Abstract

In order to protect the tribal rights, land and property and to preserve the distinct culture and way of life of tribals, the successive governments have provided several constitutional provisions and accepted the need of allowing them to develop in their own genius. But the governments have consciously overlooked the provisions and ignored the rights of tribals in an inhuman manner. Instead of implementing them, the state has imposed general administrative set- up and general rules that are not applied in the Scheduled Areas. And the tribal rights have been systematically deprived in every aspect of their life.

Methods: Interview and observation methods were chiefly employed to gather information of the present subject of study. Interview was carried out with the help of interview schedule prepared for the purpose. Besides these, survey of the most affected area was done to collect the data. After that the analysis of data was done using the grounded theory approach.

Finding: In collusion with state and local administration, the development agencies have violated the constitutional safeguards and the tribal rights are undermined in every aspect.As a result, tribals, even after several years of independence, continue to remain backward and live in abject poverty. They are socially and economically marginalized and morally facing downward mobility path. This has also accompanied with psychological marginalization that is being expressed in a drop in social status and self-image.

Conclusion

The Fifth Schedule of the Constitution is regarded as ‘the Constitution within Constitution’. It is the rights of most underprivileged tribal communities of the country, which is recognized by all. But when these rights are denied, they can cause grave harm to the community. Without recognizing the rights of tribals, no development models can ensure their socio-economic security and cultural identity. Therefore, as citizens of country tribals are to be done justice and their rights respected.

Introduction

Tribals constitute 8.6 percent of India’s population (Census 2011). Tribals are mostly concentrated in the hill regions of country where they live and sustain themselves from the forest produce and other seasonal cultivation. In the hill region of Jharkhand, the major tribes such as; Oraons, Mundas and Santhals, Hos, Kharias etc. reside and maintain their distinct way of life different from that of mainland population. They have their own social and economic activities and cultural heritage.

Recognizing the distinct culture and way of life of tribals, the successive governments have provided several constitutional provisions and accepted the need of allowing them to develop in their own genius. These provisions cover every aspect of their life, which are meant to give tribals a space to pursue their development in accordance with their own cultural ethos. They are also meant to protect their homeland, language and culture, economic activities that have kept them distinct from the other mainstream societies. The main measures recognized by the independent Indian government are: Fifth Schedule Areas Act, PESA, 1996 and Forest Rights Act, 2006. These Acts were enacted after long struggle by tribals of the country. They were considered to be vital to the tribals, addressing their needs and daily necessities of life.

But the custodians of the constitution have violated the provisions in every way possible. Even after sixty seven years of independence, the governments have consciously overlooked the provisions and ignored the rights of tribals in an inhuman manner. Instead of implementing them, the state has imposed general administrative set- up that is not applied in the Scheduled Areas. This has caused great harm to the tribal communities of Jharkhand. In this paper, the attempt has been made to highlight some of the constitutional safeguards that have been knowingly violated by the government authorities. It has also aimed at pointing out the impact of serious violation of the legal rights of tribals of Scheduled Areas.

Methodology

Jharkhand is a plateau region covering the districts of Santhal Pargana and North and South Chotanagpur. It has 21 districts of which 12 districts come under the Fifth Scheduled Area. The plateau begins with about 2000 ft. high and reaches up to 4000ft. from the sea level. The geographical formation of Jharkhand region provides it with rich mineral resources like coal, iron, copper, mica, gold, limestone, bauxite etc. India’s major mineral resources are located in Jharkhand. The region is also blessed with rich varieties of plants and trees. Most of these vegetations are used as nutritious food by the tribals of this region. Sal, Gamhar and Bija are found in abundance and famous for commercial purpose.

The origins of major tribal communities of Jharkhand are not known for certain, but linguistically they can be divided into two main groups. One group consists of tribes such as; the Munda, Santhal and Ho that speak languages from the Mundari or Asiatic group and are thought to come from Central Asia. The other group consists of tribes that speak languages belonging to the Dravidian group, namely the Oraon, Male Paharia and Dhanger Kisan. These tribes are thought to originate from South India ( Roy: 1985, Kujur: 1989).

The tribal community of Jhakhand is basically communitarian, egalitarian and close to nature. The individual interest always remains subordinate to the collective interest and welfare. Land, water and forest are given by God, so the tribal consider that they have inalienable rights over the