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Announcement
Tribal ‘self-rule’ in India– need for autonomous government structure

Student name: Mr Vaidik Bajpai
Guide: Ms Manisha Badoni
Year of completion: 2021

Abstract:

Indigenous tribes have always acquired a peculiar place in history of India. It is surprising how in a land-locked India, Scheduled tribes have retained their identity both socially and linguistically. Tribes currently have been provided a right of autonomous governance by the Indian Constitution. With the coming of Panchayats (Extension to Scheduled Areas) Act, 1996, the solitude of Government to give Tribal communities autonomous governments to preserve their own culture and traditions.1

It is interesting to find how indigenous communities have historically been given some form of autonomy to govern themselves. This autonomy has resulted in them retaining a similar decentralized form of government even after the independence of India. More than legal and administrative policies, it is also vital to note the ideologies of race and science have also shaped the governance of entire communities for centuries.2

Emphasising on the concept of autonomy, this dissertation would explore system of governance which would give exclusive legislative powers to the ground-level tribal communities. The existence of such powers is important for the tribal communities as this would be in conformity with all international standards according to which right of autonomy to tribal communities is inherent to such communities.3 There exists scope of research into what subjects or areas can be specifically be given to the Tribal communities to legislate. It would be interesting to note which Government, be it Centre or State can best help accommodate this proposal. It is also necessary to analyse whether a separate judicial court or tribunal can be established for the laws governing Tribes of India. Countries like USA have specific Tribal Courts which deal with such a subject. It is important to analyse whether autonomy can be coupled with a judicial layer of protection in the form of Tribal Courts.