A Critical Study of Statutory Protection to Indigenous People of India

Abstract

The research is undertaken on the concept of protection to indigenous people and their development in the Indian scenario. The outlook of the research is a critical study of Indigenous peoples, their Statutory Protection and contemporary conditions prevailing to them across India and the rights of the Indigenous people all over the Globe. Due to lack of knowledge, awareness and importance given to the Indigenous people, they are not highlighted in a wider sense, though the strength of Indigenous people's share is approximately 370 million worldwide, in over 90 countries. Although they make up 5 percent of the global population, they account for about 15 percent who are extreme poor. Indigenous Peoples’ life expectancy is up to 20 years lower than the life expectancy of non-indigenous people worldwide. The study begins with the premise that International law guarantees rights to indigenous peoples regarding their tradition, lands, knowledge, cultural preservation and human security. This research has examined the sources of their rights and legal remedies for violations of law, Protection of indigenous peoples’ cultures and resources contribute to the protection of the global environment. In view of that, "Indigenous peoples" as an international legal concept has been studied in detail. Based on previous studies on life of indigenous peoples and their vulnerable position due to socio-economic seclusion; a research inquest started to understand thoroughly and to explore available domestic policy and legal framework in India. Accordingly, an attempt is made to comprehend the lives and rights of indigenous peoplesat both the national and international levels. A detailed analysis of the wealth of long-established traditionalknowledge held and practiced by indigenous peoples, the possibilities of protecting such knowledge from unauthorised exploitation is made during the progress of t h i s research. Hence research aims at critical assessment of the policies adopted by the Indian government since independence, for the purpose of providing equality and equal protection of law to the indigenous peoples in India. Study also duly considers how the protection issue has become very crucialwhen there is a increased commercialisation tendencies owing to modern Intellectual property (IP) regime.The method of research adopted in this study is doctrinal in nature involving analysis and evaluation of both primary and secondary legal materials. Philosophical and jurisprudentialdiscourses on the ABSTRACT vi subject are examined based on review of literature. A review of the regulatory frameworks at the regional, national and international level is undertaken in an effort to put light on the nature and scope of the study. The national and international practices were appraised on the basis of Indian and foreign case laws and case studies. The thesis consists of six chapters inclusive of Introduction and Conclusion. The Introductory chapter gives a basic insight on the research topic and its relevance. This chapter gives a clear description about the Statement of problem, Aim of the study, Hypothesis, Methodology, Scope and Limitation. An attempt is made to understand the historical backgroundof Indigenous People and its justification in this chapter.