Question

How are the government in various states of India responsible for the violation of Tribal rights?

Answer 1

The Constitution of India has provided special provisions to the tribal people to safeguard their interests. Article 15 of the Indian Constitution[11] states that the state shall not discriminate any citizen on grounds of religion, race, caste, sex, place of birth or any of them.

Answer 2

In the egalitarian society of dominance and exploitation, the tribal community in India has become the most marginalized community. They are at the center of their democratic and socio-economic rights..  

Explanation:

• The state of tribe groups still remains unchanged in India after centuries. The violation of basic human rights and the brutality of the state, especially tribal women, have been committed
• Tribal communities, like that of the Dalits, have endured alienation and social discrimination. Understanding contemporary tribal societies needs a profound respect for the cycles of history that have defined the direction of successive shifts in tribal communities ' theoretical, political, technological, and social cultural life.
• The democratic Indian state has several constitutional statutes which protect the rights of tribal communities and ensure social justice. In this respect, however, the democratic experiment  was not successful.  As a result, tribal movements are on the rise for their rights in the region. All the Indian tribes all share a history of discrimination they all have in common
• In particular in Andhra Pradesh during the last decades, development projects have become more troublesome.  The Polavaram barrages, to be constructed across the Godavari River, are situated in the three states: Andhra Pradesh, Chhattisgarh and Orissa.  At least 150,000 of them are vulnerable  particularly tribal
• The tribal groups are dearly shocked in terms of their livelihood and their survival, and the rest are mainly Dalits who rely on small-scale forest for their livelihood. Dislocation disturbs not only the lives of those involved and their families, but also their entire communities and societies.  In many  cases,  due  to  displacement,  socio-economic  systems  and  community  structures  breaks  down
• The constitutional protections as provided for in the 5th Schedule  of the Constitution of India and several other state laws, which prohibit among others the transfer of Tribal lands, have not prevented the Tribal people from being alienated from the region. Land alienation is caused primarily by the Land Acquisition Act-1894, which enables a government to extend its sovereign authority to seize any land for public purpos
• The non-tribal people have illegally occupied hundreds of hectares of tribal land in Andhra Pradesh through violence and conquest of Tribal territories by marrying Tribal women. There  is ample of evidences  that  a  majority  of  these  non-tribals  are  from  coastal  Andhra  upper  caste  and  ruling  classes. In  similar lines  of Andhra Pradesh in Kerala Land Transfer Regulation was amended in an attempt to accommodate the interest of non-tribals tribal district has become a victim to most atrocious non-tribalspenetration from coastal areas.
• After the creation of private property and modern nation states, as tribals have no legal rights over the lands in which they have lived and developed for generations, non-tribals were able to acquire tribal land. Often, the law declares these unregistered lands  as  reserved  or  protected  forests,  or  sanctuaries  and  national  parks.  
• The  access  of  Tribal  communities to forest produce or to the grazing of cattle is rendered illegal,they are threatened and penalised for entering into the  forest.  Many of these people belong to the Aboriginal groups.  The only legal protection that they have is the due process of the law; they live under the constant danger every day of being evicted from their homes.
• In recent years, the state has been using power to silence these people in order to deny them the right to life, when they have protested against forest oppression or raised their voices to demand legal rights.
• Tribal communities have failed to conserve and promote their language and culture; although in paragraph 5 of Article 19 of the Constitution an ethnic or linguistic minority has the right to preserve its language, culture and culture. So Tribe as individuals and groups, have the right to use their language, to practice their own culture, to know the history, tradition and patrimony of their own people, etc. While the state cannot, by law, impose upon them any other culture or language neither  has  it  taken  any  positive  steps  worth  the  name  towards  meeting  this  provision  of  the constitution.
• This essential Panchayat (Extension to Scheduled Areas) PESAAct 1996 has been implemented in recent years to improve the constitutional provisions of security of tribal communities. It gives the Tribes the power to protect and protect the traditions, customs and cultural identity of the peoples, their communitarian resources and the traditional methods of settlement of disputes through Gram Saba. Ironically enough, it is hardly in essence that the provisions of the Panchayat Act will take place.  In the planned areas of Andhra Pradesh, Chhattisgarh, Jharkhand and Orissa, there are, however, significant violations of the PESA act of 1996 on mining and land acquisitions.