Under which law are the rights of indigenous tribal communities protected in India?

Answer By law4u team

In India, the rights of indigenous tribal communities are protected under various laws and constitutional provisions. One of the key legislations aimed at safeguarding the rights of indigenous tribes is the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA). This act is crucial in recognizing and vesting forest rights and occupation in forest land in forest-dwelling scheduled tribes and other traditional forest dwellers. Key features of the Forest Rights Act include: Recognition of Rights: The act recognizes the rights of forest-dwelling scheduled tribes and other traditional forest dwellers to live in and cultivate forest land, among other rights. Forest Rights Committees: The act establishes Forest Rights Committees at the gram panchayat level to assist in the verification and recognition of forest rights. Individual and Community Rights: It provides for the recognition of both individual and community rights over forest land and resources. Consent of Gram Sabhas: The act emphasizes the role of Gram Sabhas (village councils) in the decision-making process, requiring their consent for diversion of forest land for non-forest purposes. Prevention of Eviction: The act prohibits the eviction of forest-dwelling scheduled tribes and other traditional forest dwellers from their land. Apart from the Forest Rights Act, the Constitution of India also includes provisions for the protection of the rights of scheduled tribes. The Fifth Schedule and the Sixth Schedule of the Constitution specifically deal with the administration and control of scheduled areas and tribal areas, respectively. These schedules provide for the protection of the rights of scheduled tribes, regulate the alienation of land, and establish autonomous district councils in tribal areas. Additionally, other laws, such as the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), are aimed at empowering local self-governance institutions in scheduled areas.

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