UPSC Mains Answer: What are the two major legal initiatives by the State since Independence, addressing discrimination against Scheduled Tribes (STs) ? (150 words)

Difficulty Level: Medium

Sub-category: Post-Independence Consolidation and Reorganisation (Indian Society and Social Justice)

Introduction

Since Independence, the Indian State has undertaken several legal initiatives to address historical discrimination and socio-economic marginalisation of Scheduled Tribes (STs). Two major legal interventions stand out for their transformative impact on tribal rights and empowerment.

Body

1. The Constitution (Scheduled Tribes) Order, 1950: This foundational legal measure, issued under Article 342 of the Constitution, officially identified and listed Scheduled Tribes across India. It enabled the extension of protective discrimination policies, including reservations in education, employment, and legislative bodies, ensuring political representation and socio-economic upliftment. The Order was pivotal in recognising tribal communities as distinct socio-cultural groups deserving of affirmative action.
2. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA): The FRA marked a paradigm shift by legally recognising the rights of STs and forest-dwelling communities over forest land and resources. It addressed historical injustices, including forced displacements and denial of traditional rights, by granting individual and community forest rights. The Act empowered tribal communities to manage and conserve forests, aligning with their traditional knowledge and sustainable practices. It also provided a legal framework to challenge illegal evictions and promote inclusive development.

Conclusion

These legal initiatives reflect the State’s commitment to rectifying historical injustices and fostering inclusive growth for STs. While challenges in implementation persist, such measures have laid the groundwork for tribal empowerment and the protection of their cultural and ecological heritage.