Abhisar Vidyarthi
Maharashtra National Law University, Mumbai

An ‘Outsider’ is someone who is not accepted by the mainstream society. Racial and gender discrimination in the United States of America led to the development of ‘Outsider Jurisprudence’. Outsider Jurisprudence viewed laws as a reflection of the power differentials in the society and as a medium to further marginalize the outsiders in the society. In India, the tribal communities have been subject to historic discrimination and subjugation due to their backwardness. This subjugation and marginalization of the tribal communities in India has led to them being outcasts or ‘outsiders’ in the society. In 2011, nearly 1,960 tribals were imprisoned for demanding ration cards in Maharashtra. They had been asking for a ration card and the implementation of the Forest Rights Act to help them claim the land they had been tilling. However, the officials refused to give assurance to the tribals and arrested them when they peacefully protected against the arbitrary actions of the government officials. Tribal populations in India have been subject to various such discriminatory actions on day to day basis. Similar to the United States of America, various laws have been made by the State for the upliftment and mainstreaming to the tribal people. On that point it is important to understand that the tribes are highly attached to their culture and their land. Therefore, the government must acknowledge the beliefs of the tribes before carrying out any programme. As highlighted by Dr LP Vidyarthi in his book on Maler Tribe, the lives of the tribes are profoundly influenced by nature and that there is an intimate relationship and interaction between social organizations on the one hand and religious complex and ecological conditions on the other hand. Therefore, the paper shall examine whether the legislations and policies made by the government for tribal development are from the perspective of the law makers as illuminated by the ‘outsider jurisprudence’ or from the tribal perspective. The paper shall focus on the mainstreaming programmes and policies propounded by the government and the administration of tribal areas. The objective of the researcher is to critically examine the situation of outsiders in the Indian society i.e. the tribal communities and evaluate their progress. The paper shall promote the protection of the interest of the subjugated groups in the Indian society. It has been written in an article pattern and follows the Bluebook style of citation.

“It was we, the people, not we, the white male citizens, nor yet we, the male citizens, but we, the whole people, who formed this Union. And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people-women as well as men.”  

-Susan B. Anthony

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