Tribals in non-ST villages feel left out

Syllabus: Salient features of Indian Society

Context

Rights activists decry delay in bringing them under Fifth Schedule protection

What is the Problem

Tribals who have been cultivating small portions of land for a sustainable living in some of the non-Scheduled Tribe villages and hamlets
predominantly inhabited by PVTGs (Particularly Vulnerable Tribal Groups) such as the Khonds and the Konda Doras in Anakapalli district of Andhra Pradesh, are now a threatened lot.
Any day a private person accompanied by a few government officials can move into their villages with earth movers and raze their settlement, which have been their homes since the last four to five decades.

Constitutional Provisions

On January 26, 1950, when the Constitution came into force, the
Fifth Schedule gave special protection to villages that were predominantly inhabited by tribals across various States.
Sixth Schedule of the Constitution catered to the entire tribal belt of the Northeast.
The authorities had demarcated the Fifth Schedule areas, including in Andhra Pradesh, based on documents provided by British rulers.
The issue of tribals in non-ST villages and atrocities committed against them by non-tribals first came to the fore in Andhra Pradesh during the Srikakulam Naxal uprising in the 1970s.

What is the advantage

Notifying a tribal village under the Fifth Schedule gives it protection.
Primarily, being a tribal village, not an inch of land can be taken from them by any non-tribal or a private corporation.
Even the natural resources cannot be exploited, as they are protected by a number of laws and Acts such as the Panchayats (Extension to Scheduled Areas) Act, 1996, the Forest Rights Act (FRA), the 1/70 of AP Government Act and the Samata judgment.
Once these villages are notified under the Fifth Schedule, the villages will be entitled to funds from the Tribal Sub-Plan, which can be utilised for development and they will come under the purview of the ITDAs (Integrated Tribal Development Authority).
Their cases can be settled at the sub-collector or Tehsildar level and they need not run from pillar to post at the civil courts.

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