Tribals In Non-ST Villages in Andhra Pradesh - Challenges faced
Tribals who have been cultivating small portions of land for a sustainable living in some of the non-Scheduled Tribe villages and hamlets, in Anakapalli district of Andhra Pradesh, are now a threatened lot.
These areas predominantly inhabited by PVTGs (Particularly Vulnerable Tribal Groups) such as the Khonds and the Konda Doras.
Any day a private person accompanied by a few government officials can move into their villages with earth movers and raze their settlement.
The issue of tribals in non-ST villages and atrocities committed against them by non-tribals first came to the fore in Andhra Pradesh during the Srikakulam Naxal uprising in the 1970s.
Constitutional provisions for Scheduled Tribes
Fifth Schedule:
The Fifth Schedule of the constitution deals with the management and administration of Scheduled Areas and Scheduled tribes where tribal groups predominate.
Article 244(1): The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram.
States having Fifth Schedule Areas
Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
Sixth schedule:
The 6th Schedule of Indian Constitution describes the establishment of autonomous district councils in Meghalaya, Tripura, Mizoram, and Assam.
Potential solutions to the non-tribal villages in Andhra Pradesh
Notifying a tribal village under the Fifth Schedule gives it protection:
Primarily, being a tribal village, not an inch of land can be taken from them by any non-tribal or a private corporation.
Even the natural resources cannot be exploited, as they are protected by a number of laws and Acts such as the Panchayats (Extension to Scheduled Areas) Act, 1996, the Forest Rights Act (FRA), the 1/70 of AP Government Act and the Samata judgment.
Once these villages are notified under the Fifth Schedule, the villages will be entitled to funds from the Tribal Sub-Plan, which can be utilised for development and they will come under the purview of the ITDAs (Integrated Tribal Development Authority).
Their cases can be settled at the sub-collector or Tehsildar level and they need not run from pillar to post at the civil courts.
The Dhebar Commission and the Koneru Ranga Rao Committee reports, 805 villages in Andhra Pradesh qualify to be notified under the Fifth Schedule.
They are composite tribal villages and located in forest areas.
As per the 2011 census, the population comprises over 50% tribals.
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