This volume explores the complexities of governance, law, and politics in India’s Scheduled Areas. The Scheduled Areas (SAs) are those parts of the country which have been identified by the Fifth and Sixth Schedule of the Constitution of India and are inhabited predominantly by tribal communities or Scheduled Tribes. SAs are often identified by their geographical isolation, primitive economies, and relatively egalitarian and closely knit society. Irrespective of the constitutional provision for governance and a mandate of devolution of power in terms of funds, functions and functionaries, the backwardness of these areas have remained a challenge. This volume attempts to explore the reasons behind the disregard for legal and institutional mechanism designed for the SAs. It examines the role of the state in the neoliberal era on fund allocation and utilisation, the governance of land and forest resources, and the ineffectiveness of the existing administrative structures and processes. It also looks into the interpretations of law by the judiciary while dealing with community rights vis-à-vis the state’s prerogative of bringing development to the regions, and how development concerns are addressed in the name of ‘good governance’ by various stakeholders. Comprehensive and topical, this volume will be useful for scholars and researchers of political studies, development studies, developmental economics, sociology and social anthropology, and for policy makers.

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 4 is India and Human Rights.

This book explores tribal land alienation problems in India and tribal agitation against land encroachment and alienation. It discusses India’s tribal land problem and explains how despite legislation to protect tribal lands, the problem has not been resolved since neither the letter nor the spirit of the law has been implemented. Due to continuous land encroachment and alienation by outsiders, the negligence of the revenue administration and the apathy of the central and state government, the situation concerning tribal land in the country have became precarious. In this context, the book highlights the process of land estrangement among the tribes and the related movements, focusing on the Narayanpatna land movement in the Koraput district of Odisha. It argues that land remains a central issue that is extremely important for tribes as it directly affects their life, livelihood, freedom and development, and that the cultural attachment of tribes and their views regarding the idea of ‘place’ (land) furnishes crucial perspectives in understanding the politics of collective resistance. It also discusses the politicization of group identity and material interest against the outside authority as the basis of the unrest among the tribes, and when the grudges of the people are hardened due to insensitivity and tyranny, the extent of tribal resistance escalates, leading to conflict between the state and its own people. Given its scope, this book is a valuable resource for students and research scholars, as well as for policymakers and anyone interested in Indian democracy and development in general, and tribal problems, issues and politics in particular.

In We Were Adivasis, anthropologist Megan Moodie examines the Indian state’s relationship to “Scheduled Tribes,” or adivasis—historically oppressed groups that are now entitled to affirmative action quotas in educational and political institutions. Through a deep ethnography of the Dhanka in Jaipur, Moodie brings readers inside the creative imaginative work of these long-marginalized tribal communities. She shows how they must simultaneously affirm and refute their tribal status on a range of levels, from domestic interactions to historical representation, by relegating their status to the past: we were adivasis. Moodie takes readers to a diversity of settings, including households, tribal council meetings, and wedding festivals, to reveal the aspirations that are expressed in each. Crucially, she demonstrates how such aspiration and identity-building are strongly gendered, requiring different dispositions required of men and women in the pursuit of collective social uplift. The Dhanka strategy for occupying the role of adivasi in urban India comes at a cost: young women must relinquish dreams of education and employment in favor of community-sanctioned marriage and domestic life. Ultimately, We Were Adivasis explores how such groups negotiate their pasts to articulate different visions of a yet uncertain future in the increasingly liberalized world.

The phenomenon of caste has probably aroused more controversy than any other aspect of Indian life and thought. Susan Bayly's cogent and sophisticated analysis explores the emergence of the ideas, experiences and practices which gave rise to the so-called 'caste society' from the pre-colonial period to the end of the twentieth century. Using an historical and anthropological approach, she frames her analysis within the context of India's dynamic economic and social order, interpreting caste not as an essence of Indian culture and civilization, but rather as a contingent and variable response to the changes that occurred in the subcontinent's political landscape through the colonial conquest. The idea of caste in relation to Western and Indian 'orientalist' thought is also explored.

A people in need of quick modernization and mainstreaming, or a powerful defense against the advancing march of capitalist growth---these are the two most prominent and stereotypical images of Adivasis in contemporary India, and both do grave injustice to the ground realities. The category Scheduled Tribes, which is purely an administrative category, and does not reflect the immense diversity among the 500 different communities of tribals in India, comprising 8.6 per cent of Indias population, has acquired over a period of time, a distinct political and discursive salience. This collection of essays, divided in three parts, brings together a range of predominantly sociological and anthropological but broadly social science writing that reflects on and illuminates the jungle of dilemmas and conflicts that the scheduled tribes face as they navigate their way through everyday life. It highlights the enormity of social, cultural, linguistic, and politico-economic diversity among the so-called Scheduled Tribes in India, and aims to provide an intellectual platform for an engagement between the scheduled tribes and their India, as also to map the state of current sociological/anthropological writing and debate on the scheduled tribes.

Women and the Law.

With particular focus on the Hindu caste system, this book represents a comprehensive analysis of the elimination of all forms of racial discrimination in international law. It evaluates the strategies that have informed the work of the United Nations in this area, mapping a new path that moves from standard-setting to implementation. Combining legal analysis with the meaning and origin of caste, it explores the remedies human rights law can propose towards the prohibition of caste-based discrimination, and the abolition of the caste system itself. The book provides a benchmark on the achievements of the international community in combating all forms of racial discrimination, and the policies that must inform future measures. With its clear and accessible style this volume will be of interest to scholars of law and human rights, as well as policy-makers and practitioners working in this area.