Mains Daily Question
Sept. 8, 2023

Q2. Discuss the significance of the Sixth Schedule in protecting the rights and interests of tribals in India. Also, highlight some key challenges in its implementation.

Model Answer

Approach:

Introduction: Briefly outline the objective of the Sixth schedule of the Indian Constitution.

Body: Mention its significance and also highlight the challenges in its implementation.

Conclusion: Mention the steps that should be taken for effective implementation of the Sixth schedule.

 

Answer:

Article 244(2) provides that the provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura, and Mizoram. It intends to protect tribal land and resources by prohibiting the transfer of such resources to non-tribal individuals and to ensure that the tribal communities are not exploited or marginalized by non-tribal populations and that their cultural and social identities are preserved and promoted.

Significance of the Sixth Schedule:

  1. Autonomy and Self-Governance: The Sixth Schedule grants tribal areas a degree of autonomy by establishing autonomous district councils (ADCs) and autonomous regional councils (ARCs). These councils have legislative and executive powers, enabling local tribal communities to manage their affairs independently.
  2. Resource Management: ADCs and ARCs exercise control over land and natural resources within their territories. According to the Ministry of Tribal Affairs, these councils have helped tribal communities secure their land rights, preventing illegal transfers and ensuring resource management sustainably.
  3. Cultural Preservation: The limited applicability of the Acts of Parliament and State Legislature to tribal areas and the power of ADCs to make laws on social customs have been instrumental in preserving and promoting indigenous customs and languages. For example –  Khasi Hills Autonomous District Council (KHADC) and the Jaintia Hills Autonomous District Council (JHADC) in Meghalaya.
  4. Conflict Mitigation: The District and Regional Councils are empowered to constitute Village and District Council Courts for the trial of suits and cases where all parties to the dispute belong to Scheduled Tribes within the district. This helps in mitigating conflicts by addressing local issues and grievances.
  5. Protects tribal economic interests: The District and Regional Councils are empowered to make laws for regulations of money-lending or trading by any person other than Scheduled Tribe residents in that Scheduled District. The Councils are given the power to grant licenses or leases for the extraction of minerals within their jurisdiction. 

Challenges:

  1. Different tribal populations under a single autonomous council: Within a single autonomous council, there are various tribal populations with multiple cultures and customs. For example, In the North Cachar Hills district, which was renamed Dima Hasao, there are 13 tribes; the major tribal groups are Dimasa, Kuki, Zeme, Hmar and Karbi.
  2. Insufficient allocation of funds: The Members of Chakma, Lai, and Mara Councils are of the view that the funds provided by the Central Government are insufficient and that funds should be distributed to local councils based on their level of backwardness rather than their population.
  3. Multiple centres of power: While the Autonomous district councils(ADCs) have been granted significant powers to make laws, the state governments still have a significant role in the administration of these areas, which limits the effectiveness of the ADCs. For example, in Meghalaya, despite the formation of the state, the whole of the state continues to be under the sixth schedule causing frequent conflict with the state government.
  4. Inter-tribal conflicts: The ADCs are meant to represent the interests of all tribal communities in a district, but sometimes, the political process of electing members to the ADCs can lead to conflicts between different tribal groups. 
  5. Corruption and lack of accountability: In the functioning of the ADCs, there have been allegations of corruption and misuse of funds. Hence, there is a lack of transparency and accountability in their functioning.
  6. Lack of awareness and participation: Many tribal communities are not fully aware of the provisions of the Sixth Schedule and their rights under it. This can lead to a lack of participation in the political process and a limited understanding of the benefits of the ADCs. 

So, to ensure the effective implementation of the sixth schedule we need to strengthen the autonomous district councils by providing them adequate resources, powers and autonomy. We should encourage the involvement of local tribal communities in the decision-making process by making them aware of the Sixth Schedule and the government should conduct regular monitoring and evaluation of the implementation of the Sixth Schedule.

 

Subjects : Polity
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