Volume 08 Issue 03 March 2025
1Namrata Arora, 2Drishti Kalra
1Professor at VIPS - TC affiliated with Guru Gobind Singh Indraprastha University
2Assistant Professor at Department of History, DCAC College, University of Delhi
DOI : https://doi.org/10.47191/ijsshr/v8-i3-35Google Scholar Download Pdf
ABSTRACT
The Indian Constitution provides an extensive legal framework to protect and empower Adivasi (Scheduled Tribes) communities through fundamental rights, affirmative action, and special provisions like the Fifth and Sixth Schedules. Despite these safeguards, a persistent gap exists between constitutional guarantees and their practical implementation. This paper critically examines the effectiveness of constitutional provisions, judicial interpretations, and policy measures in safeguarding Adivasi rights. By analyzing landmark Supreme Court rulings, legislative frameworks, and socio-economic challenges, the study highlights systemic barriers—such as land alienation, cultural erosion, and administrative inefficiencies—that continue to hinder the realization of these rights. A comparative analysis with global indigenous rights frameworks underscores the need for adaptive policy measures, robust enforcement mechanisms, and genuine community participation. The findings suggest that bridging this gap requires legal reforms, decentralized governance, and a holistic approach integrating legal, economic, and cultural dimensions to ensure meaningful justice and empowerment for Adivasi communities.
REFERENCES1) Ashokvardhan, C. (2006). Tribal Land Rights in India. Centre for Rural Studies, LBSNAA.
2) A Handbook. The National Commission for Scheduled Tribes, 2007.
3) Bagoria, V. K. (2023). The Rights of Indigenous Peoples: Constitutional and Legal Provisions. International Journal of Law, 9(3), 46–51.
4) Das, C., & Sanskar, S. (2023). Adequacy of Indian Constitution in Protection of Tribal Rights. SSRN. Retrieved from https://ssrn.com/abstract=3911449
5) Defending FoRB. (n.d.). Religious Freedom and Tribal Rights in India. Retrieved from https://defendingforb.org/en/india/religious-freedom-and-tribal-rights-in-india/
6) Government of India. (2006). The Forest Rights Act, 2006. Ministry of Tribal Affairs.
7) Ghurye, G. S., and introd Everett C. Hughes. The Scheduled Tribes of India. New
8) Brunswick, N.J.: Transaction Books, 1980.
9) Kumar, V. (2023). The Rights of Indigenous Peoples: Constitutional and Legal Provisions. International Journal of Law, 9(3), 46–51.
10) National Human Rights Commission. (2021). Constitutional and Civil Rights to Protect Scheduled Castes and Scheduled Tribes from Atrocities and the Law against Witch Hunting. NHRC, India.
11) PIB, Ministry of Tribal Affairs. (2019, July 22). Land Rights of Scheduled Tribes. Retrieved from https://pib.gov.in/Pressreleaseshare.aspx?PRID=1579747
12) Seema Singh. (2024). Legal Status of Janjaties: Identity and Future. Delhi Journal of Contemporary Law.
13) The Constitution of India. Trans. Government of India: Ministry of Law and Justice.Constitution ed., 2007.
14) Tenth Five Year Plan: Scheduled Tribes. Government of India, 2002.