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DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

TRIBAL MOVEMENTS

SUBJECT

SOCIOLOGY

NAME OF THE FACULTY

Prof. M. LAKSHMIPATI RAJU

Name of the Candidate: Syed Owais Talib

Roll No. 2016107
Semester: 1st semester
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ACKNOWLEDGEMENT

Firstly, I would like to express my sincere gratitude to my respected Sociology

professor, Prof. M. LAKSHMIPATI RAJU for giving me a golden opportunity to take up
this project regarding TRIBAL MOVEMENTS and sincere thanks for the continuous
support of my study and related research, for his patience, motivation, and immense
knowledge. His guidance helped me in all the time of research. I could not have imagined
having a better advisor and mentor for my research.

ABSTRACT
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Title of the project: Tribal Movements

Selection of the topic: Tribal Movements in India
Introduction:
Tribal movements are the revolts and protests done by the tribal people for the fulfilment of
their needs and demands. Numerous uprisings have taken place beginning with the one in
Bihar in 1772 followed by many revolts in Andhra Pradesh, Andaman and Nicobar,
Arunachal Pradesh, Assam, Mizoram and Nagaland.
Problem Formulation:
This research paper focuses on the tribal movements in India. It helps in studies about the
protests and revolts done by the tribal people to get their needs and demands fulfilled and also
studies their outcomes.
Research Design:
This research is a doctrinal type of research as the data used during the research is obtained
through books, teachers and internet.
Identification of variables:
Dependent variable: Tribal movements
Independent variable: Non-fulfilment of the needs and demands of the tribal people.
Hypothesis:
Non-fulfilment of the needs and demands of the tribal people cause them to carry out tribal
movements.
Collection of data:
Books, journals, internet source, library, teachers etc.
Analysing of data:
Getting the information about tribal movements from books, journals, internet source, library,
teachers etc. and classifying them on the basis of type of movements and tribes involved.

CONTENT
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1. Objective/Aim of the Study.5

2. Significance & Benefit of the Study5
3. Scope of Study.5
4. Review of Literature5
5. Research methodology.5
6. Hypothesis ...5
7. Introduction..6
8. Movements before Independence.6
a. The impact of British policies on Tribals...7
b. Santhal revolt..8
c. Birsa Munda revolt9
d. Tribal movements in the north-east...11
9. Movements after Independence...12
a. The movement against mining in Odisha..13
b. Separatist movements in the north-east.15
10. Legislations .19
11. Cases laws ...22
12. Conclusion...24
13. Bibliography25

OBJECTIVE/AIMS OF THE STUDY

The objective of this study is to research about the tribal movements. To study the
movements which took place before and after independence in India.
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SIGNIFICANCE & BENEFIT OF THE STUDY

This study helps us to know about the tribal movements that had taken place in
India before and after Independence. The factors which compelled the tribal people to carry
out such strong movements.

SCOPE OF STUDY

The research is about the tribal movements with special reference to India.
REVIEW OF LITERATURE

This research paper is prepared by referring to both Primary and Secondary sources such as
books, articles from magazines, journals, newspapers, internet sources etc.

RESEARCH METHODLOGY

This project is purely doctrinal type and both on primary and secondary sources are taken
such as websites, books, journals and internet sources. This Research process deals with
collecting and analysing information to answer questions. The Research is purely descriptive
in its boundaries of the topic.

HYPOTHESIS
Non-fulfilment of the needs and demands of the tribal people cause them to carry out tribal
movements.

BODY OF THE PROJECT

Introduction
Tribal movements are the revolts and protests done by the tribal people for the fulfilment of
their needs and demands. Numerous uprisings have taken place beginning with the one in
Bihar in 1772 followed by many revolts in Andhra Pradesh, Andaman and Nicobar,
Arunachal Pradesh, Assam, Mizoram and Nagaland.
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During the colonial period, there were tribal protests and resistance to the British rule. In the
present period, the tribal people have in the north-east have been protesting for the autonomy
or independence. Many tribes also protest against some policies or the decisions of the
government. Some tribes also protest for fulfilling their own interests. The tribal movements
are classified into three categories; namely:

(1) Movements due to exploitation by outsiders,

(2) Movements due to economic deprivation and
(3) Movements due to separatist tendencies.

Movements before independence

As soon as the British took over Eastern India, tribal revolts broke out to challenge alien rule.
In the early years of colonialization, no other community in India offered such strong and
heroic resistance to British rule or faced such tragic consequences as did the numerous tribal
Communities of now Jharkhand, Chhattisgarh, Orissa and Bengal.

The anti-colonial movements were directed against those classes which were the creation of
British colonialism and who collaborated with the tribals. These classes were considered
outsiders by the tribals. According to an estimate there were more than 70 tribal revolts over a
period of 70 years (1778 to 1948) had taken place. These revolts were anti-colonial in varying
degrees.1 The main anti-colonial tribal movements and revolts were: The tribal revolts in
Chotanagpur region Tamar revolt (1789-1832), Santhal revolt of 1855, Bokta risings, Birsa
Munda's movement (1895-1901), Devi movement in Gujarat (1922-23), Jitu Santhal's
movement in Malda (1924-32), Tribals and National Movement in Orissa (1921-.36) and
Tribal movements in Assam in the late nineteenth century.2 The Konda Dora of Salur in the
Vishakhapatnam area and the Naikda in Madhya Pradesh and Gujarat who were relatively
small in number, also launched movements against the British officers and caste-Hindus with
religious fervour.3
1 https://www.scribd.com/doc/42327918/IGNOU-Political-Science-Material-Modern-Indian-
Political-Thought-Www-Prep4civils-Com

2 http://www.yourarticlelibrary.com/india-2/tribal-movement-in-india-before-and-after-
independence-2796-words/6141/

3 Ghanshyam Shah, Social movements in India: Review of Literature, SAGE publications.

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THE IMPACT OF THE BRITISH POLICIES ON THE TRIBALS

The British policies disturbed the traditional tribal systems. The tribal land system was
marked by its corporatorial ownership of land and absence of the landlords. But the British
changed the land system of the tribals. They created the hitherto unknown class of zamindars
(landlords) in the tribal areas. Brahmins and Rajputs were brought in the tribal areas of
Chotanagpur to perform military and religious services. For their roles, they were assigned
the zamindari rights in the land. The zamindars were considered outsiders by the tribals. The
tribals were reduced to the position of tenants. The clan councils of the tribals were replaced
by the councils of rajas consisting of their followers. The traditional land system of the
British was turned into tenancy systems. The British also introduced contractors in the tribal
areas. The zamindars and contractors introduced the land rent in the tribal areas.

Following the introduction of market economy, a class of traders also developed in the tribal
areas. The tribal tenants had to pay the rent in cash. As they did not have cash with them, they
had to borrow from the money-lenders. Hence, a class of money-lenders also came into being
in the tribal areas.

The isolated tribal communities related to the outside world following the introduction of
means of communication and transportation. The self-sufficient tribal economy was
converted into market economy. The customary system of justice was replaced by the new
legal system. The new legal system was not suitable to the tribals. The tribals could not afford
to utilise the new legal system, as they were not educated and they did not have money for
the fees of the lawyers. The British brought a host of petty government official and clerks in
the tribal areas.

All these classes - zamindars, contractors, traders, money-lenders, government officials -were
not natives of the tribal areas. Nor did they belong to the tribal communities. They were
brought into the tribal areas by the British. They could be Hindus, Muslims, Christians, Sikhs
or Europeans. Hence, they were considered outsiders (dikus) by the tribals. These classes
collaborated with the British administration in the process of exploitation and oppression of
the tribals. The landlords extracted exorbitant amount of rent from the tribals, evicted them
from their land and extracted begar (forcible labour) from the tribals. In case of defiance, the
tribals were physically assaulted by the zamindars. They were deprived of their belongings.
The money-lenders exploited the tribals by charging exorbitant amount of interests from
them. Many a time the tribals were forced to sell out their belongings and children and wives
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to meet the requirements of the landlords and money-lenders. The government officials took
advantage of their innocence. They were the ally of landlords, money-lenders, contractors and
traders in the exploitation of the tribals.4

Santhal Revolt (1885)

The Santhals are an agricultural tribal group who are mainly concentrated in Bihar. The first
peasant insurrection took place in 1855-1856, which arose due to the establishment of the
Permanent Land Settlement of 1793. Following this settlement of the English people took
away all the lands from the Santhals. The zamindars took these lands on auction from the
Britishers and gave them to the peasants for cultivation.

The zamindars, the moneylenders, and the government officers hiked the land tax and also
oppressed and exploited the common peasants. Though the Santhals tolerated the injustices to
some extent, later on they decided to raise in revolt against the zamindars, moneylenders, and
traders.

The oppression by the moneylender, zamindars, and Europeans became unbearable by the
Santhals. In such a situation, they did not have any other alternative indeed and they rose in
rebellion. The leading Santhals began to rob the wealth of the moneylenders and the
zamindars, which was ill-earned by exploiting the Santhals. Initially, the officials ignored the
rebellion. Later on in early 1855, the Santhals started to build their own armies who were
trained in guerilla fighting. This was totally a novel experience to the people of Bihar.

The Santhals can be praised with great honor for building such an organized and disciplined
army without any previous military training. The large army, which exceeded about 10,000
men assembled at a short notice. The postal and railway communications were completely
broken down by the Santhal army.

The government then realized that the activities of the Santhal army are defying the
government. Though the Santhal insurrection was quite strong it couldnt succeed against the
power of the government. Thus, the revolt was suppressed. Despite the suppression, the
rebellion was a great success.5

4 http://www.upscsuccess.com/sites/default/files/documents/Unit-15%20Anti-Colonial%20Tribal
%20Movements%20In%20India.pdf

5 http://www.upscsuccess.com/sites/default/files/documents/Unit-15%20Anti-Colonial%20Tribal
%20Movements%20In%20India.pdf
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Birsa Munda Revolt (1895-1901)

The movement of Birsa Munda is the most popular movemefit sf the Munda tribes of
Singhbhum and Ranchi districts of the Chotanagpur region of Bihar. Like the movements
discussed earlier, this movement was also directed against the autsiders dikus - landlords,
traders, merchants and government officers. These classes were created by the British. Before
the introduction of the British policies in the areas inhabited by Qaron and Munda, their
traditional land and social systems had existed. Their land system was known as 'Khuntkari
system'. The tribals enjoyed customary rights over their land. The system was marked by the
absence of the class of landlords. The tribals worked on their land and paid tributes to their
chiefs. By 1874, the British replaced the traditional khuntkari system by the zamindari
system. The introduction of zamindari system created the classes of zamindars (landlords)
and ryots (tenants). The tribals now had to pay rent to the landlords and failure to do so
resulted in their eviction from land. The landlords exploited the tribals in the following ways:
They brought the peasants into the tribal lands from the adjoining areas and evicted the tribals
from their land, harassed them by brute force, encroaching upon their land, enhancing their
rent, changing the collective payment of rent into individual payment, forcing them to do
begar (enforced labour), inflicting physical injury on them, extracting different kinds of
allowances from them, i.e. horse, palki, milch cow, gifts at birth of a child, marriage and
charges on the occasion of deathin the family of the landlords.

Following the monetisation of economy, the tribals had to depend on cash for paying the rent
and for meeting their daily needs. This made them dependent on the money-lenders. The
money-lenders charged exorbitant interests from tribals for the loan which they advanced to
the tribals in India.

The landlords, money-lenders and the government officers collaborated with each other in
exploiting the tribals. Even the social system of the tribals did not remain unaffected by the
British policies. Their clan councils which provided them justice without any fees were
replaced by the modern courts. Apart from the exploitation and oppression of the Mundas
caused by the outsiders and the disruption caused to their traditional social and political
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systems: natural calamities also worsened their conditions. Two famines in 1896-97 and
1890-1900 made them suffer from starvation.

The mundas held the dikus and the missionaries responsible for their miseries. Therefore,
they developed feelings of hatred against the dikus. They felt that their miseries could be
ended only by removing the outsiders and establishing their independent raj. 6

Progress of the movement

The objective of Birsa was to attain religious and political independence for Mundas. He felt
that this objective could be achieved by ending the oppression of the dikus and by driving the
Europeans (British) out of their territory or by killing them. He announced the establishment
of the Birsa Raj, in which nobody but only Birsa could be obeyed. He exhorted the Mundas
not to pay rent. The government decided to arrest Birsa and he was convicted along with
others on the charge of rioting. He was sentenced to imprisonment for two years and ordered
to pay a fine of Rs. 50. In default of the payment of fine, he was to undergo an additional
term of rigorous imprisonment for six months. However, on the basis of an appeal, the orders
of the lower court were modified and the sentence of imprisonment was reduced to two years
from two and a half years. The arrest of Birsa accentuated the anti-government bias of the
movement.

Mundas rose against the dikus again under the leadership of Birsa. Birsa Raj could be
achieved only in a world free from the Europeans, both officials and the missionaries. Birsa
announced that Mundas were the owners of the soil. The British deprived them of their
homeland by appointing the non-tribals as the landlords. Birsa exhorted Mundas to stop
payment of rent to the landlords, for holding land rent free and for establishing Munda's old
rights on land. It is noteworthy that this movement was directed against those outsiders who
formed the exploiting classes. It did not make these classes its target, which were outsiders
but who belonged to the low classes, i.e. workers, artisans, weavers, carpenters, barbers, etc.
The movement took a violent form. It broke out as scheduled on Christmas eve (24 December
1899). It was directed against landlords, contractors, police and government officials. The
tribals attacked the outsiders with traditional weapons i.e. arrows and burnt their houses. The
occasion of the movement's occurrence symbolised its hatred against Christians, Europeans
6 http://www.upscsuccess.com/sites/default/files/documents/Unit-15%20Anti-Colonial%20Tribal
%20Movements%20In%20India.pdf
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and German missionaries. The Birsaites clashed with the timber contractors, killing one of
them on January 1900. They killed constables and attacked chaukidars. They had an
encounter with the Deputy Commissioner. They killed a constable on 7 January 1900. Soon
the government started counter-offensive. It launched beat and search operation from 13
January to 26 January 1900. On 28 January, two leading Munda sardars and 32 others
surrendered following the attachment of their property. Police arrested Birsa on 3 February
1900. He suffered from illness, cholera and weakness. He died of chronic dysentry on 9
January 1900. The arrested Mundas were tried in a ruthless manner. The arrested Mundas
were imprisoned and sentenced to death. The result of the trial weakened the Munda
movement.

The Birsa Munda movement had its impact on the government attitude towards their
problems. The authorities felt the need to prepare the land records so that they could
safeguard the tribal interests. The government conducted surveys and settlement operations
for the tribals between 1902 and 1910 for achieving this purpose. It decided to abolish the
compulsory begar system and passed the Tenancy Act of 1903 which recognised the Mundari
Khuntkatti system. The ' Government 'also passed the Chotanagpur Tenancy Act in 1908.7

Tribal Movement in North-east

The tribals of Assam, which consisted of Assam, Nagaland, Meghalaya and Mizoram during
the colonial period resisted the move of the British to encroach upon their land. The British
province which came to be known as Assam took its shape by 1873.

The British annexed the states of Jaintia, Cachar and Assam along with the independent tribal
states of Khasi Hills in the year 1826. Part of Naga Hills were annexed in 1860s and Mizo
hills were annexed in 1870s. The British wanted to transform the agriculture of Assam into
tea estates meant exclusively for them. They also wanted to change the culture and traditions
of tribals to suit their colonial interests. The tribals revolted against the British policies in
1828 and 1829 in rebellions led by Gundhar Kunwar and Rup Chand Kunwar. They were
ruthlessly suppressed by the British. Peali Barphukan was executed for his role in the
rebellion of 1828. The Khasis waged a war of Independence (1829-33). They were led by U.

7 http://www.upscsuccess.com/sites/default/files/documents/Unit-15%20Anti-Colonial%20Tribal
%20Movements%20In%20India.pdf
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Tirot Singh. He was head of an alliance of petty republics of Khasis. They had waged
guerrilla warfare against the British. The Khasi chiefs fought the British along with the
people. But they had to submit ultimately.

The tribals of Assam were inspired by the revolt of 1857. In 1860, two major uptisings
against the British took place - one in the Jaintia Hills and the other in the plains of
Nowgong. These uprisings were caused by the rise in taxation. The Khasis rose against the
increase in taxation under the leadership of their chiefs. They fought for their independence
with bows and arrows. They did not surrender until 1863, when the army was sent to crush
them. In Nowgong district, the tribals suffered in the cultivation of poppy crop in 1860. It
was followed by the increase in revenue. They were also asked to pay increased taxes on
betel nut and pan. The government officials used force to collect the enhanced taxes. The
tribals of Nowgong, mainly in Phulanguri area, revolted against the British. They were
inspired in their revolt by the tribals of Jaintia Hills who had revolted a little earlier.

Tribals Movements after independence

Unfortunately, even after seventy years of independence, tribals have benefited least from the
advent-of freedom. Although independence has brought widespread gains for the vast
majority of the Indian population, Dalits and Adivasis have often been left out and new
problems have arisen for the tribal population. With the tripling of the population since 1947
pressures on land resources, especially demands on frosted have played on the lives of the
tribals.8

The basic issues behind the tribal movements in India after independence are and forest
alienation training and job deprivation due to influx of the outsiders, cultural sub-mergence,
and unbalanced development.

Land alienation, usury, forced labour, minimum wages, land grabbing, etc. continued to be
the main issues of tribal movements on the eve of independence and thereafter. The tribals of
Andhra Pradesh participated in the Telengana movement and fought against the landlords and
the forced labour which they imposed (Pavier 1981; Dhanagare 1983). The Warli of
Maharashtra struck work in 1944 during the harvest season, demanding higher wages. They
fought against a system of bonded labour and exploitative landlords. They launched a strike

8 http://www.yourarticlelibrary.com/india-2/tribal-movement-in-india-before-and-after-
independence-2796-words/6141/
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in 1946 demanding higher wages for forest work. Some tribals of western India launched
movements against moneylenders and landlords and liquor sellers in the 1920s. They
launched no-revenue and land grab movements in Gujarat in the 1950s, declaring that they
were the natives and original owners of the land. Adivasis of Pardi taluka of south Gujarat
launched a movement for the implementation of land reform acts and distribution of land to
the tillers. The struggle was led by the Socialist Party in the 1950s. In the late 1960s, the main
constituents of the Naxalbari movement in West Bengal and Andhra Pradesh were the tribals
who fought against exploitation. Struggles for minimum wages, repudiation of debts and
exploitation, against landlords, were resorted to by the tribals of Andhra Pradesh, Bihar,
Maharashtra and Gujarat. So also the tribes in Bihar, Madhya Pradesh, Maharashtra and
Andhra joined the land grab movement of 1969-70. The main participants in the Shahada and
Bhoomi Sena movements in the 1970s, in Maharashtra, were the tribals. The tribals of the
Chhota Nagpur region launched a movement against the dikus, the exploiters who were
moneylenders and landlords during the British period.9

After independence, tribal movements may be classified into three groups (i) movement
dueto exploitation of outsiders (ii) movements due to Economic deprivation (like those of
Gonds in Madhya Pradesh and the Mahars in Andhra Pradesh (iii) movements due to
separatist tendencies (like those of the Nagas and Mizos).

The movement against mining in Odisha

Baphlimali hill, part of the Eastern Ghats mountain range is situated in Kashipur block
under Rayagada district of Odisha. For generations, the lower areas of the Baphlimali
valley have been inhabited by tribal communities like the Jhodia, Paraja, Penga, Kondha
and Scheduled Caste communities. Their livelihood is primarily based on rain-fed
farming along the slopes and the valley bottom. Besides, they also depend on Baphlimali
for water, fuel, fodder and medicinal herbs.

Baphlimali hill is rich in bauxite the raw material for the aluminium industry. This has
attracted many national and multinational companies such as Utkal Alumina International
Limited (UAIL), TATA, Alcan Aluminium and Norsk Hydro. Under the threat of losing their

9 Ghanshyam Shah, Social movements in India: Review of Literature, SAGE publications.

14 | P a g e

land, livelihood and their deity, the local communities have been vehemently opposing the
proposed mining project in these areas.

To suppress their movement, the Government of Odisha has taken a series of repressive
measures, including lathi-charge, teargas, gunfire and random arrest of local people involved
in the movement. One such instance is the Kashipur massacre, where three innocent and
unarmed tribal persons were shot dead by the police.

It took nearly 14 years for UAIL to acquire the 195 million tonnes of bauxite reserves in
Baphlimali. The Odisha Mining Corporation Limited (OMCL), which has been laying the red
carpet for industrial investment by offering concessions to corporations, gave extensive
support to the UAIL. Finally, in 1995, UAIL acquired 2,865 acres of land.

This includes 1,000 hectares of land presently under cultivation, apart from forests and the
hills. Today, UAIL is a Rs.45-billion joint venture between the Aditya Birla Group-owned
Hindalco (55 percent share) and Alcan Aluminium (45 percent share) a Canadian MNC.
The project is 100 percent export oriented with an objective to export both bauxite and
alumina.

According to estimates by UAIL, their projects would displace only 147 families from the
three villages of Talakarol, Ramibeda and Kendukhunti as per the 1991 Census. Norsk
Hdyros estimate on the other hand identifies 750 families among Project Affected Persons
(PAPs) while the human rights group NorWatch of Norway estimated that nearly 60,000
families would be affected.

Open cast mining at the Baphlimali is releasing highly harmful solid effluents such as red
mud. This has raised the pH levels of the soil in the region beyond permissible limits,
irreversibly damaging large tracts of fertile top soil.

In addition, the toxic waste material from the refinery has polluted water, far beyond safe
levels. It has also been noticed that the yield of water from the wells of adjoining villages has
drastically gone down. In fact, polluted water carried down the streams and rivers spreads
health hazards to distant areas also.

Meanwhile, the dust of mining is everywhere; it severely affects the yield. Tribal
communities in this region used to cultivate a wide range of minor millets like fox tail, finger
millet, proso, barnyard on the sloping land of the Baphlimali. The reduced yield of these
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millets due to increasing dust and polluted water has serious implications for the food
security of the communities here.

The Kashipur region comes under areas in the fifth schedule of the Indian Constitution,
which prohibits the transfer of tribal lands to non-tribal entities by any means, including a
lease. Therefore, the grant of a mining lease to UAIL, a non-tribal entity, by the state
government is a blatant violation of the constitutional mandates.

The case of UAIL or mining in Baphlimali is not unique in that a series of movements have
taken place in Odisha against mining giants such as NALCO, BALCO, Tata Steel Plant,
Vedanta and POSCO. The 2013 Supreme Court judgment, wherein the ownership and rights
of the Dongria Kondh a Particularly Vulnerable Tribal Group (PVTG) of the state has been
recognised and protected against the mighty Vedanta in the NIYAMGIRI hills has brought a
ray of hope to other local and indigenous communities fighting for their rights to land and
livelihood.10

There is a prolonged battle by the tribals in Odisha against these mining companies who
acquire the land illegally. The struggle for prevention of it will carried out until justice is
done.

Separatist movements in the north-east India

Rise of tribal consciousness, tribal regionalism, frontier tribalism, etc. gained currency after
the movements in North East Frontier areas. Tribal regionalism, political in nature, has been
said to be a struggle for identity against alienation from basic sources, viz. land, forests and
aspiration for preservation of traditional culture of late the movement in Tripura led by TUJS
and Bodoland in Assam. Gorkhaland movements have transcended that stage of aspiration
limited in culture. The newly emerged elites in these regions prefer to have a share in the
power structure.

The regional leaders who improvise or manipulate identity symbols to mobilise group
sentiment, could rarely assess the likely responses of the political authorities and the
dominant social groups. As the movement proceeds and identity assertions tend to transform

10 http://indiatogether.org/in-odisha-more-tribal-voices-against-mining-environment
16 | P a g e

the concerned ethic to a political conflict group, the leadership and the groups have to adopt
modern skills and mobilise resources.11

Naga insurgency

On August 15, 1947 India overthrew the British rule and became independent. But just a day
earlier, Nagas revolted against the Indian government, declaring that they were a separate
nation and would not accept New Delhi's rule.

Led Angami Zapu Phizo, the Nagas comprising of 17 major tribes and 20 sub-tribes, united
under the banner of Naga National Council (NNC) in August 1947 to carry out the fight
against India. Ao, Angami, Sema, Lotha, Tangkhul, Konyak, Rengma and Mao are some of
the major Naga tribes and although each one of them speaks a different language, all of them
demanded an independent Nagaland.

The Indian government arrested Phizo and a few of his close associates in July 1948. But
Phizo was released in 1949 and went on to take over as the NNC president in 1950. Under his
leadership the NNC publicly declared its aim to establish a sovereign Naga state comprising
of all Naga dominated areas of the Northeast.

NNC also held a referendum in May 1951 claiming 99% of the Nagas voted in favour of an
independent Nagaland but it was never accepted by the Indian government. The first general
elections in 1952 were boycotted by the NNC and it started a violent secessionist movement
making Naga insurgency the oldest in India.

NNC cadres would raid villages and police outposts for funds and arms but on March 22,
1956, Phizo created an underground government called the Naga Federal Government (NFG)

11 http://www.yourarticlelibrary.com/india-2/tribal-movement-in-india-before-and-after-
independence-2796-words/6141/
17 | P a g e

and a Naga Federal Army (NFA). In April 1956, the Indian Army was called in to crush the
insurgency in what was, till then, the Naga Hills District of the State of Assam. To deal with
the situation, the Armed Forces (Special Powers) Act, 1958, was subsequently enacted. Phizo,
however, escaped to the then East Pakistan in December 1956 and, subsequently, to London
in June 1960.

Assam was divided on December 1, 1963 and Nagaland became a separate state and another
round of attempts were made for a political settlement. Freedom fighter Jai Prakash Narayan,
the then Assam chief minister Bimala Prasad Chaliha and Rev. Michael Scott led a Peace
Mission to Nagaland in April 1964. An agreement for Suspension of Operation (AGSOP) was
signed with Naga insurgents on September 6, 1964 raising hopes of a peaceful solution.

An agreement known as the Shillong Accord was signed between the Centre and a section of
the NNC and the NFG on November 11, 1975. According to the terms of Shillong Accord,
the NNC-NFG accepted the Indian Constitution and agreed to come overground and
surrender their weapons.

However, a group of about 140 activists of the NNC, who had gone to China for training,
repudiated the Shillong Accord and refused to surrender and formed another terror group
called National Socialist Council of Nagaland (NSCN). The NSCN leaders were Thuengaling
Muivah, Isak Chisi Swu and SS Khaplang and the group was formed in Myanmar (then
Burma) in 1980.

Soon NSCN became the most powerful and feared terror groups in Nagaland and the
Northeast with the NNC-NFG became less active and losing its influence.

The division of Nagas along clan and tribal lines also played a major role in the insurgency
and formation of different terror groups. While a majority of the rank and file of the NSCN
was from the Konyak tribe, the leadership was Tangkhul dominated leading to discontent
among the former. There were also apprehensions among the Konyaks and the Myanmars
Nagas that the Tangkhuls were about to strike a deal with the Indian government.

The NSCN-IM lays primary emphasis on the point that the Naga region was never a part of
India and that freedom fighter and Indias first prime minister Jawaharlal Nehrus argument
was fallacious when he said that India had "inherited" the Naga area from the British. Both
Swu and Muivah argue that "the fate of a people cannot be passed on like an inheritance from
18 | P a g e

one party to another". The NSCN-IM has taken an inflexible stand on this point and insists
that their demand is not for secession because they have never been a part of the Indian
Union.

But the specifics of the peace deal signed between the Narendra Modi government and
NSCM-IM in New Delhi are still not out in public domain. NSCM-IMs main demand has
been the creation of a Greater Nagalim which will also have several districts of Assam,
Arunachal Pradesh and Manipur. The other three states have made it clear that even though
they have Naga tribes residing within their boundaries but they will not allow those areas to
be a part of Greater Nagalim as demanded by the NSCM-IM. In fact, according to Naga
insurgent groups the 'Greater Nagalim' should also include Naga-dominated areas of
Myanmar.12

12 http://www.news18.com/news/politics/the-history-of-insurgency-in-nagaland-
1029928.html
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LEGISLATIONS

a) Article 15(4) and 16 (4), (4A)

Article 15(4) and 16 (4), (4A) provides special provision for the advancement of any socially
and educationally backward classes of citizens or SC/STs and protective discrimination
respectively. This is reaffirmed by Article 46, which directs the State to promote with special
care the educational and economic interests of the weaker sections and in particular of the
SC/STs.

b) Article 335

By Article 335, it is provided that the claim of the members of the SC/STs shall be taken into
consideration consistently with the maintenance of efficiency in the administration, in the
making of appointments to services and posts in the Centre and State level. In reality,
however, the number of SC/ST members in higher echelons of administration, still remains
low in proportion to the reservation offered.

c) Article 17

Article 17 abolishes untouchability. To give effect to this Article, Parliament enacted

Untouchability (Offences) Act, 1955. To make the provisions of this Act more stringent, the
Act was amended in 1976 and was renamed as the Protection of Civil Rights Act, 1955. As
provided under the Act, Government of India also notified the Rules, viz., the PCR Rules,
1977, to carry out the provisions of this Act. As cases of atrocities on SC/STs were not
covered under the provisions of PCR Act, 1955, Parliament passed another important Act in
1989 for taking measures to prevent the atrocities. This act is known as the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 followed by Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. Despite the State taking
these legal measures to protect the SC and STs, it could be found that the condition of these
section of people have not improved as much as it should have. There are many reasons that
contribute to this abysmal situation. The lack of political will to enforce the Act rightfully,
20 | P a g e

insensitiveness of the society towards SC and STs, continuing adherence to the caste system,
lack of human rights awareness etc. are few to mention.

d) Article 23

Article 23 prohibits traffic in human beings and begar and other similar forms of forced
labour and provides that any contravention of this provision shall be an offence punishable in
accordance with law. It does not specifically mention SC/STs but since the majority of
bonded labours belong to SC/STs; this Article has a special significance. In pursuance of this
article, Parliament has enacted the Bonded Labour System (Abolition) Act, 1976. For
effective implementation of this Act, the Ministry of Labour is running a Centrally Sponsored
Scheme for identification, liberation and rehabilitation of bonded labour, the efficacy of
which is debatable to some extend.

e) Article 24

Article 24 provides that no child below the age of 14 years shall be employed to work in any
factory or mine or engaged in any other hazardous employment. The Child Labour
(Prohibition and Regulation) Act 1986 prohibits employment of children in certain hazardous
occupation and processes, the violation of which is made punishable under the Act.

f) Article 330 and 332

Article 330 and 332 provides for reservation of seats for SCs/STs in the Lok Sabha and State
Legislative Assemblies respectively.

g) Article 338

Article 338 provides for National Commission for the Scheduled Castes and Scheduled
Tribes entrusted with the power to investigate all matters relating to the safeguards provided
to SC/STs and to report to the President on the working of these safeguards.13

13 http://www.jnu.ac.in/huriter/righttribals.htm
21 | P a g e

Other legistaions

Indias Forest Rights Act of 2006

After acrimonious public debate for more than a year since tabling in the parliament on 13
December 2005, the Scheduled Tribes (Recognition of Forest Rights) Bill, 2005 which was
re-christened as The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006 was passed in the parliament, lower house of Indian parliament,
on 13 December 2006. President of India assented to the Bill on 29 December 2006 and the
Act came into force. However, the debate since the tabling of the initial bill in December
2005 to the passage of the Act in the Lok Sabha have brought the age-old prejudices against
the tribal peoples to the fore and further eroded their rights.

The Panchayat (Extension to Scheduled Areas) Act 1996

In 1996, however, Parliament exercised its reserved legislative authority to extend the
provisions of the Constitutions Part IX exclusively to the Fifth Schedule areas. As a result,
any habitation or hamlet comprising a community and managing its affairs in accordance
with traditions and customs could now exercise limited self-government.

Scheduled caste and Schedule Tribes (Prevention of Atrocities) Act, 1989

An Act to prevent the commission of offences of atrocities against the members of the
Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such
offences and for the relief and rehabilitation of the victims of such offences.
22 | P a g e

CASE LAWS

Samatha v. State of Andhra Pradesh14

In this present case, in the early nineties, Samatha, an advocacy and social action group
working or the rights of tribal communities and for the protection of the environment in
Andhra Pradesh, was involved in an apparently local dispute over leasing of tribal lands to
the private mining industries. The tribal community wanted to regain control over their lands
rather than work as labour force in the mining operations on their own lands.

After losing the initial battle in the lower and High Court, Samatha filed a Special Leave
Petition in the Supreme Court of India. The four year legal battle led to a historic judgment in
July 1997 by a three-judge Supreme Court bench. It was a land-mark judgment in favor tribal
rights. It permitted the mining activity to go on as long as it is undertaken by the government,
or instrumentality of state or a cooperative society of the tribals. The instrumentality of the
state has been defined by the Court as organizations which are completely owned by the
government or where the government or its agencies are the majority shareholders.

As per the verdict all lands leased by the government or its agencies to private mining
companies are null and void. It however upheld that transfer of land to the government or its
instrumentalities is entrustment of public property because the aim of public corporations is
in public interest. The salient features of this judgment are:

1. As per the 73rd Amendment Act, 1992, .every Gram Sabha shall be competent to
safeguard..Under clause (m) (ii) the power to prevent alienation of land in the
Scheduled Areas and to take appropriate action to restore any unlawful alienation of
land of a scheduled tribe.

2. Minerals to be exploited by tribals themselves either individually or through

cooperative societies with financial assistance of the State

14 AIR 1997 SC 3297

23 | P a g e

3. In the absence of total prohibition, the court laid down certain duties and obligations
to the lessee, as part of the project expenditure: at least 20% of net profits as
permanent fund for development needs apart from reforestation and maintenance of
ecology.

4. Transfer of land in Scheduled Areas by way of lease to non tribals, corporation

aggregate, etc stands prohibited to prevent their exploitation in any form.

5. Transfer of mining lease to non tribals, company, corporation aggregate or partnership

firm, etc is unconstitutional, void and inoperative. State instrumentalities like
APMDC stand excluded from prohibition.

6. Renewal of lease is fresh grant of lease and therefore, any such renewal stands
prohibited.

7. In States where there are no acts which provide for total prohibition of mining leases
of land in Scheduled Areas, Committee of Secretaries and State Cabinet Sub
Committees should be constituted and decision taken thereafter.

8. Conference of all Chief Ministers, Ministers holding the Ministry concerned and
Prime Minister, and Central Ministers concerned should take a policy decision for a
consistent scheme throughout the country in respect of tribal lands.15

Kailas and Ors. v. State of Maharashtra

In this case, the petitioner was a woman of Bhil Tribe of Maharashtra who was beaten and
stripped. She was made to walk naked around the village. They were convicted under
Sections 452, 354, 323, 506(2) read with Section 34 IPC by the lower court. High Court
upheld the judgement. A petition was filed before the honble Supreme Court of India for
declaring the tribal people as the only indigenous people of the country.

Supreme Court granted the leave. It condemned the act of striping tribal women and parading
her around the village in broad daylight.

15 https://socialissuesindia.wordpress.com/2012/09/06/the-samatha-judgment-and-the-fifth-
schedule-of-the-constitution/
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The Supreme Court held that tribal people are the decedents of the original inhabitants of
India and all the others are decedents of the immigrants. It cited various works and poem of
various authors and poets in its judgement.

CONCLUSION

The Tribal movements are the revolts and protests done by the tribal people for the fulfilment
of their needs and demands. They carry out these movements when they feel exploited and
deprived of some rights. The tribal people have been facing such problem from centuries.
These must be stopped immediately and they should their rights.

The government needs to take steps for safeguarding the rights of the tribal people and try to
curb the exploitation of the tribal people. It should check the illegal mining activities and stop
them. Tribal people are the integral part of our country and they should also be satisfied

The research concludes that tribal movements take place when the tribal people want their
needs and demand to be fulfilled and when they are unhappy with the Government policies.
25 | P a g e

Bibliography

Books

Social movements in India: Review of Literature by Ghanshyam Shah,

Tribal Movements in India by K.S. Singh

Websites

https://www.scribd.com/doc/42327918/IGNOU-Political-Science-Material-Modern-Indian-
Political-Thought-Www-Prep4civils-Com

http://www.upscsuccess.com/sites/default/files/documents/Unit-15%20Anti-Colonial
%20Tribal%20Movements%20In%20India.pdf

http://www.yourarticlelibrary.com/india-2/tribal-movement-in-india-before-and-after-
independence-2796-words/6141/

http://indiatogether.org/in-odisha-more-tribal-voices-against-mining-environment

http://www.news18.com/news/politics/the-history-of-insurgency-in-nagaland-1029928.html

http://www.jnu.ac.in/huriter/righttribals.htm

https://socialissuesindia.wordpress.com/2012/09/06/the-samatha-judgment-and-the-fifth-
schedule-of-the-constitution/