Rights of indigenous people in India

Lairellakpam Seilendra Singh *

World Bank on its own classified in 1991 the Scheduled Tribes as indigenous people in India for various developmental programmes. Such Schedule Tribes are spread over the entire nation. However, the condition in the Tribal Areas of the North-Eastern region consisting of Assam, Meghalaya, Tripura and Mizoram are very different from those in the tribal area of other parts of India. These tribal areas are divided into large district inhabited by single tribes or fairly homogenous groups of tribes with highly democratic and mutually exclusive tribal organization whe has not assimilated much with the life and ways of other people in the states. These areas have hitherto anthropological specimen and the tribes living -therein have still their roots in their own culture, custom and civilization.

The scheme of administration under Sixth Scheduled almost was wholly based on the recommendations of the North East. Frontier Tribal and Excluded Areas Sub-committee of the Constituent Assembly of India. The Committee was set up to the report to the constituent assembly on the scheme for administration of tribal areas. The scheme was conceived with a view to building autonomous administration in these areas so that the tribal people may continue to follow their traditional way of life with such changes as they themselves may like to introduce.

The committee took three factors into consideration for proposing a separate schemed of administration for these areas, which were called the autonomous District, viz., (a) The district social customs and tribal organisations of the different people as well as their religious, beliefs, (b) the fear of exploitation by the people of the plains on account of the latter’s superior organization and experience of business, and (c) the fear that unless suitable financial provisions were made, or power were conferred upon the local councils themselves, the provincial government might.

The history of the indigenous people in India has been the history of their constant struggle for existence as a different cultural identity against the civilization of the colonizers.

In India at present, there are about 60 million adivasi communities. The indigenous people’s historical consciousness of their cultural identity and individual of every community is based on the idea – that small is beautiful. It stands for a social value of respecting each others way of life, mutual cooperation and peaceful coexistence.

The struggles of the indigenous and tribal peoples centre around the issues of land, forest, water, culture, transport and communication, health and hygienic, nutrition, education and identity. These demands are made to find a rightful place in the society, cultural, economic and political spheres of life in India. The thrust is also for the due recognition of the indigenous people by the government of India, which would establish their long cherished rights, and employment of their traditional habitat, and community life.

The identity of the indigenous people of India consist in their geographical, historical, linguistic and other features which give them distinct characters and distinguish them from the others peoples of the country. The indigenous people have been facing oppression and repression for a very long period of time. This calls for a strong solidarity as a part of the strategy of the liberation struggle of the indigenous people.

A demand was made by the indigenous people during the UN year of Indigenous people that the tribal and semi tribal be recognized as the indigenous peoples of India.

But the government of India refused to accept this demand on the ground that adequate provision which protect the rights of indigenous people (Article 46 of the Directive Principal of State Policy( Part-IV) of the Indian Constitution) provided protection and promotion of the interest of the indigenous people. However in reality, demand for these very rights have been met with hostility and repression by state machinery.

In India, human rights are not equally enjoyed by all. Perceptions of rights vary with socio-economic realities. Responses of people coming from different backgrounds differ. Inevitably the poor and marginalized people are compelled to toil for the basic necessities of life. Under these circumstances speaking of sustainable development and the protection of rights of marginalized people, such as the indigenous peoples, remains illusive. Society has so far failed to provide adequate conditions to these groups of people to enjoy their rightful entitlements. The education system has also failed to serve its purpose. Education and the sense of social responsibility do not evolve in abstraction.

The inner line regulations enacted by the British in 1873 provide the basis for safeguarding tribal rights in most of the north-Border states and in practice the regulation were followed. These regulations prohibit any non-tribal person, including citizens from others states to cross an inner boundary without a valid permit. Bo rubber, wax, ivory or others forest products may be removed from the protected areas without prior authorization. No outsiders were allowed to own land in tribal areas without approval from tribal authorities.

The 2001 census indicated that 8.2 percent of the population belonged to scheduled tribes. According to the Indian Confederation of Indigenous and Tribal Peoples, 80 percent of the tribal population lived below poverty level and more than 40 thousand tribal women mainly from Orissa and Bihar were forced into situation of economic and sexual exploitation. The 1955 Protection of civil Rights Act prescribed special courts to hear complaints of atrocities committed against tribal people.

In February 2004 the Supreme Courts decided that the Scheduled castes and Scheduled Tribes (Preventions of Atrocities) Act of 1989 still applied to crime victims from scheduled tribes and castes, even if they had converted from Hinduism to another religion. The decision was in response to an appeal of a Kerala High Court decision, which held that because a rape victim had converted to Christainity she was no longer covered by the act.

Numerous tribal movements demanded the protection of tribal land and property rights. The Jharkhand movements in Bihar and Bodo movements in Assam reflects deep economic and social grievances among indigenous peoples. As a result of complaints, tribal-population states were created in 2000 from the Jharkhand area of Bihar and the Chhattisgarh region of Madhya Pradesh and authorities provided local autonomy to some tribal peoples in the north-east.

That the intentions of the Union Government were never neutral and promising for the indigenous peoples . Its quite clear from the policies and action of the Indian Government since the merges of the state to the India Union. This could be seen from the inaugural speech of the then chief commissioner Himmat Singh addressed to the members of the advisory Council of Manipur at the first session of the council held of 9th October 1950.

He said, in view of that importance, you should constantly bear in mind the vital fact that Manipur is an integral part of the republic of India. All Manipuris, Meities and tribesman alike, should therefore think more and more in terms of their rights and Obligation as Indian first, and not merely as residents of the small states of Manipur.

People of others parts of India can no longer be treated as foreigners and discriminatory treated against them is neither possible nor wise commissioners Himmat Singh. It was unfair on his part to threaten the people of a just annexed Nation. Not only words he also turned it into action. He abolished the then existing permit system immediately after holding office On, 18 Nov 1950.

This indicates an underlying policy of the Union Government to neutralise the demographic structure of the indigenous peoples of Manipur to the population of the mainland India. This clearly is at the expense of the people of the state. This shows that the Union government had always an agenda of its own when it comes to the Original people of the State.