Relevance: GS-3: Welfare Schemes for Vulnerable Sections of the population by the Centre and States and the Performance of these Schemes; Mechanisms, Laws, Institutions and Bodies constituted for the Protection and Betterment of these Vulnerable Sections.

Key Phrases: POCSO Act, Traditional Practices, Gender Neutral, Integrated Learning, Non-Exclusionary Knowledge

Why in News?

• In Nilgiris district of Tamil Nadu the practice of marrying early unwittingly lands young tribal men in jail under the POCSO Act.
• Tribal people practice customs that “civilized” society finds difficult to accept. Child marriage, for instance, is common in some of these communities. There are ceremonies attached to each practice, sanctified by religion.
• Due to the conflict between some of these traditional practices and the law of the land, tribal people often unwittingly end up in jail.

POSCO Act:

• Gender Neutral: The Act is gender neutral and regards the best interests and welfare of the child as a matter of paramount importance at every stage so as to ensure the healthy physical, emotional, intellectual and social development of the child.
• Definition of a Child: The Act defines a child as any person below eighteen years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.
• Defines forms of Sexual Abuse: forms of sexual abuse includes penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.
• Child Trafficking: People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act. The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.
• Definition of Child Pornography: It defines "child pornography" as any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer generated image indistinguishable from an actual child, and image created, adapted, or modified, but appear to depict a child;

Constitutional Safeguards:

• Provisions to prohibit discrimination:
  • Article 15 prohibit discrimination on grounds of religion, race, caste, sex or place of birth.
  • Similarly, under Article 17 of the Indian constitution untouchability is abolished.
• Equal opportunities:
  • Article 16 pertains to equality of opportunity in matters of public employment.
  • Article 46 promotes educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.
• Safeguard of Tribal Interests:
  • Under Article 19 (5), while the rights of free movement and residence throughout the territory of India and of acquisition and disposition of property are guaranteed to every citizen, special restrictions may be imposed by the state for the protection of the interests of any Scheduled Tribe.
  • For example, state may impose restrictions on owning property by non tribals in tribal areas.
• Minister in-charge of tribal welfare:
  • Article 164 It provides for a Minister-in-charge of tribal welfare in the states of MP, Chhattisgarh, Orissa and Jharkhand.
  • These states have substantial tribal populations and special provision of a Minister looking after tribal welfare is an evidence of the concern of the framers of the constitution for safeguarding the interests of Scheduled Tribes.
• National Commission for Scheduled Tribes:
  • As per Article 338-A of the Constitution of India, the National Commission for Scheduled Tribes has been set-up to, inter-alia, investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or under any other law.
  • It also inquiries into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes.

Major legal initiatives for addressing discrimination against Scheduled Tribes:

• Protection of Civil Rights Act, 1955:
  • In order to stop practice of untouchability the Protection of Civil Rights Act, 1955 has been enacted.
  • This Act provides assistance to the States and Union Territories for the implementation of the constitutional provisions for the Scheduled Tribes.
  • It also provides funding for the states to assist victims of atrocities and for the provision of incentives for the creation of special courts, inter-caste marriages and awareness generation.
• Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989:
  • This act was enacted in order to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes.
  • The act provides for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected.
• Panchayats (Extension to the Scheduled Areas) Act, 1996:
  • It was enacted in order to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.
• Recognition of Forest Rights Act, 2006:
  • The act was enacted to recognize and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations.

Reasons for Tribal Customs Being Different from Mainstream System:

Tribal knowledge systems represent inter-generational wisdom in band societies passed on to the present times through centuries of experience and learnings. 

While similar characteristics can be seen in evolution of mainstream knowledge and culture, tribal knowledge systems are unique due to following reasons: 

• Closeness to Nature: Tribal societies have contemporary knowledge of nature due to continued closeness to forests, flora and fauna. Mainstream societies have moved on to agricultural basis of society, and their cultural knowledge represents impressions of their tribal past, which no longer exists. 
• Conservation of Knowledge: While mainstream knowledge systems are based on rigorous refining and questioning of ideas through discussions and scientific verification, tribal methods are based on conservation of knowledge. For example, the awareness among tribals of Andaman & Nicobar about a wall of sea helped them against Tsunami in 2004. 
• Songs and Stories: Tribal knowledge systems are stored in songs and stories, while mainstream knowledge is preserved in books and recordings. 
• Integrated Learning: Tribal knowledge systems promote integrated learning for the community. In mainstream society, knowledge and traditions have bifurcated, with traditions becoming a subject of study instead of mode of studying. 
• Non-Exclusionary Knowledge: Tribal knowledge systems are non-exclusionary and marked by equity. Mainstreams knowledge systems are mired in barriers like cost of education, patent protections, social exclusion etc. 

Way Forward:

• Tribal populations have made substantial headway in education thanks to a targeted campaign to create awareness. Such tools can be employed in the implementation of the POCSO Act.
• Government has adopted a multi-pronged strategy for overall development and mainstreaming of tribal people in the country, which includes support for education, health, sanitation, water supply, skill development, livelihood, infrastructure, etc.
• Tribal and mainstream societies are not mutually exclusive systems. Constant interaction and mutual dependence have enriched both. The way forward should be based on mixture of mutual learning and preservation through salad bowl model instead of assimilation. 
• Recent initiatives like India’s Traditional Knowledge Digital Library initiative or the Nehruvian model of Tribal Panchsheel are some other approaches.

Sources: The Hindu  Hindustan-Times

Mains Question:

Q. Recently there have been instances where Tribals where wrongly convicted for their customary practices. In this context discuss the constitutional and legal provisions safeguarding the tribal interests and also the reasons for Tribal customs being different from the mainstream system?