Sentinelese Issue and other PVTG Related Issues

Sentinelese

  • The Sentinelese, a negrito tribe who live on the North Sentinel Island of the Andamans, have not faced incursions and remain hostile to outsiders.
  • The inhabitants are connected to the Jarawa on the basis of physical, as well as linguistic similarities.
  • Some researchers argue that the Sentinelese have been mostly left alone even from colonial times, unlike other tribes such as the Onges, Jarawas and Great Andamanese, because the land they occupy has little commercial attraction.
  • In 1991 their head count was put at 23. Census 2001 counted 39 inhabitants.
  • The Govt. of India issued the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956 to declare the traditional areas occupied by the tribes as reserves, and prohibited entry of all persons except those with authorization.
  • Photographing or filming the tribe members is also an offence.
  • The rules were amended later to enhance penalties. But restricted area permits were relaxed for some islands recently.

Constitutional provisions for tribes

  • Reservation in educational institution has been provided in Article 15(4) while reservation in posts and services has been provided in Article 16(4), 16(4A) and 16(4B) of the Constitution.
  • Article 23 which prohibits traffic in human beings and beggar and other similar forms of forced labour has a special significance for Scheduled Tribes. In pursuance of this Article, Parliament has enacted the Bonded Labour System (Abolition) Act, 1976.
  • Article 24 prohibits employment of Children below the age of 14 years in any factory or mine or in any other hazards activity is also significant for Scheduled Tribes as a substantial portion of child labour engaged in these jobs belong to Scheduled Tribes.
  • Article 46 of the Constitution provides that the State shall promote with special care the educational and economic interests of the weaker sections of the society and in particular, of the Scheduled Castes and Scheduled Tribes and shall protect them from social injustice and all forms of exploitation.
  • Article 243D provides reservation of Seats for Scheduled Tribes in Panchayats.
  • Article 330 provides reservation of seats for Scheduled Tribes in the House of the People.

Related acts and policies

  • Forest Rights Act – 2006: The Act grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws. Rights under the Act are:
    • Title rights – i.e. ownership to land that is being farmed by tribals or forest dwellers subject to a maximum of 4 hectares; ownership is only for land that is actually being cultivated by the concerned family
    • Use rights – to minor forest produce (also including ownership), to grazing areas, to pastoralist routes, etc.
    • Relief and development rights – to rehabilitation in case of illegal eviction or forced displacement; and to basic amenities, subject to restrictions for forest protection.
    • Forest management rights – to protect forests and wildlife.
  • Protection of Civil Rights Act
    • Act to prescribe punishment for the [preaching and practice of – “Untouchability”] for the enforcement of any disability arising therefrom for matters connected therewith.
  • SC/ST (Prevention of Atrocities) Act
    • Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.
  • The Provisions of the Panchayats (Extension to the scheduled Areas) Act, 1996
    • Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA is a law enacted by the Government of India to cover the “Scheduled areas”, which are not covered in the 73rd amendment or Panchayati Raj Act of the Indian Constitution. “Scheduled Areas” means the Scheduled Areas as referred to in Clause (1) of Article 244of the Constitution. It provides that a state legislation on panchayats in the scheduled area should take care of the customs, religious practices and traditional management practices of community resources
Location: Thiruvananthapuram, Kerala, India

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