CHALLENGES FACED BY TRIBAL WOMEN IN INDIA: IN ACQUIRING CIVIL, POLITICAL, ECONOMIC SOCIAL AND CULTURAL RIGHTS

ABSTRACT

According to Indian Constitution of Article 14, 15(3), 21, and 19 of Fundamental Rights, a women should have equal civil, political, economic, social and cultural rights irrespective of gender, colour, creed, religion. Thus, if it’s talking about every woman, then definitely it will applicable to Tribal Women as well. Because Tribal women are citizens of India just as same as other Indian Women and just the same as Indian men. Gender inequality arises within tribal communities where tribal women facing discrimination, and limited access to resources and opportunities. Tribal women also play a crucial role in their daily lives but still they have to face humiliations and discriminations. Tribal women are often recognized for their hard work but they didn’t get sufficient or deserving rights.

SIGNIFICANCE OF THE STUDY

How can gender equality be promoted within tribal community so that Tribal Women should get their equal rights, respect, dignity and can involve in decision making processes?

METHODOLOGY

I will collect Secondary Data through various books, journals, online data, libraries and historical records

FINDINGS

My findings will be on that what are the issues which are arising for not considering tribal women as important as men in sharing equal rights and opportunities. Inspite of too much challenges and humiliations a tribal women have to face in their daily lives but still they are helping through their utmost level of hard work and support their men. Every tribal man should understand and provide equal rights and dignity for their women’s. Thus, moral values and etiquettes should be there to tribal men towards their women for their sacrifices in their everyday lives for promoting social justice and equality.

INTRODUCTION

Human Rights are those basic rights which are basically for every individual without any discriminations of caste, colour, creed, religious, and sex etc. Article 1 of UDHR (Universal Declaration of Human Rights) states that, all individuals are born equal and deserve dignity.

Tribal people are those people who are having that communities which is totally unique cultures, traditions and customs, values. Commonly, they can be also known as “Adivasis”. They are totally different form national or state populations. According to Art. 1 of United Nations Declaration on the rights of Indigenous people (UNDRIP), They are having the privileged to maintain their own culture, all the rights such as civ il, economic, political which are provided by the Constitutions. So, that they can enjoy their own basic rights freely and securely. UNDRIP stands for United Nations Declaration on the Rights on the Rights of Indigenous Peoples and it was cam e into force on 13^th September 2007. Its main aim is to provide security, rights, and encourage all the member countries to work for the issues they are facing and betterment of the Indigenous people. In our Indian Constitution, there are various articles through which special provisions are provided for Schedule Tribes. They are as follows.

RESEARCH OBJECTIVES

This study aims:

1. To find out the reasons behind the violations and discriminations of the rights of Tribal Women?
2. To find out the whether only Tribal Women’s economic dependence on men can lead to the exploitation and abusement of a woman?
3. To find out despite of so many articles, acts and conventions still why Tribal Women are facing violations?
4. To find out the causes behind the exploitation of the tribal women

LITERATURE REVIEW

1. Tribal Women and Human Rights: Challenges and Elucidation (A Sociological Study) by Harsh Parakh, SSRN 4215874, 2022.

Human Rights Myth or Reality: An Analytical Study with reference of Tribal Women by Sanjay Yadav, Journal of Art and Higher Education 10(2), 97-108

RESEARCH GAP

1. Lack of information regarding the rights of Political, civil, and economic.
2. Lack of information regarding the reasons behind gender inequality.
3. Lack of information regarding the violation of their rights.
4. Lack of information regarding the misuse of the articles and acts of Tribal Women

DISCUSSIONS

Tribal Women Position in Early Days: The Hierarchical status of our Indian Caste system is stratified under four dimensions

If we talk about the 1885-1886 of Santhal Rebellion, a new dimension has been brought by this rebellion was that there is a vast difference between urban and rural society. This rural society given up a new dimension for tribal population which is considered as unworthy and incapability

During the National Freedom movement, Tribal women plays pivotal role for the independence but it had been overlooked. They actively participated in various movements during British era and particularly rights related to life, freedom, land, and forest exploitations. There was also participation of these tribal women in mass agitation like Mahatma Gandi’s Dandi March on their commitment for the non-violent civil disobedience movement, Quit India Movement.

Some of the Cases regarding Violation of the Rights of the Tribal Women:

1. Five girls of Scheduled tribes being deceived and sexually abused. It violated the life of five girls who belong from Madhya Pradesh’s forested communities¹. This actually violated the Civil Rights which incorporated in Article 21 of Right to life of Indian Constitution.
2. Talabitti’s husband died in the year 2016². Her husband worked in the family land. But after his death, her wife cannot able to claim that land as her own due to her husband’s male cousins. This totally violating the Economic rights of this tribal women.
3. Madhu Kishwar Case: Mangola Singh, a member of the Buksa Tribe in Uttarakhand, is the eldest among three siblings. Tragedy struck when she was just 11 years old, as she lost both of her parents. From then on, she took on the responsibility of caring for her younger brother. However, during the time of one of her brother’s weddings, both brothers firmly declared that she had no claim to their ancestral property—a stance that was also endorsed by other members of their community.

However, there are vast disparity between Non-Tribal and Tribal Women. They always have a low status in the society. She does not have any property rights, civil rights, land rights, economic rights, cultural rights and social rights. Tribal women also struggle a lot in their daily lives with the same amount of work load but still she paid a smaller number of wages in respect of Tribal men. Women always faces taboos and discriminations. In some of the communities of tribes, there is a ritual that a tribal women should never touch a plant during menstruation. It is considered as impurity and distribute negative energy to the plants. Specially Tulsi leaves, where it is considered as sacred in some cultures. These are the restriction which violation the rights of life, liberty, and freedom of a tribal women and which often limits to access the social interactions. Within the family the manner in which income gathering accrues and the controls over spreading are different from the case of agriculture. This work is jointly done by both men and women, but at the end of the day it is never considered as women’s income.

If we talk about the literacy rate of Tribal women, it is very much low compared to the tribal men. There are innumerable barriers through which a women can’t have access to education.

They are as follows:

• Cultural Practices: If a women started to take education, then there will a possibility they should took challenges regarding gender disparity.
  • Poverty: Due to the poverty of the tribal people, they are not willing to provide education to their girl child which violates the right to education. And if they started to contribute to their household through work, that can be helpful for the family.

• Limited Infrastructure: Due to unavailability of school in their areas, and a lack of quality facilities, a women could able to get education.
  • Early Marriage: Early marriage practices discourage women from pursuing higher education and limit their opportunities.
  • Health Issues: Lack of education leads to malnutrition, Health issue and poor reproductive health.
  • Increased Vulnerability: Uneducated women are more often exploited and abuses

Tribal women face violation in terms of economic rights which include lack of land ownership and access to resources which often leads to emotional and physical abuses.

• Women’s rights are often challenged when there is an obligation regarding women’s ownership of land.
  • When there is an inequality access to resources and land which often lead to violation of economic rights.
  • Tribal women often face discrimination regarding the Economic participation when it comes to compare with tribal men.
  • When there is economic dependency on men and family members occur, a tribal woman faces lots of humiliations and abusive situations.
  • Tribal Women finances can be controlled by tribal men which led to obligations in pursuing economic opportunities.
  • Due to gender and ethnicity, Tribal women often faces discriminations.
  • Tribal women also have to face challenges when it comes to the point of economic rights.

Three Generations of Human Rights was proposed by Karel Vasak in the year 1997. He divided this generations into three categories.

• First Generations
  • Second Generations
  • Third Generations.

All the three generations of Human Rights are interconnected and interdependent to each other. Indian Government initiated various schemes for tribal women. So that they can also have empowerment and social progress through their growth.

Various Schemes are as follows

1. Adivasi Mahila Sashaktikaran Yojana (AMSY): This Yojana is operated by National Scheduled Tribes Finances and Corporation. The Purpose of this Scheme is to provide loan for the economic development of eligible Scheduled Tribe (ST) Women. Only Scheduled Tribes women are Eligible for this scheme.
2. Micro Credit Scheme for Self-Help groups: Self-help groups are provided with microcredit schemes to help them start small businesses and earn a livelihood, which also greatly benefits tribal populations.
3. Adivasi Shiksha Rin Yojana (Education Loan): With this scheme, Tribal people get education through loan for the all-round development of the personality, which include tribal women as well.

As we all know, that “Education is the manifestation of perfection already in Man: – Swami Vivekananda.

• Scheme for Ashram Schools in Tribal Areas: As Tribal Women are not getting so much education for their work pressure. With this scheme Ashram School will help a lot in gaining Education for the tribal girls and women.
• Enhancing Access to Education for Scheduled Tribe Girls in Regions with Low Literacy Rates: This scheme aims to improve education access and literacy rates particularly in Naxal-affected areas and among primitive Tribal Groups.
• Scholarships: Through Scholarships Every Tribal woman who wants to get higher education can have access this wishes through scholarship.

CONCLUSIONS

Inspite of all of this, Tribal Women are still neglected and discriminated in all over the region due to their lack of education, knowledge, rights, equality and freedom. Though Government has took initiatives to make all the schemes for the betterment of the Tribal Women but still due to lack of knowledge regarding the betterment of their own life. From the childhood, every tribal woman learns to respect and work only for their families. Before marriage they started working for their father’s and after marriage for their husband. They do not even know about the need for the development of themselves through getting Education. Superstitions are still existing in the rural areas, where all tribal women are facing. They don’t even aware of their inheritance rights and customary practices.

These are the following schemes which are basically for women and children which include Tribal Women as well.

• Beti Bachao Beti Padhao Schemes.
• One Stop Centre Scheme.
• Women Helpline Scheme.
• Ujjawala.

Footnotes

1. https://www.thehindu.com/news/national/madhya-pradesh/the-violation-and-vulnerability-of-mps-tribal
   women/article68236368.ece ↩︎
2. https://www.landesa.org/why-are-tribal-women-in-india-still-robbed-of-their-land-rights/ ↩︎