{"id":56333,"date":"2020-03-02T10:57:08","date_gmt":"2020-03-02T05:27:08","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=56333"},"modified":"2020-03-02T10:57:10","modified_gmt":"2020-03-02T05:27:10","slug":"answered-what-are-the-major-legal-initiatives-by-india-since-independence-addressing-discrimination-against-scheduled-tribes-sts","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-what-are-the-major-legal-initiatives-by-india-since-independence-addressing-discrimination-against-scheduled-tribes-sts\/","title":{"rendered":"[Answered] What are the major legal initiatives by India since Independence addressing discrimination against Scheduled Tribes (STs)?"},"content":{"rendered":"\n
\n Demand of the question<\/strong>\n Introduction.\n <\/strong>Contextual introduction.\n Body.\n <\/strong>Discuss various Constitutional and legal safeguards\n since Independence addressing discrimination against Scheduled Tribes.\n Conclusion.\n <\/strong>Way forward.\n <\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

The scheduled castes and scheduled tribes\nhave faced historical discrimination based on caste and tribe lines. They are\neducationally backward and neglected due to lack of awareness among the groups.\nThe Constitution of India has several provisions to prevent discrimination\nagainst people belonging to Scheduled Tribes and to protect their rights.\nIndian government has been working in the direction of their upliftment since\nindependence.<\/p>\n\n\n\n

Constitutional\nsafeguards: <\/strong> <\/p>\n\n\n\n

  1. Provisions to prohibit discrimination: <\/strong>Article\n15 prohibit discrimination on grounds of religion, race, caste, sex or place of\nbirth. Similarly under Article 17 of the Indian constitution untouchability is\nabolished. <\/li>
  2. Equal opportunities: <\/strong>Article 16 pertains\nto equality of opportunity in matters of public employment. Article 46 promotes\neducational and economic interests of scheduled castes, scheduled tribes and\nother weaker sections. <\/li>
  3. Safeguard of Tribal Interests:<\/strong> Under\nArticle 19 (5), while the rights of free movement and residence throughout the\nterritory of India and of acquisition and disposition of property are\nguaranteed to every citizen, special restrictions may be imposed by the state\nfor the protection of the interests of any Scheduled Tribe. For example state\nmay impose restrictions on owning property by non tribals in tribal areas.<\/li>
  4. Minister in-charge of tribal welfare:<\/strong>\nArticle 164 It provides for a Minister-in-charge of tribal welfare in the\nstates of MP, Chhattisgarh, Orissa and Jharkhand. These states have substantial\ntribal populations and special provision of a Minister looking after tribal\nwelfare is an evidence of the concern of the framers of the constitution for\nsafeguarding the interests of Scheduled Tribes.<\/li>
  5. National Commission for Scheduled Tribes: <\/strong>As per Article 338-A of the Constitution of India, the National\nCommission for Scheduled Tribes has been set-up to, inter-alia, investigate and\nmonitor all matters relating to the safeguards provided for the Scheduled\nTribes under the Constitution or under any other law. It also inquire into\nspecific complaints with respect to the deprivation of rights and safeguards of\nthe Scheduled Tribes.  <\/li><\/ol>\n\n\n\n

    Major\nlegal initiatives for addressing discrimination against Scheduled Tribes:<\/strong><\/p>\n\n\n\n

    1. Protection of Civil Rights Act, 1955:<\/strong> In\norder to stop practice of untouchability the Protection of Civil Rights Act,\n1955 has been enacted. This Act provides assistance to the States and\nUnion Territories for the implementation of the constitutional provisions for\nthe Scheduled Tribes. It also provides funding for the states to assist victims\nof atrocities and for the provision of incentives for the creation of special\ncourts, inter-caste marriages and awareness generation.<\/li>
    2. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)\nAct, 1989:<\/strong> This act was enacted in order to prevent\nthe commission of offences of atrocities against the members of the Scheduled\nCastes and the Scheduled Tribes. The act provides for Special Courts for the\ntrial of such offences and for the relief and rehabilitation of the victims of\nsuch offences and for matters connected.<\/li>
    3. Panchayats (Extension to the Scheduled Areas) Act, 1996:<\/strong> It was enacted in order to provide for the extension of the\nprovisions of Part IX of the Constitution relating to the Panchayats to the\nScheduled Areas. <\/li>
    4. Recognition of Forest Rights Act, 2006:<\/strong>\nThe act was enacted to recognize and vest the forest rights and occupation in\nforest land in forest dwelling scheduled tribes and other traditional forest\ndwellers who have been residing in such forests for generations.<\/li><\/ol>\n\n\n\n

      Government has adopted a multi-pronged\nstrategy for overall development and mainstreaming of tribal people in the\ncountry, which includes support for education, health, sanitation, water\nsupply, skill development, livelihood, infrastructure, etc. Major part of\ninfrastructure development and provision of basic amenities in tribal areas in\nthe country is carried out through various schemes of Central Ministries and\nthe State Governments concerned.<\/p>\n","protected":false},"excerpt":{"rendered":"

      Demand of the question Introduction. Contextual introduction. Body. Discuss various Constitutional and legal safeguards since Independence addressing discrimination against Scheduled Tribes. Conclusion. Way forward. The scheduled castes and scheduled tribes have faced historical discrimination based on caste and tribe lines. They are educationally backward and neglected due to lack of awareness among the groups. The… Continue reading [Answered] What are the major legal initiatives by India since Independence addressing discrimination against Scheduled Tribes (STs)?<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-56333","page","type-page","status-publish","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/56333","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=56333"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/56333\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=56333"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}