Tribal Communities and the Indian Constitution: Socio-economic Rights of Tribes in India and the Challenges of Climate Change

Mansi Tiwari explores the vulnerability of India’s tribal populations to climate change. The article argues that the constitutional framework, particularly the Fifth and Sixth Schedules and the Panchayat (Extension to Scheduled Areas) Act (PESA), has failed to adequately protect the socio- economic rights of tribes and ensure their effective participation in decision-making. By tracing the historical trajectory of tribal representation, from colonial-era policies to the debates in the Constituent Assembly, the paper highlights how a paternalistic, top-down approach has disempowered these communities. The author analyzes the legal provisions, demonstrating how the current system, often influenced by political and economic interests, facilitates the exploitation of natural resources at the expense of tribal rights and livelihoods. Ultimately, the article underscores the urgent need for constitutional remedies to empower tribal communities and safeguard their deep-rooted connection to nature in the face of the global climate crisis.

CALJ Volume IX Issue II_Tiwari.pdf

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