Protection of Socio-Economic Rights of Indigenous Peoples in India

Abstract

In India, the term Indigenous Peoples is not used, ‘indigenous people’ are generally understood and implied in its usage in the United Nations. However, most of the times the people that falls within the category of ‘Scheduled Tribes’ are considered as indigenous peoples in India. India has one of the largest populations of indigenous peoples and are an integral part of populations and their contribution in sustainable development and protection of biodiversity cannot be overlooked. The Indian legal framework has been drafted to include the rights of everyone and to ensure the protection of all. Yet, there are still number of atrocities that are faced by them, like social boycott, honour killing and the economic deprivation with the introduction of patent over their traditional knowledge. They are regarded as the vulnerable groups and many a times they are left out of the purview of development policies. The available Indian law provides for varying degree of such protection there are certain instance when such rights are not enjoyed by certain indigenous communities. Due to this they have been the victim of discriminations and are easily targeted, they are socially, politically and economically marginalized. There are increasing rates of crimes against them. They are subjected to various difficulties; there are cases where they are forcibly evicted from their land making them suffer their right to livelihood. This article aims to highlight the various rights guaranteed by Indian legislations to indigenous peoples and also provides an insight to the various problems that are faced by them.