradicating discrimination and fostering inclusive development for Scheduled Tribes in post-independence India.
Tag: Society of India.
Decoding the Question:
- In Introduction, try to briefly write about the schedule caste and various discriminations.
- In Body,
- Write major legal initiatives by the State since Independence to address discrimination.
- In Conclusion, try to write about the significance of initiatives.
Answer:
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. The Constitution of India in Article 366 (25) prescribes that the Scheduled Tribes means such tribes or tribal communities as are deemed under Article 342 of the Constitution to be Scheduled Tribes.
Major Legal Initiatives taken by the State Addressing Discrimination Against STs:
- Reservation: Article 17 under the Indian Constitution, prohibits discrimination and obligates states to make laws to protect STs. The government provides for reservation of STs in jobs and educational institutions, for upliftment and overall development of people.
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 2015 : 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.
- Forest Rights Act: It provides for recognition of the rights of communities to govern, use, and conserve forests they have traditionally managed and utilized, reversing the colonial and postcolonial history in which the state had taken over control of forests. It empowers and encourages local self-governance amongst the marginalized tribal communities and forest dwellers.
- 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.
The laws assume importance in a developing economy like India. These provide a redressal mechanism for vulnerable and marginalized communities and groups. For the necessary evil of development and infrastructural growth, safeguarding their traditions, heritage and identity forms an important part of cultural diversity.
In case you still have your doubts, contact us on 9811333901.
For UPSC Prelims Resources, Click here
For Daily Updates and Study Material:
Join our Telegram Channel – Edukemy for IAS
- 1. Learn through Videos – here
- 2. Be Exam Ready by Practicing Daily MCQs – here
- 3. Daily Newsletter – Get all your Current Affairs Covered – here
- 4. Mains Answer Writing Practice – here
