CONSTITUTIONAL SAFEGUARDS

The Indian Constitution provides various fundamental rights to all citizens, including the
tribal population. Some of the fundamental rights that specifically deal with the tribal
population are:
1. Article 14 of the Indian Constitution guarantees the right to equality before the law
and equal protection of the law to all persons within the territory of India, including
the tribal population. With respect to the tribal population, Article 14 prohibits the
government from making any law that discriminates against them on the basis of their
tribe, race, or place of birth. It ensures that every individual, regardless of their tribal
identity, is equal before the law, and no one is above the law.
2. Article 15 of the Indian Constitution prohibits discrimination on the grounds of
religion, race, caste, sex, or place of birth. Article 15(4) provides for special
provisions that allow the state to make special provisions for the advancement of any
socially and educationally backward classes, including the tribal population. These
special provisions can include reservation of seats in educational institutions and
government jobs, and the establishment of special laws and schemes for their socio-
economic development.
3. Article 16 of the Indian Constitution guarantees equality of opportunity for all
citizens in matters of employment or appointment to any office under the state. Article
16(4) provides for the reservation of posts in government services for the socially and
educationally backward classes of citizens, including the tribal population. This
provision enables the state to provide affirmative action and reservation to ensure that
the tribal population has access to equal opportunities in government employment.
4. Article 17 of the Indian Constitution prohibits the practice of untouchability in any
form. Article 17 provides a constitutional safeguard against any form of
discrimination or exclusion based on their social or cultural background. Article 17
also provides for the abolition of untouchability, which includes any practice that is
derogatory to the dignity of any individual on the grounds of their caste or tribe.
5. Article 23 of the Indian Constitution prohibits trafficking in human beings and
forced labour. The tribal population is vulnerable to exploitation and abuse due to
their socio-economic conditions and cultural background. They are often subject to
forced labor, including bonded labor, which is a form of modern-day slavery.
6. The Indian Constitution's Fifth Schedule outlines the procedures for managing and
governing India's Scheduled Areas. Scheduled Areas are places where tribal people
predominate and have historically experienced deprivation and marginalisation.
The Governor of a state has the authority to designate specific areas as Scheduled
Areas under the Fifth Schedule. In the Scheduled Areas, Tribal Advisory Councils
may also be established under this provision. The Tribal Advisory Councils facilitate
the tribal population's participation in the decision-making process and provide advice
to the state government on issues pertaining to their welfare and development. It
outlaws the sale of tribal territory to non-tribal individuals and the alienation of tribal
land. Additionally, it forbids displacing indigenous members from their homes
without providing fair recompense.
7. Sixth schedule of the constitution of India. The north-eastern Indian tribal regions
are governed and administered under the Sixth Schedule of the Indian Constitution.
 The states of Assam, Meghalaya, Tripura, and Mizoram, which have sizable
indigenous populations and have historically been marginalised and underprivileged,
are included by the Sixth Schedule. By creating autonomous district councils with
unique powers, the Sixth Schedule gives the tribal population some degree of
authority over their government and development. The elected Autonomous District
Councils (ADCs) are administrative entities with financial, executive, and legislative
authority.
The ADCs have the authority to enact legislation pertaining to a variety of issues,
including as land, forests, local administration, and social norms. In the autonomous
districts, they also have the authority to charge and collect taxes, fees, and royalties.
Additionally, the ADCs have the authority to create village councils, which are
essential to the management of the autonomous districts. The formation of a Regional
Council, made up of the state's ADC delegates, is another provision of the Sixth
Schedule. On issues pertaining to the welfare and development of the tribal
community in the state, the Regional Council provides advice to the Governor.
Apart from constitutional safeguards there are political safeguards provided to the tribal
people in India are aimed at ensuring their political representation, participation, and
autonomy. The Constitution provides for the reservation of seats in the Lok Sabha (lower
house of the Indian Parliament) given in article 330 and the State Legislative Assemblies
for the Scheduled Tribes (STs) giving in article 332. This ensures that the tribal
population has adequate representation in the legislative bodies and their voices are heard
in the decision-making process. The Constitution also provides for the reservation of seats
in the local bodies, such as the Panchayats and Municipalities, for the STs. This enables
them to participate in the grassroots level of governance and decision-making.

LEGAL SAFEGUARDS
There are several legal safeguards provided for tribal people in India to protect their rights
and interests. Some of the key legal safeguards are:
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006- The Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act, is a
landmark legislation in India that seeks to recognize and vest forest rights and occupation
in forest land in forest-dwelling Scheduled Tribes (STs) and other traditional forest
dwellers (OTFDs).
The act was passed in 2006 and came into effect in 2008, after decades of advocacy and
struggles by forest-dwelling communities, who have been living in and dependent on
forests for generations but were never granted legal recognition of their rights.
The Panchayats (Extension to Scheduled Areas) Act, 1996 commonly known as PESA,
is a legislation in India that extends the provisions of the 73rd Constitutional Amendment
to the Scheduled Areas. Scheduled Areas are regions that are inhabited predominantly by
Scheduled Tribes, which are officially recognized as marginalized and vulnerable
communities.
The main objective of PESA is to empower and strengthen local self-governance
institutions in the Scheduled Areas, particularly the Gram Sabha or village councils, and
to safeguard the traditional rights of tribal communities over their natural resources. The
PESA is a significant legislation that aims to address the historical injustices faced by
tribal communities in India by giving them a greater say in the management and
governance of their resources and promoting their overall development.
The Forest (Conservation) Act, 1980 is an important environmental legislation in India
that was enacted to regulate the diversion of forest lands for non-forestry purposes. The
main objective of the act is to conserve and protect the forests and wildlife resources of
the country by ensuring the judicious utilization of forest lands and promoting sustainable
development.
The Land Acquisition, Rehabilitation, and Resettlement Act, 2013 is an important
legislation in India that regulates the process of acquisition of land for public purposes by
the government or private entities. The main objective of the act is to ensure that the
process of land acquisition is fair, transparent, and participatory and that the affected
people are adequately compensated and rehabilitated.
The Indian Forest Act, 1927 is a significant legislation in India that regulates the
management of forests and the trade in forest produce. The act was enacted during the
British colonial period to consolidate and update the various forest laws that were in force
at that time.