Answer:
Approach:
Introduction
- Give a brief description of the concept of Schedule Tribes.
Body
- Mention about the major provisions for STs in the Constitution of India.
Conclusion
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Introduction:
Scheduled Tribes are those groups of tribes who are listed in the Constitution as tribes and thus enjoy special protection. Scheduled Tribes, as a term, was introduced as part of the Government of India Act, 1935.
No specific criteria is mentioned under the Constitution for listing any particular community as a tribe under the Constitution. Article 342 states that the President by public notification would specify the tribes or tribal communities to be deemed as scheduled tribes in relation to that state or Union Territory.
Generally, the Scheduled Tribes are characterized by distinct culture, geographical isolation, backwardness in living and primitive traits. They are vulnerable to the influence of mainstream society. Thus, the Constitution aims to protect their identity using the means available with the State.
Body:
Major provisions:
- Educational, Economic and Public Employment-related Safeguards
- Article 15(4): Reservation for STs in educational institution has been provided under Article 15(4)
- Article 16: Reservation in posts and services and in matters of promotion has been provided in Article 16(4), 16(4A) and 16(4B) of the Constitution.
- Article 23 which prohibits traffic in human beings and beggars and other similar forms of forced labor has a special significance for Scheduled Tribes.
- Article 46: Promotion of Educational and Economic interests of Scheduled Tribes – It provides that the State shall promote with special care the educational and economic interests of the Scheduled Tribes and shall protect them from social injustice and all forms of exploitation.
- Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts
- Political Safeguards
- Article 330 and 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and Legislative Assemblies of the States respectively
- Article 243D: Reservation of seats (in Panchayats)
- Agency for monitoring safeguards
- Article 338A: National Commission for Scheduled Tribe (NCST) – It is the body tasked to oversee the implementation of various safeguards provided to STs under the Constitution or under any other law for time being in force and to evaluate the working of such safeguards.
Conclusion:
These are some of the provisions for the protection and development of scheduled tribes in our constitution. These tribes have been facing many challenges but the government of India has been taking measures to ensure the inclusive development of scheduled tribes in the country and promote the vision of “Sabka Sath and Sabka Vikas”.
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