An Empirical Study on the Legislations of Tribal Rights and its Implementation Status: Good Practices and Lessons Learnt

Abstract

Due to the past sufferings of the tribals, they were granted a special recognition in the Constitution of India i.e. 'Scheduled Tribes' and since independence, several welfare legislations have been implemented by both Central as well as State govts. securing different aspects of tribal rights. Courts have also played a vital role in upholding tribal rights. In the wake of such a developmental regime, an absence of a compressive study regarding effect of implementation of these welfare legislations makes it difficult to assess the actual impact of these legislations in grass-root level of tribal areas. Hence, this study was taken up to analyse the implementation status of welfare legislations and schemes in tribal areas of Odisha. This comprehensive report has prepared combining the legislative, judicial and administrative aspects as regards to implementation of such legislations in the context of scheduled tribe communities in the State of Odisha. During the course of preparation of this report, the correlation between the legislations and authorities at different levels was analyzed and their implementation status was examined. The related theories were tested by the scale of 'inductive reasoning' and related theories were constructed vide 'deductive reasoning'. For collecting primary source of evidence, all the relevant authorities were contacted and RTI Applications were filed seeking relevant information regarding this project. The report upon assessing the identified legislations by obtaining information and conducting field investigations, found out that despite the fact that there are systems and procedures set, protection frameworks in place, administrative compliances being made, there still remain issues to be resolved or to make the justice system more proactive and purposeful. Lack of preparedness for developing awareness camps, irregular commissioning of official/statutory meetings, lack of judicial interference despite evidences, non-cooperation between forest department and gram sabha are the among the few instances that this report notes upon checking the indicative status of the implemented legislations securing tribal rights. Further, upon noting the indicative status of the implementation of the studied legislation, this report concludes by citing relevant recommendations pertaining to strengthen the protection regime of the tribal rights such as development of proper investigation mechanism in cases under SC ST (POA) Act, 1989 and POCSO Act, 2012; enhancing scope of judicial interference; development of online portals for submitting forest rights claims and submitting their grievances, etc