Comments on: Making a Mockery of the Fifth Schedule http://www.somethingaboutthelaw.com/2009/12/27/making-a-mockery-of-the-fifth-schedule/ Musings on India, the law, and policy Fri, 27 Jan 2012 21:26:23 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Oh Corporate India ! | Something About The Law http://www.somethingaboutthelaw.com/2009/12/27/making-a-mockery-of-the-fifth-schedule/comment-page-1/#comment-8636 Oh Corporate India ! | Something About The Law Sun, 20 Jun 2010 08:14:06 +0000 http://www.somethingaboutthelaw.com/?p=1130#comment-8636 [...] violations of human rights to water and health, due to pollution by Vedanta’s aluminium refinery. Many of them oppose a bauxite mine cropping up near their homes because they say it could dry up to 36 streams [...] [...] violations of human rights to water and health, due to pollution by Vedanta’s aluminium refinery. Many of them oppose a bauxite mine cropping up near their homes because they say it could dry up to 36 streams [...]

]]> By: The ‘Pith and Substance’ of a Limited Mandate  | Something About The Law http://www.somethingaboutthelaw.com/2009/12/27/making-a-mockery-of-the-fifth-schedule/comment-page-1/#comment-7548 The ‘Pith and Substance’ of a Limited Mandate  | Something About The Law Sun, 23 May 2010 06:08:00 +0000 http://www.somethingaboutthelaw.com/?p=1130#comment-7548 [...] insurgency is to be fought on the directions of the State itself. Rather than once again making a mockery of the fifth schedule, the Attorney General should have perhaps thought of a different approach as stated [...] [...] insurgency is to be fought on the directions of the State itself. Rather than once again making a mockery of the fifth schedule, the Attorney General should have perhaps thought of a different approach as stated [...]

]]> By: Sanchita http://www.somethingaboutthelaw.com/2009/12/27/making-a-mockery-of-the-fifth-schedule/comment-page-1/#comment-4472 Sanchita Sun, 27 Dec 2009 15:39:06 +0000 http://www.somethingaboutthelaw.com/?p=1130#comment-4472 The fifth schedule of the constitution is celebrated by aplenty tribal activists. The formal district collector, Bastar, BD Sharma a great proponent of tribal self rule has even called it the “constitution within the constitution”. Too bad that such romanticism does not help the tribal cause. Fifth schedule is deeply paternalistic as is evident form the title that speaks of administration and control of “scheduled areas and Schedule tribes”. Theoretically well the governor of the state on the advice of the tribal advisory council can even repeal the application of nefarious land acquisition act or Indian forest act but no surprises that not once in 60 years has this happened and also since it’s more like a suggestion and not a binding provision where it ultimately comes down to executive for implementation. The fifth schedule also gives no indication as to what remedial measures can the tribal advisory council take if the governor fails to abide by the advice. As a heuristic device also, assuming that 5th or even 6th schedule are good and if implemented properly they would go a long way even such an assumption is not based on any fact as only half the tribal population of the country is covered under these schedules. Out of the 236 districts (1991 census) in 9 states where schedule areas are delineated only 16 districts have tribals in majority! rest it’s a bureaucratic device that does nothng to devolve power to the ground. The fifth schedule of the constitution is celebrated by aplenty tribal activists. The formal district collector, Bastar, BD Sharma a great proponent of tribal self rule has even called it the “constitution within the constitution”. Too bad that such romanticism does not help the tribal cause. Fifth schedule is deeply paternalistic as is evident form the title that speaks of administration and control of “scheduled areas and Schedule tribes”. Theoretically well the governor of the state on the advice of the tribal advisory council can even repeal the application of nefarious land acquisition act or Indian forest act but no surprises that not once in 60 years has this happened and also since it’s more like a suggestion and not a binding provision where it ultimately comes down to executive for implementation. The fifth schedule also gives no indication as to what remedial measures can the tribal advisory council take if the governor fails to abide by the advice.

As a heuristic device also, assuming that 5th or even 6th schedule are good and if implemented properly they would go a long way even such an assumption is not based on any fact as only half the tribal population of the country is covered under these schedules. Out of the 236 districts (1991 census) in 9 states where schedule areas are delineated only 16 districts have tribals in majority! rest it’s a bureaucratic device that does nothng to devolve power to the ground.

]]> By: narendra http://www.somethingaboutthelaw.com/2009/12/27/making-a-mockery-of-the-fifth-schedule/comment-page-1/#comment-4469 narendra Sun, 27 Dec 2009 09:52:10 +0000 http://www.somethingaboutthelaw.com/?p=1130#comment-4469 such gross injustice is being meted out to the poor tribals...all they seek is a fair chance to live their lives!!!! i can't believe the government is not addressing the core issue...... i feel sorry for my poor countrymen from those parts of the country..... such gross injustice is being meted out to the poor tribals…all they seek is a fair chance to live their lives!!!!

i can’t believe the government is not addressing the core issue……

i feel sorry for my poor countrymen from those parts of the country…..

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