Friday, 26 January 2018

Indian constitution and violation of tribal Rights



Introduction
                 For the legal term, see Scheduled Tribes  .Adivasi is an umbrella term for a heterogeneous set of ethnic and tribal groups claimed to be the aboriginal population of India. They comprise a substantial indigenous minority of the population of India. Adivasi societies are particularly present in Andhra Pradesh, Bihar, Chhattisgarh, Gujarat, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Tamil Nadu, West Bengal and some north-eastern states, and the Andaman and Nicobar Islands. Many smaller tribal groups are quite sensitive to ecological degradation caused by modernization. Both commercial forestry and intensive agriculture have proved destructive to the forests that had endured wideness agriculture for many centuries. And   The Constitution of India, Article 366 (25) defines Scheduled Tribes as "such tribes or tribal communities or part of or groups within such tribes or tribal communities as are deemed under Article 342 to the scheduled Tribes (STs) for the purposes of this Constitution". In Article 342, the procedure to be followed for specification of a scheduled tribe is prescribed. However, it does not contain the criterion for the specification of any community as scheduled tribe.  The terms "aborigines" or "tribes", the word "adivasi" has developed a connotation of past autonomy which was disrupted during the British colonial period in India and has not been restored. WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a 1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the 2[unity and integrity of the Nation];IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of November, 1949, do HEREBY ADOPT,ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. Indian constitution is very very important but the constitution of India not implement. So Adivasi are social, economic, political, education, Religion not develop in India because forest, water, land control the ruling government of India. And the 5th and 6th schedule of the Indian constitution provides some special rights to the tribal population for preservation of their culture and their overall development. According to the 73rd and 74th amendment of Indian constitution, Municipal Corporation and Panchayti Raj system cannot function in the Scheduled area of 9 Indian states. Also the PPESA ACT 1996 is not being implemented in scheduled areas. So again the constitution of India and violation of tribal Rights. 

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