Tribal Development & Law
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 9 · LAIITT2N
Unit I — Tribal Communities and their Habitat:
Meaning and Concept of Tribes: Definition, Key and General Features of Tribes in India — Use of the terms in India: Scheduled Tribes, Primitive Tribes, De-notified criminal Tribes in India—Meaning in Indian Constitution — Classification of Tribes— Tribes in India: Geographical Distribution and Demographic Composition.
Unit II — Tribal Organisation
Social Organization: Family, Marriage and Kinship, Yuvagruh, Religion and Customary Practice — Economic organisation: Hunting and Gathering, Pastoralism, Horticulture and Agriculture · Distribution, Consumption and Exchange · Property and Inheritance — Political Organisation — Customary Law and Practice.
Unit III — Contemporary Tribal Issues and Approaches to Tribal Development
Economic Issues: Poverty, Indebtedness, Land Alienation, Unemployment, Migration, Industrialisation, Urbanisation, Displacement and Rehibition — Social Issue: Identity Assertions, Environmental Movements — Tribal Rights: Violation of Human Rights, Infringement of Rights Related to Land, Forests, Water and Intellectual property rights — Issues related to Health, Education, Alcoholism & Drug addiction, and Gender Inequality — Language Issues: Preservation of Language, Script, and Medium of Instruction—Infrastructural issue—Habitant and Settlement, Basic Civic Amenities, Transportation and Communication, and Access to Forest—Different approaches to tribal development—Role of NGOs in Tribal Development.
Unit IV — International Thrust for Tribal Development
United Declaration on Rights of Indigenous People—ILO Resolution No. 107 and No. 169—Rio Declaration on Indigenous People—The Convention on Biological Diversity, 1992.
Unit V — Protection of Tribes in Indian Constitution
Administration of Scheduled Areas: Provision of Fifth Schedule, Sixth Schedule and Autonomous District Council — Role of Governor in the protection and promotion of tribal people and establishing good governance — Constitutional Safeguards to Scheduled Tribes (i) Education and Cultural Safeguard · (ii) Social safeguards · (iii) Economic Safeguards · (iv) Political Safeguards · (v) Service/Employment Safeguards — National Commission for Scheduled Tribes — National Human Rights Commission and its Role in Protecting the Interest of Tribal People.
Unit VI — Protection from Atrocities on Scheduled Tribes and Law
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: Dehumanizing Treatment/Humiliation, False Accusation, False Information — Forced Dispossession, Physical Torture, Deprivation of Right —Destruction of Property, Forced Labor, Legal Administrative Negligence.
Unit VII — Local Self-Governance and Right of Tribal People over Land, Water, Forest and Mines:
Indian Constitution and decentralization of power — Understanding Panchayat Raj system as provided in part IX of Indian Constitution — Panchayats (Extension to Scheduled Areas) Act [PESA] 1996 and power of Gram Sabha under this Act in the matter: Dispute Resolution, Land Alienation, Sale of Liqueur or other Intoxicants, Money Lending, Minor Minerals, Minor Water Bodies, Minor Forest Produced, etc. — Interpolation between PESA and FRI i.e., The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006— Legislative Efforts for Protection of Traditional Knowledge of Tribal People of India.
Unit VIII — Concurrent Programmes for Tribal Development
Tribal Empowerment under TRIFED: Van Dhan Yojna, Van Dhan Samajik Doori Jagrokta Abhiyann · Teach for Tribal Scheme—Development of Particularly Vulnerable Tribal Groups (PVTGs) — Grant in Aid to Voluntary Organization working for welfare of STs— Institutional Support for Development & Marketing of Tribal Products/Produce—Support to Tribal Research Institute (TRI)— Scheme of Centres of Excellence— Eklavya Model Residential Schools (EMRSs) — Strengthening Education among Scheduled Tribe Girls in Low Literacy Districts— Vocational Training in Tribal Areas— Establishment of Ashram Schools in Tribal Sub-Plan Areas— Centrally Sponsored Scheme of Hostels for ST boys and ST Girls— Pre-Matric (Class IX and X) and Post Matric Scholarship (PMS)—National Scholarship for Higher Education of ST Students—National Fellowship for Higher Education of ST Students—Scheme of National Overseas Scholarship for ST Students.