Que. What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs)? (150 words, 10 Marks)

UPSC CSE : 2017

Answer: 

Approach:

Introduction

  • Define the concept of Scheduled Tribe.

Body

  • Mention two legal (i.e., a law has been passed by Parliament) initiatives for STs which target discrimination against STs.

Conclusion

  • Conclude stating that the initiatives have flaws but is a step in the right direction for upliftment of STs.

Introduction:

Since ancient times, Scheduled Tribes (STs) have faced cultural discrimination and socio-political and economic exploitation. Consequently, the majority of them suffer from the problems of health, nutrition, education and income.

The Constitution of India has several provisions to prevent discrimination against people belonging to Scheduled Tribes and to protect their rights.

Body:

Apart from these, the Government of India has taken up many legal initiatives for preventing discrimination against STs. The most significant ones among them are Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 2015 and Panchayat (Extension to the Scheduled Areas), Act, 1996.

  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015:-
    • The STs face peculiar atrocities like accusation of witchcraft, disrobing of women and sexual harassment, defiling their sacred places and forest deities, imposing social or economic boycott, abusing them through words, acts or gesture, etc.
    • The Act seeks to prevent the commission of atrocities against the members of the Scheduled Castes and the Scheduled Tribes.
    • All offenses under the Act are cognizable and there is no provision of anticipatory bail.
    • The act provides for Special Courts for the trial of such offenses and for the relief and rehabilitation of the victims of such offenses and for matters connected.
  • Forest Rights Act, 2006:
    • The ST population lives a life that is heavily dependent on forests for a variety of needs, including livelihood, habitation and other sociocultural needs. Their displacement from forests disturbs all aspects of their life, yet they were discriminated against in matters of rehabilitation and compensation.
    • FRA recognises the rights of forest-dwelling tribal communities to forest resources.
    • They are granted ownership for land that is actually being cultivated by the family apart from rights to Minor Forest Produce.
    • By ensuring their right to forest land, their cultural aspects are also protected.

Conclusion:

These two legal initiatives have perhaps played the greatest role in addressing the concerns and in protecting the rights and cultures of the tribal groups in India.

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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