Context: The Majoritarian Shadow Over Adivasi Identity, Faith
The editorial critiques demands to delist Christian Adivasis from the Scheduled Tribe category and argues that tribal identity under Article 342 is rooted in ethnicity, ancestry, customary practices and community identity, unlike the Scheduled Castes framework under Article 341.
Core Constitutional and Judicial Debate
Article 341
- President notifies Scheduled Castes through the Constitution (Scheduled Castes) Order, 1950.
- Initially applicable only to Hindus.
- Extended to Sikhs in 1956 and Buddhists in 1990.
- State of Kerala v. Chandramohanan, 2024: Reaffirmed that SC status is governed by the Presidential Order.
Article 342
- President notifies Scheduled Tribes.
- ST recognition is based on tribe, ethnicity, distinct culture, customary institutions and community identity, not religion.
- Therefore, Article 341 logic cannot automatically apply to Article 342.
Judicial Support for Tribal Identity
Kartik Oraon Case, Patna High Court, 1963
- “An Oraon remains an Oraon whether Hindu, Christian or Buddhist.”
- Held that religious conversion does not automatically extinguish tribal identity.
Oraon / Kurukh Tribe
- Found in Jharkhand, Chhattisgarh, Odisha, Bihar and West Bengal.
- Language: Kurukh, a Dravidian language.
Birsa Munda and Ulgulan
Birsa Munda, 1875–1900
- Tribal leader from the Munda community.
Ulgulan, 1899–1900
- Also called “The Great Tumult”.
- Against British rule.
- Against land alienation and exploitation of tribals.
- Centred in the Chotanagpur region, present-day Jharkhand.
Tribal Rights Framework
PESA Act, 1996
- Panchayats Extension to Scheduled Areas Act.
- Applies to Fifth Schedule Areas.
- Gram Sabha as the core institution.
- Consultation before land acquisition and mining.
- Control over Minor Forest Produce.
Forest Rights Act, 2006
- Corrects historical injustice against forest dwellers.
- Individual Forest Rights: Cultivated forest land up to 4 hectares.
- Community Forest Rights: Forest resources, grazing land, water bodies and Minor Forest Produce.
- Habitat Rights for Particularly Vulnerable Tribal Groups.
Way Forward
- Do not make religion the basis for ST identification.
- Strengthen implementation of PESA Act, 1996 and Forest Rights Act, 2006.
- Empower Gram Sabhas in Scheduled Areas.
- Protect tribal land from alienation and displacement.
- Improve education, healthcare and livelihood opportunities.
- Strengthen Fifth Schedule safeguards and tribal self-governance.
