SAMANTHA JUDGMENT: A JURISPRUDENTIAL INITIATIVE OF THE JUDICIARY TOWARDS SECURING AFFIRMATIVE ACTION FOR THE TRIBALS

Abstract

The 1991 Census states that 90% of the Scheduled Tribes predominantly live in forest areas and intractable terrains, 95% of them are below poverty line and totally depend upon agriculture or agriculture based activities and some of them turn out as migrant construction labour due to their displacement from hearth and home for the so-called exploitation of minerals and construction of projects. As per the census tribal population in Andhra Pradesh was 41.99 lakhs and they adopted traditional shifting cultivation like Podu or Jhoom, they being poor and illiterate and away from modern agricultural technology and economy. Sociologists and Anthropologists like Prof. C.V.F Heimendrof and Arher had detailed studies conducted on the living conditions of the tribes, culture and customs etc. and found that the tribals held large tracts of land as masters and have their own rich cultures with economic status and cohesiveness as compact groups. However, the policy adopted by the government encouraged non tribals to immigrate in large numbers and settle down in tribal areas. This led to mass rebellion against their exploitation one such incident being of police firing in Inderalli (A.P.) in which hundreds of innocent tribals were killed.