Unit 4: The constitutional safeguards for the ScheduledTribes
The constitutional safeguards for Scheduled Tribes
(STs) in India are a set of protective measures designed to uplift and empower
tribal communities. Anthropology sheds light on these safeguards by examining
their historical context, legal provisions, and implications for tribal
development. Here's a detailed explanation:
1. Scheduled Tribes (STs) and Their Special Status:
Scheduled Tribes are identified as historically
disadvantaged and marginalized communities in India. They have been subjected
to socio-economic and cultural disadvantages for centuries due to the
caste-based hierarchical system. The Indian Constitution recognizes the need
for special provisions to address their unique vulnerabilities.
2. Fifth Schedule of the Constitution:
The Fifth Schedule of the Indian Constitution is
dedicated to the administration and control of Scheduled Areas and Scheduled
Tribes. It designates certain regions with a significant tribal population as
Scheduled Areas, where the administration must take into consideration the
customs, traditions, and culture of the tribal communities. The Governor of the
state has special powers to regulate and control these areas.
3. Sixth Schedule of the Constitution:
The Sixth Schedule applies to specific areas in the
northeastern states of India. It provides autonomy to the tribal communities in
these areas by establishing autonomous councils with legislative and executive
powers. These councils ensure the protection of tribal rights and their
involvement in decision-making processes.
4. Tribal Advisory Councils (TACs):
In states having Scheduled Areas, Tribal Advisory
Councils are established to advise on matters related to the welfare and
development of the Scheduled Tribes. These councils play a vital role in
safeguarding the rights and interests of tribal communities.
5. Prohibition of Alienation of Tribal Land:
The Constitution prohibits the transfer of tribal
land to non-tribal individuals or communities in Scheduled Areas. This
safeguards tribal land rights and prevents exploitation and dispossession of
tribal communities from their traditional lands.
6. Forest Rights Act, 2006:
The Forest Rights Act recognizes and vests forest
rights and occupation of forest land in forest-dwelling Scheduled Tribes and
other traditional forest dwellers. It provides legal recognition of their land
rights, prevents displacement, and promotes sustainable forest management
practices.
7. Educational and Economic Safeguards:
The Constitution ensures the educational and
economic development of STs by providing for reservation in educational
institutions and government jobs. Special scholarships and financial assistance
are also provided to support their education and skill development.
8. Panchayats (Extension to Scheduled Areas) Act,
1996:
This act empowers tribal communities in Scheduled
Areas by providing autonomy to local self-governance institutions. It
recognizes their traditional customs, laws, and community practices, allowing
them to make decisions that suit their cultural context.
9. Protection from Exploitation and Discrimination:
The Constitution prohibits the practice of
untouchability and enforces measures to prevent exploitation and discrimination
against STs. Any act that discriminates against them is punishable by law.
10. Cultural and Social Safeguards:
The Constitution recognizes the preservation of
tribal culture and language as essential. It guarantees the right of STs to
conserve their distinctive heritage, traditions, and lifestyle.
11. National Commission for Scheduled Tribes (NCST):
The NCST monitors the implementation of these
constitutional safeguards and evaluates their impact on the development of
Scheduled Tribes. It ensures that their rights and welfare are safeguarded.
These constitutional safeguards underscore the
commitment of the Indian Constitution to addressing historical injustices and
promoting the well-being of Scheduled Tribes.
Certainly, here are multiple-choice questions
(MCQs) along with their answers related to the constitutional safeguards for
Scheduled Tribes according to anthropology:
Constitutional Safeguards for Scheduled Tribes:
1. The constitutional safeguards for Scheduled
Tribes in India are designed to address their:
a) Economic advantages
b) Social prominence
c) Historical disadvantages
d) Urban lifestyles
Answer: c) Historical disadvantages
2. Which Schedule of the Indian Constitution deals
with the administration of Scheduled Areas and Scheduled Tribes?
a) First Schedule
b) Fourth Schedule
c) Fifth Schedule
d) Ninth Schedule
Answer: c) Fifth Schedule
3. The Sixth Schedule of the Indian Constitution
applies to which regions of India?
a) Western states
b) Southern states
c) Northern states
d) Northeastern states
Answer: d) Northeastern states
4. Tribal Advisory Councils (TACs) are established
to advise on matters related to the welfare and development of Scheduled Tribes
in:
a) Urban areas
b) Rural areas
c) Scheduled Areas
d) Coastal areas
Answer: c) Scheduled Areas
5. The Constitution prohibits the transfer of
tribal land to non-tribal individuals or communities in:
a) All regions of India
b) Rural areas
c) Urban areas
d) Scheduled Areas
Answer: d) Scheduled Areas
6. The Forest Rights Act, 2006 recognizes the
rights of forest-dwelling Scheduled Tribes and other traditional forest
dwellers to:
a) Exploit forest resources
b) Ensure environmental conservation
c) Forest management by non-tribal
communities
d) Forest rights and occupation of
forest land
Answer: d) Forest rights and
occupation of forest land
7. Reservation in educational institutions and
government jobs is a constitutional safeguard for the:
a) Upper castes
b) Scheduled Castes
c) Scheduled Tribes
d) General population
Answer: c) Scheduled Tribes
8. The Panchayats (Extension to Scheduled Areas)
Act, 1996 empowers tribal communities in Scheduled Areas by granting autonomy
to:
a) Central government
b) Local self-governance institutions
c) Private corporations
d) Urban centers
Answer: b) Local self-governance
institutions
9. The Constitution prohibits the practice of
untouchability and enforces measures to prevent exploitation and discrimination
against:
a) Upper castes
b) Lower castes
c) Scheduled Castes
d) Scheduled Tribes
Answer: d) Scheduled Tribes
10. Which constitutional safeguard ensures the
protection of tribal culture and language?
a) Cultural Recognition Act
b) Tribal Preservation Act
c) Linguistic Diversity Act
d) Constitution of India
Answer: d) Constitution of India
11. The National Commission for Scheduled Tribes
(NCST) is responsible for monitoring the implementation of constitutional
safeguards and evaluating their impact on the development of:
a) Urban areas
b) Scheduled Castes
c) General population
d) Scheduled Tribes
Answer: d) Scheduled Tribes
12. The constitutional safeguards for Scheduled
Tribes underline the commitment of the Indian Constitution to:
a) Promoting urbanization
b) Maintaining the status quo
c) Addressing historical injustices
d) Excluding tribal communities
Answer: c) Addressing historical
injustices
13. The constitutional safeguards for Scheduled
Tribes emphasize protection from:
a) Economic challenges
b) Cultural preservation
c) Modernization
d) Historical disadvantages
Answer: d) Historical disadvantages
14. The Sixth Schedule of the Constitution provides
autonomy to tribal communities in which regions of India?
a) Western states
b) Southern states
c) Northern states
d) Northeastern states
Answer: d) Northeastern states
15. Tribal Advisory Councils (TACs) are established
to advise on matters related to the welfare and development of Scheduled Tribes
in:
a) Urban areas
b) Rural areas
c) Scheduled Areas
d) Coastal areas
Answer: c) Scheduled Areas
16. The Constitution prohibits the transfer of
tribal land to non-tribal individuals or communities in:
a) All regions of India
b) Rural areas
c) Urban areas
d) Scheduled Areas
Answer: d) Scheduled Areas
17. The Forest Rights Act, 2006 recognizes the
rights of forest-dwelling Scheduled Tribes and other traditional forest
dwellers to:
a) Exploit forest resources
b) Ensure environmental conservation
c) Forest management by non-tribal
communities
d) Forest rights and occupation of
forest land
Answer: d) Forest rights and
occupation of forest land
18. Reservation in educational institutions and
government jobs is a constitutional safeguard for the:
a) Upper castes
b) Scheduled Castes
c) Scheduled Tribes
d) General population
Answer: c) Scheduled Tribes
19. The Panchayats (Extension to Scheduled Areas)
Act, 1996 empowers tribal communities in Scheduled Areas by granting autonomy
to:
a) Central government
b) Local self-governance institutions
c) Private corporations
d) Urban centers
Answer: b) Local self-governance
institutions
20. The Constitution prohibits the practice of
untouchability and enforces measures to prevent exploitation and discrimination
against:
a) Upper castes
b) Lower castes
c) Scheduled Castes
d) Scheduled Tribes
Answer: d) Scheduled Tribes
21. Which constitutional safeguard ensures the
protection of tribal culture and
language?
a) Cultural Recognition Act
b) Tribal Preservation Act
c) Linguistic Diversity Act
d) Constitution of India
Answer: d) Constitution of India
22. The National Commission for Scheduled Tribes
(NCST) is responsible for monitoring the implementation of constitutional
safeguards and evaluating their impact on the development of:
a) Urban areas
b) Scheduled Castes
c) General population
d) Scheduled Tribes
Answer: d) Scheduled Tribes
23. The constitutional safeguards for Scheduled
Tribes underline the commitment of the Indian Constitution to:
a) Promoting urbanization
b) Maintaining the status quo
c) Addressing historical injustices
d) Excluding tribal communities
Answer: c) Addressing historical
injustices
24. The constitutional safeguards for Scheduled
Tribes emphasize protection from:
a) Economic challenges
b) Cultural preservation
c) Modernization
d) Historical disadvantages
Answer: d) Historical disadvantages
25. The Sixth Schedule of the Constitution provides
autonomy to tribal communities in which regions of India?
a) Western states
b) Southern states
c) Northern states
d) Northeastern states
Answer: d) Northeastern states
26. Tribal Advisory Councils (TACs) are established
to advise on matters related to the welfare and development of Scheduled Tribes
in:
a) Urban areas
b) Rural areas
c) Scheduled Areas
d) Coastal areas
Answer: c) Scheduled Areas
27. The Constitution prohibits the transfer of
tribal land to non-tribal individuals or communities in:
a) All regions of India
b) Rural areas
c) Urban areas
d) Scheduled Areas
Answer: d) Scheduled Areas
28. The Forest Rights Act, 2006 recognizes the
rights of forest-dwelling Scheduled Tribes and other traditional forest
dwellers to:
a) Exploit forest resources
b) Ensure environmental conservation
c) Forest management by non-tribal
communities
d) Forest rights and occupation of
forest land
Answer: d) Forest rights and
occupation of forest land
29. Reservation in educational institutions and
government jobs is a constitutional safeguard for the:
a) Upper castes
b) Scheduled Castes
c) Scheduled Tribes
d) General population
Answer: c) Scheduled Tribes
30. The Panchayats (Extension to Scheduled Areas)
Act, 1996 empowers tribal communities in Scheduled Areas by granting autonomy
to:
a) Central government
b) Local self-governance institutions
c) Private corporations
d) Urban centers
Answer: b) Local self-governance
institutions
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