Legal Fallout Of Colonial And Post-Colonial Legislations On Tribal Affairs
- IJLLR Journal
- Jul 2, 2022
- 1 min read
Harsh Dabas & Suhani, University School of Law and Legal Studies, GGSIPU
ABSTRACT
During the 200+ year rule of the British in India, countless legislation was passed by the Colonizers to ease their functioning and ultimately, bring India under their vicious grasp and control. From Salt to Courts, from Caste to Class there was hardly any aspect which was left out in the ambit of their Legislations/Ordinances.
Several Laws passed during/after the Rule, still impact and cause unintended harm to the Indians. However, the Tribes face the most brutal brunt of the lot, as the Acts passed by both British and Indian Governments were extremely disparaging to their rights and Livelihoods.
In this Paper, three legislations are taken up:
Criminal Tribes Act, 1871 Habitual Offenders’ Act, 1952
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
This paper examines legislations, which were passed during the Colonial and Post-Colonial phase of Indian History and the particular provisions which impacted the life and social fabric of the Tribes residing in India. The paper also looks into the issue of discrimination and ostracization faced by them, through the enforcement of such legislations.
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