Rights of Indigenous Peoples under International and Indian Law
Indigenous peoples, as stewards of unique cultures, languages, and traditional knowledge, are
entitled to special protections under both international human rights frameworks and Indian legal
systems. These protections aim to preserve their identity, secure their lands, and ensure equitable
access to resources while safeguarding their self-determination and cultural heritage.
Rights of Indigenous Peoples under International Law
1. Universal Declaration of Human Rights (UDHR), 1948
● Article 2: Ensures equal rights for all, including indigenous peoples, without
discrimination.
● Article 27: Protects the cultural rights of minority groups.
2. International Labour Organization (ILO) Conventions
● ILO Convention 107 (1957): Advocates for the integration of indigenous peoples into
national frameworks.
● ILO Convention 169 (1989): Acknowledges indigenous peoples’ rights to maintain
cultural identities and control traditional lands.
3. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), 2007
● Article 3: Right to self-determination.
● Article 26: Right to own, use, and control ancestral lands.
● Article 29: Right to environmental protection and sustainable development.
● Article 31: Right to protect cultural heritage and traditional knowledge.
Rights of Indigenous Peoples under Indian Law
1. Constitutional Provisions
● Article 14: Guarantees equality before the law.
● Article 46: Mandates the state to promote the educational and economic interests of
Scheduled Tribes.
● Article 330 and 332: Reserves seats for Scheduled Tribes in the Lok Sabha and State
Legislative Assemblies.
● Article 342(1): Identifies Scheduled Tribes through a presidential notification.
● Article 366(25): Defines Scheduled Tribes as communities identified under Article 342.
● Fifth and Sixth Schedules: Provide governance frameworks for tribal areas in mainland
India and northeastern states, respectively.
● Article 243D: Ensures reservation of seats in Panchayats for Scheduled Tribes.
2. Legislative Framework
● Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Protects
against discrimination and violence against tribal communities.
● Forest Rights Act, 2006: Grants legal recognition to tribal communities over forest lands
and empowers them to manage forests sustainably.
● Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA): Recognizes tribal
self-governance in Scheduled Areas.
● Land Acquisition, Rehabilitation, and Resettlement Act, 2013: Ensures fair
compensation and rehabilitation for tribal communities during land acquisition.
Judicial Pronouncements
1. Samatha v. State of Andhra Pradesh (1997): Upheld tribal land rights in Scheduled
Areas, invalidating private leases.
2. Orissa Mining Corporation v. Ministry of Environment and Forests (2013)
(Niyamgiri Case): Affirmed the right of the Dongria Kondh tribe to decide on mining
projects in their sacred land.
Key Rights of Indigenous Peoples
1. Right to Land and Natural Resources: Indigenous peoples hold inherent rights over
ancestral lands and natural resources, safeguarded by laws like the Forest Rights Act,
2006, and PESA.
2. Right to Cultural Preservation: International frameworks like UNDRIP and Article 29
of the Indian Constitution emphasize protecting tribal languages, traditions, and heritage.
3. Right to Self-Governance: Governance frameworks under the Sixth Schedule and PESA
empower tribal communities to manage local affairs.
4. Right to Protection from Exploitation: The Prevention of Atrocities Act, 1989, ensures
protection from discrimination and violence.
5. Right to Development: Development policies must respect indigenous consent and
cultural identity, as reiterated in the Niyamgiri Case.
6. Right to Consultation and Consent: The principle of Free, Prior, and Informed Consent
(FPIC) is essential before projects affecting indigenous territories are undertaken.
Challenges Faced by Indigenous Peoples
1. Land Displacement: Displacement due to industrial or infrastructure projects.
2. Loss of Culture: Urbanization and assimilation threaten traditional knowledge and
practices.
3. Environmental Degradation: Exploitation of natural resources in tribal areas.
4. Social Exclusion: Marginalization in education, healthcare, and employment.
