Policies and Schemes for Tribal Welfare and Forest Rights in India

Tribal communities in India, historically referred to as Adivasis and officially designated as Scheduled Tribes (STs) under Article 342 of the Constitution, constitute 8.6% of the national population according to the 2011 Census. Distributed across rural, forested, and hilly regions, these groups face unique socio-economic challenges, geographic isolation, and distinct developmental needs. To safeguard their rights, protect their cultural heritage, and promote inclusive growth, the Central and State Governments have established targeted constitutional provisions, legislative frameworks, and targeted administrative schemes.

Constitutional Safeguards and Legislative Provisions

Constitutional Provisions

• Article 15(4) and 16(4): Directs the State to make special provisions for the advancement of socially and educationally backward classes, including Scheduled Tribes, in educational institutions and public employment.
• Article 46: Directs the State to promote the educational and economic interests of STs with special care and protect them from social injustice and all forms of exploitation.
• Article 244(1) and Fifth Schedule: Outlines provisions for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
• Article 244(2) and Sixth Schedule: Provides for autonomous district councils and tribal governance structures in Assam, Meghalaya, Tripura, and Mizoram.
• Article 275(1): Mandates special central grants-in-aid out of the Consolidated Fund of India to states to promote the welfare of Scheduled Tribes and raise the administration level of Scheduled Areas.
• Article 330 and 332: Reserves seats for Scheduled Tribes in the Lok Sabha and State Legislative Assemblies, respectively.
• Article 338A: Established the National Commission for Scheduled Tribes (NCST) as a constitutional body to monitor safeguards and evaluate tribal development progress.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)

• Objective: Redresses historical injustices committed against forest-dwelling communities by recognizing individual and community rights over forest land.
• Individual Forest Rights (IFR): Grants rights to hold and live in forest land under occupation prior to December 13, 2005, up to a maximum limit of 4 hectares per family.
• Community Forest Rights (CFR): Recognizes community rights to collect, use, and dispose of Minor Forest Produce (MFP), manage water bodies, and access grazing grounds.
• Gram Sabha Centrality: Designates the Gram Sabha as the statutory authority to initiate the process for determining the nature and extent of individual or community forest rights.

Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)

• Applicability: Extends Part IX of the Constitution relating to Panchayats to the Fifth Schedule areas across 10 states.
• Gram Sabha Empowerment: Mandates prior consultation before land acquisition in Scheduled Areas, grants ownership over Minor Forest Produce, and empowers Gram Sabhas to manage local markets, enforce prohibition, and prevent land alienation.

Protection of Civil Rights Act, 1955 & Prevention of Atrocities Act, 1989

Special penal statutes enacted to prevent crimes against members of Scheduled Castes and Scheduled Tribes, establishing Special Courts for speedy trials and providing relief and rehabilitation to victims.

Key Government Schemes and Interventions

Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM-JANMAN)

Launched in late 2023, PM-JANMAN targets Particularly Vulnerable Tribal Groups (PVTGs) across 18 States and Union Territories. The initiative integrates 11 critical interventions across 9 central ministries, focusing on permanent housing, road connectivity, clean drinking water, off-grid power solutions, mobile medical units, and vocational centers.

Eklavya Model Residential Schools (EMRS)

Initiated under Article 275(1) grants, EMRS provides quality middle and high school education to ST children in remote areas. The scheme aims to establish an EMRS in every block containing more than 50% ST population and at least 20,000 tribal persons.

Pradhan Mantri Vanbandhu Kalyan Yojana (VBKY)

Serves as an overarching strategic framework to improve the quality of life, infrastructure, and employment opportunities in tribal areas through targeted resource allocation and multi-sectoral planning.

Pradhan Mantri Janjatiya Vikas Mission (PMJVM)

Focuses on livelihood enhancement through the institutional development of tribal produce. It merges schemes supporting the marketing of Minor Forest Produce (MFP) through Minimum Support Price (MSP) mechanisms and the expansion of value-addition supply chains.

Pradhan Mantri Dhan Dhanya Krishi and Van Dhan Yojana

• Van Dhan Vikas Kendras (VDVKs): Implemented by TRIFED, these centers organize tribal gatherers into self-help groups (SHGs) to process, package, and market non-timber forest products locally and globally.
• Minimum Support Price for MFP: Provides a price safety net for dozens of specified minor forest produces, reducing dependence on middlemen.

Institutional Infrastructure for Tribal Welfare

Particularly Vulnerable Tribal Groups (PVTGs)

PVTGs represent a subset of Scheduled Tribes exhibiting extreme vulnerability. Dhebar Commission (1960–1961) created the category “Primitive Tribal Groups,” which was later renamed PVTGs in 2006.

Identification Criteria

• Pre-agricultural level of technology (hunting, gathering, or shifting cultivation).
• Stagnant or declining population growth rates.
• Extremely low levels of literacy.
• Subsistence-level economic practices.

Demographics

India hosts 75 recognized PVTGs scattered across 18 States and 1 Union Territory (Andaman & Nicobar Islands). Odisha contains the highest number of PVTG communities (13 groups), including the Dongria Kondh, Bondo, and Juang. Notable island PVTGs include the Great Andamanese, Onge, Jarawa, and Sentinelese.

Key Facts for Quick Revision

• Scheduled Tribes account for 8.6% of India’s total population as per the 2011 Census, with Madhya Pradesh recording the highest absolute ST population.
• Punjab, Haryana, Chandigarh, Delhi, and Puducherry have no officially notified Scheduled Tribe populations.
• Lakshadweep holds the highest percentage of Scheduled Tribes relative to its total population among Union Territories (94.8%), while Mizoram leads among states (94.4%).
• The Forest Rights Act (FRA) was enacted in 2006, designating the Gram Sabha as the primary authority to verify land claims.
• The maximum limit of forest land that can be recognized for individual occupation under the FRA is 4 hectares per family.
• PESA Act, 1996 applies to 10 states containing Fifth Schedule Areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.
• Article 338A was inserted into the Constitution via the 89th Constitutional Amendment Act, 2003, creating a separate National Commission for Scheduled Tribes.
• Dhebar Commission (1960–61) recommended the initial creation of the “Primitive Tribal Groups” category, now known as PVTGs.
• The Ministry of Tribal Affairs was established in 1999 after being carved out of the Ministry of Social Justice and Empowerment.
• TRIFED manages the “Tribes India” retail chain and drives the implementation of the Van Dhan Vikas Kendra initiative.
• PM-JANMAN scheme specifically targets the socio-economic welfare and infrastructure development of 75 PVTG communities.