National Council of Women Leaders (NCWL) Reveals Alarming Gaps in Legal Protections and Reporting. Says sexual violence against Tribal and Adivasi women and children remains both widespread and largely unaddressed.
By Gursimran Kaur
The implementation of crucial legislative measures aimed at protecting Tribal women and children in India — namely the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (SC&ST PoA Act) of 1989, its 2015 amendments, and the Protection of Children from Sexual Offences Act 2012 (POCSO) — has fallen short in preventing sexual abuse, according to a recent report by the National Council of Women Leaders (NCWL).
The NCWL’s comprehensive research underscores a troubling trend: sexual violence against Tribal and Adivasi women and children remains both widespread and largely unaddressed. Despite their pivotal role as custodians of natural resources and their significant presence in India—constituting 8.6 percent of the population according to the 2011 Census—these communities face ongoing and severe challenges.
The NCWL, which represents 21 states across India, has conducted a rapid survey and other research in 10 states — Chhattisgarh, Jharkhand, Maharashtra, Madhya Pradesh, Gujarat, Odisha, Manipur, Assam, West Bengal, and Bihar — revealing 33 cases of sexual violence and abuse from 2019 to 2024. The findings highlight a systemic failure in protecting these vulnerable groups.
Key issues identified include a pervasive disbelief in the legal rights of Adivasi/Tribal women and inadequate action from law enforcement agencies. In some cases, where police or paramilitary forces were implicated in the abuse, there was a notable tendency to shield perpetrators rather than prioritize the safety and justice for the victims.
Particularly concerning are reports from Gujarat, where young girls have been targeted due to severe poverty and lack of local support systems. This economic deprivation, coupled with inadequate education and employment opportunities, forces many tribal people to migrate, increasing their vulnerability to abuse.
Systemic issues
The report also points out significant delays in filing First Information Reports (FIRs) — with some cases only being registered nearly a year after the incidents. Activists and civil society groups often had to exert pressure on police to ensure that complaints were officially recorded and acted upon. Of the 25 cases where the SC&ST (POA) Act was applicable, only seven were filed under the Act, with the remaining cases failing to receive appropriate legal recognition.
Furthermore, despite the POCSO Act’s mandate for victim support services, including counselling and legal assistance, these provisions were largely unmet, with only one case in Gujarat receiving such support.
The report criticizes the continued use of the “two-finger test” for medical examinations — an invasive procedure banned by the Supreme Court — highlighting its persistence in 15 out of 33 cases.
In light of these findings, the NCWL is calling for urgent reforms to enhance the safety and justice for Adivasi/Tribal women. Recommendations include establishing State and District Vigilance Monitoring Committees, holding regular meetings to ensure effective implementation of the SC&ST (POA) Act, and pursuing nationwide police reforms to improve accountability and sensitivity in handling cases of sexual violence.
The NCWL emphasizes that decisive and immediate action is necessary to address these systemic issues and ensure the dignity and protection of Tribal women and children across India.
Image: PICRYL
