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Question #10

What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes(STs)?

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The two major legal initiatives by the State addressing discrimination against Scheduled Tribes (STs) since Independence are:

  1. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This act provides protection to STs against various forms of discrimination, oppression, and violence. It aims to prevent the commission of offenses against members of SCs and STs and provides for sterner punishments for offenses committed against them. The act also establishes special courts for the speedy trial of such offenses.

  2. The Fifth and Sixth Schedules of the Indian Constitution: These schedules provide special constitutional safeguards for the protection and advancement of the rights and interests of STs. The Fifth Schedule applies to certain specified areas that are predominantly inhabited by STs and establishes provisions for the governance and administration of these areas. The Sixth Schedule applies to the tribal areas of Assam, Meghalaya, Tripura, and Mizoram and provides for autonomous district councils with legislative, executive, and financial powers to protect the rights and interests of the tribes residing in those areas.

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It's important to specify which state you're asking about. However, since you're talking about Scheduled Tribes and "State" in a broader sense, I assume you're asking about India.

Here are two major legal initiatives by the Indian government since Independence addressing discrimination against Scheduled Tribes (STs):

  1. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (POA Act): This is a landmark legislation that aims to prevent atrocities against STs and SCs. It criminalizes acts of violence, intimidation, and harassment against these communities and provides for stringent punishment for offenders. The act also includes provisions for the protection of witnesses and the speedy trial of cases.

  2. The Constitution of India, 1950: While not a specific law dedicated to STs, the Indian Constitution lays the foundation for affirmative action and protection against discrimination.

  • Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
  • Article 16: Guarantees equality of opportunity in matters of public employment.
  • Article 17: Abolishes untouchability.
  • Article 46: Directs the state to promote the educational and economic interests of SCs and STs.
  • Article 330 & 332: Reserve seats for SCs and STs in the Lok Sabha (House of the People) and State Legislative Assemblies.

It's important to note that while these initiatives are crucial steps in addressing discrimination against STs, the challenge of eliminating prejudice and ensuring their full participation in society remains.

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The two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs) are:

  1. The Protection of Civil Rights Act, 1955: This Act was enacted to prohibit and punish acts of untouchability and other forms of discrimination against Scheduled Tribes. It makes it an offense to deny STs access to public facilities, including temples, wells, and restaurants, or to insults or intimidate them on the basis of their tribe. The Act also provides for punishment for violators, including imprisonment and fine.

  2. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This Act was enacted to prevent atrocities and provide relief and rehabilitation to victims of atrocities against STs and Scheduled Castes (SCs). It identifies specific crimes against STs, such as murder, rape, arson, and forced labor, and provides for stricter penalties for these crimes. The Act also establishes special courts and provides for the appointment of special public prosecutors to try these cases. Additionally, it provides for the payment of compensation to victims of atrocities and their families.

Both these Acts aim to protect the rights and dignity of Scheduled Tribes and provide a legal framework to prevent and punish discrimination and atrocities against them.