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.
Institutions
- Guru Gobind Singh Indraprastha University (IN)
- University of Delhi (IN)
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