India has witnessed a prolonged history of tribal discrimination. Right from the forced assimilation into mainstream Hinduism to conversion into Christianity, they have been robbed of their identity. But the most crucial and the silent sufferers are the tribal women.
Although they enjoy a somewhat higher degree of independence and social dignity compared to the rest of the women belonging to the Indian society, they are subjected to various kinds of taboos and ignorance in terms of health, literacy, occupational, and wage equality. As per the reports around 6.4 % of the tribal women are subjected to sexual exploitation and forced labor. Therefore, it is necessary to look upon the constitutional perspective on tribal women and focus on the reforms needed for their upliftment.
OBJECTIVE
The purpose of this paper is to recognize various constitutional rights granted to tribal women.
To conclude the impact of the constitutional status granted to the tribal women.
To suggest Policies and Reforms for the Welfare and development of tribal women.
CONSTITUTION AND TRIBAL RIGHTS
In the preamble of the Indian constitution, the preface itself speaks about the concepts of equality of status and opportunity, justice (social, political, and economic), and liberty of thought, expression, and belief.
Speaking about the social rights various rights have been granted in the Indian constitution under Article 14 (right to equality and equality before law), art 15 ( right against discrimination based on caste, creed, color, gender, etc.), and Art. 16 ( equality of opportunity in terms of employment and public opportunity ), Art 16(4) ( to make reservations in employment opportunity for scheduled caste and scheduled tribe), and 16(4)A (promotion of scheduled caste and scheduled tribes in the service)
Moreover, there are various special provisions installed in the constitution of India for the rights of the scheduled tribes under Art 342 (recognition of the tribal communities and enlisting them as scheduled tribes in a particular state), Art 244 (1) (special provisions for administration of scheduled tribes and scheduled caste in any state under the 5th schedule), Art 244(2) (administration of scheduled tribes under the 6th schedule in tribal areas in the state of Assam, Meghalaya, Tripura, and Mizoram by designating certain areas as autonomous districts or regions and constituting district, autonomous and regional councils), Art 243D ( reservation of scheduled caste and scheduled tribe in panchayat), Art 330( reservation of SCs and STs in parliament), Art 332 ( reservation of SCs and STs in state legislative assemblies) Art 335 ( claims of ST’s and SC’s shall be taken into consideration consistently with the maintenance of efficiency of administration, in the making of appointments to services), Art 338A, Art 339(1), (related to the appointment of the national commission for investigation, upliftment, empowerment, and administration of scheduled tribes), Art 350( right to conserve distinct language, script, and culture) and Art 164 (provides for Minister-in-charge of tribal welfare).
Article 46 (to promote the educational and economic interest of a weaker section of society especially SCs and STs) and article 275(1) (grants-in-aid from consolidated fund for welfare and upliftment of scheduled caste and scheduled tribe) ensure the economic equality and prosperity of the scheduled tribes.
SPECIAL INITIATIVES FOR WOMEN
Taking into consideration the struggles women in India still witness for equal status several initiatives have been taken to ensure that the women can enjoy freely the rights granted to them.
One of the drastic steps taken toward the social and political upliftment of the women was the 73rd and 74th amendment act, 1994 which provided for one-third of seats to be reserved for women in local government. The act aimed at ensuring a higher degree of women's representation and participation in the decision-making bodies.
The National Commission for Women established in 1992 is a statutory body to protect the legal and constitutional rights of women, review existing legislation and suggest reforms.
The national policy for empowerment of women established under the ministry of women and child development in2001 focuses on the advancement, development, and empowerment of women.
Several schemes like Beti Bachao Beti Padhao, The National Plan of Action for the Girl Child support to training and employment programs for women (STEP), Swayam Siddha, family counseling center (FCC), etc. have been implemented by the ministry of women and child development for the empowerment of the women.
EMPOWERMENT OF TRIBAL WOMEN
It is the cruelest fact that we belong to a patriarchal society where women have been subjugated for decades and with the assimilation of tribal into the conventional Indian society, a glimpse of this dominance is now visible in their culture also. The tribal women (especially after the independence of India) have witnessed various hardships. Being detached from their isolated livelihood to adapting the culture of the mainstream society and fatal health conditions followed by illiteracy, overwork, and inadequate wage payments make their situation more vulnerable. Hence it is necessary to empower them to achieve the goal of social economic and political equality.
For this reason, the ministry of tribal affairs as well as the ministry of women and child development have introduced various schemes for the welfare and upliftment of the tribal women.
To ensure educational equality, schemes for the ashram school are promoted in tribal areas. It is a residential school for STs to promote literacy rate among them. The ministry has notified the construction of such a school in a 50:50 ratio equally divided between girls and boys. Apart from this efforts are being made to promote Education among ST Girls in Low Literacy Districts. The scheme is being implemented in 54 districts with a tribal population of up to 25% and a female literacy rate is less than 35%. Particularly vulnerable tribal groups (PVTGs) and Naxalite areas are expected to be selected on a priority basis. The project aims to bridge the gap between the 100% literacy rate and the tribal girls. The purpose is to prevent school dropout at the elementary level and create an ambiance of education through free books, hostel, regular classes, and awareness programs.
Speaking about the economic empowerment of the tribal women, the Ministry of Tribal Affairs has notified the various state governments that under Special Central Assistance to Tribal Sub Scheme and Article 275(1) grants, one-third of beneficiaries should be women.
One of the major policies introduced by the National Scheduled tribes Finance and development corporation under the ministry of tribal affairs is Adivasi Mahila Sashaktikaran Yojana which focuses on providing economic support and independence to the tribal women in the form of easily available loans.
PROPOSAL FOR WELFARE AND DEVELOPMENT OF TRIBAL WOMEN
With the changing time and the growing needs of society, some of the laws become obsolete, and thus amendments and legislative enactments become necessary. A few suggestions for empowerment and upliftment of tribal women are listed below:
Firstly, provisions related to reservation specifically for tribal women should be introduced in employment as well as educational sectors. At least thirty-three percent of seats should be reserved for the tribal women under Art 16(4).
Health is a very important aspect that determines empowerment. Therefore, a positive initiative should be taken in this direction to provide medical assistance to the socially and economically backward classes. It is also suggested to make necessary amendments in Art 275(1) to ensure that at least one-third of the beneficiaries are women to achieve economic equality.
The presence of schemes and policies in such a huge number leads to confusion and chaos. Hence some of the policies need to be merged and repealed to make the convenient implementation of the policies
CONCLUSION
With the support of the Indian constitution, indeed the status of the tribal women has been improved. Now tribal women are active participants in the social, political, and economic aspects of life. There has been significant growth in literacy rate and economic independence. But the question arises whether the constitutional status granted is sufficient to strengthen their identity and individuality?
Although their social status has appreciably enhanced compared to past decades, they still encounter the inherent problems for which even schemes have been enacted like fatal health conditions arising due to malnutrition, high maternal and infant mortality rate, high fertility rate followed by the problems that have been left unaddressed like overburden of work, sexually exploitive markets forces and female trafficking.
Moreover, the biggest issue at hand is the absence of any specific law in the constitution related to tribal women’s rights. It is high time that the legislature should intervene to install some policies and make necessary amendments to ensure the welfare and development of tribal women.
REFERENCES
UN (1975) convention on eliminating all kinds of discrimination against women: United Nation; New York; UN general assembly
The Constitution of India containing 450 articles in 22 parts, 12 schedules and 94 amendments
National Commission of women Act,(1990) ; Act.no.20.Government Of India
Dr. Rupendra Kavi (2018). Empowerment of Tribal Women: An Anthropological Perspective, The Researchers - December 2018, 4(3):01-06. doi - 10.21276/tr.2018.4.3.AN1