By Himanshu Khatri

Tribal Integration
Post independence one important challenge was Tribal integration.

1. Policy of Isolation- proposed by British anthropologist Verrier Elwin. He argued that

the tribals are special people with unique identity and must be kept in separation from
mainstream society to preserve their unique culture & ethnic identity. He suggested
creation of national parks where tribals could live safely without being victims of
overhasty and unregulated process of modernization. However, this policy was viewed
as a proposal to create a museum or a zoo.
2. Policy of Assimilation by G.S. Ghurye, father of Indian sociology. Ghurye said, tribes
are simply backward Hindus who need to be brought into mainstream. However, in
that process their unique identity may be lost.
3. Policy of Integration or Tribal Panchsheel in 1952 by Nehru. This policy argued that
tribal areas and tribals must progress but in their own way. (*like Orientalism argued-
rule India the India way similarly develop tribals the tribal way). Principles of
Panchsheel Policy (1952)-:
a. Tribals should be allowed to develop according to their own genius (*i.e. as
Tribals- capabilities & skills, their way of doing a thing. Eg traditional medicine
as against just allopathy)
b. Tribal rights in land and forests should be respected (*e.g. FRA 2006)
c. Tribals should be trained to undertake administrative & development tasks
without too many outsiders being inducted. (*i.e. lower bureaucracy should
be tribals)
d. Tribal development should be undertaken without disturbing tribal social &
cultural institutions (*e.g. Eklavya Model Residential schools where tribal
culture is promoted + e.g. longer road may be uneconomic but if it prevents
digging a tunnel through a hill worshipped by Tribals)
e. Index of Tribal development should be quality of life and not money spent (*
money spent as indicated by Utilization certificates submitted by District
Administration= important criteria of judging quantum of development)
Constitutional Provisions
1. Art 366- Definitions: 366(25) defines STs as Tribes or Tribal communities as defined in
Art 342.
2. Art 342- Scheduled Tribes: Those tribes or Tribal communities that are in notification
issued by President, and Parliament may include or exclude any tribe from this
notification.
3. Art 244A- Formation of Autonomous state comprising certain tribal areas in Assam
and creation of local legislature or Council of Ministers or both (*Meghalaya was
created as an autonomous state within Assam)
4. Art 243D- Reservation of seats for SC & ST in Panchayats
5. Art 243T- Reservation of seats for SC & ST in Municipalities
By Himanshu Khatri

6. Art 332- Reservation of seats for SC & ST in LA of States

7. Art 3330- Reservation of seats for SC & ST in House of People (*Lok Sabha)
8. Art 46 (*DPSP)- Promotion of educational and economic interest of SCs & STs and
other weaker sections.
9. Art 48A (DPSP) Protection & improvement of environment and safeguarding forest
and wildlife
10. Art 335 – Claims of SC & ST to services & posts shall be taken into consideration
consistently with maintenance of efficiency and administration (*not +ve but a limiting
article)
11. Art 244(1) read with 5th Schedule: Key features
a. Tribal Advisory Council that would advice State government/ governor on
welfare of STs
b. Governor may make regulations for good government of scheduled areas, in
particular, may prohibit or restrict transfer of land & may regulate business of
moneylenders (*Outsiders in British era took over lands & moneylenders
oppressed tribals)
12. Art244(2) read with 6th Schedule: Key features
a. Defines tribal areas (*term Scheduled Areas is used in 5th Schedule not 6th )
b. Applies to Tripura, Meghalaya, Mizoram, Assam.
c. Autonomous District Councils and Autonomous Regional Councils and their
powers to make laws
d. Bodoland Territorial Council
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13. Art 29: Protection of interests of minorities

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14. Art 30: Right of minority to establish and administer educational institutions
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15. Art 31A: Saving of laws @ acquisition of estates etc in public interest (*not a +ve but
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a limiting article)
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Acts/Laws:
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1. PESA 1996 [Panchayat Extension to Scheduled Areas Act]

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a. 5th Schedule created Tribal Advisory Council that has 3/4th members as ST
MLAs. However, TAC proved ineffective as largely has advisory role. Thus, PESA
in 1996 gave more autonomy to local tribals & other communities by extending
PRIs to Scheduled Areas.
b. PESA mandates the State govts to devolve certain political, administrative &
financial powers to local govts. Tribals are guaranteed 50% seats in elected
local govts & the seat of chairperson at all levels of Panchayat system (*village,
district)
c. However, PESA has not been fully implemented by State govts (*as leads to
dilution of powers of States).
d. 1997 Samata Judgement: SC ruled that 5th schedule mandates Governors to
bar purchase of tribal lands by non state owned entities for mining activity.
By Himanshu Khatri

After this the GOI gave Governors unrestricted authority to transfer tribal lands
to govt for further allotment to Non-Tribals. Thus, hurting goal of tribal
autonomy.
2. FRA 2006 [ Scheduled Tribes & Other Traditional Forest Dwellers, Forests Rights Act]
[*STs & OTFDs, FRA 2006]
a. For 5th schedule areas.
b. Gives Right to Land + Community Rights over MFP, water bodies & grazing
areas.
c. Also gives responsibility to STs & OTFDs for protection of wildlife, forest &
biodiversity i.e. Right to Manage & protect their forests (*implements Art 48A)
d. Maximum forest land rights of upto 4 hectares + Right to Land is inheritable
but not Transferable [* hence it is FRA 2006 that prohibits sale of land by tribals
to others & it is not direct consequence of just the 5th Schedule- UPSC question
in 2022 Prelims but check UPSC answer key & Polity notes for clarity]
e. Eligibility= persons living in and dependent on forests for livelihood, but only
those cultivating land before Dec 2005.
f. FRA 2006 bans land use change after Dec 2005 [*i.e. no cutting of trees for
agriculture]
g. FRA 2006 mandates need for consent of Gram Sabha for forest land acquisition
[* GS by PESA1996 and now GS empowered by FRA2006 hence FRA strengthen
PESA]
h. 2013 SC Judgement in Vedanta’s Bauxite Mining project case in Niyamgiri Hills,
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Orissa- recognized Customary/traditional rights of STs & OTFDs e.g. their

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religious rights. E.g. Dongria Kondh tribe in this case worshipped the hill i.e.
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Niyam Raja which was being mined. Thus FRA2006 gives Right to Land to
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individuals and Right to MFP & Customary Rights to Community.

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Schemes
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Important role of TRIFED in MoTA (*TRIbal cooperative marketing development FEDeration

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of India ltd. In Ministry of Tribal Affairs)

1. Eklavya Model Residential Schools (1997-98): Tribal children get accommodation and
education + tribal culture is promoted.
2. MSP for MFP 2013
a. Minor Forest Produce covered under the scheme include Tendu Patta,
Bamboo, Sal products like sal leaves & seeds; wild honey; lac; tamarind etc
b. Why important?
i. MFP have high social & economic value for tribals as they not only
provide foof, medicine & other consumption items but also cash
income.
By Himanshu Khatri

ii. Goal of scheme is to ensure sustained demand for MFP for better
livelihood of tribals.
iii. Under the scheme, procurement is done at pre-fixed Minimum Support
Price and marketing operations are conducted [*i.e. connect Tribals
with urban consumers- retail & businesses; e.g. search Wild Honey or
Tribal products on Amazon/Flipkart which are online market places]
3. PM Van Dhan Yojana-2018
a. Goal- generate livelihood by utilizing forest wealth. Promotes MSP for MFP
scheme by additionally focusing on value addition to MFP before final sale.
Implemented with help of SHGs.
4. Swasthya Portal
a. Goal- solve problem of statistics on tribal health and nutrition for better policy
making. It is a National Tribal Health Portal for exchange of data, ideas,
learnings & best practices between stakeholders working for tribals so as to
have evidence based decision making.
5. BRLF- Bharat Rural Livelihood Foundation 2013
a. An independent society under Ministry of Rural Development.
b. Aims to use civil society/NGOs for welfare and skill development & livelihoods
of rural masses especially women & tribals.
c. Integrates government, private sector and civil society for development work
and schemes implementation. Thus an example of Networked Governance.
(*i.e. not just PPP but even NGOs)
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d. Goal= skilling, livelihood, development of tribal leadership, spreading SHG

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movement.
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e. Contribution of money by private sector is eligible for being counted as CSR

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(Corporate Social Responsibility obligation on corporate with turnover of >500

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cr)
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f. Initial corpus was 1000 cr with 500 cr by GOI and 500 from other partners i.e.
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private sector, institutions like NABARD, National Dairy Development Board.

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g. BRLF is not a scheme but an institution that helps govt.

h. BRLF supports a variety of projects by Central & State govts & SHGs across the
country, especially in the Central Indian Adivasi belt, which covers 190 districts
in 10 states. Some of the projects are:
i. watershed development projects that aim to improve water resource
management, groundwater management & sustainable agriculture.
ii. Traditional knowledge documentation to conserve traditional
knowledge of tribals and villagers from remote areas on various topics
such as ethnobotany, ecology, traditional medicines, food resources,
crops, crafts, cultural activities, etc. BRLF aims to create a platform
where tribal/villagers can share and exchange their knowledge.