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Legal And Socio: Economic Analysis Of The Status Of Tribal Women In India

Indian population consists of different castes, societies, and clusters, and among these, all tribal population constitutes 8.6% of the total population of India (Census 2011). The tribal women likewise other communities constitute half of them and they are marginal among the marginalized, the sex ratio of the tribal women is 940 per thousand as per the 2011 census.

The status of the Scheduled Tribe women is not only lower than the women of the general population and SC women but is also lower than the status of the tribal man even when they are equally involved in the work with the men and also, they have the responsibility of a running a household. From earning to cleaning the house, taking care of the children and others, all are done by them but because of the influence of the patriarchal society they have to face atrocities from both outside and within their community but in some matrilineal tribes, women do have certain values.

In the general public when they think about the STs, they think that they have freedom regarding marriage, economic status, and even a man has to give the dowry for marriage but these freedoms are restricted by the patriarchal setup and males made the rules of returning the money by woman's father if she marries another man which also leads to the female infanticide and for restricting the economic and land holding the practice of declaring someone witch and then hunting her down is prevalent also the females are not allowed to participate in the panchayats which is the main body of making rules and giving decisions in the tribe.

Apart from within oppression of the tribal women from the community they also had to face problems in the outside world as the tribals are mainly engaged in the primary activities but because of development and other reasons, they have to be displaced without adequate compensation which leads them to work under the construction contractors and brick making sites where they are sexually exploited as in general people conception they are someone who are always open for sex but in reality, they don't have the background and resources to raise the voice.

In the Indian constitution there are plenty of safeguards are provided to them but because of lack of awareness, illiteracy, and poverty they all are even exploited in the current scenario despite those provisions, the ground implementation of rules is not happening and the entire purpose of work for their upliftment is failing as if the women of a society will not be educated, protected and in a good condition then that community will not develop much.

Socioeconomic Challenges Involved For Tribal Women

In light of poverty, and limited access to fundamental necessities including healthcare, education, and basic services, tribal women commonly confront several difficulties. Their secluded living situations and poor infrastructure in tribal regions made these problems worse. "In traditional tribal societies, the economic roles of women are different in different communities in some tribe's women collect fruits, edible roots, tubers, and firewood and manage household affairs. In certain parts of the center and western Himalayas besides their household duties, they help in cultivation and bring fodder for the cattle.

In tribes such as the Mundas, Oraons, Santals, Hos, kharias, Gonds, etc, women look after harvesting and transplanting. In matrilineal societies like the Khasi and Garo tribes of Meghalaya property is transmitted from mother to daughter. Certain occupations are exclusively in the hands of women for example weaving and stitching sale of fish etc, in a matrilineal society it is women who are responsible for looking after children, brothers, sisters, husbands, parents, etc. They thus have to work hard to earn money. In Patrilineal tribes, property is transmitted from father to son and women have no right to inherit or own property. The status in patriarchal tribal societies is not as high as it is in matrilineal societies.

The status of women is mainly determined based on various taboos attached to women. Most tribal societies recognize that the impurity of women arises out of pregnancy, menstruation, childbirth, etc. On all such occasions, women are prevented from coming into contact with sacred places and objects. For example, the women are found unsuitable for the religious ceremonial life related to the saved buffalo diary. But in patrilineal societies, there are some societies where the husband does not play always a dominant role such as Gond women enjoy equal status and freedom with males in some aspects of social life."

In most of the tribal communities, the primary duty of the women is childbearing. Traditional customs are comparatively more liberal for women. There is no segregation and women have freedom and independence. They may go outside the house for economic and other activities. They may visit the local weekly market and fairs sing and dance in public enjoy the native drink and move freely the earnings if they wish to do so.

Health And Maternal Care Need For The Tribal Women

Tribal women encounter several challenges due to poverty and restricted access to essentials including healthcare, education, and basic services. In India, tribal groups frequently encounter those barriers because they usually live in remote and mountainous places, making access to healthcare facilities challenging. Lack of mobility and bad road infrastructure might make it even more difficult for them to get medical attention. Furthermore, healthcare infrastructure in a tribal region is frequently underdeveloped. Many tribal areas lack basic healthcare facilities such as hospitals, clinics, and qualified medical personnel.

Even the traditional beliefs and healthcare practices are common in tribal societies and these methods can fail to correspond to current medical procedures, and there may be resistance to adopting standard medical care. Also, Malnutrition is a big problem among tribal cultures, and it can hurt the health of tribal women and children. Maternal health and access to appropriate prenatal and postnatal care are critical for Indigenous women's well-being which they lack mostly.

Then, in tribal groups, mental health concerns are frequently stigmatized and misunderstood, and untreated mental health disorders among tribal women result from a lack of awareness and access to mental health care since gender disparities are common in tribal cultures, with women frequently encountering prejudice and having little say over their healthcare so this has an impact on their general health and well-being.

Improving the health and mental care of tribal women in India requires a holistic approach that addresses both healthcare infrastructure and cultural factors and this could be done only with the help of the collaboration between government agencies, non-governmental organizations, and the tribal communities themselves to ensure that healthcare services are accessible, affordable, and culturally appropriate. So, there is a need to discuss the Role of the government or the initiatives taken by them.

The Role Of The Government In Improving Their Status

The Indian government has initiated several programs to increase tribal groups' access to healthcare, including the National Rural Health Mission (NRHM) and the National Health Mission (NHM). These projects attempt to improve healthcare infrastructure and offer basic healthcare services in the areas where people are deprived of healthcare services.

"Under the National Health Mission (NHM), financial and technical support is provided to States/UTs to strengthen their healthcare systems including setting up/upgrading public health facilities and augmenting health human resources on a contractual basis for the provision of equitable, affordable healthcare to all its citizens particularly the poor and vulnerable population in the tribal areas based on requirements posed by the States in their Programme Implementation Plans (PIPs) within their resource envelope."

Govt. also trained and deployed community health workers in tribal groups by choosing the employees from the mid of them so they can address the healthcare access disparity and these workers can offer tribal women basic healthcare and health education. "The government of India is supporting states in the implementation of National Ambulances Services under NHM for free transportation of sick patients to health facilities.

States are free to place these ambulances at a lower population norm or as per time to care approach so that these ambulances are easily accessible by all. All tribal majority districts whose composite health index is below the State average have been identified as High Priority Districts (HPDs) and these districts receive more resources per capita under the NHM as compared to the rest of the districts in the State.

These districts receive higher per capita funding, have enhanced monitoring and focussed supportive supervision, and are encouraged to adopt innovative approaches to address their peculiar health challenges." These initiatives by the govt of India are taken and these are challenging the situations in the tribal areas which are commendable work of them but yes more is required and that is awaited.

Role Of Education For The Tribal Women

Educational prospects for tribal women are extremely limited due to reasons including distance to schools, cultural norms, financial limitations, and patriarchy. This might keep them in a cycle of illiteracy and make it harder for them to take advantage of improved job prospects and compel them to work in exploitative conditions.

Based on the research study "migrant tribal Women Girls in Ten Cities:

A Study of Their Socio-Cultural and Economic Reference to Social Intervention:
"a little More than 55 percent of women and 29 percent of girls were illiterates, about 12 percent, and 16 percent respectively were educated up to middle school level and about 7 and 16 percent up to higher secondary level. Only 6 percent of women and 11 percent of girls were graduates mainly in the faculty of Arts and Social Sciences. Those with P.G. qualifications were hardly 1 percent and 2 percent respectively."

Education empowers tribal women by providing them with the information and skills they need to make educated life decisions. It improves their participation in social, economic, and political activities. Tribal women can benefit economically from education. They are better positioned to access better work possibilities and earn a greater salary with education and related skills, which can enhance their economic situation. Also, if they are educated then only, they will be able to advocate for their rights and even will be able to raise their voice for their rights and can also claim their position in decision-making.

Since education is of this importance the Indian government has implemented various initiatives to promote education among tribal communities, including the Sarva Shiksha Abhiyan (SSA) and the Samagra Shiksha Abhiyan (SSA). These programs aim to improve access to quality education for all, including tribal women.

Although all of this, challenges persist, such as infrastructural concerns, teacher shortages, cultural sensitivity, and the need for concentrated attempts to reach isolated tribal regions. To enhance the status of tribal women in India, it is critical to continue investing in their education, both directly and indirectly, and to overcome the complex barriers to excellent education that they confront.

Empowerment: Participation & Guidelines By Courts

In many tribal societies, women's participation in decision-making processes and community leadership roles is restricted due to traditional gender roles and power dynamic economic empowerment of Indigenous women via skill development, vocational training, and loan access can increase their financial independence and living standards.

Education is a critical component of empowerment for Indigenous women. Education equips people with the information and skills they need to make educated life decisions, access better work possibilities, and participate more effectively in their communities. Legal literacy initiatives may empower Indigenous women by teaching them about their legal rights and options. In times of prejudice or abuse, this understanding enables people to claim their rights and seek justice. Access to high-quality healthcare services, like as reproductive health and family planning, enables tribal women to take charge of their health and well-being.

Encouraging tribal women to engage in local government, such as Panchayati Raj institutions and elections, may give them a voice in decision-making and allow them to advocate for the needs of their community. The inclusion of tribal women in community development projects and decision-making processes ensures that their opinions and needs are taken into account, resulting in more inclusive and successful development initiatives.

Facilitating chances for tribal women to participate in income-generating activities, organize self-help organizations, and get access to resources such as land and loans can boost their economic involvement and autonomy. Encouraging tribal women to participate in cultural and social events helps to maintain their traditional history while also allowing them to participate actively in their communities.

Court standards have been critical in preserving tribal groups' and women's land and resource rights. These rules guarantee that Indigenous women have a vested interest in land and forest resources that are important to their livelihoods. Court orders have been granted to protect Indigenous women from different sorts of exploitation, including trafficking, sexual abuse, and prejudice.

Court orders have obliged government officials to adopt social programs and initiatives targeted at improving the socioeconomic position of Indigenous people, particularly women.

Tussle For Land And Property Rights In Their Life

For tribal women, land ownership and control are a big problem. In some situations, they encounter difficulties defending their land and property rights, which affect their financial independence. The Indian Constitution respects indigenous groups' rights and establishes the groundwork for protecting their land and property rights. "The extensive constitutional structure put up for the elevation of the Scheduled Castes, Scheduled Tribes, and Other Backward Classes reflects the genuine concern of the Constitution's founders for their advancement.

Untouchability is abolished under Article 17." Article 46 compels the state to "promote with special care the educational and economic interests of the weaker sections of the people, particularly the Scheduled Castes and Tribes, and to protect them from social injustice and all forms of exploitation."

Articles 16(4) and 16(4A) provide for the reserve of appointments or jobs, as well as promotion, in favor of backward classes that are underrepresented in the State's services. Article 15(4) authorizes the State to make specific provisions for the progress of any socially and educationally disadvantaged category of citizens. Other Constitutional provisions for the welfare and socioeconomic empowerment of Scheduled Castes, Scheduled Tribes, and other backward sections exist in addition to these.

Articles 330 and 332 of the Constitution, respectively, allow for reservations of seats in the House of the People and legislative assemblies of the States for Scheduled Castes and Scheduled Tribes. Reservation for Scheduled Castes and Scheduled Tribes in local bodies has been foreseen and provided for under Part IX of the Constitution related to Panchayats and Part IXA of the Constitution relating to Municipalities.

The Forest Rights Act (FRA), also known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006, was an important milestone in guaranteeing land and forest rights for tribal populations, especially tribal women. It affirms the rights of individuals and communities to forest land and resources. Tribal women can have individual and collective rights to forestland under the FRA.

Violence And Discrimination Perpetuated Against Tribal Women

Tribal women also experience greater rates of discrimination and gender-based violence in the name of superstitions and witchcraft. Addressing these concerns is challenging due to their isolation and lack of access to legal assistance. The tribal women were not allowed to participate in village councils. Traditional panchayats never had any representation for women.

Only now, as a result of the state's required regulations, are some women being elected to panchayats. Even in such circumstances, the women are frequently dictated to by spouses or relatives who already wield considerable authority in the community. Even yet, there are very few Indigenous women MLAs or MPs in the country.

Tribal women face sexual harassment in their communities as well as in metropolitan locations where they work. Tribal women are viewed as a sex symbol, a dark beauty who may be used in any way, insulted and ridiculed, and robbed of their pride in public. Tribal women are supposed to be disorderly and used to unrestricted sexual encounters. As a result, when they go to distant locations in search of work, they are vulnerable to sexual harassment and sexual exploitation. The biggest surprise is that society ignores the problem of sexual exploitation and harassment of helpless and vulnerable Indigenous women, and no sufficient measures are taken to safeguard them.

The most terrible kind of oppression against women in tribal society is labeling them as witches, tracking them out, and then burning them alive. This, too, is an illustration of patriarchal dominance and a violent mindset. It is more than just tribal religion that has an impact. It is a gender-prejudiced behavior that is common in tribal cultures in India due to patriarchal control and fostered in tribal religion.

Wizardry or witchcraft was a rebellion against the existing conventions of the culture, hence it had to be subdued to keep peace and discipline in the tribal society. Because tribal religion was previously inspired by women, and subsequently both men and women were a part of it, patriarchal tribal culture instilled witchcraft as a strong instrument against women to rule them.

A tribal lady can easily be convicted of witchcraft. The tribal lady is found to be a witch by the tribal society's important male members, who sentence her to death. As a result, there is no question that the witch hunt is nothing more than gender violence against indigenous women.

Role Of Cultural Preservation
Tribal women play significant roles in maintaining and passing on their traditions in many tribal societies, which have distinctive cultural customs. Modernization and outside pressures, however, can occasionally cause traditional cultures to disappear as they get displaced because of natural, developmental, and working reasons.

Cultural preservation promotes a tribal woman's feeling of identity and self-esteem. Respect for their cultural customs, languages, and traditions helps their general well-being and self-confidence. Tribal women and their communities benefit from cultural preservation because it develops a feeling of communal togetherness. Participation in cultural events and customs promotes social relationships, which can offer tribal women with support networks. In terms of gender roles, certain tribal societies have historically been more egalitarian than mainstream civilization. Preserving these cultural values can help tribal women by promoting gender equality within tribal groups.

Many tribal women have rich traditional knowledge in agriculture, medicinal plants, handicrafts, and other areas. Preserving these traditions can assist indigenous women in maintaining their responsibilities as knowledge keepers and contributors to the well-being of their communities. Some traditional activities and rituals are connected to tribal women's health and well-being. By preserving these practices, native women can continue to benefit from traditional healthcare and wellness practices.

Preserving customary tribal laws and conflict settlement procedures can assist in ensuring Indigenous women's access to justice within their communities. While traditional preservation is crucial, it should also change to reflect the changing needs and ambitions of Indigenous women. Empowering tribal women to participate in cultural preservation decision-making processes is critical to ensuring that their opinions and interests are taken into account.

Balancing tribal tribes' traditional preservation with the need for socioeconomic progress and gender equality is an ongoing struggle. However, through respectful collaboration among tribal communities, government agencies, non-governmental organizations, and civil society, tribal customs may be preserved and celebrated while enhancing the well-being and status of tribal women.

Constitutional & Fundamental Rights And Provisions Made For Scheduled Tribes
The Indian Constitution includes various articles and fundamental rights intended primarily at protecting the rights and welfare of Scheduled Tribes (STs), often known as Adivasis. These rules are meant to preserve the disadvantaged populations' distinct cultural, social, and economic interests. Scheduled Tribes (ST) List (Article 342): According to Article 342 of the Indian Constitution, the President of India has the authority to determine which communities or tribes are to be classified as Scheduled Tribes. When a town or tribe is added to the ST list, they are entitled to a variety of safeguards and advantages under the Constitution.
  • Seat Reservation (Article 334): Article 334 provides for the reservation of seats in the Lok Sabha (House of the People) and State Legislative Assemblies for Scheduled Tribes and Scheduled Castes, assuring their political representation. Article 15 of the Constitution prohibits discrimination based on religion, race, caste, gender, or place of birth. It guarantees that STs will not face discrimination or be refused access to public places and services.
     
  • Discrimination Protection (Article 46): Article 46 supports the educational and economic interests of Scheduled Tribes and other vulnerable groups. It directs the government to safeguard people against social injustice and exploitation in all forms.
     
  • Autonomous Districts and Regional Councils (Sixth Schedule): The Indian Constitution's Sixth Schedule governs tribal territories in Assam, Meghalaya, Tripura, and Mizoram. It allows indigenous tribes to administer their territories through independent district councils or regional councils, giving them significant local authority.
     
  • Scheduled Areas (Fifth Schedule): The Constitution's Fifth Schedule deals with the administration and regulation of Scheduled Areas in various states. It establishes guidelines for the governance and protection of STs' rights and interests in these areas. The constitutional and fundamental rights and provisions are crucial for the social, economic, and political development of Scheduled Tribes in India, aiming to protect their rights, cultures, and identities, but challenges persist in effectively implementing these provisions and addressing socio-economic disparities.

Conclusion And Suggestions

Tribal women are suffering a lot from both within and outside society, they have to face sexual exploitation, prostitution, and undignified life. They do not have basic health facilities nor do they have basic education despite the policies coming in public Also they are not aware of their legal rights and are in the trap of superstition. From these many years of independence, the implementation of policies, rules, and regulations are of such a nature that no noticeable changes have been made yet.

They are suffering displacement in the name of development and are not given rights to participate in panchayats because of patriarchy despite that they constitute half the population and work both professionally and in households. Traditional tribal societies vary in their economic roles, with some women primarily engaged in household tasks and others actively participating in agricultural and economic activities. The status of tribal women also depends on whether their society follows matrilineal or patrilineal customs, which influence property rights and gender dynamics.

Healthcare and maternal care are significant concerns for tribal women due to poverty and limited access to healthcare facilities. Traditional beliefs and practices can sometimes hinder the adoption of modern medical care, leading to malnutrition. Access to quality maternal care is critical for the well-being of indigenous women. Mental health is another important aspect, often stigmatized and misunderstood in tribal communities.

The government plays a crucial role in addressing these challenges by implementing initiatives like the National Rural Health Mission and National Health Mission to improve healthcare infrastructure and education opportunities for tribal women. Empowerment and participation in decision-making processes are essential for tribal women's development, with economic empowerment, education, and healthcare access being crucial components.
 However, discrimination and violence persist, particularly in the form of witch-hunting.

Cultural preservation is vital for tribal women's identity, self-esteem, and social cohesion. Constitutional and fundamental rights and provisions have been established to protect the rights and welfare of Scheduled Tribes, including tribal women. Addressing the issues that tribal women confront in India necessitates a multifaceted strategy that incorporates increased infrastructure, healthcare, education, legal knowledge, and traditional preservation.

Government programs and legislative safeguards are critical, but collaborative efforts including government agencies, non-governmental organizations, and tribal communities themselves are critical for fulfilling tribal women's full potential and assuring their well-being and empowerment.

The following steps can be taken to improve the terrible situation of the tribal women: Initiatives for Tribal Women
  • Literacy Campaign.
  • Counselling of tribal women through camps.
  • Appointment of teachers and construction of schools.
  • Compensating tribals properly if they have to be displaced.
  • Take stringent action towards police if they don't listen to the complaints of tribal women.
  • Educating women about their legal and fundamental rights.
References:
  • Azra Musavi and Juhi Gupta, Women of Marginalised Communities.
  • Dr. Papia Gupta, Status of Tribal Women in India: Some Observations.
  • Amar Kumar Singh and C. Rajyalakshami, Status of Tribal Women in India.
  • Pujasree Chatterjee, Social and Economic status of tribal women in India – The challenges and the Road Ahead.
  • Prashant Kumar Baghel and Dr. Anindhya Tiwari, Status of Tribal Women in India.
  • Dhana Sapkota, "Determinants of Share Price Movements," International Journal of Research in Economics and Social Sciences (IJRESS), Vol. 11, Issue 11, November 2021, 1-6. Available online at https://euroasiapub.org/wp-content/uploads/IJRESS1-Nov2021-DhanaSap.pdf.
  • Prashant Kumar Baghel and Dr. Anindhya Tiwari, Status of Tribal Women in India, 25 Annals of R.S.C.B. 11790, 11793 (2021).
  • Press Information Bureau GoI, https://pib.gov.in/Pressreleaseshare.aspx?PRID=1797700 (last visited Sep. 17, 2023).
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