An Analysis of Various Legislations Relating to The Protection of

Rights of Indigenous and Tribal Peoples in India and International

Laws on Indigenous Peoples

Srishti Sahu & Aditya Prakash Tirkey

Student , B.A.LLB.(Hons.) (Semester – V & III)
Email Id : srishtisahu.hnlu@gmail.com; adityatirkeyhnlu@gmail.com
Hidayatullah National Law University , Naya Raipur (C.G.)
Contact No. : 9770995289; 9165940915

Abstract

India is home to the largest population of Indigenous Peoples of any country in the world.
The Tribal people in India is present enormously constituting around 8.1% of Overall
population (Census,2011). They range from some of the last uncontacted indigenous
communities in the world, like the Sentinelese of the Andamans, to some of the largest, such
as the Gonds and Santhals of central India. The paper elucidates the struggle by the tribes
and rights of the tribes provided through various judgements of the courts and also by various
Municipal Laws and International Instruments. The focal point of this paper examines the
application of the two major Legislations enacted by the Parliament of India ,that are
Panchayat (Extension to Scheduled Areas) Act,1996 confronting different powers to Gram
Sabha stating provisions and giving more transparency to it. Moreover rights provided in the
Constitution of India under Article 14, 15 ,19 , 21, 244 and 245 and also through the Fifth
and Sixth Schedule under the Part IX and Part IX-A of the Constitution of India is being
explained. The importance of tribal rights has been perceived on the International platform
through various instruments like The United Nations Permanent Forum on Indigenous
Issues (UNPFII) and The United Nations Declaration on the Rights of Indigenous People
(UNDRIP) stating special measures for protection of tribal rights. The final analysis of the
paper talks about the lacunae in the implementation of various instruments available for the
protection of tribal rights.

Keywords :- Indigenous People , Scheduled Areas , Panchayat (Extension to Scheduled

Areas) Act, 1996, The United Nations Declaration on the Rights of Indigenous People,
United Nations Permanent Forum on Indigenous Issues.