Tribe and scheduled tribe

Understanding ‘Tribe’ – An Anthropological Perspective

From an anthropological standpoint, a tribe is a complex social group, typically united by factors like common descent, language, culture, and territory. Tribes often possess a distinct political organization, though it may not always be formalized. They are generally smaller than nations and exhibit a strong sense of collective identity. Anthropological studies emphasize the diversity of tribal societies globally, highlighting their unique adaptations to specific environments and their rich cultural heritage. The concept of ‘tribe’ is fluid and can vary significantly across different regions and historical periods.

‘Scheduled Tribe’ – A Constitutional Category

The term ‘Scheduled Tribe’ is a legal designation defined in Article 366(25) of the Indian Constitution. It refers to communities that are deemed ‘primitive’ in their way of life, geographically isolated, and socially and educationally backward. The President of India, through a notification under Article 342 of the Constitution, declares which communities shall be deemed to be Scheduled Tribes in relation to a particular state or union territory. This process is based on recommendations from the state governments.

Key Differences: A Comparative Analysis

The distinction between ‘tribe’ and ‘Scheduled Tribe’ is crucial. Not all tribes are Scheduled Tribes, and the constitutional recognition carries significant legal and socio-economic implications. The following table summarizes the key differences:

Feature	Tribe	Scheduled Tribe
Definition	Anthropological; based on kinship, culture, and territory.	Constitutional; based on specific criteria of primitiveness, isolation, and backwardness.
Recognition	Recognized by anthropologists and social scientists.	Recognized by the President of India under Article 342.
Legal Status	No specific legal status unless specifically recognized as ST.	Entitled to specific constitutional safeguards and affirmative action benefits.
Criteria	Varies based on anthropological studies.	Defined by Article 366(25) of the Constitution.
Scope	Global; applicable to various indigenous groups worldwide.	Specific to the Indian context.

Constitutional Safeguards for Scheduled Tribes

The Indian Constitution provides several safeguards for Scheduled Tribes, including:

• Article 15(4): Allows the state to make special provisions for the advancement of socially and educationally backward classes, including STs.
• Article 16(4): Enables the state to reserve posts in public services for STs.
• Article 19(5): Allows restrictions on the right to reside and settle in any part of India for the protection of STs.
• Article 244(1): Provides for the administration of Scheduled Areas and Scheduled Tribes.
• Fifth and Sixth Schedules: Deal with the administration of Scheduled Areas and Tribes in specific states.

Furthermore, the Provisions of the Panchayets (Extension to the Scheduled Areas) Act, 1996 (PESA) empowers Gram Sabhas in Scheduled Areas to self-govern and protect their traditional rights.

Challenges and Contemporary Issues

Despite constitutional safeguards, Scheduled Tribes continue to face significant challenges, including land alienation, displacement due to development projects, lack of access to education and healthcare, and social discrimination. The process of identifying and including communities as STs is often contentious, leading to demands for inclusion and exclusion from various groups. The Forest Rights Act, 2006, aims to address historical injustices related to forest land rights, but its implementation remains uneven.