HUMAN RIGHTS

REPORT ON
TRIBAL RIGHTS IN INDIA

SUBMITTED BY
Riya Tyagi 2021A7PS0191U
Pratham Gajjar 2021A7PS0202U
Mubashshir Ali 2021A7PS0214U
Syed Mohammad Umer 2021AAPS0266

SUBMITTED TO
Dr. Mrutuyanjay Sahu

BITS, PILANI – DUBAI CAMPUS

DIAC, DUBAI, U.A.E
(12th December 2023)
 INDEX

1. Introduction
1.1 Who are Tribals?
1.2 How Tribals are distinguished?
2. Tribals in India
3. Historical Background
4. Discussion & Analysis
5. Impact
6. Constitutional protection to Tribals in India
7. Learning Outcomes
8. Conclusion
 INTRODUCTION

Inequality, prejudice, exploitation, dominance, and deprivation characterize Indian

society. The fact that these societal traits that impede are mostly based on caste,
tribe, religion, language, area, etc. is what is more astounding. Despite being a
statistically tiny minority, India's tribal people is incredibly diverse. Tribal
communities are essential to preserving environmental equilibrium since they are
the guardians of distinctive ecological knowledge and sustainable practices. Even
Nevertheless, tribal people in India are frequently caught between the need for
development and the need to preserve their ancient customs, despite their
immeasurable contributions. Examining historical backgrounds, contemporary
socio-political dynamics, and ongoing initiatives to uplift and protect these
underprivileged but vital tribes, this report attempts to explore the complex terrain
of tribal rights in India. The problems that Indian tribal communities face, which
range from socioeconomic inequality to land rights and cultural preservation,
present a powerful story of perseverance in the face of hardship and call for
support and advocacy for these groups' fundamental rights in the contemporary
world.
1.1 Who are Tribals?

"Tribals" often refers to aboriginal or indigenous groups that have unique

cultural, linguistic, and historical traits. The phrase "Scheduled Tribes" is
frequently used in reference to India. These are historically marginalized
communities that the Indian government recognizes as indigenous peoples.
Many different tribal communities, each with its own distinct customs, dialects,
and ways of life, may be found throughout India.

Tribal communities are typically situated in hilly and forested areas, where they
live in intimate harmony with the environment and depend on long-standing,
sustainable customs. Their unique artistic manifestations, social structures, and
worldviews add to the nation's vast cultural variety.

1.2 How Tribals are distinguished?

A variety of features, including cultural, linguistic, historical, and geographic traits,
are frequently used to differentiate between different tribal populations. Tribals are
typically identified in the following ways:
- CULTURAL & TRADITIONAL PRACTICES:
Tribes can be distinguished from other communities by their distinctive
cultural practices, such as conventions, rituals, and traditional artistic
expressions.
- GEOGRAPHICAL LOCATION:
Tribes are frequently linked to geographic places, like hills or forested areas.
Their means of subsistence and way of life are frequently modified to fit
these settings.
- SOCIAL STRUCTURE:
Typically, tribal societies have their own social structures, which could
include established hierarchies and networks of communal service. These
social systems frequently diverge from those of the public.
- RECOGNITION BY THE GOVERNMENT:
Within the Indian context, the government designates some communities as
Scheduled Tribes according to the Constitution's specified criteria.

TRIBALS IN INDIA
 Many different tribal or indigenous communities, formally referred to as
Scheduled Tribes, can be found in India. These communities are dispersed
throughout the nation's states and areas, greatly adding to India's ethnic and
cultural variety. Around 8.6% of India's population, or more than 700
Scheduled Tribes, were living there as of my most recent information update
in January 2022.

Here are some prominent tribal communities in India:

- GOND
Among the biggest and most well-known tribal communities in India is the
Gond tribe. They are concentrated in the central and eastern sections of the
nation, especially in Madhya Pradesh, Chhattisgarh, Maharashtra, Andhra
Pradesh, Telangana, and some areas of Odisha. The Gond people have a rich
cultural history that includes unique dance, music, art, and traditions.

- SANTHAL
One of the biggest and most well-known tribal groups in India is the Santhal
tribe. The Santhal people, who are mostly found in the states of Jharkhand,
West Bengal, Bihar, Odisha, and Assam, have a rich cultural history and a
unique way of life.

- BHIL
One of the biggest tribal groups in India is the Bhil tribe, which is mostly
found in the western and central regions of the nation. They are dispersed
throughout several states, including areas of Chhattisgarh, Rajasthan,
Gujarat, Madhya Pradesh, and Maharashtra. The Bhil people have a
distinctive way of life, rich traditions, and a distinct cultural identity.
Here are the approximate ST population figures and their percentages to the
total population for a few states in India:

Madhya Pradesh: There are approximately 15.6 million ST people living

there, making up roughly 21% of the state's overall population.

Maharashtra: There are over 10.1 million ST people living there, making up
9% of the state's total population.

Orissa (Odisha): About 9.2 million ST people live in Orissa (Odisha), which
makes up about 23% of the state's total population.

Gujarat: There are over 8.7 million ST people living there, which accounts
for 15% of the state's total population.

Rajasthan: The ST population is estimated to be 8.3 million, making up

roughly 13% of the state's overall population.

Jharkhand: There are about 8 million ST people living there, making up

about 27% of the state's overall population.

Chhattisgarh: About 7 million ST people live in Chhattisgarh, making up

about 32% of the state's total population.
 HISTORICAL BACKGROUND

Tribal groups in India have a rich and varied history that dates back thousands of
years. These groups, who go by the names Scheduled Tribes or Adivasis, have
unique histories, dialects, and traditions. An outline of the historical background of
tribal people in India is provided below:

- ANCIENT PERIOD:
Since prehistoric times, tribes have lived on the Indian subcontinent.
Numerous members of these societies worshipped the natural world and
coexisted peacefully with it.

- VEDIC PERIOD:
Tribal communities were mentioned in the Vedic writings as existing in
different locations of ancient India. For instance, tribes like the Sabaras and
Pulindas are mentioned in the Rigveda.

- MAURYAN & GUPTA EMPIRES:

Certain tribal groups were integrated into the mainstream of civilization
throughout the Mauryan and Gupta periods through the process of state
construction and integration. Many indigenous tribes did, however, manage
to hold onto their unique identities.

- MEDEIVAL PERIOD:
Numerous regional kingdoms and empires rose to power during the
medieval era. A degree of autonomy from the centralized political systems
was maintained by tribal people, who frequently lived in hilly and forested
areas.

- COLONIAL ERA:
Tribal communities were greatly impacted by British colonial control. Many
tribes' traditional ways of existence were disturbed by forest regulations,
land dispossession, and commercial exploitation. Tribal societies were also
impacted by the spread of Christianity and the implementation of new
income systems.
- REBELLIONS & MOVEMENTS:
Numerous tribal movements and uprisings took place in opposition to
colonial policy. Among these was the Santhal Rebellion of 1855–1856,
which took place in modern-day Jharkhand and was led by the Santhal tribe.

- POST-INDEPENDENCE PERIOD:
The Indian Constitution acknowledged the necessity of safeguarding the
rights and welfare of tribal communities following the country's 1947
independence. The Constitution contains unique provisions for the
governance of tribal lands in the Fifth and Sixth Schedules.
 DISCUSSION & ANALYSIS

Examining a range of factors is necessary to fully understand the circumstances

surrounding India's tribal groups, including their socioeconomic standing,
sense of cultural identity, availability of healthcare and education, rights to
their land, and political representation. This is a thorough analysis:

Socio-Economic Status:
- Economic marginalization: Many tribal communities have restricted access
to markets, resources, and employment prospects. Their economic fragility
has been exacerbated by land alienation, which frequently results from
development projects.
- Poverty: Due to issues with income inequality and limited access to essential
services, a sizeable section of the tribal community lives in poverty.
Cultural Identity:
- Threats and Preservation: Although tribal cultures are highly valued,
indigenous customs are in danger from modernization and globalization. It is
imperative to make efforts to achieve a balance between welcoming progress
and protecting cultural assets.
Education:
- Access to Education: Historically, it has been difficult to provide high-
quality education in many tribal regions. Tribal people' literacy rates are
impacted by persistent gaps in access to education, despite efforts to
alleviate the situation.
- Cultural Relevance: To meet the needs of tribal pupils, educational programs
must be made sure to be sensitive to and relevant to their culture.
Healthcare:
- Health Disparities: Access to healthcare is typically uneven for tribal groups.
Health difficulties are exacerbated by cultural differences, geographic
isolation, and a lack of infrastructure for healthcare.
Land Rights:
- Land Displacement: Tribal populations have been forced off their ancestral
lands because of infrastructural development, mining operations, and
development projects. One crucial issue is securing and recognizing land
rights.
- Forest Rights: Although the Forest Rights Act (2006) attempts to rectify past
injustices concerning forest land, it is still difficult to put into practice
effectively.
Political Representation:
- Underrepresentation: Tribal tribes have always had a low representation in
governmental institutions. The goal of initiatives to improve political
representation is to rectify this imbalance, which includes reservations in
legislative bodies.
Development Projects:
- Impact on Livelihood: Although they aid in economic expansion, large-scale
development initiatives frequently negatively impact indigenous people's
means of subsistence. One of the main challenges is balancing development
with the defense of indigenous rights.
- Participatory Development: Sustainable development requires inclusive and
participatory development techniques that include tribal populations in the
decision-making process.
 IMPACT

India's tribal population has a wide range of effects on the nation's

sociocultural, political, and economic spheres. The following are some
important domains where the existence and contributions of tribal societies
have had a noteworthy influence:

CULTURAL DIVERSITY

Preserva5on of Cultural Heritage Fes5vals and Celebra5ons

India's tribal popula5on significantly India's cultural calendar is not complete

adds to the cultural variety of the without tribal fes5vals and celebra5ons.
na5on. India's cultural diversity is Ac5vi5es that highlight the rich cultural
enhanced by their unique languages, legacy of the Naga tribes, like as the
artwork, music, dance, and ancient Hornbill Fes5val in Nagaland, draw
customs. interest from both domes5c and foreign
audiences.
 AGRICULTURE & FOOD SECURITY

Tradi5onal Farming Prac5ces Biodiversity in Agriculture

Tribals use dis5nc5ve farming methods

By growing a range of customary crops,
that are tailored to their surroundings.
tribes frequently support agricultural
Their communi5es have been supported
biodiversity. Food resilience in the face of
for genera5ons by methods like shiSing
shiSing clima5c condi5ons depends on
agriculture, or jhum cul5va5on, which
this variety.
also helps to ensure local food security.

ARTS & CRAFTS

Tradi5onal Art Forms Economic Contribu5on

Tribal ar5sts are well-known for their

Many tribal ar5sans rely on sales of their
tradi5onal pain5ng, weaving, ceramic,
artwork and products to support their
and beading techniques. Tribal cultural
lifestyles. These tradi5onal abili5es are
manifesta5ons such as Gond art, Warli
maintained in part by ini5a5ves that
pain5ng, and Dokra metal making have
support the sale of na5ve items.
become interna5onally recognized.
CONSTITUTIONAL PROTECTION TO TRIBALS IN INDIA
- Articles 15(4) and 16(4): The state may establish specific measures for the
advancement of socially and educationally disadvantaged groups, such as
Scheduled Tribes (STs), under these provisions.

- Article 17: "Untouchability" is abolished. This article is pertinent for

discussing societal discrimination that tribal communities may experience,
even if it is not specifically about tribal communities.

- Article 19(5): To safeguard the interests of Scheduled Tribes, the State may
place reasonable limitations on the enjoyment of the right to freedom of
movement and residence.

- Article 46: The State shall protect the Scheduled Castes and Scheduled
Tribes from social injustice and all types of exploitation and shall give
special attention to the educational and economic interests of the poorer
segments of the population.

- The Fifth Schedule and Article 244: These clauses address the management
and sovereignty of Scheduled Areas and Scheduled Tribes. The governor of
any state that has designated zones is endowed with specific authority to
control and limit land transfers as well as money loans to Native Americans.

- Article 275(1): Allocates funds to the states for the betterment of Scheduled
Tribes and other marginalized groups.

- Forest Rights Act (2006): While not an article of the Constitution, this law is
significant for tribal rights. It recognizes the rights of forest-dwelling
Scheduled Tribes and other traditional forest dwellers to land and forest
resources.

- Panchayats (Scheduled Areas Extension) Act of 1996: This law, which isn't
an article, guarantees tribal people' self-governance and allows the
Panchayati Raj system to be extended to scheduled regions.
 - Sixth Schedule: Assam, Meghalaya, Tripura, and Mizoram's tribal territories
are to be administered under this schedule. It gives these tribes' tribal
councils the authority to run their own affairs.

Learning Outcomes
Knowledge and Understanding:

• Students will acquire knowledge about the diverse tribal communities in India,
including their geographical distribution, cultural practices, and historical backgrounds.
• Learners will understand the impact of historical periods such as the Vedic,
Mauryan & Gupta Empires, colonial era, and post-independence on the tribal
communities.

Cultural Appreciation:
• Participants will develop an appreciation for the rich cultural heritage of
prominent tribal groups like Gond, Santhal, and Bhil, including their unique traditions,
art, music, and dance.
• Students will recognize the importance of preserving and respecting the cultural
identity of tribal communities amidst modernization and globalization.

Historical Awareness:
• Learners will gain insight into the historical evolution of tribal societies in India,
from ancient times through the medieval period, colonial era, and post-independence.
• Students will understand the role of tribal movements and uprisings, such as the
Santhal Rebellion, in shaping the trajectory of tribal communities.

Socio-Economic Issues:
• Participants will analyze and comprehend the socio-economic challenges faced by
tribal communities, including economic marginalization, poverty, and issues related to
land rights and displacement.
• Students will explore the impact of development projects on the livelihoods of
indigenous people and the need for inclusive and participatory development.
Legal and Constitutional Framework:
• Learners will be familiar with the constitutional protections provided to tribal
communities in India, as outlined in Articles 15(4), 16(4), 17, 19(5), 46, and other
relevant provisions.
• Participants will understand the significance of acts like the Forest Rights Act
(2006) and the Panchayats (Scheduled Areas Extension) Act of 1996 in safeguarding
tribal rights.
Critical Analysis and Discussion:
• Students will develop critical thinking skills by analyzing the impact of tribal
communities on India's sociocultural, political, and economic spheres.
• Participants will engage in discussions on the challenges faced by tribal
communities and explore potential solutions for addressing their socio-economic and
political disparities.
 Conclusion

In conclusion, the exploration of tribal communities in India offers a multifaceted

understanding of their rich cultural heritage, historical evolution, and contemporary
challenges. The provided learning outcomes underscore the importance of acquiring
knowledge about the diverse tribal groups, fostering cultural appreciation, and
recognizing the socio-economic issues they confront. The historical journey, from ancient
times through colonialism to post-independence, reveals the resilience of tribal identities
amidst external influences. Learners are encouraged to critically analyze the impact of
development projects, understand constitutional protections, and engage in discussions
about the complex issues faced by tribal communities. Ultimately, this learning
experience aims to instill a comprehensive awareness that goes beyond factual
knowledge, fostering empathy, cultural sensitivity, and a commitment to addressing the
socio-economic disparities faced by India's tribal populations.

Furthermore, delving into the historical backgrounds and constitutional protections

emphasizes the intricate tapestry of India's tribal societies. The learning outcomes also
stress the importance of acknowledging the legal frameworks in place to safeguard the
rights of these communities, showcasing the ongoing commitment to social justice and
economic well-being. The emphasis on critical analysis and discussion encourages
learners to go beyond surface-level understanding, fostering a deeper appreciation for the
complexities of tribal life in the face of modernization and globalization.

In essence, the provided learning outcomes aim to empower individuals not only with
knowledge but with the skills to navigate the nuanced socio-cultural landscape of tribal
communities. As we strive for inclusive development, it becomes imperative to recognize
the unique challenges faced by tribal populations and work collectively towards creating
a more equitable and culturally sensitive society. The journey through this educational
experience is not just a study of facts but a call to action for informed, empathetic, and
socially responsible engagement with India's diverse tribal heritage.

Moreover, the learning outcomes underscore the significance of cultural preservation

amidst the forces of globalization. By recognizing the threats to indigenous customs and
the importance of balance between progress and cultural heritage, learners are
encouraged to contribute to the preservation of these unique identities. The focus on
socio-economic issues prompts reflection on the disparities faced by tribal communities,
inspiring a commitment to addressing economic marginalization, poverty, and land rights
issues through informed and inclusive strategies.
Additionally, the learning outcomes highlight the role of education in bridging gaps and
empowering tribal populations. The call for educational programs that are culturally
relevant demonstrates the importance of creating learning environments that respect and
incorporate the diverse cultural backgrounds of tribal students. Similarly, the discussion
on healthcare disparities emphasizes the need for culturally sensitive approaches to
address the unique health challenges faced by tribal groups.

In conclusion, this educational journey aims not only to inform but also to inspire action
and empathy. It calls upon learners to be advocates for social justice, custodians of
cultural diversity, and contributors to the holistic development of India's tribal
communities. Through understanding, appreciation, and engagement, individuals can
play a vital role in shaping a more inclusive and equitable future for all.