Indigenouspeople in India:- In India, indigenous people are not named as native people and aboriginalpeople even they are introduced in society as Adivasi and tribal people. Thereare many tribes which are living in different-2 states of India, Who are namedas aka, asur, swangla, gond, gagra, bhanjra, naga, mina, bhutia, hajong, varlietc. (https://en.wikipedia.org/wiki/List_of_Scheduled_Tribes_in_India)According to the 2011 Census of India, Bhilis the most populous tribe with a total population of 4,618,068, constituting37.7 percent of the total ST population. Gond is the second largesttribe, with a population of 4,357,918 constituting 35.6 percent of whole India.
Mainly they belong to Madhya Pradesh state. (https://en.wikipedia.org/wiki/Tribals_in_Madhya_Pradesh)Constitutional rights to tribals:- India is known for theirdemocratic system where all having fundamental rights which are described inIndian constitution but somewhere the government still fails to give thatstatus to tribes.
At the domestic level, the Constitutionprovides autonomy to tribal areas in matters of governance under the Fifth andSixth Schedules, which is further fortified by the case; Samatha v. State of Andhra Pradesh & Ors (1997)judgment where the Supreme Court declared that the transfer of tribal land toprivate parties for mining was null and void under the Fifth Schedule. Theframework for protection of the rights of tribal and indigenous people isfurther strengthened by the Recognition of Forest Rights Act, 2006 whichprotects the individual and community rights of tribal people in forest areasand their right to free and prior informed consent in event of theirdisplacement and resettlement.Fifth and sixth schedule of the constitutiondeals with the administration and control of schedules areas as well as ofschedules tribes. The main feature of the administration providedin this Schedule is the constitution of Tribes Advisory Councils, but fifthfails because it has never applied & sixth schedule has its ownshortcomings; breakdown of laws, election are not contested according to theguidelines given under this. (http://www.
clexams.com/civils/blog/india-tribal-laws.html)Legislature also took step for the protection and preventionof their rights and to give a dignified status in the society. The tribalpeople who were separated from the Indian society and living in the forests fortheir livelihood and their families. Due to isolation from the society, theywere not aware many things like technologies, opportunities for the employmentand so on. Legislature kept in mind their conditions and made various legalprovisions and enacted laws for the upliftment of tribal people. The IndianConstitution has also accepted the ideas to provide equality among other peopleof society and to prevent them from discrimination related to any class, raceor place of birth and to protect them from the oppressions caused by the other peoplein the society; maintaining law & order and to give fair justice toall of them.
Constitutional Provisions / Safeguards for Scheduled Tribes, can bedivided into two partsProtectiveDevelopmental. It specifically provided certain Articles for raising their standard oflife and for the betterment & upliftment of tribal people. Theprotective rights granted by the Indian Constitution, 1950 to the tribal peoplecan be classified under the following heads:-Educational and Cultural Rights (Articles 15(4), 29, 46 and 350.)Social Rights (Articles 23 and 24)Economic Rights (Articles 244 and 275)Political Rights (Articles 164(1), 243, 330, 334 and 371.)Employment Rights (Articles 15(4), 16(4) and 16(4A).)In addition to these rights Fifth and Sixth Schedule of the Indian Constitutioncompletely deals with the welfare of the tribal people.