Scheduled Prantha Chattalu

Abstract

The non-tribal immigration coupled with the policies of the British administrators which are beneficiary of the non-tribals has led in sever exploitation of tribal communities which resulted in the loss of control over their natural resources. Introduction of money economy in the agency areas of the country have resulted in the entry of money lenders in the area and consequence indebtedness, which ultimately paved the way for land alienation in the tribal areas and various other forms of exploitations. As the result certain protective and many provisions are made by the constitutional maker for a comprehensive framework for a socio-economic development of Scheduled Tribes and protecting them from the exploitation by their advance the neighbours. The protective provisions are contained in Articles 15(4), 16(4), 46, 244, 330, 332, 334, 335, 338, and 342 Fifth Schedule. Articles 15 (4), 16 (4) and 19 (5) are exception to the fundamental rights of equality and freedom guaranteed under Part III of the Constitution. Provisions relating to development of Scheduled Tribes are contained mainly in Articles 275 (1) and 339 (2). 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.