September 13 holds an important place in the history of the struggle for the rights of Indigenous and tribal communities. On September 13, 2007, the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by an overwhelming majority. A total of 143 countries voted in favour of the declaration.
According to the United Nations, the declaration provides a comprehensive framework of minimum international standards for the survival, dignity, well-being, culture, land and collective rights of Indigenous peoples across the world.
The significance of the declaration lies in the fact that the question of Indigenous communities is not merely a question of poverty or underdevelopment. It is fundamentally a question of identity, culture, self-governance, land, natural resources and meaningful participation in decision-making processes.
In India too, the Constitution has gone beyond general civil rights by establishing special constitutional and legal mechanisms to protect the rights of tribal communities. The Indian Constitution contains several provisions aimed at protecting Scheduled Tribes, strengthening self-governance and safeguarding their traditional rights over natural resources.
Constitutional Safeguards for Tribal Communities
Article 244 of the Constitution provides the foundation for the administration of areas covered under the Fifth and Sixth Schedules.
In states and areas covered by the Fifth Schedule, Governors have been entrusted with special constitutional responsibilities. The objective is to ensure that laws applicable in Scheduled Areas do not undermine tribal traditions, culture, livelihoods or community rights.
Under Paragraph 5(1) of the Fifth Schedule, the Governor has the power to direct that an Act of Parliament or of the state legislature shall not apply to a Scheduled Area, or shall apply with specified modifications and exceptions. Paragraph 5(2) gives the Governor the power to make regulations for peace and good governance in Scheduled Areas.
Such regulations can be used to restrict the transfer of land, protect tribal land and regulate exploitative practices such as moneylending.
Article 275(1) provides for special grants from the Union government to the states for the welfare of Scheduled Tribes and the administration of Scheduled Areas. Meanwhile, the National Commission for Scheduled Tribes, established under Article 338A, is empowered to safeguard and monitor the constitutional and legal rights of Scheduled Tribes and make recommendations to the government.
PESA and the Power of the Gram Sabha
Following the 73rd Constitutional Amendment, the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted to strengthen village-level self-governance in Scheduled Areas.
Under PESA, the Gram Sabha has been given an important role in matters concerning the conservation of natural resources, minor forest produce, water sources, land acquisition, rehabilitation, mining, local development plans and social and cultural traditions.
The Gram Sabha is therefore regarded as the basic institution of tribal self-governance.
Similarly, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act, gave legal recognition to individual and community forest rights.
The law recognizes the Gram Sabha's role in the protection, management and use of community forest resources. It also acknowledges the historical role played by tribal communities in the conservation of forests.
In addition, existing laws concerning land acquisition, rehabilitation and resettlement contain special provisions for Scheduled Areas, including provisions relating to the consent of Gram Sabhas, social impact assessments and protection of the rights of affected families.
Tribal Sub-Plan: Development with a Special Focus
The Tribal Sub-Plan (TSP) is a special strategy and financial mechanism designed to promote the rapid and comprehensive development of Scheduled Tribes in India.
Under this approach, a defined share of the overall development budget—generally linked to the proportion of the tribal population—is earmarked for the development of tribal communities and areas.
The strategy has particularly focused on areas with a high concentration of tribal populations. Its objectives include improving education, healthcare, housing, drinking water, skill development and livelihood opportunities, while also protecting tribal communities from exploitation.
According to the 2011 Census, India's Scheduled Tribe population stood at approximately 104.5 million, or 8.6 percent of the country's total population. In rural India, Scheduled Tribes accounted for 11.3 percent of the population.
These figures make one point clear: tribal communities are not a marginal component of India's social structure. Yet their position within the mainstream development process remains deeply unequal.
According to the 2011 Census, the literacy rate among Scheduled Tribes was around 59 percent, compared with 73 percent for the country's population as a whole. Among tribal women, the literacy rate was only 49.4 percent.
The economic dimensions of this deprivation are equally serious. According to the NITI Aayog's National Multidimensional Poverty Index, 20.63 percent of Madhya Pradesh's total population was affected by multidimensional poverty during 2019–21.
In tribal-dominated regions, poverty is not simply a matter of income. It is also closely connected to access to education, healthcare, nutrition, housing, drinking water, sanitation and basic public services.
This is why tribal development cannot be reduced to the construction of roads, electricity infrastructure and buildings. Development can be just only when it protects the land, culture, livelihoods and community decision-making systems of tribal society.
Land, Forests, Water and Livelihoods
Historically, tribal economies have been closely connected with forests, land, water sources and community-owned natural resources. Agriculture, livestock rearing, fishing, minor forest produce, handicrafts and forest-based livelihoods remain important foundations of tribal economic life.
Consequently, when mining projects, large dams, industrial projects, diversion of forest land or other development projects enter tribal areas, their impact cannot be measured merely in terms of a piece of land being acquired.
Such projects can profoundly affect livelihoods, social structures, cultural identity and community life.
This is precisely why the role of the Gram Sabha under PESA and the Forest Rights Act is so important.
The Gram Sabha is not merely an administrative formality. It represents the local expression of the constitutional vision of tribal self-governance.
Development Must Respect Culture
Tribal culture is deeply rooted in forests, mountains, rivers, sacred sites, languages, folk songs, dances, seeds, agricultural practices and community traditions.
For this reason, displacement from ancestral land is not merely economic displacement. In many cases, it also becomes cultural displacement.
The United Nations Declaration on the Rights of Indigenous Peoples recognizes this broader understanding. It attaches importance to Indigenous peoples' identity, culture, traditions and their right to determine the direction of their own development. It also emphasizes their effective participation in decisions that affect their lives and resources.
A significant common principle can therefore be seen between India's Constitution, PESA, the Forest Rights Act and the United Nations Declaration: tribal communities should not be treated merely as passive beneficiaries of development. They must be recognized as decision-makers in determining their own future.
Tribal communities also make significant social and environmental contributions to the country and play an important role in national development, including in efforts to meet India's climate commitments.
In view of this, both the Union and state governments should further strengthen the rights and powers granted to Gram Sabhas in Scheduled Areas under land acquisition, rehabilitation and resettlement laws and under PESA.
From Constitutional Promise to Ground-Level Reality
The United Nations declaration of September 13, 2007 established at the international level that Indigenous rights cannot be confined to welfare schemes.
Their dignity, culture, collective identity, land and resource rights are also human rights.
In India, this principle has long been reflected in different forms through the Fifth and Sixth Schedules of the Constitution, PESA and the Forest Rights Act.
India's constitutional framework for tribal rights is extensive on paper. The Fifth Schedule, PESA, the Forest Rights Act and land acquisition legislation provide an important legal foundation for Gram Sabha authority, community resources and tribal self-governance.
The challenge, however, is not simply the existence of these rights. The real challenge is their effective implementation.
This is where the constitutional promise of tribal rights and the realities of development on the ground often come into conflict.
The task before us is therefore to ensure that these provisions move beyond the pages of legislation and become effective rights in practice.
Reimagining Development in Tribal Areas
Today, there is a need to redefine what development means in tribal regions.
The autonomy of the Gram Sabha, community forest rights, protection of land, local livelihoods, education, healthcare and cultural identity must be placed at the centre of development policy.
Protecting tribal rights is not merely a question of protecting the interests of tribal communities. It is also about strengthening democracy at the grassroots, ensuring the equitable use of natural resources and maintaining ecological balance.
Given the historical role of local communities in conserving forests and natural resources, protecting their rights is also an essential condition for environmental protection.
Therefore, September 13 is not merely the anniversary of a United Nations declaration. It is an opportunity for India to reflect on and reaffirm its own constitutional promise.
For tribal communities, the demand is not protection, but rights; not development at any cost, but just and equitable development; not representation alone, but meaningful participation in decision-making; and not welfare, but self-governance with dignity.
Ultimately, the true meaning of tribal rights is this: the future of the land, forests, rivers and culture that have sustained a community for generations must be decided with the voice of that community at the centre.
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*With Bargi Dam Displaced and Affected Persons Association
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