UPSC Previous Year Question | Mains GS1 | 2017

What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs)? (150 words, 10 marks)

Answer

Introduction

Independent India addressed tribal discrimination through constitutional protection and special legislation. Together, these initiatives sought to prevent exclusion, protect land and forest-linked livelihoods, and enable political representation and development.

Constitutional Initiative

  • Articles 15(4), 16(4), 46 and 244 provide protective discrimination, educational and employment safeguards, and administration through Fifth and Sixth Schedules.
  • Reserved seats, special administrative arrangements and the National Commission for Scheduled Tribes operationalise representation and oversight.

Statutory Initiative

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 criminalises violence, humiliation, dispossession and social exclusion, with special courts and enhanced safeguards. The Panchayats (Extension to Scheduled Areas) Act, 1996 strengthens Gram Sabha control over resources, consultation and local governance in Scheduled Areas.

Assessment

These measures are major legal responses, but weak implementation, displacement, land alienation and under-reporting persist. Effective justice requires accessible institutions, community consent, accountable administration and secure customary rights.

Keywords

Keywords: tribal rights, constitutional safeguards, Scheduled Tribes

Topics: constitutional safeguards, indian polity, scheduled tribes, tribal rights