Scheduled Tribes are entitled to every fundamental right, and the Constitution adds special protection so that historical exclusion is not repeated. The aim is dignity, land and forest rights, self-governance in scheduled areas, and a fair share in education and public employment.
Article 46 directs the State to promote the educational and economic interests of Scheduled Castes and Scheduled Tribes and to protect them from social injustice and exploitation. Articles 15(4) and 16(4) allow special provisions and reservation. Articles 330 and 332 reserve seats in the Lok Sabha and State Assemblies. Article 338A provides for the National Commission for Scheduled Tribes.
Main legal protections
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Fifth and Sixth Schedules. These govern administration of scheduled areas and tribal areas, including Tribal Advisory Councils and protection of customary law in the North-East.
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PESA Act, 1996. In scheduled areas, the Gram Sabha must be consulted on land acquisition, minor minerals, and local plans. Traditional dispute resolution is recognised.
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Forest Rights Act, 2006. Forest-dwelling Scheduled Tribes and other traditional forest dwellers can claim individual and community rights over forest land they have lived on and protected.
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SC/ST (Prevention of Atrocities) Act, 1989. This law punishes caste and tribe based violence, humiliation, wrongful dispossession, and interference with legal rights, and provides relief and a special court.
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Land laws. Many States restrict transfer of tribal land to non-tribals. A sale or mortgage made in breach of those laws can be challenged.
NHRCCB supports tribal families facing eviction, denial of forest rights, atrocity, or exclusion from schools and welfare schemes. A complaint can be filed with the details of the village, the land or forest record, and any notice already received from the administration.
