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October to December 2025 Article ID: NSS9897 Impact Factor:8.05 Cite Score:20 Download: 0 DOI: https://doi.org/ View PDf
Tribal People’s Rights and Protection in India: A Socio-Legal Study
Dr. Lok Narayan Mishra
Assistant Professor (Law) Govt. Law College, Rewa (M.P.)
Abstract: India is home to one of the largest tribal populations in the world.
Scheduled Tribes, commonly referred to as Adivasis or tribal communities,
constitute a distinct socio-cultural segment of Indian society and have
historically lived in close relationship with forests, land, water, and natural
resources. Despite their rich cultural heritage and contribution to ecological
preservation, tribal communities have long experienced dispossession,
marginalisation, economic exploitation, forced displacement, denial of land and
forest rights, inadequate access to justice, and under-representation in
mainstream governance structures. The Indian Constitution recognises the
vulnerability of Scheduled Tribes and provides a range of safeguards designed
to protect their educational, economic, political, cultural and territorial
rights. In addition to constitutional guarantees, Parliament has enacted
specific legislations such as the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, the Provisions of the Panchayats
(Extension to Scheduled Areas) Act, 1996, and the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 to secure
the dignity, autonomy, and livelihood of tribal communities.
This research paper examines the legal
framework relating to tribal people’s rights and protection in India from a
constitutional, statutory and socio-legal perspective. It analyses the meaning
and historical evolution of tribal rights, the constitutional safeguards under
the Fifth and Sixth Schedules, the role of the National Commission for
Scheduled Tribes, the legal recognition of self-governance and forest rights,
and the protection against atrocities and exploitation. The paper also
critically evaluates the implementation gap between law and practice,
especially in matters concerning land alienation, forest rights claims,
displacement due to development projects, poor access to education and
healthcare, and bureaucratic resistance to community autonomy. The paper argues
that while India has one of the most elaborate constitutional and legislative
frameworks for tribal protection, effective enforcement remains uneven and
often inadequate. The paper concludes with suggestions for strengthening tribal
rights through legal literacy, community participation, stronger implementation
of PESA and FRA, land restoration mechanisms, gender-sensitive reforms, and
greater institutional accountability.
Keywords: Scheduled Tribes, Adivasi rights, tribal protection,
Fifth Schedule, Sixth Schedule, PESA, Forest Rights Act, SC/ST Act, land
rights, self-governance.
