Bio-Cultural Rights of Indigenous Peoples in India: An Analysis
Description
Bio-cultural rights are the multi-dimensional rights incorporating wide aspects ranging from the human rights to the rights relating to self-governance. The conversation in regard to indigenous peoples and their concerns started in 2007 with the coming of the United Nations Declaration on the Rights of the Indigenous Peoples. The present research paper is about the various rights of indigenous peoples in India. The paper discusses the term “indigenous peoples” and the “bio-cultural rights”. It also focuses on the historical background of the development of the legal regime with regard to the rights conferred upon these communities who have faced discrimination at the hands of the state itself along with private entities since ancient times. The paper also studies the legislation involved in the matters connected with the rights of the indigenous peoples and the recourse available to them under the said enforced laws. It also analyses the constitutional safeguards enacted for the protection and welfare of the indigenous peoples by conferring on some of them the status of Schedule Tribes.
Files
Bio-Cultural Rights of Indigenous Peoples in India.pdf
Additional details
Dates
- Submitted
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2025-07-02
- Accepted
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2025-07-21
Software
References
- Asia Pacific Forum of National Human Rights Institutions and Office of the United Nations high commissioner for Human Rights (Indigenous Peoples and Minorities Section) The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions HR/PUB/13/2 (August 2013). Indigenous and Tribal Peoples Convention, 1989, No. 169 Neema Pathak Broome, Shrishtee Bajpai and Mukesh Shende, Just Transformations: Grassroots Struggles for Alternative Futures, (Pluto Press, 2024). Roshni Kutty and Ajit Menon, 'Brokering Power: Bureaucratic Contestations in Participatory Forest Governance' [2025] Ashoka Trust for Research in Ecology and the Environment 23. Patrick Thornberry, Indigenous People and Human Rights, (Manchester University Press, 2002). Patrik Oskarsson, Landlock: Paralysing Dispute over Minerals on Adivasi Land in India (Australian National University Press, 2018). https://tribal.nic.in/FRA.aspx D.K. Pandey, Amandine Junot and P. Adhiguru, 'The contribution of sense of place to shifting cultivation sustenance: evidence from West Garo Hills, North East India' [2021] Current Science 120 Darrell Addison Posey and Graham Dutfield, Beyond Intellectual Property: Towards Traditional Resource Rights for Indigenous Peoples and Local Communities (International Development Research Centre, 1996). Kabir Sanjay Bavikatte, 'Community Stewardship: The Foundation of Bio-cultural Rights' [2015] Journal of Human Rights and the Environment 7. Alejandro Fuentes, 'Protection of Indigenous Peoples' Traditional Lands and Exploitation of Natural Resources' [2017] International Journal on Minority and Group RightsAman Gupta Human Rights Of Indigenous Peoples (Isha Books, 2005). Corine Lennox and Damien Short Handbook of Indigenous Peoples' Rights (Routledge Publishers, 2016). Mahi Pal, Panchayats in Fifth Scheduled Areas, Economic and Political Weekly, 2000. Endnote 1. Research Scholar and Faculty, Department of Laws, Panjab University, Chandigarh. United Nations Declaration on The Rights of Indigenous Peoples, 2007 Asia Pacific Forum of National Human Rights Institutions and Office of the United Nations high commissioner for Human Rights (Indigenous Peoples and Minorities Section) The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions HR/PUB/13/2 (August 2013). Indigenous and Tribal Peoples Convention, 1989, No. 169 2. Article 1, Convention No. 169 3. Corine Lennox and Damien Short Handbook of Indigenous Peoples' Rights (Routledge Publishers, 2016). 4. Kabir Sanjay Bavikatte, 'Community Stewardship: The Foundation of Bio-cultural Rights' [2015] Journal of Human Rights and the Environment 7. 5. Alejandro Fuentes, 'Protection of Indigenous Peoples' Traditional Lands and Exploitation of Natural Resources' [2017] International Journal on Minority and Group Rights 229, 233-238. 6. Darrell Addison Posey and Graham Dutfield, Beyond Intellectual Property: Towards Traditional Resource Rights for Indigenous Peoples and Local Communities (International Development Research Centre, 1996). 7. The Constitution of India, art. 342. 8. The Constitution of India, art. 19(5). 9. https://ncst.nic.in/page/function-of-the-commission 10. Patrik Oskarsson, Landlock: Paralysing Dispute over Minerals on Adivasi Land in India (Australian National University Press, 2018). 11. https://tribal.nic.in/FRA.aspx 12. D.K. Pandey, Amandine Junot and P. Adhiguru, 'The contribution of sense of place to shifting cultivation sustenance: evidence from West Garo Hills, North East India' [2021] Current Science 120 13. Supra note at 14. 14. Neema Pathak Broome, Shrishtee Bajpai and Mukesh Shende, Just Transformations: Grassroots Struggles for Alternative Futures, (Pluto Press, 2024). 15. Roshni Kutty and Ajit Menon, 'Brokering Power: Bureaucratic Contestations in Participatory Forest Governance' [2025] Ashoka Trust for Research in Ecology and the Environment 23. 16. Patrick Thornberry, Indigenous People and Human Rights, (Manchester University Press, 2002).