Enlarge The Panchsheel Approach To Tribal Upliftment

Context: Nearly 75 years of a century after independence, several policies and constitutional safeguards regarding tribals are now in place. But the situation, unfortunately, is far from ideal.

An overview of issues faced by tribals

• Globalization and industrialization have uprooted villages, disrupted ancient cultures and forced tribals to give up their traditional occupations.
• Poverty living: Many became migrant wage workers in the unorganized-sector, living one meal at a time.
• Suppression of indigenous cultures: A result of unbridled interaction between tribes and the general population.
• Approach of isolation leading to the promotion of primitivism.
• Marginalization of Tribals can be traced back to British Raj, but it continued in Independent India as mass tribal land acquisitions in the name of ‘developmental projects’.
• Affected by extremism:  As tribal areas are hot-beds of Naxalism. 

India’s tribal policy framework

• ‘Panchsheel’ for Tribal development: Advocated by Nehru to address issues of Tribal justice. Major features include - 
  • Non-imposition by encouraging self-governance and affirms that forest and land rights of Tribals must be protected. 
  • Inclusion of Tribals in administration and development: Mandates that schemes and administrative policies meant for Tribal beneficiaries should not be cumbersome. 
  • Dual approach of integration and development: Progress criteria for Tribals be based on life-quality indices, with an aim to strike a balance between isolationism and their assimilation.
• Constitutional provisions:
  • Indian Constitution entails provisions for administration and control of Scheduled Areas and Schedule Tribes (STs) under Part-10.
  • Under Schedule 5 - Tribes advisory councils are mandatorily constituted to inculcate local self-governance.
  • Articles 330 & 332 of the Constitution reserve seats for STs in Scheduled areas, thus granting them representation to safeguard their rights and interests.
  • 89th Amendment introduced the National Commission for Scheduled Tribes that derives its power from Article 338A, which is handled by panellists from Tribal communities.
  • The Panchayats (Extension of Scheduled Areas) Act of 1995, or PESA, confers upon village gram sabhas the powers of development and dispute resolution.
• Major judicial directives: Judiciary seen as the torchbearer of Tribal rights.
  • Samatha vs State of Andhra Pradesh (1997) held that granting of mining lease in the Scheduled area by a state amount to a transfer of land to a ‘non-tribal in violation of the Fifth Schedule.
  • Orissa Mining Corporation vs Ministry of Environment and Forests (2013) held that forest dwellers and STs have a right under FRA to be consulted before their ancient homelands are converted to commercial lands.
• Welfare schemes: 
  • The renewed Stand-Up India scheme, 2021, launched by Small Industries Development Bank of India (SIDBI), seeks to provide STs loans ranging from Rs 10 lakh to Rs 1 crore to set up enterprises.
  • The Union Budget for 2021-22 reduced the margin-money requirement for loans from 25% to 15% and allowed credit for agriculture-allied activities.
  • A recent proposal to build 750 Eklavya Model Residential Schools in Tribal-majority areas to inculcate heritage-based education while also imparting vocational-skill training.