What is government policies towards tribal populations
The Constitution of India provides specific measures for the protection and promotion of the social and economic interests of the Scheduled Tribes (STs). These include: reservation of seats in the legislature, educational institutions, services and posts, a tribal development program and provisions for autonomy.
Reservation in the Legislature: The Constitution of India ensures the political representation of Scheduled Tribes in the Lower House (Lok Sabha) of the Parliament and in the State Legislative Assemblies through reserved seats.
Reservation in Educational Institutions and Services: Article 15(4) of the Indian Constitution provides for the reservation of seats for Scheduled Tribes in educational institutions. In order to improve the social situation of the tribal people, the government has, in addition to quotas in education, also designed a reservation policy for employment in government services. Depending on the respective positions, posts reserved for members of "Scheduled Tribes" are either in proportion to the tribal population of the state in question, or – in most cases – comprise 7.5% of the total number of government jobs.
Constitutional Provisions for Tribal Self Rule: Geographical areas designated as Fifth and Sixth Scheduled areas by independent India are identical to those already delineated by the British as Scheduled Areas. Article 244(i) provides for a Fifth Schedule that can be applied to any state other than those of North-East India. This Schedule has been termed a "Constitution within the Constitution". Under this Schedule, the governors of the states in question have been given extensive powers, and may prevent or amend any law enacted in the parliament or the state assembly that could harm the tribals' interests. The Sixth Schedule is supposed to be informed by the ethos of self-management. The Schedule currently operates in the tribal-dominated areas of North-East India: Karbi Anglong and North Cachar districts in Assam; Khasi Hills, Jaintia Hills and Garo Hills districts in Meghalaya; Chakma, Lai and Mara districts in Mizoram; and Tripura tribal areas in Tripura state. Each Scheduled Tribe area covered by the Sixth Schedule has an Autonomous District Council with legislative, executive and judicial powers.
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996: This act is aimed primarily at promoting village-level democracy through the Panchayat Raj institutions. It includes changes aimed at adapting the generally established system for use in the Scheduled Areas, which have a different socio-economic and politico-administrative setting.
The National Commission for Scheduled Castes and Tribes: Article 338 of the Constitution provides for the appointment of a Special Officer for Scheduled Tribes and Castes by the President, who is commissioned to investigate and report to the President on all matters relating to the constitutional safeguards on Scheduled Tribes and Castes. A National Commission for Scheduled Castes and Scheduled Tribes was subsequently created to take over these responsibilities.
Promotion of the economic and educational interests of the Scheduled Tribes and their protection from social injustice and exploitation are enshrined as a national goal in article 46 of the Constitution. Realizing that earlier programs under the central government's Five-Year Plans had failed to address the development needs, marginalization and exploitation of tribal communities, the Tribal Sub-Plan (TSP) was devised as a new strategy in the Fifth Five-Year Plan in 1973. It is still the approach that guides development programs in tribal areas. Its main objectives are to eliminate exploitation, to speed up social and economic development, and to promote and improve the organisational capacity of tribal people.
Wide-ranging sector programs in tribal areas have been implemented since the launch of the TSP by the different line agencies, with both state and central government funds. The focus has thus far clearly been on the development of physical infrastructure and on establishing and improving service institutions.
On a state level, the departments in charge of tribal affairs vary, i.e. a separate department has not been created in all cases but tribal issues usually come under the Ministry of Welfare. On a national level, a separate ministry, the Ministry of Tribal Affairs, has been created.
In December 2006 a Forest Rights Bill was passed by the Parliament and a few days later ratified by the Upper House of the Parliament. It is now pending at the office of the President for final approval. Under this Bill, the forest dwellers will receive ownership rights, including the right to farm on small plots and to sell forest produce such as honey, wax, medicinal plants and herbs. The passing of the Bill is seen as a victory of the people, especially the Indigenous Peoples, but not without a flaw that has the potential of becoming fatal. The final decision to recognize the forest dwellers lies with the bureaucrats not with the Village Council (Gram Sabha) as recommended by the Joint Parliamentary Committee (JPC). Other recommendations of the JPC were also not taken into consideration, the most fatal of them being the deletion of the rights of the forest dwellers to fuelwood. This is seen by the people as a way of asking people to leave the forest. The traditional right to hunting wild animals and fishing have met the same fate.