On the Future of Indigenous Traditions - Munin

The Scheduled Areas Act 1874 now in the new constitution (article 244) also
acknowledges that the area that has different proportions of Scheduled Tribes
population in the different states be termed as ‘Scheduled Areas and Tribal Areas’,
continue to be exclusively for ‘tribal administration’. Both these terms ‘Scheduled
Areas’ and ‘Tribal Areas’ in the legislation is used for administration in the Fifth
Schedule and Sixth Schedule of the Constitution respectively which are mostly
Adivasi dominated areas.
In the whole country, nine states have their areas covered under the Fifth Scheduled
and some four states in the northeast India covered under the Sixth Schedule of the
constitution. The differences between the two schedules are that the Adivasi or tribal
people in the Sixth Schedule enjoy more autonomy in exercising their customary
practices and rights than those in the former. Jharkhand is among the nine states
where the areas are covered under the Fifth Schedule 97 . These areas have special
rights of administration, such as the non-transfer of Adivasi land to non-Adivasis by
law and provisions to be governed by the local and customary laws. In addition,
certain constitutional bodies that are mandatory for the rest of the country to be
constitutes i.e. the Panchayati Raj bodies cannot be formed in these areas. However,
in the Jharkhand state there seems to be a serious problem when it comes to the issue
of respecting Adivasis basic rights which are acknowledged and supported in the
national and state legislation because the Jharkhand governments take an
unconstitutional stand.
97 Most of the Adivasi areas in India are covered under the Fifth Scheduled, as these areas contain non-
Adivasis along with the Adivasis. Fifth Schedule accommodates non-tribals in this area by the central
government or constitution. Here the Adivasis have been exploited by the non-Adivasis by means of
grabbing their lands and forests and enriching themselves by many other deceitful means. The
provision of Fifth Schedule leaves many holes for the non-Adivasis to continue exploitation of the
Adivasis.
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