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Understanding the Special Status and Autonomy of Tribal Areas in India

Syllabus:

• GS – 2 –Schedule five and six , Tribal welfare , Federalism

Why In News?

• Recently, regions like Ladakh have demanded inclusion under the Sixth Schedule to safeguard their unique identity and address governance challenges. The demand for greater autonomy is not limited to Ladakh but extends to other northeastern states such as Arunachal Pradesh and Manipur.

Focus:

• This article explores the intricacies of the special status sought by Ladakh under the Sixth Schedule of the Indian Constitution. It examines the historical background, current issues, and legal provisions governing tribal areas, including the Fifth and Sixth Schedules. Furthermore, it discusses the challenges faced in ensuring true autonomy for these areas and addresses the need for reforms in tribal governance, particularly in the context of northeastern states and other tribal regions in India.Top of Form

Introduction:

• India’s tribal areas, particularly those governed by the Fifth and Sixth Schedules of the Constitution, have long been afforded special status to protect their indigenous cultures, rights, and autonomy.
• This article delves into the legal provisions, historical context, and ongoing issues in the administration of these tribal areas.

The Concept of Asymmetrical Federalism in India:

• Definition: Asymmetrical federalism refers to a system where certain states or regions enjoy greater autonomy or special powers compared to others.
• Examples: India’s federal structure incorporates asymmetry through various provisions like the Fifth and Sixth Schedules, which provide different levels of autonomy to tribal regions.
• Unlike classical federations such as the United States or Australia, where states possess uniform powers, India’s federalism allows for differentiated governance to accommodate ethnic, cultural, and regional diversity.

The Historical Roots of the Fifth and Sixth Schedules:

• British Colonial Policies:
• Initial Tribal Autonomy: Before British rule, tribal populations largely governed themselves, practicing customary laws and managing their lands and resources autonomously.
• Impact of Early British Policies: British colonial laws, such as the imposition of forest regulations, severely restricted tribal access to their lands, leading to discontent and a series of tribal uprisings, including the Kol Rebellion (1831), Santhal Revolt (1855), and Munda Rebellion (1899-1900).
• Government of India Act, 1935:
• Excluded and Partially Excluded Areas: The British responded to these rebellions by creating provisions for “Excluded” and “Partially Excluded Areas” under the Government of India Act, 1935. These regions were governed with minimal interference, allowing for the preservation of tribal traditions and lifestyles.
• Governor’s Role: The Act gave Governors significant powers over tribal areas, including the ability to exclude central or provincial laws from being applied in these regions or modify them based on the region’s needs.

Legal Provisions Under the Fifth and Sixth Schedules of the Indian Constitution:

• Fifth Schedule:
• Applicable States: The Fifth Schedule applies to areas classified as “Scheduled Areas” in states such as Chhattisgarh, Jharkhand, Odisha, and Maharashtra, which have a significant tribal population.
• Governor’s Powers: The Governor, with the approval of the President, holds the authority to regulate land transfers, oversee the welfare of tribal communities, and manage resources in these areas. The Governor can also declare central or state laws inapplicable in these regions or modify them.
• Tribal Advisory Councils (TACs): These councils, comprising tribal representatives, advise on policies and development programs related to the welfare of Scheduled Tribes (STs).
• Sixth Schedule:
• States Covered: The Sixth Schedule is applicable in the tribal regions of Assam, Meghalaya, Mizoram, and Tripura.
• Autonomous District Councils (ADCs): ADCs have legislative, judicial, and executive powers, granting significant autonomy to the tribal regions. These councils can create laws on land use, marriage, inheritance, and social customs.
• Governor’s Role: While ADCs have law-making powers, the Governor retains the authority to approve these laws, limiting the complete autonomy of tribal areas.
• Local Governance: ADCs have the power to administer local schools, hospitals, and infrastructure projects, making them key players in regional governance.

Challenges Facing the Fifth and Sixth Schedules:

• Autonomy in Practice:
• Governor’s Discretion: While the Fifth and Sixth Schedules offer autonomy on paper, the final approval of regulations by the Governor and, by extension, the central government, undermines this autonomy.
• Political Influence: Different political alignments between the state, the center, and ADCs can further erode the intended autonomy of these tribal regions, causing delays or alterations in governance decisions.
• Lack of Adequate Representation:
• Underrepresented Tribes: Several tribes in states not included in the Fifth Schedule are denied constitutional safeguards, leaving them vulnerable to exploitation and underdevelopment. These tribes often lack access to the legal protections available to their counterparts in scheduled areas.
• Infrastructure and Development Gaps:
• Underdevelopment: Despite special provisions, tribal areas often lag in terms of economic development, education, and healthcare. The lack of adequate infrastructure such as roads, schools, and healthcare facilities hampers overall development.
• Resource Management Issues: Inadequate resources and a lack of effective governance in these regions often lead to mismanagement, corruption, and failure in delivering benefits to the tribal communities.
• Financial Constraints:
• Lack of Financial Autonomy: ADCs and other tribal councils often face financial limitations, restricting their ability to implement projects or undertake development initiatives. Additionally, they depend on central or state governments for funding, which can further reduce their autonomy.

The Special Provisions for Northeastern States:

• Apart from the Fifth and Sixth Schedules, certain northeastern states such as Nagaland, Mizoram, and Manipur enjoy additional protections under Article 371 of the Indian Constitution.
• These provisions ensure the protection of customary laws, land ownership rights, and local governance structures, which are critical in preserving the unique identities of these states.

Recent Demands for Inclusion Under the Sixth Schedule:

• Ladakh’s Demand:
• Context: After being declared a Union Territory in 2019, Ladakh’s leaders have sought inclusion under the Sixth Schedule to protect the region’s distinct cultural identity, preserve tribal autonomy, and prevent demographic changes.
• Concerns: Leaders fear that the influx of outsiders may erode the region’s cultural heritage and lead to land alienation if constitutional safeguards are not provided.
• Other Regions:
• Arunachal Pradesh and Manipur: Both states have also witnessed growing demands for inclusion under the Sixth Schedule, with tribal communities seeking greater control over their land, resources, and governance.

Reforms and the Way Forward:

• Decentralized Decision Making: The autonomy granted under the Fifth and Sixth Schedules needs to be more robust. Clearer guidelines should be established to reduce the influence of the central government and Governors in day-to-day governance.
• Inclusion of New Areas: Several tribes in states not currently covered by the Fifth Schedule, including Himachal Pradesh, West Bengal, and Uttarakhand, demand recognition as scheduled areas to avail of constitutional protections.
• Pending Constitutional Amendments: The 125th Constitutional Amendment Bill, 2019, seeks to grant more financial and administrative powers to ADCs, enabling them to exercise greater control over regional development. This bill must be passed promptly to empower ADCs.

Addressing Resource Conflicts:

• Forest Rights Act (2006): Proper implementation of the Forest Rights Act across all tribal areas, including those covered under the Fifth and Sixth Schedules, is crucial to ensure that tribals retain control over forest resources.

Conclusion:

• The special status granted to tribal areas under the Fifth and Sixth Schedules of the Indian Constitution is a critical tool for preserving indigenous cultures, securing land rights, and ensuring local governance.
• However, in practice, the autonomy of these regions is often curtailed by bureaucratic hurdles, political interference, and financial constraints.
• Recent demands from regions like Ladakh and other northeastern states for inclusion under the Sixth Schedule underscore the need for reforms to strengthen tribal autonomy.
• Expanding constitutional protections, enhancing governance structures, and empowering ADCs financially and administratively are essential steps toward achieving the intended goals of these provisions.

Associated Article

https://universalinstitutions.com/sixth-schedule/

Source :The Hindu

Mains UPSC Question GS 2

“Discuss the significance of the Fifth and Sixth Schedules of the Indian Constitution in safeguarding the autonomy of tribal areas. What challenges do these areas face in ensuring full autonomy, and what reforms are necessary to address these issues?” (250 words).