Indigenous Peoples in India, also known as Adivasis or Scheduled Tribes, have specific rights recognized under international law and the Indian Constitution. However, the implementation of these rights faces significant challenges, leading to ongoing violations.
Constitutional and Legal Framework
The Indian Constitution provides fundamental rights, including equality and equal protection before the law, with no discrimination based on caste, sex, religion, or place of birth. It also allows for special provisions for the advancement of socially and educationally backward classes, including Scheduled Tribes, and abolishes untouchability. Key legal provisions include:
1) Article 29: Guarantees communities the right to safeguard their distinct language, script, and culture, even if they are a minority.
2) Forest Rights Act (FRA) 2006: Formally known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, this act recognizes the rights of forest-dwelling communities to their lands and resources. It was intended to restore rights over at least 40 million hectares of forest land across 170,000 villages, potentially benefiting 150 million people, including 90 million tribal people. Section 4(5) of the FRA states that no member of a forest-dwelling Scheduled Tribe or other traditional forest dweller shall be evicted from forest land until the recognition and verification procedure is complete.
3) Panchayats (Extension to Scheduled Areas) Act, 1996: Section 4(i) mandates consultation with the Gram Sabha or Panchayats before acquiring land in Scheduled Areas or implementing development projects, and before resettling or rehabilitating affected persons.
International Treaties and Declarations
India has signed various international treaties that address the rights of Indigenous people. These rights are further elaborated in the UN Declaration on the Rights of Indigenous Peoples, which includes the right to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions. The draft Declaration outlines human rights specific to Indigenous Peoples, including the right to self-government.
Challenges to Implementation
Despite these legal safeguards, the implementation of Indigenous rights in India faces significant obstacles:
1)Denial of Land Rights: Forest-dwelling Indigenous communities have been denied rights to their lands and resources. As of August 2021, 53% of the 4.2 million claims filed under the FRA had been rejected.
2) Evictions: Forest dwellers and members of Scheduled Tribes whose FRA claims have been rejected have been dubbed "encroachers" and evicted, resulting in homelessness for millions. These evictions often occur without free, prior, and informed consent (FPIC), adequate compensation, fair settlement plans, or proper consultation processes.
3) Displacement: Development projects, such as hydropower development and cement plants, often lead to the displacement of Indigenous Peoples from their lands, violating their rights to FPIC, livelihoods, sacred sites, and economies.
4) Forces Special Powers Act (AFSPA): The militarization of Indigenous territories and the labeling of Indigenous people as terrorists have led to extrajudicial killings and violence against Indigenous rights defenders.
5) Rejection of Claims: Supporters of Scheduled Tribes’ rights claim that the Ministry and Department of Tribal Affairs are ignoring legitimate claims, with committees causing delays due to infrequent meetings and a failure of coordination among government departments.
6) Citizenship Amendment Act (CAA):The CAA threatens the citizenship rights of Indigenous Peoples, as many lack the necessary documents to prove citizenship, potentially rendering millions stateless.
7) Violence Against Women: Indigenous women continue to be subject to violence.
8) Restrictions on Funding: The 2020 Foreign Contribution Regulation Act limits access to funding for civil society organizations, including Indigenous organizations.
Specific Rights Violations
Violations of Indigenous Peoples' rights in India include:
1) Encroachment on their right to self-determination.
2) Forced assimilation.
3) Trespassing on their right to practice and develop their cultural heritage.
4) Denial of rights and repression by the law.
Conclusion
While India has a legal and constitutional framework to protect the human rights of its Indigenous population, the implementation of these rights is severely lacking. This deficiency results in ongoing land theft, displacement, violence, and discrimination. Addressing these challenges requires stricter enforcement of existing laws, greater transparency and accountability in government actions, and genuine consultation with Indigenous communities in all decisions that affect them.
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