A critical study of law and welfare of the particularly vulnerable tribal groups of India

Abstract

The rich Indian culture has seventy-five tribal groups that have been officially recognised as Particularly Vulnerable Tribal Groups (PVTGs). The Government of India is of the opinion that these communities have unique socio-cultural practices and pre-agricultural subsistence, and have been subjected to extreme marginalisation of social and economic conditions. This study focuses on comparing the relationship between the law protection and welfare programs that should be offered to PVTGs, both in terms of their execution and the gaps that can be found in the system of constitutional and human rights. Affirmative action and tribal protection is guaranteed by article 15, 46 and 342 of the Indian Constitution, and the particular laws (Scheduled Tribes and Other Traditional Forest Dwellers) Act 2006 (FRA) and Panchayats (Extension to Scheduled Areas) Act 1996 (PESA) are intended to implement the social justice, land rights, and local self-governance. Nevertheless, the practical implementation of these legal systems does not usually serve its purpose. The key issues that have been relentless are land alienation, loss of livelihood to development projects and limited access to basic welfare facilities like healthcare services, education services, and long term livelihoods.This thesis finds that the centralised nature of the welfare delivery systems negatively impacts on the cultural autonomy and traditional systems of governance of PVTGs and as such, consolidates their marginalization to the mainstream society. The FRA still experiences administrative snarls, insufficient awareness of the beneficiaries, and bureaucratic opposition. On the same note, the PESA framework faces minimal success due to the external interruption and weak institutional frameworks at the local level. Additionally, the study examines the impact of judicial intervention in terms of decisions of the Supreme Court of India, which have contributed to the achievement of the results of tribal rights and welfare. These court decisions are examined...