Protection of Rights of the Scheduled Tribes in India with Special
Reference to Chenchu Tribes in Kurnool District Of Andhra Pradesh
Introduction
The principle of social justice demands that the marginalized sections of the people be
given protection and preferential treatment for furthering their progress and development. The
Tribals of India constitute one such group who must be supported and protected by the State.
However, due to peculiar social and geographical structure of India, it is found that the Tribal
community have been exploited, discriminated against, and ostracized - socially, economically
and politically from as far back as the Vedic times. Before the independence, the British
Government was only discussing the issues of tribal development and practically did nothing
either to face them or to solve them.
The only thing the British did was that, they kept the Tribals away from the contact of the
civilized people. The British followed their so-called “policy of giving special protection” to the
Tribals until the Government of India Act, 1935 came into force. Afterwards, although the
elected provincial legislative bodies were established, some tribal areas known as “the excluded
areas” were brought under the direct control of the British Governor.
The British policy of separating the Tribals from the rest of the people created suspicion
in the minds of the nationalists. They severely criticized the British policy and charged the
British with preventing a large section of our countrymen from joining the mainstream of
national life. “In practice what happened was that the tribes were isolated and then left to
stagnate, halting the evolving process of cultural fusion.”
Independent India has been paying due attention to the problems of the scheduled tribes
and attempts are being made to deal effectively with those problems. The creation of an
egalitarian social order with equity for all sections of the society, free from any form of
discrimination on grounds of religion, race, sex or place of birth is the cherished goal of our
nation enshrined in the Constitution. Equity for the weaker sections of the society, therefore, is
the moving spirit of the constitutional scheme and permeates the same. The Scheduled Castes
and Scheduled Tribes Orders (Amendment) Act, 1976, listed the scheduled tribes of each state
and Union Territory. The list for Andhra Pradesh includes 33 tribes.
It all began with the decennial census after independence. Census commissions in
different states observed that certain groups of people particularly those living in hills and forests
did not fit into the general pattern of classification based on religion and caste.
These people came to be referred to as adivasis (early inhabitants), giri janas (mountain
people), and vanavasis (forest dwellers). The indigenous people, better known as tribal's, were
found to be characterized largely by egalitarian society, simple economic system with minimal
specialization of functions yet self-sufficient, deep religious, cultural and emotional affections
with their habitat, and relative isolation from the rest. of the world.
It is a fact that every tribal community is not classified as a scheduled tribe. A scheduled
tribe is one which has been given a place in the Schedule for the concerned state by the
President. That the President may specify the tribes or tribal communities or parts of or groups
within tribes or tribal communities which shall be deemed to be Scheduled Tribes in selection to
that state in consultation with the Governor of the state.
A tribal community in different parts of the country may not be accorded the Scheduled
Tribe status. A tribal community spreads out in two or more states may not be treated as
Scheduled Tribe everywhere. Even in a single state the social and economic condition of a
particular tribal community may vary widely.
It is, therefore, possible that a community may be assigned the Scheduled Tribe status
only in limited areas of districts in a state but not everywhere. It is not incumbent on the
President to provide special status to an entire community even within a state.
Some members of a community who start from the same base may diversify a great deal
from the parent group to an extent that they come to comprise a distinct, identifiable group. Such
groups may not be in need of special provisions.
An Overview of Tribes:
Tribals from the various segments of the weaker section are with their traditional skills
and resources. They are the most vulnerable sectors of the population and they are exploited by
the most age-old social and cultural handicaps coupled with environmental factors. In India, out
of around 700 tribal groups it is estimated that there are 75 Primitive Tribal Groups (PTG) who
are in small numbers. These groups are under threat for their survival. These PTGs include Great
Andamanese, Onge, Jarawa, Shompen, Sentinel of Andaman and Nicobar Islands, Cholanakians,
Kadars of Kerala, Kurumbas of Tamilnadu,Bondo of Odisha, Kamara of Madhya Pradesh,Bihor
of Bihar,Yenadis and Chenchu tribe of Kurnool district of Andhra Pradesh. This group of the
population is facing the survival.
Significance of the Topic:
The study on “Protection of Tribal Rights” is very important because more than 8.6% of
the total population of India is tribals and the development of the country depends on rural
development. It is impossible for the State to provide financial assistance to all scheduled tribes,
giving those cash to improve their economic conditions. Therefore, the constitutional legislators
have adopted many provisions to establish reservations in education and employment. When
these groups obtain benefits from this protection, they automatically appear without the
assistance or help of anyone. Once these groups have used this protection, our country achieves
the status of any developed country. But it is unfortunate to say that the recognized tribes are still
unaware of their protection and are unaware of how to obtain those benefits, due to problems
such as poverty, illiteracy, interference from intermediaries, lack of government will, etc. Due to
these factors, the indigenous people were unable to enjoy the benefits of their hard work.
Therefore, systematization by the Government is inevitable to provide the fruits of reservation to
those who really need it and exclude the advanced class from reservation. The present study
covers the relevant provisions of the Constitution of India and the actual implementation of those
provisions. This work highlights the obstacles that arise to materialize the constitutional
objectives of special treatment. The study would also highlight the role of the judiciary in
interpreting the clauses provided in the Constitution of India in favor of the scheduled tribes.
Through this study, an attempt is made to shed light on the constitutional protections and benefits
and the protection given to tribals under various laws.
Objectives of the study:
This research work has been carried out with the following objective
Trace the historical evolution of the Scheduled Tribes in India;
focus on the vision of “social justice” for scheduled tribes;
To know the effectiveness of the various constitutional provisions related to
Scheduled Tribes provided in the Constitution of India;
Examine how the Judiciary has interpreted Tribal Rights to expand their scope
and meaning;
Critically examine the causes why constitutional benefits are not effectively
reaching the people for whom they are intended;
Analyze the role of central and state government schemes for upliftment of tribal
rights.
Research Methodology:
Methodology of Work:
Research work presented on the topic is a doctrinal research. It is analytical
and non-empirical. The Judicial decisions, Articles from law journals, text books
of noted authors, contents of various legislations concerned with tribal welfare have
been comprehensively consulted and used. Research work has been done from
tracing the history of tribes and their development in India. Main focus is on
Constitutional provisions and legal perspectives of tribes in India. Although, the
researcher has not undertaken empirical study but he has personally visited the
tribal communities and interacted with tribal people and collected the data which is
been included the work. Above all he himself belongs to one of the tribal groups
and hence has included some of his own observations and experiences. The
hypothesis formulated for the topic has been tested.
Sources of Data:
The work includes both primary and secondary source. Direct interactions
with tribal people to get the factual situation of their socio-economic backwardness,
awareness of Constitutional and legal provisions, legislations, statutory rules,
programs and policies of the Government etc. have been taken as primary source.
Whereas, Journals, reports, current awareness, publications, legal periodicals,
websites, text books, hand books sponsored by the public offices have constituted
the secondary source.
Research Questions:
In this research work the researcher has identified the following problems, they
are;
Are the Majority of Scheduled Castes and Scheduled Tribes are aware of
Constitutional benefits provided to them?
i) Is the Judiciary, which is the protector and guarantor of Constitutional benefits,
has interpreted the Tribal Rights clause widely, so as to secure justice for
Scheduled Castes and Scheduled Tribes?
ii) Do the reservations to Scheduled Castes and Scheduled Tribes as enshrined in
Constitution of India has provided, is strictly implemented so as to secure them
economic justice and social democracy?
Research Hypotheses:
On the basis of preliminary observation to the problems of tribal rights the
following hypotheses have been formulated
i. The Constitutional benefits given to Scheduled Tribes are not properly
reaching them;
ii. Due to socio-economic development, modernization and globalization, tribal
culture of Yenadi tribe is on the verge of vanish;
iii. It appears that despite laws that prohibit tribal people from making
alienation of their land, Tribals are losing their land holdings in many cases;
iv. The low conviction rate show that inspite of Atrocities laws,25 protection of
Schedules Casts and Tribes is not satisfactorily implemented;
v. The outcome of the judicial adjudication indicates that, fraudulent
appointments based on fake caste certificates are taking place;
vi. Majority Scheduled Tribes are unaware of Constitutional benefits and State
welfare programs due to their ignorance and illiteracy.
Limitations of the Study:
The study is limited to Schedule Tribes as listed under the Scheduled Castes
and Scheduled Tribes Orders (Amendment) Act. 1976. Protection is discussed as
given under the Constitution of India. So far Special Legislations are concerned,
although there are number of statues and regulations only four main Acts are
discussed. Attempt is made to deal with almost all the welfare schemes adopted by
Central and State Government.
Literature Review:
Padmabhushan Vennalakanti Raghavaih- the said author had extensively dealt
with the origin, evolution, transformation and transitional phases that had transformed
from centuries to centuries and also dealt with social culture, marriages, habits and
traits, Anthropology and unique qualities and in a nutshell the literary work can be
described as an Academic Classic.
Binod C. Agarwal, - “Yanadi Response to Change: An Attempt in Action
Anthropology”- Author had focused on social transformation and evolution of Tribes
and the aspect of Anthropology, the literary work is a good appetite for a scholar.
N.Sudhakar Rao- “Ethnography of Nomadic Tribe” extensively deals with the
culture of tribes.
Kalyan Kumar, “A Special Reference to Chenchu and Yenadi Tribes” the Author
had given predominance importance to Chenchu and Yenadi Tribes and their evolution
and transitional phases of civilization.
Chiristoph von Furer-Haimendorf, -“Tribes of India: The Struggle for Survival”.
The author dealt extensively with primitive tribes in India, tribal groups and tribal social
formation.
DD Basu, “Constitution of India” - The author who authored constitutional
law had comprehensively dealt with various provisions of constitution in Academic way
and the implementation of constitution and its 70 years‟ experience and the fraud on the
constitution to defeat the goal of the framers of the Constitution was.
PM Bakshi, - “Constitution of India”, A Text book on constitution law of India
in a very lucid language and is helpful to both students and scholars to understand the
constitutional goals.
Dr. D.N. Majumdar, - “Races and Cultures of India”.An anthropologist, a
professional, the social reformer, and the politician, interested in India and in the
problems posed by its tribes and castes. The book published in 1961 is concerned with
Indian prehistory and racial groupings, ethnological concepts and ethnographic
data,caste and tribe in India and with directed culture change. Much ground is covered,
but for the most part the material is of an introductory nature.
S. C. Dube „The Kamar‟ was written at a crucial juncture in Indian history - the
end of colonial rule and the arrival of Indian independence. It is an important
ethnography of an exploited and marginalized tribe in transition and a formative text in
the history of Indian anthropology. Based on careful fieldwork and enlivened by
ethnographic sensitivity related to the author's long familiarity with region and subject,
the study presents a pioneering portrait of the Kamar, an adivasi community of hunter-
gatherers and shifting-cultivators of Chhattisgarh and Orissa. Combining brevity of
style, economy of expression, and simplicity of structure, in the book, Dube
discusses key themes in anthropology and sociology: economic life, social organization,
and customary law, myth, legend and ritual; religion, magic, and witchcraft; and
questions of 'cultural contact' and 'tribal adjustment'.
Scope of Study: The work is divided into seven chapters. The contents of these chapters
are briefly described as follows:
Chapter – I
Introduction, gives the outline of research work on the topic, “Protection of
Rights of the Schedule Tribes in India: with special reference to Chenchu tribe of
Kurnool district of Andhra Pradesh”. It highlights the significance of the topic, and
describes the justification for undertaking a research on the topic. The hypothesis
formulated for the purpose, the methodology followed for the purpose of research
and the aims and objectives of the work have been described.
Chapter – II
Historical evolution of tribes in India and their cultural heritage, traces the
origin of the tribes in India. The tribes in India form an important part of the total
population. It represents an element in Indian society which is integrated with the
culture mosaic of our civilization. The tribal population of India constitutes nearly
8.6% of the total population. Indian tribes are abstract sections which hold an
astounding number of tribal populations in the country, meticulously assimilating
each characteristic specialty „Tribes of Andhra Pradesh and their Cultural Heritage‟
have been discussed. The paradox, of course, is that while the researcher presents a
realistic as well as holistic picture. The study of tribal cultural heritage is very vast
and intricate. The natural and supernatural elements are amalgamated for
comprehensive world view and to be in sync with imponderable and understandable
forces in nature. In order to understand and study, these life Streaming forces
which are intimately connected in-depth studies are essential. Researcher made few
sincere attempts to bring out these vital aspects of the holistic ways of life of
tribal societies.
Chapter – III
„ Chenchu Tribes of Kurnool district of Andhra Pradesh- a Brief Study‟- this
chapter deals with the culture, living traits and other aspects of Chenchu tribe of
kurnool district in Andhra Pradesh. The tradition of Chenchu tribe as to their origin
is very vague. Some people call themselves the original inhabitants of the wilds in
the neighborhood of the Pulicat Lake, where they hunted and fished at will, until
they were enslaved by the Reddis. Others say that Reddi (or „Manchi good Chenchu
tribe were originally Chenchus, a small but superior class, and they fled from
oppression and violence from the mountains in the west, and amalgamated
themselves with the common Chenchu tribe. It may be safer to presume in the
absence of any historical or fossil evidence that the Chenchu tribe, like many other
South Indian jungle tribes, were indigenous peoples, but any similarities that might
exist between them and the primitive men of the neighboring countries are either
accidentals or environmental and that these common features do not necessarily
point to a transoceanic migration.
Chapter – IV
This chapter entitled as „Constitutional Provisions and Legal Perspectives
Related to Tribes‟, deals with the Constitutional Provisions available for the
Scheduled Tribes. There are many Articles in Constitution of India to protect the
rights of the tribes in India. The framers of the Constitution were anxious to ensure
the betterment of the Scheduled Tribes. Tribal people are simple, honest and native
by any yardstick of modern society. Besides, they have traditionally lived in close
contact with nature, in the hills and forests. Inthis sense, they are different from rest
of the mainstream people. They have historically tried to avoid contact with
“outsiders” to preserve their traditional community-based living in which they
feel more secure.
Chapter – V
This chapter “Special Legislations for Safeguarding the Personality and
Rights of Tribals” deals with various facets of application of Law to the Scheduled
Tribes and their benefits, short comings in the legislature and pragmatic outcome of
the implementation of the laws. The consequences and special privileges conferred
by virtue of judgments are comprehensively dealt with. The following are the few
illustrations touching upon the outcome of law. This chapter deals with land
acquisition of assigned lands and in the event of land acquisition compensation has
to be paid with on par to true owner. The Scheduled Castes Scheduled Tribe
(Prevention of Atrocities) Act 1989 deals with atrocities and punishment for the
respective offences. The Hindu personal laws like Hindu Succession Act 1956,
Hindu Marriage Act 1955 are not applicable to Tribals in view of statutory bar. The
A.P Scheduled Area Land Transfer Regulation Act, 1959prohibits transfer of land
in favour of non-tribal’s. Forest Dwellers (Recognition of Forest Rights) Act, 2006,
deals with conferring immunity to dwell upon Forest lands. Panchayat (Extension to
the Scheduled Areas) Act, 1996 protects from arbitrary acquisition of land and land
cannot be acquired without the approval of the Gram Sabha and 80% seats are
reserved for Tribals in Schedule V areas and the challenge was also held as intra
virus of the Constitution of India by Supreme Court.
Chapter – VI
Role of State and Central Government Schemes for the upliftment of
Scheduled Tribes focuses on the schemes and policies that are available for the
Scheduled Tribes. The Schemes are aimed at ensuring access to justice to the Tribal
People in India. The access to justice would be facilitated in all its connotations,
i.e. access to rights, benefits, legal aid, other legal services etc., so that the assurance
of the Constitution of justice social, economic and political, is meaningfully
experienced by the tribal population in the country. These issues are discussed
under this chapter.
Chapter – VII
The last chapter provides conclusion of the research work and suggestions
are listed therein.
References
1. The Vedic Period (or Vedic Age) (c. 1500 – c. 500 B.C.E.) is the period in the history
of India during which the Vedas, the oldest sacred texts of Hinduism, were being
composed. Based on literary evidence, scholars place the Vedic period in the second
and first millennia B.C.E. continuing up to the sixth century.
B.C.E.http://www.newworldencyclopedia.org/entry/VedicPeriod [20-10-17]
2. PranavDua,”measures for upliftment of Tribes”
http://www.shareyouressays.com/essays/essay-measures- for-the-upliftment-of-
scheduled-tribes/86763 [12-9-18]
3. S.C. Dube, “The Kamar”
4. Constitution of India, Article 342.
5. Kanu D., “Schedule tribes in India- A Comprehensive
Essay”,http://www.shareyouressays.com/essays/scheduled-tribes-in-india-
comprehensive-essay/111106
6. https://www.geographyandyou.com/life/tribes/vu.lnerable-primitive-tribal-groups-india/
(10-4-2017).
7. Sheetal Thakur, “International Journal on Arts, Management and Humanities Issue of
Social Inclusion and Exclusion of Indian Tribes”, 1 (1) 2012.Pp.14-19.
8. Who are indigenous peoples? ; FACTSHEET;
https://www.un.org/esa/socdev/unpfii/documents/5session_factsheet1.pdf.
9. Arnika Bahuguna, Madhu Ramnath, Kumar Sambhav Shrivastava, Richard Mahapatra,
M Suchitra, Anupam Chakravartty, “Indigenous people in India and the web of
indifference”,https://www.downtoearth.org.in/coverage/governance/indigenous-people-
in-india-and-theweb-of-indifference-55223[22-8-17].
