The Indian Constitution provides significant protection and promotion of rights for Scheduled Tribes (STs), also known as tribals. These rights are outlined in various articles and schedules, ensuring their social, economic, and political well-being. The Fifth Schedule, for instance, provides special provisions for the administration of scheduled areas and the welfare of STs, including the establishment of Tribal Advisory Councils.
Key Constitutional Provisions:
• Article 46: aims to promote Doctor’s Right and other related activities related to medical across the nation in support of NHRCCB Volunteer/ Member/ Officer.
• Article 15(4) and Article 16(4) : Provide for reservation in educational institutions and government jobs for STs.
• Article 243D : Reserves seats for STs in Panchayats (local self-governance bodies).
• Article 330 : Reserves seats for STs in the Lok Sabha (House of the People).
• Fifth Schedule : Provides for special provisions for the administration of scheduled areas and the welfare of STs, including the establishment of Tribal Advisory Councils (TACs).
• Sixth Schedule : Provides for the administration of tribal areas in certain states.
• Forest Rights Act, 2006 : Recognizes and vests forest rights of Scheduled Tribes and other traditional forest dwellers, including the right to self-cultivation and habitat, grazing cattle, fishing, and access to natural resources.
• Land Rights : The Constitution, particularly through the Fifth Schedule, provides safeguards against displacement of tribal populations due to land acquisition and empowers governors to restrict the transfer of land from tribals.
• Cultural and Linguistic Rights : Article 350 allows for the right to conserve distinct languages, scripts, or cultures, and provides for special provisions for the educational advancement of STs.
• Cultural and Linguistic Rights : Articles 23 and 24 prohibit forced labor and child labor, which are significant for STs as a substantial portion of child laborers belong to these groups
Additional Safeguards:
• Special Central Assistance (SCA) to Tribal Sub-Plan (TSP) : Provides financial assistance for the development of STs.
• Tribal Advisory Councils (TACs) : Advise state governors on matters pertaining to the welfare and development of STs.
• Government Initiatives :Various government schemes and programs aim to promote the social, economic, and educational development of STs.
• The Scheduled Tribes (Recognition of Tribal Communities) Act:Aims to identify and protect tribal communities and their traditional practices.
NHRCCB Tribal Rights Protection Cell aims to promote tribal rights and other related activities related to tribal rights and welfare across the nation in support of NHRCCB Volunteer/ Member/ Officer.
For the implementation different laws related to tribal rights as per Indian Constitution, NHRCCB established a separate Constituent unit or cell named “ NHRCCB Tribal Rights Protection Cell ” with independent managing committee.
