Our Laws & Our Rights - Guidelines to Village Welfare Assistants in AP

Abstract

There are 34 Tribal groups inhabiting in Andhra Pradesh State. They have a special culture, language and traditions. Tribal life style and livelihood depend on the land, vegetation and water resources of the forest area. Tribals are backward communities in this connection Government provide special constitutional rights among the tribals. The Government, which has succumbed to tribal struggles, has inevitably created some special laws and regulations for the tribals and the important one is the Agency Area Legal Administration. The rules are enshrined in the Fifth Schedule of the Constitution specifically for the administration of the Scheduled Areas. In Andhra Pradesh State, Srikakulam, Visakhapatnam, Vizianagaram, East and West Godavari districts are Scheduled Areas. in the scheduled Area Article 338 A of the Constitution with some special powers for the protection of tribal rights was established by the Center for National Commission for Scheduled Tribes. The protective provisions are contained in Articles 15(4), 16(4), 46, 244, 275, 330, 332, 334, 335, 338, and 342 Fifth Schedule. The Government has brought in a tribal sub-plan approach for tribal development. ITDAs are established based on geographical and tribal population density, social and institutional services status and growth rate index. For its Scheduled Areas, Andhra Pradesh has a Land Transfer Regulation Act 1 of 1970. It checks the transfer of tribal land to non-tribals with due regard to the special status that the Constitution has given to tribal land. It is referred to as the "1/70" Act. Forest is the main source of livelihood among the tribals. There are many issues related to tribal rights over forests. Over the centuries, governments have enacted laws and regulations that separate forests and tribes. The book delineates various Forest Acts which is implemented by the Government. The Rules for the implementation of the Forest Rights Act, 2006 on 1st Jan 2008, has finally paved the way to undo the historic injustice done to the tribals and other forest dwellers. The provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA is a law enacted by the Government of India for ensuring self-governance through traditional Gram Sabhas for people living in the Scheduled Areas of India. The book also discusses complete picture of the PESA Act. The book also emphasis on the issues of Community Certificates, money lenders Act, Scheduled Caste and Scheduled Tribe Atrocity Acts.