Que. Article 244 of Indian Constitution relates to Administration of Scheduled areas and tribal areas. Analyze the impact of non-implementation of the provisions of fifth schedule on the growth of Left- Wing Extremism. (200 words, 10 Marks)

UPSC CSE : 2013

Answer:

Approach:

Introduction

  • Begin with a brief explanation of Article 244 of the Indian Constitution and its significance.

Body

  • Mention the key provisions under the Fifth Schedule.
  • Discuss the impact of the non-implementation of the Fifth Schedule on the growth of LWE.

Conclusion

  • Conclude by reinforcing the link between non-implementation of the Fifth Schedule and the growth of LWE, and the need for its complete implementation to counter LWE effectively.

Introduction:

Article 244 of the Indian Constitution pertains to the administration of Scheduled Areas and Tribal Areas in India. The non-implementation of provisions under the Fifth Schedule, meant for the administration and control of Scheduled Areas and Scheduled Tribes, has had significant implications for the growth of Left-Wing Extremism (LWE) in India.

Body:

Key Provisions under Fifth Schedule:

  • Governor’s Report and Discretionary Powers:
    • The governor has discretionary powers to apply laws in the Scheduled Areas and is required to annually submit a report to the President regarding the administration of such areas.
    • However, many states have failed to submit these reports, leading to a lack of oversight and accountability.
  • Tribes Advisory Council:
    • Each state having Scheduled Areas is required to establish a Tribes Advisory Council to advise on matters pertaining to the welfare and advancement of the Scheduled Tribes.
    • However, in several states, these councils are either defunct or fail to have substantive impact due to a lack of resources and support.
  • Prohibition of Land Transfer:
    • The Fifth Schedule prohibits the transfer of tribal land to non-tribals without the consent of the tribal community.
    • Despite this, illegal land acquisitions continue to be reported, often facilitated by local administrative loopholes.

Impacts of Non-Implementation:

  • Economic Alienation:
    • Non-implementation often leads to economic alienation due to the lack of proper development programs.
    • In parts of Chhattisgarh and Jharkhand, this has created fertile ground for LWE ideologies to proliferate.
  • Land Alienation:
    • Failure to implement protective measures has led to alienation of tribals from their lands.
    • For example, in Odisha, illegal mining activities have displaced tribal communities, giving rise to grievances exploited by LWE groups.
  • Cultural Alienation:
    • Inadequate recognition and protection of tribal culture can lead to marginalization.
    • The case of the Baiga tribe in Madhya Pradesh, who faced forced sterilization under family planning programs, illustrates how cultural insensitivity can drive tribal populations towards extremist ideologies.
  • Political Alienation:
    • Poor implementation of provisions like the Panchayats (Extension to Scheduled Areas) Act, 1996, can lead to political disempowerment.
    • In Jharkhand, tribal communities have protested against amendments to the Chotanagpur and Santhal Pargana Tenancy Acts, which they believe undermine their political rights, fueling the appeal of LWE.

Conclusion:

The non-implementation of the Fifth Schedule provisions has inadvertently contributed to the rise of Left-Wing Extremism by fostering conditions of alienation and marginalization. To counter LWE, it is essential to fully implement these provisions, ensuring economic development, land security, cultural protection, and political empowerment for the tribal population.

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UDAAN PRELIMS WALLAH
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Designed as per recent trends of Prelims questions
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