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.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-03-22
DOI
https://doi.org/10.5281/zenodo.15069333
Primary Topic
Indigenous Peoples' Rights and Law
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

Zenodo (CERN European Organization for Nuclear Research)
Indigenous Peoples' Rights and Law
article

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

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.

Zenodo (CERN European Organization for Nuclear Research)
Guru Gobind Singh Indraprastha University (IN), University of Delhi (IN)
Peace, Justice and strong institutions
Openalex Percentile: Top 40%
Indigenous Peoples' Rights and Law
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Bridging the Gap: The Indian Constitution and the Unfinished Promise of Adivasi Rights · Zenodo (CERN European Organization for Nuclear Research) (2025) | TGRS Research Map | TGRS