Land Rights of Tribals and SC/ST Act | 13 Jun 2024

Why in News?

Recently, Jharkhand’s Chief Minister directed officials to safeguard the land rights of tribals and take quick action to ensure their possession over plots where court rulings are in their favor following disputes.

• Emphasising that Scheduled Tribes (STs) have been the most marginalised and deprived population, it was also directed to officials that all cases registered under  the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 be disposed of on a priority basis.

Key Points

• The Constitution of India does not endeavor to define the term 'tribe', however, the term Scheduled Tribe' was inserted in the Constitution through Article 342 (i).
  • It lays down that 'the President may, by public notification, specify the tribes or tribal communities or parts of or groups within the tribes or tribal communities or parts which shall, for the purposes of this Constitution, be deemed to be Scheduled Tribes.
  • The Fifth Schedule of the Constitution provides for the setting up a Tribes’ Advisory Council in each of the States having Scheduled Areas.
• One of the most significant issues faced by tribal communities is the lack of secure land rights. Many tribes live in forest areas or remote regions where their traditional rights to land and resources are often not recognized, leading to displacement and land alienation.
• SC/ST Act 1989 is an Act of Parliament enacted to prohibit discrimination against SC & ST communities members and prevent atrocities against them. 
  • The Act was passed in Parliament of India on 11th September 1989 and notified on 30 January 1990.