Is the Pathalgadi Movement in Tribal Areas Anti-constitutional?

A movement known as the Pathalgadi movement has been brewing for quite some time in the tribal areas in the heart of India. Yet, it had not caught the attention of the people at large and the national media, until the alleged kidnap and gang rape of five non-governmental organisation (NGO) workers by some youths in the Khunti district of Jharkhand. The movement, though not confined to them, is more notable in the states of Jharkhand, Chhattisgarh and Odisha. The state administration and regional media have dubbed the movement as anti-national and Maoist-driven. Cases of sedition have been filed against people sympathetic to, and those associated with the movement, as well as villagers supporting the movement. A large number of people have been arrested. Some are on bail while others are still languishing in jails. The Pathalgadis, on the other hand, claim it to be constitutional. The claim, in my view, is true and tenable, though they have been over-enthusiastic in their interpretation of some provisions. The problem with the special provisions provided for tribes in the Constitution and laws enacted for their safeguard is that the very people and institutions—politicians, administrators and the judiciary—that are to administer them, have generally little knowledge and understanding of the special provisions and laws themselves. These are special provisions and laws, and cannot be subservient to the laws, rules and regulations applicable to the general population.

Pathalgadi as Tribal Tradition