The Constitution of India contains special provisions for the welfare and protection of Scheduled Tribes (STs), also known as Adivasis or tribal communities. These provisions are aimed at addressing historical social and economic disadvantages faced by Scheduled Tribes. The key constitutional provisions for Scheduled Tribes are:
1. Article 15(4) and 46:
· Similar to Scheduled Castes, Article 15(4) allows the State to make special provisions for the advancement of socially and educationally backward classes, including Scheduled Tribes. Article 46 directs the State to promote the educational and economic interests of Scheduled Tribes.
2. Article 17:
· Article 17 of the Constitution declares the practice of untouchability as unconstitutional. Untouchability is abolished, and its practice in any form is forbidden, which includes protection for Scheduled Tribes.
3. Article 19(5):
· Article 19(5) allows the State to make laws for the protection of the interests of Scheduled Tribes in the exercise of their rights to reside and settle in any part of the country.
4. Article 46:
· Article 46 directs the State to promote the educational and economic interests of Scheduled Tribes, Scheduled Castes, and other weaker sections and protect them from social injustice and exploitation.
5. Article 330:
· Article 330 provides for the reservation of seats for Scheduled Tribes in the House of the People (Lok Sabha), ensuring political representation.
6. Article 332:
· Article 332 provides for the reservation of seats for Scheduled Tribes in the Legislative Assemblies of the States, ensuring political representation at the state level.
7. Article 334:
· Article 334 originally provided for the reservation of seats for Scheduled Tribes and Scheduled Castes in the Lok Sabha and State Assemblies, but this provision was gradually amended to extend the period for reservation.
8. Article 335:
· Article 335 ensures that the claims of Scheduled Tribes and Scheduled Castes to services and posts in connection with the affairs of the Union or a State shall be taken into consideration consistently with the maintenance of efficiency.
9. Article 338A:
· Article 338A, inserted by the 102nd Constitutional Amendment Act, 2018, deals with the National Commission for Scheduled Tribes, providing for the same functions as Article 338 but for Scheduled Tribes.
10. Article 342:
· Article 342 empowers the President to specify the Scheduled Tribes for each state and union territory, allowing for the identification of communities eligible for reservation and other benefits.
11. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006:
· While not a constitutional provision, this Act recognizes and vests the forest rights and occupation in forest land in forest-dwelling Scheduled Tribes and other traditional forest dwellers.
These constitutional provisions aim to protect the interests of Scheduled Tribes, ensure their representation in various spheres, and promote their overall development and well-being. Various policies and schemes have been implemented by the government to implement these constitutional provisions effectively.
