HUMAN RIGHTS: SAFEGUARDING THE RIGHTS OF INDIGENEOUS PEOPLE IN INDIA

Abstract

India has Indigenous people that constitute the second largest in the world after Africa. Indigenous peoples are often known by national terms such as native peoples, aboriginal peoples, first nations, adivasi, janajati, hunter-gatherers, or hill tribes. While India has signed a treaty with ILO Convention No. 107 on Indigenous and Tribal Populations (Now Convention 169) and supported UNDRIP, India has formulated its own laws and institutions that aimed at safeguarding the rights of Indigenous people of India. The Declaration constructed by the United Nation became a standard for the measurement of the protection, to end oppression and all forms of discrimination against indigenous communities in the Independent countries. It also grants rights to maintain their social, economic and cultural rights. Key components include land and resources rights, recognition of traditional knowledge, and protection against discrimination and forced assimilation. International instruments, such as the United Nations Declaration on the Rights of Indigenous Peoples, ILO Convention 169, UNPFII etc. aims to uphold and promote these rights, fostering a framework that values diversity, inclusivity, and the autonomy of indigenous communities. This chapter aims at understanding the international and national framework to protect the rights of Indigenous people. History shows us how the indigenous peoples of India had faced challenges and their rights had been violated. They are being sidelined in most part of the world. In this context, the study of indigenous communities becomes essential. The Scheduled Tribes have been given special protection under the Constitution of India. When it comes to the protection of the tribes and their land rights, there are constitutional, legal and policy frameworks formulated by the government of India for the Scheduled Tribes.