Bridging the Gap: The Indian Constitution and the Unfinished Promise of Adivasi Rights

The Indian Constitution provides an extensive legal framework to protect and empower Adivasi (Scheduled Tribes) communities through fundamental rights, affirmative action, and special provisions like the Fifth and Sixth Schedules. Despite these safeguards, a persistent gap exists between constitutional guarantees and their practical implementation. This paper critically examines the effectiveness of constitutional provisions, judicial interpretations, and policy measures in safeguarding Adivasi rights. By analyzing landmark Supreme Court rulings, legislative frameworks, and socio-economic challenges, the study highlights systemic barriers—such as land alienation, cultural erosion, and administrative inefficiencies—that continue to hinder the realization of these rights. A comparative analysis with global indigenous rights frameworks underscores the need for adaptive policy measures, robust enforcement mechanisms, and genuine community participation. The findings suggest that bridging this gap requires legal reforms, decentralized governance, and a holistic approach integrating legal, economic, and cultural dimensions to ensure meaningful justice and empowerment for Adivasi communities.

Authors

Publication Details

Journal
International Journal of Social Science and Human Research
Published
2025-03-25
DOI
https://doi.org/10.47191/ijsshr/v8-i3-35
Primary Topic
South Asian Studies and Conflicts
Type
article
Field-Weighted Citation Impact
0.00
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article

Bridging the Gap: The Indian Constitution and the Unfinished Promise of Adivasi Rights

Neelima Arora, Drishti Kalra
International Journal of Social Science and Human Research
South Asian Studies and Conflicts
article

Bridging the Gap: The Indian Constitution and the Unfinished Promise of Adivasi Rights

Neelima Arora, Drishti Kalra
article en

Abstract

The Indian Constitution provides an extensive legal framework to protect and empower Adivasi (Scheduled Tribes) communities through fundamental rights, affirmative action, and special provisions like the Fifth and Sixth Schedules. Despite these safeguards, a persistent gap exists between constitutional guarantees and their practical implementation. This paper critically examines the effectiveness of constitutional provisions, judicial interpretations, and policy measures in safeguarding Adivasi rights. By analyzing landmark Supreme Court rulings, legislative frameworks, and socio-economic challenges, the study highlights systemic barriers—such as land alienation, cultural erosion, and administrative inefficiencies—that continue to hinder the realization of these rights. A comparative analysis with global indigenous rights frameworks underscores the need for adaptive policy measures, robust enforcement mechanisms, and genuine community participation. The findings suggest that bridging this gap requires legal reforms, decentralized governance, and a holistic approach integrating legal, economic, and cultural dimensions to ensure meaningful justice and empowerment for Adivasi communities.

International Journal of Social Science and Human ResearchVol. 08(03)
Openalex Percentile: Top 94%
South Asian Studies and Conflicts
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