Intersectionality and Social Justice: Overcoming Barriers for the Tribal Community and Women

Tribal societies in a contemporary context are very complex and transitional. The tribal vulnerability and marginalisation in the Indian society itself differ from various socio-legal, economic and cultural issues that prevail in the community. These issues have multifaceted dimensions that assess and contextualise societal problems faced by the communities while resolving them. The intersectionality in the context of a tribal perspective encompasses a socio-political and economic canvas that is interconnected with various mixed perspectives, including gender, class, and sub-tribes, which intersect with social realities. Tribes in India face issues of displacement, migration, unemployment, poverty, and food insecurity, which largely affect the tribal societal structure and traditional management system that prevailed in society for generations. Atrocity, discrimination, exploitation, exclusion and suppression of the rights of tribals are some other forms that are going on in society against the Scheduled Tribes. Among all these issues, tribal women are always victims of atrocities by the upper caste and discriminated against by their customary traits. Succession and other hereditary rights are not available to tribal women despite constitutional equality due to customary practices followed by the tribal communities. This paper aims to evaluate the constitutional and legislative protection of tribal rights and their implementation by shedding light on the ground realities through various reports published by the Government of India, the Law Commission, and the Tribal Ministry, among others. This paper will critically analyse inquiries about policies and governance established by constitutional institutions, adopting doctrinal research methods. Through judicial interpretation, the Indian judiciary plays a vital role in shaping the discourse on tribal rights, but it also underscores the essential human rights protected and preserved in the Constitution of India.