Preservation and Protection of Santhal Tradition and Cultural Expressions under the Indian Constitution and Other Laws

Abstract

This paper examines the preservation and protection of Santhal traditions and cultural expressions within the framework of the Indian Constitution and other legal instruments. The Indian Constitution provides certain safeguards for Scheduled Tribes under Articles 15(4), 19(5), 29, and 244, along with provisions in the Fifth Schedule and the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA), which aim to protect tribal customs and governance systems. Additionally, laws such as the Forest Rights Act, 2006, and international frameworks such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) reinforce the need to safeguard Indigenous knowledge systems and cultural expressions. This paper critically explores the efficacy of these legal protections in safeguarding Santhal culture and evaluates the role of governmental and non-governmental initiatives in cultural preservation.