Define Tribe. Examine the concept of Tribe as per the Indian Constitution

Definition of Tribe

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A tribe is generally defined as a social group that shares common characteristics such as language, culture, religion, and a common ancestry. Tribes typically have a distinct social organization and are often characterized by their isolation from mainstream society. In anthropological terms, tribes are often seen as a form of social organization that may consist of extended families or clans, and they maintain a close connection with their land, environment, and traditional ways of life.

Tribe as per the Indian Constitution

The Indian Constitution recognizes certain communities as Scheduled Tribes (STs) under Article 342. These communities are referred to as “tribes” or “tribal communities” and are considered socially and economically disadvantaged groups that require affirmative action for their upliftment.

The concept of Tribe in the Indian context is linked to a set of criteria that are considered to determine whether a community qualifies as a Scheduled Tribe:

1. Geographical Isolation:

• Tribes are often located in geographically isolated or remote areas, particularly in forests, hills, or mountainous regions. This isolation leads to a limited interaction with the mainstream society, which helps preserve their distinct identity, culture, and customs.

2. Distinct Culture and Traditions:

• Tribes have distinct languages, customs, traditions, beliefs, and rituals. These communities are often characterized by their unique social, economic, and political practices that differentiate them from other communities in the country.

3. Social Organization:

• Tribes typically have a system of social organization based on kinship, with a leadership structure that may involve elders or clan heads. Their social organization often includes tribal councils or assemblies to resolve conflicts and make decisions.

4. Economic Practices:

• The economic practices of tribes are often different from those of other communities. They may rely on agriculture, hunting, gathering, and pastoralism. These practices are usually adapted to the local environment and are often sustainable in nature.

5. Self-Identification:

• A tribe usually identifies itself as distinct from other communities. Tribal members typically maintain a strong sense of identity based on their shared heritage, customs, and ways of life.

Tribes in the Indian Constitution:

The Indian Constitution provides a framework for the identification, recognition, and protection of Scheduled Tribes, and their inclusion in affirmative action programs. Here are key aspects of the constitutional provisions related to tribes:

1. Article 342 – Scheduled Tribes:

• Article 342 empowers the President of India to notify communities as Scheduled Tribes for the purposes of the Constitution. This list is based on the recommendations of the Governor of the respective state, which takes into account the unique characteristics of the tribes.
• The communities that are recognized as Scheduled Tribes are eligible for benefits under affirmative action policies, including reservations in government jobs, educational institutions, and legislatures.

2. Fifth and Sixth Schedules:

• The Fifth Schedule of the Indian Constitution addresses the administration and control of areas inhabited by Scheduled Tribes, particularly in the Scheduled Areas. It deals with the protection of the rights of these communities, and the powers vested in the Governor to make regulations for the management of these areas.
• The Sixth Schedule provides special provisions for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. It allows for the establishment of Autonomous District Councils in these areas, which have authority over matters related to land, local administration, and customs.

3. Legal Protection and Welfare Measures:

• The Constitution provides for the protection and welfare of Scheduled Tribes through various provisions. These include the protection of their land rights, safeguards against exploitation, and the promotion of their educational and economic development.
• Article 46 emphasizes the promotion of the educational and economic interests of Scheduled Tribes and protects them from social injustice and all forms of exploitation.
• The Constitution also recognizes the importance of preserving the distinct identity and culture of tribes while ensuring their participation in national development.

Challenges in Defining and Recognizing Tribes:

While the Constitution offers a legal framework for the identification and protection of tribes, the concept of a tribe remains complex and has evolved over time. Some of the challenges in defining tribes include:

1. Cultural and Social Changes: Tribes have gradually integrated with mainstream society, leading to changes in their traditional lifestyles. This integration sometimes makes it difficult to identify whether certain communities continue to fulfill the traditional characteristics of tribes.
2. Ethnographic Ambiguity: In some cases, the boundaries between tribes and other communities are not always clear, and anthropologists and sociologists may have differing opinions on the classification of a group as a tribe.
3. Political and Administrative Considerations: The process of identifying Scheduled Tribes often involves political considerations, and there have been debates about the inclusion or exclusion of certain groups based on their socioeconomic status, integration with mainstream society, or the presence of a distinct cultural identity.

Conclusion:

In conclusion, the Indian Constitution recognizes tribes as Scheduled Tribes (STs), offering them special protections and affirmative action. The concept of a tribe in India is based on certain cultural, social, and geographical criteria, emphasizing the need for their upliftment in the face of historical disadvantages. However, the identification and categorization of tribes remain complex and fluid, influenced by social, cultural, and political factors. The Constitutional framework, while offering protections, also faces challenges in adapting to changing realities, making the definition and treatment of tribes an ongoing process.