Upholding Article 371 to Safeguard Customary Rights and Self-Governance of Tribal Communities

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Request to Uphold Article 371 to Safeguard Customary Rights and Self-Governance



     In a recent development, the Adivasi Peoples Parliament Committee convened in Hunsur to discuss the potential impact of the proposed Uniform Civil Code (UCC) on tribal communities. The committee has addressed a letter to key government officials including the Prime Minister urging the exclusion of tribals from the UCC and the implementation of Article 371 of the Constitution to protect their customary rights, forest rights, and self-governance rights.

     The Adivasi Peoples Parliament Committee highlights the need to safeguard tribal communities and emphasizes the importance of Article 371 which provides protective measures for tribals. They draw attention to the fact that during the revocation of Article 370 in Kashmir, the Honorable Home Minister Shri Amit Shah openly stated that Article 371 as a protective safeguard for tribal communities would remain intact. However, the proposed UCC threatens to undermine these protective measures and the rights enshrined in Article 371.

     In Karnataka alone, there are 51 tribal communities including Particularly Vulnerable Tribal Groups (PVTGs), forest-dependent tribes, and nomadic tribes who fear losing their protective coverage under the Constitution. This concern extends to the approximately 700 forest-dependent tribes and 72 PVTGs across India. The Adivasi Peoples Parliament Committee emphasizes the diversity of India’s demography and calls for the protection and respect of every community, religion, and tribe as it is an essential aspect of India’s beauty.

     The committee highlights the importance of preserving the customary practices of tribal communities including marriage, worshiping, conflict resolution, justice, self-governance, and habitat management in accordance with the constitutional provisions. They further advocate for the declaration of 5th scheduled areas in Karnataka and the implementation of the Panchayats Extension to Scheduled Areas Act 1996 (PESA) to safeguard the interests of tribals. The committee also emphasizes the need for the effective implementation of the Forest Rights Act 2006 (FRA) and the 2009 High Court Order to rehabilitate 3418 families displaced from Nagarhole National Park.

     The Adivasi Peoples Parliament Committee highlights the unique nature of tribal communities stating that they do not belong to any popular religion in India. They are known for their reverence for nature and their naturalistic beliefs. Therefore, the committee urges the government to protect tribal communities from forced conversions by vested interest groups.

     In conclusion, the Adivasi Peoples Parliament Committee calls upon the government to consider their plea seriously and uphold Article 371 while formulating the Uniform Civil Code. By excluding tribals from the UCC and respecting their customary rights and self-governance, the government can preserve the cultural heritage and unique identity of these indigenous communities, ensuring their continued prosperity and wellbeing.



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