Open Access Research Article
RIGHTS OF INDIGENOUS PEOPLE IN INDIA WITH SPECIAL REFERENCE TO NORTH-EAST INDIA: A STUDY ON SOCIO-LEGAL ASPECTS OF THE SOCIETY. BY: UMMEY SAFIA BEGUM
Published Paper
Article Details
RIGHTS OF INDIGENOUS PEOPLE IN INDIA
WITH SPECIAL REFERENCE TO NORTH-EAST INDIA:
A STUDY ON SOCIO-LEGAL ASPECTS
OF THE SOCIETY.
AUTHORED BY: UMMEY SAFIA
BEGUM
Designation: Faculty of
Law, Cotton University, Guwahati, Assam.
Abstract
Indigenous People inherit
and practices unique cultures and also ways of relating to the people and the
environment. They have characteristics that are distinct from those of the
dominant societies in which they live in being social, cultural, economic and
political. Their identities, cultures, livelihoods, as well as their physical
and spiritual well-being are inextricably linked to land and natural resources
on which they depend. They follow and are bound to their customary leaders and
organizations for representations that do not have any link from those of the
mainstream society or culture. Governments often recognize only a fraction of
land as formally or legally belonging to these people even though most of the
land is occupied under customary ownership by them. Northeast India is home to
more than 500 indigenous people who are categorized as tribal, speaking
different languages and follow distinct cultures from other members in the
society. They have the right to own, use, develop and control the lands and
resources that they possess by reason of traditional ownership. There is an
increasing crime against indigenous peoples in India which has been clearly
highlighted in the Crime in India published every year by the government.
Large-scale violation of human rights like atrocities by police in custody,
cases of encounters and similar such cases are increasing in the Northeastern
states as recorded by the National Human Rights Commission (NHRC). Therefore,
it is the need of the hour that the legal status of indigenous people in India
and the world should be improved significantly as their birthright.
Keywords: Indigenous; Tribal; North-east India; Unique
Practice; Violation of Human Rights.
Methodology
As a secondary tool for
study, articles in research journals, newspaper reports have been scanned and
analysed. Review and analysis of legal literature available in India have been
made and referred to extensively.
Several online databases
and internet search engines have been used to keep the study updated
Objective
The main objective of the
research is to study and recognise various rights of the indigenous people as
well as to critically analyse the reality that are faced by the indigenous
people of North-East India.
Introduction
Indigenous people live on
all continents, from Asia to Africa and the Americas and the like. There is no
singularly authoritative definition of indigenous people, not even under
international law and policies. However, Articles 9 and 33 of United Nations
Declarations of the Rights of Indigenous people[1] states that indigenous people and individuals have the right to
belong to an indigenous community or nation, in accordance with the traditions
and customs of the community or nation concerned, and that they have the right
to determine their own identity. Despite the lack of an authoritative
definition, there are certain criteria that help to define indigenous people.
The main one is the criterion of self-identification and that of those proposed
by Special Rapporteur of United Nations Prevention of Discrimination and
Protection of Minorities , Mr. Jose Martinez CoboJose in his “Study of the problem of
discrimination against indigenous populations”[2],which includes:
•
Historical continuity with pre-invasion and/or pre-colonial
societies that developed on their territories;
•
Distinctiveness;
•
Non-dominance; and
•
A determination to preserve, develop and transmit to future
generations their ancestral territories and identity as people in accordance
with their own cultural patterns, social institutions and legal system.
Indigenous People inherit
and practices unique cultures and ways relating to people and the environment.
They have retained social, cultural, economic and political characteristics and
features that are distinct from those of the dominant societies in which they
live[3].
However, despite their cultural differences, Indigenous People from around the
world share some common problems related to the protection of their rights as
distinct peoples.
They have sought
recognition of their identities, way of life and their rights to traditional
lands, territories and natural resources for years, yet their rights have
always been violated throughout history. Indigenous People today are among the
most disadvantaged and vulnerable groups of people in the world. Indigenous
people are often marginalized and face discrimination in countries’ legal
systems, leaving them even more vulnerable to violence and abuse. Human rights
defenders of Indigenous people who speak out face intimidation and violence,
often supported by the state. Individuals are also physically attacked and
killed just for belonging to an Indigenous people. There can be seen an
increasing rate in crime against indigenous people in India, which has been
clearly highlighted in the Crime in India published every year by the
government. Large Scale violations of human rights like atrocities by police in
custody, cases of encounters and similar such cases are increasing in the Northeastern
states as recorded by the National Human Rights Commission (NHRC).[4]
The international
community now recognizes that special measures are required to protect their
rights and maintain their distinct cultures and way of life. Various study has
been made both in the national and international level, various organisations
and declarations are been held as well as enacted various laws in order to
safeguard these groups by letting them carry their own identity.
Discrimination is the
reason why Indigenous peoples make up 15% of the world’s extreme poor. They
also suffer higher rates of landlessness, malnutrition and internal
displacement than other groups across the globe.
Rights of Indigenous people in
international law
Indigenous people and their rights have, over
the past three decades, become an important component of international law and
policy. Movements driven by indigenous people, civil society, international
mechanisms and states as well at the domestic, regional and international level
brought the issue in the forefront. The United Nations human rights system, its
mechanisms, laws and policies, have been at the centre of these developments
with bodies such as the United Nations Working Group on Indigenous Populations
playing a groundbreaking role, which is continued by the Human Rights Council
and its mechanisms, in cooperation with other key factors, including the United
Nations Permanent Forum on Indigenous Issues.
The General Assembly’s
adoption in 2007 of the United Nations Declaration on the Rights of Indigenous
People(UNDRIP), was one of its main achievements which, by 2010, was supported
by the vast majority of United Nations Member States and none of them opposed
the same. It can be considered as the result of decades of negotiation between
States and indigenous people, coming together in a spirit of partnership to
endorse the Indigenous Declaration. It applies to indigenous people and their
specific situations which helps them to reverse exclusion from the
international legal system. Rights to their collective bicultural heritage,
including traditional knowledge and resources, territories, and cultural and
spiritual values and customary laws are been protected by the Declaration.
Despite it not being
legally binding, 146 countries have adopted the Declaration and so have
committed to respecting it. When a Declaration is accepted by Congress in Peru
for instance, it became a set of standards and principles that need to be
applied. It is the duty of National Governments that have signed up to respect
the provisions of the Declaration if the indigenous people implement specific
provisions of the Declaration in their local governance systems. The UNDRIP
contains a number of provisions that can be used to strengthen their rights and
bicultural heritage:
1)
Article 26 states that indigenous peoples have the right to the
lands, territories and resources which they have traditionally owned, occupied
or otherwise used. They have the right to own, use, develop and control these
resources. Legal recognition and protection to these lands, territories and
resources shall be given by the state.
2)
Article 11 provides that
Indigenous peoples have the right to practice and revitalise their cultural
traditions and customs whereas Article 31 provides for the right of
maintenance, control, protection and to develop their cultural heritage,
traditional knowledge and traditional cultural expressions, and also that of
genetic resources, seeds, medicines, knowledge of the properties of flora and
fauna.
3) Article 12 provides
for the right to manifest, practice, develop and teach their spiritual and
religious traditions. They also have the right to maintain and strengthen their
distinctive spiritual relationship with their traditionally owned or occupied
and used lands, territories, waters and coastal seas and other resources as
mentioned in Article 25.
4) Article 18 provides
for decision-making rights. They have the right to participate in decision
making affecting their rights. Indigenous people also have the right to
self-determination as provided under Article 3.
5) Article 32 provides
for free prior and informed consent. Indigenous people have the right to
determine and develop priorities and strategies for the development or use of
their lands or territories or other resources. It is the duty of the states to
consult with indigenous people through their own representative institutions to
obtain their free prior informed consent before working on any project which
may affect their lands or territories and other resources, particularly in
connection with the use of mineral, water or other resources.[5]
ILO
Convention concerning Indigenous and Tribal Peoples in Independent Countries,
1989 (No. 169)
Another International
norm concerning Indigenous people is ILO Convention respectively.
There are only two ILO
conventions specifically dealing with indigenous peoples rights, ILO Convention
concerning the Protection and Integration of Indigenous and Other Tribal and
Semi Tribal Populations in Independent Countries, 1957 (No. 107), ILO
Convention No. 169 which is fundamentally concerned with non-discrimination.[6]
The Declaration mainly
covers indigenous people’s rights to development, customary laws, lands,
territories and resources, employment, education and health. Moreover, it
signaled, at the time of its adoption in 1989, a greater international
responsiveness to indigenous people's demands for greater control over their
way of life and institutions. In 1989, the Convention No. 169 had been ratified
by 22 countries, mostly in Latin America.
Rights of Indigenous people in India
Rights of Indigenous
People in India have been recognized. India is home to about 700 tribal groups
with a population of 104 million (2011 census). These indigenous people
constitute the second largest tribal population in the world next to Africa. In
central India, the Adivasis are usually referred to as Scheduled Tribes, which
literally means Indigenous Peoples.[7]
Indigenous People in
India are found in largest concentrations in the seven states of north-east
India, and also the central tribal belt that stretches from Rajasthan to West
Bengal. India has several laws and constitutional provisions as incorporated by
the makers of Indian Constitution into this living document to protect the interest
of the Indigenous People, such as the Fifth Schedule for central India and the
Sixth Schedule for certain areas of north-east India, which recognize
Indigenous Peoples’ rights to land and self-governance. Various commissions and
Acts have also been enacted from time to time in order to safeguard the
indigenous people in India. The laws aimed at protecting Indigenous People have
numerous shortcomings and their implementation is far from satisfactory. As industries encroached upon their
lands, many communities were displaced and some continued to wage a struggle to
either protect their homes or demand fair compensation.
1.
Economic and Political
Rights:
To protect the economic rights of the indigenous people, we have Article 244
under the Constitution of India (COI) which provides for the administration of
the Scheduled Area and Tribal Area. To promote the welfare of Scheduled Tribes
Article 275 empowers parliament to make special grants given to the state which
undertakes the scheme of development. To protect the political rights of the
tribal people provisions like Article 244, 243, A330, A334, 371 are been given
specifically in respect of Northeastern States . Article 164 (1) empowers the
state to establish a special ministry for the scheduled tribes in the state
like Chandigarh, Madhya Pradesh and Orissa. The Fifth and Sixth Schedule of the
COI ensures proper control and administration of Scheduled Tribes and their
areas.
2.
Educational &
Cultural Rights: Article 15(4) provides for Special provisions for advancement of
other backward classes and Article 29 Protects the Interests of Minorities
which includes the Scheduled Tribes.
Under Article
46, the COI directs the State to promote the educational and economic interests
of the weaker sections of the people, and in particular, of the Scheduled
Castes, and the Scheduled Tribes, and to protect them from social injustice and
all forms of exploitation. Article 350 provides for a Right to conserve
distinct Language, Script or Culture whereas Art. 350A provides facilities for
Instruction in Mother Tongue at primary stage.
3.
Social Safeguards: Article 15 laid down
provisions for the promotion of social, economic and educational interests of
the Scheduled Tribes and Article 19 (5) which is a special provision that
imposes restrictions on owning property by non-tribal’s in tribal areas.
Furthermore,
Article 23 Prohibits traffic in human beings and beggars and other similar
forms of forced labor, Article 24 Forbids Child Labour in any forms.[8]
4.
National Commission for
Scheduled Tribe (NCST):
NCST was set
up by amending Article 338 in 2004 and
have inserted a new article 338A in the Constitution through the 89th Constitution
Amendment Act, 2003. It consisted of a Vice-Chairperson and three full-time
members including one female member. The members of the Commission assume their
duty for three years from the date of assumption of charge. The duty of this
commission is to inquire into complaints with respect to deprivation of their
rights and as well as to safeguard them. The commission also takes part in
advising in the development of Scheduled Tribes and also to evaluate their
development progress.[9]
5.
Various enactments: The enactment of
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 to
protect them from any kind of discrimination and torture. The Scheduled Tribes
Bonded Labour Abolition Act of 1976, to protect them from bonded labor and other
practices where adequate wages are not paid to them for their work. Another
enactment is the Forest Conservation Act, 1980 to protect and conserve the
forest resources as these indigenous people mostly live and are dependent on
them.
India has
consistently favored the promotion and protection of indigenous peoples’
rights. The Provisions of the Panchayats (Extension to Scheduled Areas) Act,
1996 or PESA to enable tribal self rule, the Tribal Panchsheel Principles
(1958) of India's first Prime Minister Jawaharlal Nehru and all other legal
safeguards as mentioned before guarantee protection to indigenous people.[10]
Women and Indigenous Rights
Tribal women in India
face discrimination, violence and unequal treatment in many forms and often
without legal recourse, as they have a very weak access to the justice system
of the country. The legal and judiciary system is mainly male dominated and
often not gender sensitive. They are also not aware of their rights including
the due process, and have little access to competent lawyers. Furthermore, they
are raped or sexually abused in custody of the police or other authorities. The
women face diverse abuses such as killing, torture and other violence against
women labeled “witches,” sexual violence, trafficking, militarization, and
development-induced displacement.[11]
In the state of
Chhattisgarh, around 46 cases of gang rape by security forces were reported
over just few months between 2015 and 2016, and the number is likely higher
than what was reported.[12]
The National Crime
Records Bureau of the Indian government stated that 1,137 Tribal women were
raped and 885 assaulted “with intent to outrage her modesty” in 2020 alone in
the report published in September 2021.[13] Indigenous women and girls in India working as domestic helpers
also undergo vicious cycles of exploitation, intimidation, and torture and
among many cases go unnoticed. In 2021 an incident of murder of a 12-year-old
Karbi Indigenous girl, Sumila Ronghagpi, who worked as a domestic
responsibilities of a Gram Sabha worker for a wealthy, high-caste family in
Assam state came out. Asia Indigenous Peoples Pact (AIPP) and International
Work Group for Indigenous Affairs (IWGIA) report that “was allegedly tortured,
impregnated and burnt alive.[14]
A study conducted by Karbi Human Rights Watch,
where it was found that about 5,000 young Karbi girls work in similar kinds of
exploitative conditions, face similar violence and are often without legal
recourse, due to poverty and other obstacles accessing their rights and the
legal system.[15]
IWGIA’s 2021 report to the CEDAW emphasized how public health measures
undertaken to contain the COVID-19 pandemic exacerbated violence against
Indigenous women globally, permitting increases in domestic violence and
limiting survivors’ ability to access help.[16]
In India, maternal death
rates are higher among Adivasi and Tribal women than others.[17]
Indeed, disaggregated
data is generally lacking with regards to the human rights situation of
Indigenous women, which prevents having an accurate understanding of their
needs and realities and it comes as an obstacle to devise policies and programs
to adequately address them. Disaggregated data is urgently needed in order to
address these situations of violence and ensure that the government implements
their rights under CEDAW, UNDRIP, and other relevant obligations.
Ongoing Human Rights violations
1)
Militarization and Extrajudicial Killings
This falls under
violations of UNDRIP Articles 7 and 30, UDHR Articles 3 and 10, International
Convention for the Protection of all Persons from Enforced Disappearance
Article 1,International Convention on Civil and Political Rights (ICCPR)
Articles 4, 6, 9, and 15.
Rights of Indigenous
People are been continued to violate by the Security forces in Central and
Northeast India. Northeast people are been accused of having links with
insurgent groups.[18] Hundreds of murders of and other
violence against Indigenous people are been caused due to Maoists rebels in
central India.[19]
The Armed Forces Special
Power Act (AFSPA) of 1958 confers special powers to armed forces and is
operative in areas that are declared as disturbed and dangerous including in
Northeast India where there is a large concentration of Indigenous People[20]
resulted in gross human rights abuses including extrajudicial killings and
disappearances in the name of suppressing counter-insurgencies in the area.
Encounters of more than 6000 were recorded from 2017 to August 2021 as per the
government reports.[21]
2. Torture, Physical Abuse,
and Murder of Human Rights Defenders
It includes the
violations of UNDRIP Articles 7, 21, 24, and 30, UDHR Articles 3, 5, 9, 13, 20,
and 25, Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment Article 2, and ICCPR Articles 7, 9, 10, and 15.
The government of India
has not yet taken steps to protect human rights defenders. Human rights
defenders and Indigenous human rights defenders in particular are in fact
facing greater risks.
They are often
arbitrarily detained, physically attacked, ill-treated, displaced, and killed.
Human rights defenders in India often labeled as Naxals, terrorists, militants,
insurgents, anti-nationalists and members of underground and their movement is
on many occasions unlawfully restricted.
One example of
persecution of rights defenders was the government’s decision to prevent
Neingulo Krome, general secretary of the Naga People’s Movement for Human
Rights and a well-known Indigenous rights activist and leader, from flying to
Bangkok from Kolkata in February 2021. He was barred from leaving the country
and told that he was not allowed to travel abroad per orders of the government,
an act that the organization Asia Indigenous Peoples Pact condemned.[22] No
further information was provided, nor evidence of this order.[23]
3. Forced Eviction from Forest and Lands violates Articles 3, 5, 8,
10, 11, 19, 20, 21, 25, 26, 27, 29, 31, and 32 of UNDRIP, UDHR Articles 22, 23,
and25, and ICCPR Article 12.
Indigenous People in
India depend mostly upon forests for their living. For many, the forest not
only provides resources for economic subsistence, but it is also a way of life
socially and culturally. In reality a large number of forest dwelling
Indigenous communities in India in many cases has been denied rights to their
lands and resources.
In 2006, the Indian
government enacted the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of
Forest Rights) Act, known for short as the Forest Rights Act (FRA).It has been
estimated that the act could restore “rights of forest dwellers over at least
40 million hectares or 100 million acres of forest land in 170,000 villages,
i.e. one-fourth of the villages across the country. Importantly, at least 150
million people, including 90 million Tribal people, are estimated to benefit.[24]
However, according to the
monthly progress report on FRA published by the Ministry of Tribal Affairs, as
of August 31, 2021, a total of 4.2 million individual and community claims
seeking title have been filed under the FRA of which 53% from 20 states were
rejected.[25]
Alternatives were not
provided to the affected people, nor were consent sought prior to the eviction
and no adequate redress nor compensation was provided. Many Indigenous Peoples
in India have already lost their homes in the name of “conservation,” mainly to
make way for tiger reserves, despite the fact that these communities have lived
in balance and relationship on these lands, with tigers and other wildlife, for
generations.[26]
4) Violation of right to
dignified life of Indigenous Peoples
Violations of UNDRIP
Articles 5, 7, 8, 11, 13, 14, 16, 15, 31, and 33; UDHR Article 20; ICCPR
Article 27.
On 11 December 2019,
India passed the Citizenship Amendment Act (CAA), which amended its existing
Citizenship Act of 1955. The act has been criticized for anti-Muslim impacts;
while it claims to support citizenship for immigrants from religious
minorities, it discriminates against Muslim immigrants.[27]
It also threatens the
citizenship of India’s Indigenous People: IWGIA reports that, Indigenous People
fear that the CAA will render millions of them stateless because they will not
be able to provide the necessary documents to prove their citizenship.[28] They consider CAA as a direct attack
on their cultures.[29] A pilot project conducted in 2019 in
Assam state excluded close to 2 million people from official citizenship
records, among them 100,000 Indigenous people of various Peoples. Many
Indigenous people in India do not have the documents required to prove
citizenship; thus, implementation of this act nationwide would leave millions
stateless. Detention of individuals unable to prove their citizenship has
already resulted in violence, imprisonment, and death.
Conclusion and Recommendations
There is a growing
situation of intolerance among the North-eastern people in major cities in
India. Increasing racial discrimination against the indigenous people have
become a major issue in the country which needs to be looked upon strongly and
by assuring them to protect all the rights that a human needs to lead a
dignified life.
Some of the
recommendations to safeguard the rights of the indigenous people are discussed
below:
1.
By taking appropriate and necessary actions to protect human
rights defenders and civil society organizations against murder, harassment,
and intimidation, including ensuring their right to freedom of association and
access to financial resources.
2.
By creating a national action plan on implementing Indigenous
Peoples’ rights based on the World Conference on Indigenous Peoples’ Outcome
Document.[30]
3.
By undertaking periodic collection of data disaggregated by gender
and ethnicity and devise appropriate policies, programs, and protection
measures to guarantee the safety of Indigenous women and girls.
4.
By implementing all developmental plans in line with international
human rights standards, including the UN Guiding Principles on Business and
Human Rights; Free, Prior and Informed Consent; and an effective remedy as well
as justice for communities affected by development and business operations
1.
5.By ratifying ILO Convention 169 which recognizes Indigenous
peoples' right to self-determination within a nation-state, while setting
standards for national governments regarding Indigenous peoples' economic,
socio-cultural and political rights, including the right to a land base.[31]
5.
Conduct a high-level independent investigation to ensure that
justice is brought to the victims of extrajudicial killings in northeast India
and their families.
6.
Repeal the Armed Forces Special Powers Act and put an end to the
culture of extrajudicial killings in northeast India.
7.
Uphold the letter and spirit of the Forest Rights Act by
safeguarding the inherent rights of Scheduled Tribes and other traditional
forest-dwelling peoples. Introducing certain principles of ILO Convention 107
to which India is a party of fair settlement plans and consultation processes
in order to process land claims in a timely and transparent way.[32]
8.
Invite the UN Special Rapporteur on the Rights of Indigenous
Peoples to visit India.
9.
Consult with Indigenous Peoples on ways to mitigate negative
repercussions of the Citizenship Amendment Act on their communities and ensure
their right to citizenship and their territories are implemented.
[1]Department of Economic and Social Affairs. Available at https://www.un.org/development/desa/indigenouspeoples/wpcontent/uploads/sites/19/2018/11/UNDRIP_E_web.pdf
(Last visited on 8th February’2024).
[2] Addressing Indigenous Rights at the United Nations . Available at https://www.culturalsurvival.org/publications/cultural-survival-quarterly/addressing-indigenous-rights-united-nations (Last visited on 9th February’2024).
[3] Indigenous Peoples at the United Nations,
Available at https://www.un.org/development/desa/indigenouspeoples/about-us.html#:~:text=Indigenous%20Peoples%20are%20inheritors%20and,societies%20in%20which%20they%20live (Last visited on 10th
March’2024).
[4] National Human Rights Commission, India,
Press Release(17th November, 20223). Available at https://nhrc.nic.in/media/press-release/nhrc-camp-sitting-guwahati-concludes-56-cases-human-rights-violations-ne-states#:~:text=These%20included%2C%20among%20others%2C%20the,area%20of%20Kokrajhar%20town%2C%20PS- (Last visited on 11th
March’2024).
[5] Indigenous Peoples and the United Nations
Human Rights System, Fact Sheet No. 9/Rev 2(United Nations Human Rights Office of The High Commissioner). Available at https://www.ohchr.org/Documents/Publications/fs9Rev.2.pdf (Last visited on 5th March’2024).
[6] Indigenous and Tribal Peoples’ Rights in
Practice: A Guide to ILO Convention No. 169 (Geneva, 2009) available at www.ilo.org/indigenous/Conventions/no169/lang--en/index.htm
(Last visited on 10th February’ 2024).
[7] Since the Scheduled Tribes or “tribals”
are considered India’s Indigenous Peoples, these terms are used interchangeably
in this text.
[8] Dr.J.N. Pandey, The Constitution of India 48 (Central Law Agency, Allahabad, 39th
edn , 2003).
[9] Daily Updates, Dhrishti IAS. Available at https://www.drishtiias.com/daily-updates/daily-news-analysis/national-commission-for-scheduled-tribes-2 (Last visited on 5th March’2024).
[10] Legal Safeguards for Scheduled Tribes, PIB Delhi.
Available at https://pib.gov.in/PressReleasePage.aspx?PRID=1514996 (Last visited on 17th
March’2024).
[11] Annisa Burgos,“The Multi-Layered Abuse of Adivasi
Women in India”, Upstream journal (2022). Available at https://upstreamjournal.org/Adivasi-women/?fbclid=IwAR0XBLFyhtJrsWxQV6D7jcqTroauaPzv7Xp0VGnMEvXkXDq3B_Txz_mlg0I (Last visited
on 19th March’2024).
https://www.ndtv.com/opinion/when-rape-becomes-a-weapon-against-Tribal-women-1647667. (Last visited on 17th March’ 2024).
[13] National Crime Records Bureau, Crime in
India 2020 (Ministry of Home Affairs, 2020). Available at
https://ncrb.gov.in/sites/default/files/CII%202020%20Volume%201.pdf. (Last visited on 16th March’
2024)
[14] Asia Indigenous Peoples Pact, Regional and
International NGOs strongly condemn the gruesome killing of Indigenous Karbi
Girl in Assam, Northeast India, (AIPP, 2021). Available at https://aippnet.org/wp-content/uploads/2021/04/AIPP_Statement-on-Gruesome-killing-of-Sumila_30April.pdf.
(Last visited on 2nd
March’ 2024).
[16] International Work Group for Indigenous
Affairs, Submission to the Committee on the Elimination of Discrimination
against Women, (International Work Group for Indigenous Affairs, 2021).
Available at https://www.iwgia.org/en/global-governance-cat/4420-cedaw-2021.html#_ftn66 (Last visited on 20th March’
2024).
[17] Inter State Adivasi Women’s Network of
Mainland India, Indigenous Women’s Forum of North East India, Asia Indigenous
Peoples Pact, India NGO CEDAW Shadow Report and Status of Adivasi/Tribal Women
in India, (58th Session of CEDAW, 2014). Available at https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/Ind/INT_CEDAW_NGO_Ind_17414_E.pdf.,11-12 (Last visited on 19th March’
2024).
[18] S.D. Pradhan, “Manipur
insurgent attack: Assessing causal links”, The Times of India (2021).Available
at
https://timesofindia.indiatimes.com/blogs/ChanakyaCode/manipur-insurgent-attack-assessing-causal-links/ (Last visited on 12th February’ 2024).
[19] Opinion expressed by Ken Timung Arleng,
Young Indigenous Rights activists at Diphu Assam in a conversation with
Cultural Survival, available here: Dev Kumar Sunuwar, “Citizenship Amendment
Bill Negatively Impacts Indigenous Peoples of Northeast India,” Cultural
Survival, 2020. Available at https://www.culturalsurvival.org/news/citizenship-amendment-bill-negatively-impacts-indigenous-peoples-northeast-india (Last visited on 4th March’ 2024).
[20] United Nations Human Rights Office of the
High Commissioner, “UN Experts Urge India to Release Protest Leaders,” OHCHR ( 2020). Available at https://www.ohchr.org/en/news/2020/06/un-experts-urge-india-release-protest-leaders?LangID=E&NewsID=26002 ( Last visited on 3rd March’
2024).
[21] Kishalay Bhattacharjee, “Encounters and
Impunity: India’s Undeclared War,” The
Wire( 2021).Available at
https://thewire.in/politics/encounters-impunity-india-undeclared-war (Last visited on 1st March’ 2024).
[22] Kittisak Rattanakrajangsri, The Asia
Indigenous Peoples Pact Statement, AIPP (2020). Available at https://aippnet.org/wp-content/uploads/2020/02/AIPP_Statment-in-support-for-Neingulo.pdf (Last visited on 12th February).
[23] The Wire Staff, “Civil Society Condemns
Centre's Move to Bar Naga Rights Activist From Travelling Abroad,” The Wire (2021). (Available at https://thewire.in/rights/naga-rights-activist-neingulo-krome. (Last visited on 20th
February’ 2024).
[24] Lekshmi M, Anup Kumar Samal, and Geetanjoy
Sahu, “15 Years of FRA: What Trends in Forest Rights Claims And Recognition
Tell Us,” The Wire (2021). Available
at https://science.thewire.in/politics/rights/15-years-forest-rights-act-claims-recognition-trends/. (Last visited on 26th
February’ 2024).
[25] Government of India, Ministry of Tribal
Affairs, Monthly update on status of implementation of the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, (
2021). Available at https://Tribal.nic.in/downloads/FRA/MPR/2021/(C)%20MPR%20Aug%202021.pdf. (Last visited on 23rd
February’ 2024).
[26] Survival International, Tribal
Conservationists in India's Tiger Reserves (Survival International). Available
at
https://www.survivalinternational.org/articles/3462-tigerconservationists (Last visited on 24th February’ 2024).
[27] Human Rights Watch, “India: Citizenship
Bill Discriminates Against Muslims,” Human
Rights Watch (2019). Available at https://www.hrw.org/news/2019/12/11/india-citizenship-bill-discriminates-against-muslims# (Last visited on 24th February’
2024).
[28] International Work Group for Indigenous
Affairs, Indian Citizenship Laws Have Deep Impact on Adivasis (International
Work Group for Indigenous Affairs, 2020). Available at https://www.iwgia.org/en/india/3536-nrc-impact-Adivasis.html. (Last visited on 21st February’ 2024).
[29] Dev Kumar Sunuwar, “Citizenship Amendment
Bill Negatively Impacts Indigenous Peoples of Northeast India,”Cultural Survival (2020). Available
at https://www.culturalsurvival.org/news/citizenship-amendment-bill-negatively-impacts-indigenous-peoples-northeast-india (Last visited on 23rd February’ 2024).
[30] Outcome Document of the World Conference
on Indigenous People . Available at https://indianlaw.org/wcip/outcome-document-world-conference-indigenous
peoples#:~:text=The%20World%20Conference%20Outcome%20Document,Nations%20on%20September%2022%2C%202014 (Last visited on 25th February’ 2024).
[31] C169-Indigenous and Tribal Peoples
Convention, 1989 (No.169). Available at https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C169 (Last visited 23rd February’ 2024).
[32]C107-Indigenous and Tribal Populations
Convention, 1957(No. 107). Available at https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C107
(Last visited on 21st
February’ 2024).
Article Information
RIGHTS OF INDIGENOUS PEOPLE IN INDIA WITH SPECIAL REFERENCE TO NORTH-EAST INDIA: A STUDY ON SOCIO-LEGAL ASPECTS OF THE SOCIETY. BY: UMMEY SAFIA BEGUM
Authors: UMMEY SAFIA BEGUM
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/27
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.