Legislative measures for the welfare of Scheduled castes and Tribal community

Published on 30 Jan 2025

Protection of Civil Rights of Act, 1955

Protection of Civil Rights Act, 1955 was enacted to enforce the provisions of Article 17 of the Constitution by prescribing punishment for the preaching and practice of untouchability. Here are some of the significant provisions of the Protection of Civil Rights Act, 1955:

• Offences: The Act specifies various offences, including preventing any person from entering any place of public worship or from worshipping there, or using any water channel, river, or bathing ghat.

• Punishments: The Act prescribes penalties for offences related to the practice of untouchability, including imprisonment of 6 months and fine of Rs. 500.

• Enhanced penalties: In case of repeated offences or if the offence is committed by a person holding a position of authority, the penalties can be more severe.

• Enhanced punishment for abetting: Those who abet the commission of an offence under the Act can also be punished accordingly.

• Burden of proof: In certain cases, the burden of proving that an act was not in violation of the Act lies with the accused.

• Procedure for trial: The Act outlines the procedure for the trial of offences, including the powers of the Special Courts constituted for this purpose.

• Abolition of forfeiture of property: The Act abolishes the forfeiture of property as a penalty for offences under this Act.

• Empowerment of special courts: Special Courts are empowered to take cognizance of offences, even without a complaint, and they are not bound by the procedure laid down in the Code of Criminal Procedure.

SC & ST (Prevention of Atrocities) Act, 1989

The legislation was enacted to address the persistent discrimination and violence faced by the SC and ST communities in India by defining various offences and punishments for the perpetrators. Some significant provisions of the legislation are:

• Coverage: Covers both physical and mental harm, sexual abuse, economic exploitation, public service denial, forced conversion, land grabbing etc.

• Time bound investigation: The investigation of an offence under this legislation shall be completed within a span of 60 days.

• Special courts: State government to establish special courts to ensure that cases under this Act are disposed of within a period of 2 months from the date of filing of the charge sheet for the exclusive trail of cases under the legislation.

• Punishment: Minimum sentence of 6 months, which can extend upto life imprisonment or death penalty, as the case may be.

• Relief to victim: Legal aid to the victim and witnesses at all stages of the legal process.

Panchayat Extension to Scheduled Areas (PESA) Act

The Panchayat Extension to Scheduled Areas (PESA) Act was enacted in 1996 ‘to provide for the extension of the provisions of Part IX (comprising Articles 243-243ZT) of the constitution relating to Panchayats of the tribal areas of the Fifth Schedule states. PESA recognizes the traditional rights of tribal communities and empowers local self-governance in these areas. Here are some significant provisions of PESA:

• Gram sabha empowerment: PESA empowers the Gram Sabha (village assembly) in scheduled areas to manage local affairs, including social and economic development, use of natural resources, and resolution of disputes.

• Control over natural resources: PESA recognizes the community rights over minor forest produce, water bodies, and other resources and empowers the Gram Sabha to regulate and control the use of these resources.

• Land alienation prevention: PESA seeks to prevent the alienation of tribal land and ensures that land transactions in scheduled areas are in conformity with the customary laws and traditions of the community.

• Traditional justice system: PESA allows the Gram Sabha to manage its affairs with customary law and practices, including the resolution of disputes.

• Cultural and social safeguards: The Act emphasises the preservation of the traditions, customs, and cultural identity of tribal communities. It aims to protect their social and cultural institutions from external interference.

• Participation in decision making: PESA mandates the involvement of the Gram Sabha in the planning and implementation of various development programs and projects in scheduled areas. It ensures the participation of local communities in decision-making processes.

• Approval for land acquisition: Any land acquisition or resettlement and rehabilitation of displaced persons in scheduled areas requires the prior approval of the Gram Sabha.

Scheduled Tribes and other traditional forest dwellers (Recognition of forest rights) Act

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), is a landmark legislation in India aimed at recognizing and vesting forest rights in Scheduled Tribes (STs) and other traditional forest dwellers.

• Recognition of rights: The Act recognizes the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the forest land they have been traditionally occupying and using.

• Vesting of rights: Forest rights are vested in the name of the individual or the community, depending on the nature of occupation and usage. 

• Verification of rights: The Act outlines a process for the verification of the rights claimed by individuals and communities and this process involves the formation of Gram Sabhas (village assemblies) to record and verify the claims.

• Appeals: The Act provides for an appeals mechanism for those who are aggrieved by the decisions of the authorities responsible for verifying and recognizing forest rights.

• Conservation provisions: The Act also includes provisions to ensure that the recognition of rights does not adversely affect the conservation of wildlife and forests.

• Role of grama sabhas: Gram Sabhas play a crucial role in the implementation of the Forest Rights Act and they are involved in the verification and approval process of claims made by forest-dwelling communities.

Concerns associated with these legislations

• Limited effectiveness: Despite legislations being in place, there has been little change in ground reality due to poor implementation of these policies.

• Example: NCRB report highlights the occurrence of 1.3 lakh anti-Dalit crimes between 2018 and 2020, showing the ineffectiveness of Protection of Civil Rights Act, 1955 to eliminate Dalit discrimination.

• Lack of political will: The government has often given less priority to the interest of these marginalised communities, thus pushing the reforms further.

• Example: Even after 27 years, PESA rules are still not notified by two out of the ten states.

• Poor awareness and outreach: Many of the Dalits and the tribals have limited understanding regarding the laws which exist to protect them, and hence fail to make use of them.

• Conflict with other policies: Often, efforts at protecting these communities come in conflict with other priorities of the government, forcing the government to sacrifice the former.

• Example: The provisions under PESA might conflict with the developmental aspirations of the state, leading to state pushing aside PESA reforms.

• Regional disparity in implementation: The level of implementation at each state depends on the bargaining power of these communities in those states and also based on the priorities of the government in power.

Thus, the state has come up with various legislations to improve the position of Scheduled Caste and Tribal communities in India. But implementation needs to be improved, which could be brought about by better mobilisation of the marginalised communities with active cooperation from civil society organisations.

Tags:
Social Justice

Keywords:
Legislative measures for SC ST community Scheduled Tribes and other traditional forest dwellers Recognition of forest rights Act forest rights act Panchayat Extension to Scheduled Areas Act PESA Act Scheduled caste scheduled Tribe Protection of Civ

Syllabus:
General Studies Paper 2

Topics:
Social Justice