Copyright © 2018 by Dr Shambhu Prasad Chakrabarty.

Library of Congress Control Number:     2018959827

ISBN:                  Softcover                            978-1-5437-4796-6

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For

my mom and dad,

whose blessings are omnipotent,

for my wife and children,

whose love is omnipresent

FOREWORD

Cultural homogeneity is more of a misnomer than an identifier at present. This is because in the past cultural homogeneity was accompanied by a common mode of living – now it is achieved by the commonality of aspiration. Ubiquitous internet and satellite television with targeted programming have ensured that people, by and large, aspire to similar things, are encouraged to have similar me-too mindsets and their opinions are formed, unless they are eternally vigilant, by peer groups and social networking sites regardless of whether they stay in hovels where such expectations are not likely to be fulfilled or whether they are actually living that life.

In such a world, tribes as analyzed by Dr. Chakrabarty, a personal junior friend and fellow traveler in the journey towards knowledge, may seem an archaic construct which does not really exist. Even the author admits that the meaning of the word has undergone a sea-change to the extent that in India it is more of a euphemism than a description. Most Indians know tribes as an extension of the word Scheduled Tribes with its history of oppression, affirmative action, reservation and the baggage of ideas and counter-ideas including discrimination in reverse which barely three decades back set the nation and its youth on fire – literally.

However, as the Author has demonstrated in his well-researched, analytical and informative tome, tribes in India nonetheless have a distinct and atavistic existence, however muted by civilization it has become. He has taken us through the criteria which for him distinguishes a tribe from, let us say, a group of residents in a cooperative housing society or students in a hostel. He has shown us their ethnicity and place in history, society and the law, their general way of life and their faith, their beliefs and what has sustained them and the problems they faced and still face and the ameliorative measures which the State, the society at large and people individually have taken for their upliftment. He has also illuminated the darkest deeds against members of the tribe and how exploitation of the weak, where strength comes from money or possession of resources and the ability to defend them, continues from day to day.Strangely, perhaps for reasons of space or for tact, while the Author has dwelt upon the causes and effect of the Bastar uprising of 1911 and the struggle for retention of their ancestral forest lands, I have not found much information about a more recent attempt to render them homeless and bereft of even legal help which occurred in 2016, at about roughly the same time as the demonetization.

I am usually economical with my words of praise, but this is one book which has taught me more about the subject and its history, and the issues involved at some detail, which is hard to find elsewhere, particularly written such simply but comprehensively and which is as easily accessible to the serious scholar as the browsing dilettante. I pray and wish that the Author continues to write so engagingly about such matters which would otherwise have been dry and boring to the point of dehydration.

Protik Prakash Banerjee,

Judge, High Court at Calcutta.

September, 2018

ABSTRACT

The world is falling apart. People are forgetting their basic values that life teaches us all. Morality and law has parted ways, since some time now. But it was not long enough to remember when humanity reigned supreme. Let us not forget those moments, that moment of sacrifice, moments of help and chivalry that provides an unparallel sense of happiness within us. Let us realize that third world is not a world apart and the members of these countries are also humans. Let us come out of our comfort zones and realize the truth. Let us ignore it, no more.

Some religious fanatics led by super speciality weapons, once decided to promote it. On wherever they landed and explored because of their power became their property. Power was what corrupted them. And such absolute corruption led to the birth of certain philosophy the world would never forget nor forgive. The concept of civilization started and the process of de-humanization followed. Corporations developed and with it consumerism. Suddenly the world break up to create a concept known as the third world, which are meant to serve the whims and comfort of the first world with their everything, including their life.

Darkness was so bright that sun never showed its face for centuries. World has indeed fallen apart by then.

The world decided to change and the change came at a price. The irretrievable socio economic conditions of the original and aboriginal people of the planet, which grew with the planet itself, had to pay the ultimate price. The systematic annihilation of the third world countries and their resources by the first world has left them only to die the death that follows hunger and starvation. They have been waiting for death. But their spirit and courage and their motivation to survive has led to come out of debris to generate and build great international movements which forced the world to accept the fact that they are the deprived lot and the subjects of violation. World today has a different light to show, the light which leads the way to the new world. The modern civilization and the new world need these people to be part of the whole and not someone different in the struggle to survive the ordeal the future has stored for the human civilization.

International movements of indigenous communities ultimately led its voice heard to the world through the United Nations Organization (UNO) and its various wings. The world today hear it from the voice of those who suffered and the time has come for all of us, to learn and provide the remedy they deserve for centuries.

This work critically examines the exploitation of tribes more specifically in this third world country which is also the biggest democracy of the world. The history of tribal existence, the butchery of barbaric colonial laws followed by the post independent era of colonial legal regime and the continuing oppression that which has been led by both State and non-state agencies leading to deprivation and destruction of the survival base of the tribals. In the name of development, the unethical deprivation and annihilation of the tribals from their land and forest for centuries has led to various socio-economic and legal conflicts between the tribes on one hand and the non-tribals and the state administration on the other.

This work apart from the woes of the conflicts that shed blood of the innocent people, would also make a positive analysis as to why the term indigenous has been left out and the term tribe been accepted in the Indian legal system another interesting analysis between castes and tribes has been made in the book. The veil has been removed from the political intent to protect the tribals in India. It must be understood that ILO 169 and 107 are based on completely different set of philosophies and India must adhere to ILO 169 instead of 107. All the efforts that is been taken for the tribals today is based on ILO 107 and hence would be infructuous in the years to come. The sooner it is the better for India to accept ILO 169. India must stand by the promises it makes before the tribal and indigenous and tribal and her tribal and indigenous communities. Time has come to work for these people and that to in the term.

Apart from the conflicts, the book surveys and refers to the relevant laws in the form of legislations in this regard and also proposes a host of legal reforms, both substantive and procedural in nature, to protect the tribals from losing their identity and to prevent gross violation of human rights and ultimately their indigenous existence.

The various judicial determinations outside the ambit of colonial precedents shall also be an interesting aspect to research upon. How the judiciary in the garb of judicial activism is upholding the principles of human rights will be dealt with accordingly. Various international conventions and declarations shall be analyzed as they are the creators of modern indigenous rights movement and would also be the future of these people.

The study should be a part of the critical legal studies and would also try to be a part of post modern jurisprudence. However bleak the situation may be for the tribals and indigenous peoples of the world, there is ample scope for their survival and true development in the era of human rights where human life and dignity reigns supreme.

PREFACE

At the very outset, I would like to thank Professor (Dr.) Rathin Bandyopadhyay, Head, Department of Law and former Head, Department of Management, University of North Bengal for being a friend, philosopher and guide.

I would also take this opportunity to thank everyone from the Department of Law, University of North Bengal for their help. Special credit must go to Dr. Rajendra Dhar Dubey, Dr. Kaushik Ghosh of the Department of Political Science, Bankura University and Dr. Rudranil Chatterjee, for accompanying me in my empirical research at Bankura and Totopara respectively.

I would also like to convey my sincere regards to Dr. Michael Sandel of Harvard University, Professor Robert Miller, Sandra Day O’Connor College of Law, Arizona State University, Late Dr. Clarence J. Dias, Former President of the International Centre for Law in Development, New York and IFS Mr Subhas Mukherjee. I must convey my sincere regards to Mr. Martyn Brown, David Roe from Melbourne, Australia and Dr. Debal Deb, (known as the Seed Man of India) an eminent researcher on indigenous plant varieties, showing me the true picture of tribals and indigenous peoples in Australia and India respectively.

The little knowledge I have been able to acquire in this life so far is all because of my father, Mr. Debi Prasad Chakrabarti, FCA who has been my motivation all throughout and my mother Mrs. Shefali Chakrabarti whose efforts made me what I am today. It was them who stood by my side to overcome all odds of life. Without their blessings this day would never have come. Thanks to my Father-in-Law, Late Buddhadeb Guha Roy for his inspiration.

This book would not have been complete unless my beloved wife Nabaneeta would have taken all the burden and responsibility of our two children Aanandee and Aarya on her shoulders singlehandedly and pursuaded me in every possible way to complete this work with perfection and peace of mind. I also acknowledge the co-operation and help on the part of my in-laws and all near and dear relatives including my sister Mrs Gargi Mukherjee and sister-in-law Ms Kamalika Guha Roy. Special credit must also go to Advocate Tanusree Nag for her contribution. I must convey my regards to Professor Tilak Nath Roy and Late Professor Debotosh Haldar of Surendranath Law College, Kolkata, Prof (Dr) Dhrubyajyoti Chattopadhyay, Hon’ble Vice Chancellor Amity University Kolkata, Prof (Dr) Manik Chakraborty, Advisor, Amity Law School, Prof (Dr) Sachi Chakraborty, Head, Department of Law, Calcutta University and Prof (Dr) Nirmal Kanti Chakraborty, Director, KIIT Law School, for their invaluable contribution in my life.

CONTENTS

Foreword

Abstract

Preface

Table Of Cases

Table Of Statutes

Abbreviations

Introduction

CHAPTER 1.  RIGHTS OF TRIBAL PEOPLES: A CONCEPTUAL AND HISTORICAL PERSPECTIVE

An Overview

1.1. Tribe: A Conceptual Understanding

1.1.1. Nomenclature

1.1.2. Constitutional Interpretation.

1.1.3. Sociological, Political And Anthropological Interpretations.

1.1.4. Colonial Interpretation

1.1.5. Features Of Tribes

1.2. Reviewing The Tribes In India

1.2.1. Problems In Nomenclature

1.2.2. Reference In Epics.

1.2.3. Reference In Smritis And Sutras.

1.3. Invasions In India And Tribal Confrontation

1.3.1. Various Major Invasions In A Nutshell

1.3.2. Tribal Movements

1.4. Colonial Period And Tribes

1.4.1. Colonial Period Laws And Tribals

1.4.2. Post-Colonial Period And Tribals In India

1.5. Caste And Tribes: Relationship

1.5.1. Castes

1.5.2. Classification Of Castes

1.5.3. Tribal-Caste Continuum

1.6. Tribes In India: Classification

1.6.1. Traits Of Indian Tribes

1.6.1.1. Dravidian

1.6.1.2. Protoaustraloid

1.6.1.3. Mongoloid Element

1.6.1.4. Caucasoid

1.6.2. Major Language Families In India.

1.6.2.1. Austro Asiatic

1.6.2.2. Tibeto-Burman

1.6.2.3. Dravidian

1.6.2.4. Indo-Aryan

1.6.2.5. Andamanese

A Sum Up

CHAPTER 2.  CIVIL AND ECONOMIC RIGHTS OF TRIBALS: THE INTERNATIONAL PERSPECTIVE

An Overview

2.1. The Concept Of Indigenous And Tribal Peoples Under International Law

2.2. Indigenous Communities Of The World

2.2.1. Latin America

2.2.2. Africa

2.2.3. Australia (Oceania/Pacific)

2.2.4. Hawaii (Oceania/Pacific)

2.2.5. Bougainville (Oceania/Pacific)

2.2.6. Arctic

2.2.7. Asia

2.3. Categories Of International Movements

2.4. Rights Of Indigenous Peoples

2.4.1. Land And Resources

2.4.2. Culture, Religion And Language

2.4.3. Citizenship

2.4.4. Self Determination

2.4.5. Human Rights

2.4.6. Consultation And Participation

2.4.7. Health

2.4.8. Economy, Education And Intellectual Property Rights

A Sum Up

CHAPTER 3.  CIVIL AND ECONOMIC RIGHTS OF TRIBALS: THE INDIAN PERSPECTIVE

An Overview

3.1 Indian Political Division

3.1.1 Various Political Divisions Of The Country And Tribal Existence

3.1.2 Ethnic Groups And Tribal Traits

3.1.2.1 Caste System In India And Its Origin

3.1.2.2 Communities In India And Tribal Existence

3.1.2.3 Traditional Occupational Groups

3.1.3 Marriage

3.1.4 Inbreeding In Indian Society And Tribal Dilution

3.1.5 Religious Groups And Tribal Religion In India

3.1.5.1 Hinduism And Tribals

3.1.5.2 Islam And Tribals

3.1.5.3 Influence Of Christianity On Tribals Of India

3.1.5.4 Buddhism And Tribes In The Northeast

1.1.1.5 Other Religious Aspects Of Tribals

3.1.6 Linguistic Groups In India And Tribal Languages

3.1.6.1 Classification Of Indian Languages

3.1.6.2 Linguistic Regions

3.1.7 Languages Specified In Schedule Viii To The Constitution Of India

3.2 Natural Regions Of India And Socio Economic Position Of Tribals

3.3. Historical Analysis And Racial Classification In India

3.3.1 Pre Historic And Historical Analysis Of India And Tribal Development

3.3.2 Historical Analysis Of India And Tribal Development.

3.3.2.1 Racial Classification And The Position Of Tribals In India.

A Sum Up

CHAPTER 4.  ROLE OF STATE LEGISLATIVE ORGANS IN THE PROTECTION OF CIVIL AND ECONOMIC RIGHTS OF TRIBALS IN INDIA

An Overview

4.1. Constitutional Guarantees For Tribes And Tribal Peoples

4.1.1. Equality And Non-Discrimination

4.1.2. Equality And Opportunity In Public Employment

4.1.3. Protection Against Untouchability

4.1.4 Other Fundamental Rights

4.1.5. Directive Principles Of State Policy And Rights Of Tribals

4.1.6. Constitutional Protection As To The Administration And Control Of Schedules Areas And Scheduled Tribes.

4.1.7. Right To Representation In The Legislative And Other Bodies

4.1.8. Agency For Monitoring Safeguards

4.2. Major Enactments Passed In India To Protect Civil And Economic Rights Of Tribals

4.2.1. The Schedules Caste And Scheduled Tribes (Prevention Of Atrocities) Act, 1989

4.2.1.1. Overview

4.2.1.2. Backdrop And Object Of The Act

4.2.1.3. Meaning Of Atrocity

4.2.1.4. Rights Guaranteed Under The Act

4.2.1.4.1. Right To Cast Vote And Access To Customary Right Of Passage And Clean Water

4.2.1.4.2. Right Against Exploitation

4.2.1.4.3. Right To Property

4.2.1.5. Efficacy Of The Rights Guaranteed Under This Act

4.2.2. The Protection Of Civil Rights Act, 1955

4.2.2.1. Overview:

4.2.2.2. Backdrop And Object Of The Act

4.2.2.3. Meaning Of Untouchability

4.2.2.4. The Protection Of Civil Rights Act, 1955

4.2.2.4.1. Right Against Religious Disabilities

4.2.2.4.2. Right Against Social Disabilities

4.2.2.5. Efficacy Of The Rights Guaranteed Under This Act

4.2.3. The Provisions Of The Panchayats (Extension To The Scheduled Areas) Act, 1996 (Pesa)

4.2.3.1. Overview

4.2.3.2. Backdrop And Object

4.2.3.3. Various Rights Guaranteed Under The Act

4.2.3.4. Efficacy Of The Act

4.2.4. The Scheduled Tribes And Other Forest Dwellers (Recognition Of Forest Rights) Act, 2006

4.2.4.1. Overview

4.2.4.2. Backdrop And Object Of The Act

4.2.4.3. The Forest Rights Act And The Rights Of Tribal Peoples

4.2.4.3.1. Title Rights

4.2.4.3.2. Right To Use

4.2.4.3.3. Management Rights

4.2.4.4. Efficacy Of The Rights Guaranteed Under This Act

4.3. Minor Enactments And Executive Functioning And Civil And Economic Rights Of Tribal Peoples

4.3.1. An Overview

4.3.2. Economic Rights

4.3.2.1. Nodal Agency Facilitating Tribal Economic Activities

4.3.2.2. Government Schemes Facilitating Tribal Economic Rights

4.3.2.3. National Rural Employment Guarantee Act, 2005

4.3.2.4. Distribution Of Ceiling Surplus Land

4.3.2.5. Legislations Protecting Against Land Alienation

4.3.2.6. National Mineral Policy, 1993 And The Tribes National Mineral Policy, 1993

4.3.2.7. National Policy On Resettlement And Rehabilitation, 2003

4.3.2.8. Scheme For Primitive Tribal Groups, 2008

4.3.2.9. The West Bengal Land Reforms Act 1955

4.3.3. Civil Rights

4.3.3.1. Criminal Tribes Act

4.3.3.2. Health

4.3.3.3. Educational Schemes For The Benefit Of Scheduled Tribe Students

A Sum Up

CHAPTER 5.  ROLE OF JUDICIARY IN PROTECTING THE CIVIL AND ECONOMIC RIGHTS OF TRIBALS IN INDIA

An Overview

5.1. The Principles Of Common Law

5.2. Constitutional Guarantees And Judicial Remedies

5.2.1. Pre Commencement Period

5.2.2. The Constitutional Provisions

5.3. Tribal Courts And Justice System

5.4. The Judicial Awakening

5.5. The Way Ahead

A Sum Up

CHAPTER 6.  CONCLUSION AND SUGGESTIONS

TABLE OF CASES

FOREIGN

A. AUSTRALIA

1. Gerhardy v. Brown

2. Mabo and Ors v Queensland

3. Milirrpum & Ors’ v Nabalco Pry Ltd.

4. The Commonwealth of Australia v Yarmirr

B. UNITED STATES OF AMERICA

1. Bethany R. Berger, U.S. v. Lara as a Story of Native Agency

2. Brendale v. Confederated Tribes & Bands of the Yakima Indian Nations

3. Cherokee Nation v. Georgia

4. Cobell v. Norton

5. Duro v. Reina

6. In Ex Parte Crow Dog

7. In Re Snake River Basin Adjudication (Idaho) 

8. In Re Warm Springs Tribe Water Negotiations (D. Ore.) 

9. Inyo County v. Paiute-Shoshone Indians

10. Johnson and Graham’s Lessee v. McIntosh

11. Lone Wolf v. Hitchcock

12. Maynard v. Narrangansett Indian Tribe

13. McClanahan v. Arizona State Tax Commission

14. Montana v. United States

15. Oliphant v. Schlie

16. Oliphant v. Suquamish Indian Tribe

17. Seminole Nation v. United States

18. Teague v. Bad River Band

19. U.S. v. Kagama

20. U.S. v. Sandoval

21. United States v. Holiday

22. United States v. Washington Department of Ecology (Lummi)

23. Williams v. Lee

24. Worcester v. Georgia

A. SOUTH AFRICA

1. Administration of Papua v. Dera Guba

2. Booi v. Xozwa

3. Coe v. Commonwealth

4. Daniels v. Campbell and Ors

5. Hlope v. Mahlalela

6. Madlokovu Ngidi v.Thandiwe Ngidi (Qadi Tribal Court)

7. Marshall v. Chaka

8. Mgedezi v. Bontsa & Another

9. Rayneth v. S

10. Richtersveld’, South Africa, 2003

11. S v. Moodie

12. Tradax Ocean Transportation SA v. MV Silvergate

13. Yako v. Beyi

B. CANADA

1. Calder et al. v. Attorney-General for British Columbia

2. ‘Delgamuukw’, Canada, 1997

C. INDIA

1. A.R. Antulay v. R.S. Nayak

2. Administrator-General of Madras v. Anandachari

3. Amrendra Pratap Singh v. Tej Bahadur Prajapati

4. B. Basavalingappa v. D. Munichinnappa

5. Banwasi Seva Ashram v. The State of U.P

6. Bhaiyalal v. Harikishan Singh

7. Bipinchandra Diwan vs. State of Gujarat

8. C.M. Arumugam V. S. Rajgopal and ors

9. Chatturbhuj Vithaldas Jasani v. Moreshwar Parashram

10. Comptroller And Auditor General v. K.S. Jagannathan & Another

11. Coopoosami Chetty v. Duraisami Chetty

12. Dahanu Taluka Environment Protection Group v. Bombay Suburban Electric Supply Ltd

13. Dattu s/o Namdev Thakur v. State of Maharashtra & Ors

14. Durgaprasada Rao v. Sudarsanaswami

15. Dy. Collector vs. S. Venkataramaniah

16. Fatesang Gimba Vasava v. State of Gujrat

17. G. Michael v. S. Venkateswaran

18. Gurusami Nadar v. Irulappa Konar

19. Indra Sawhney etc v. Union Of India And Ors

20. K.P. Manu v. Chairman, Scrutiny Committee for Verification of Community Certificate

21. Kailash Sonkar v. Maya Devi

22. Kodikunnil Suresh @ J. Monian v. N.S. Saji Kumar & Ors

23. Kumari Madhuri Patel v. Addl. Commissioner, Tribal Development

24. Lingappa Pochanna v. State of Maharastra

25. M/S. Indian Wood Products Co. Ltd. v. State of U.P. and Another

26. Madan Lal & Ors v. The State of Jammu & Kashmir And Ors

27. Mahadeo and Ors v. State of Maharashtra and Ors

28. Muthusami v. Masilamani

29. N.D.Jayal vs Union of India

30. N.E. Horo v. Jahanara Jaipal Singh

31. Nandini Sundar & Ors v. State of Chattisgarh

32. Narmada Bachao Aandolan v. Union of India and Ors

33. NCERT vs State of Arunachal Pradesh

34. Olga Telis Vs Bombay Municipal Corporation

35. P. Rami Reddy Vs. The State of Andhra Pradesh

36. Perumal Nadar v. Ponnuswami

37. Prem Sankar Sukla v. Delhi Administration

38. Puneet Rai v. Dinesh Chaudhary

39. Rajagopal v. Armugam

40. Rajeshwar Baburao Bone v. The State of Maharashtra and Another (Civil Appeal)

41. Rameshbhai Dabhai Naika v. State of Gujarat & Ors

42. S P Gupta v. Union of India

43. S. Anbalagan v. B. Devarajan and ors

44. S. Swvigaradoss v. Zonal Manager, F.C.I

45. Samantha v. State of Andhra Pradesh

46. Sanjay Lodha vs State of Jharkhand and Ors

47. Shalini v. New English High School Association & Ors

48. Sheela Barse v. Secy., Children’s Aid Society

49. Siddharam Satlingappa Mhetre v. State of Maharashtra

50. Sri Machegowda v. State of Karnataka

51. Srish Kumar Choudury v. State of Tripura

52. State Of Kerala & Another v. N. M. Thomas & Ors

53. State of Kerala & Another. v. Chandramohanan

54. State of M.P. and Another v. Ram Kishna Balothia and Another

55. State of Madras v. Champakam Dorairajan

56. State of Orissa v. Ram Bahadur Thapa

57. Suresh Lohia v. State of Maharastra

58. T.N. Godavarman Thirumalpad v. Union of India & Ors

59. The Principal Guntur Medical College, Guntur & Ors. v. Y. Mohan Rao

60. Tuka Ram and Another. v. State Of Maharashtra (Mathura Rape Case)

61. Union of India and Another v. Kunisetty Satyanarayana

62. Union of India and Ors v. R.P. Singh

63. Union of India v. Abdul Jalil

64. Union of India v. Raghubir Singh

65. Vishakha and Ors v. State of Rajasthan

66. Young v. Bristol Aeroplane Co. Ltd

TABLE OF STATUTES

A. INDIAN STATUTES

1. Abolition of Zamindari Act, 1950

2. Agency Tracts Interest and Land Transfer Act, 1917

3. Chhota Nagpur Tenancy Act, 1924

4. Criminal Tribes Act, 1924

5. Forest Rights Act, 2006

6. Gram Nyayalayas Act, 2008

7. Indian Forest Act, 1927

8. Indian Penal Code, 1860

9. Indian Succession Act, 1925

10. Land Acquisition Act, 1894

11. Land Acquisition (Amendment and Validation) Act, 1967

12. Prisoners Act, 1908

13. Representation of People Act, 1950

14. Santhal Parghanas Tenancy Act, 1854,

15. The Code of Civil Procedure, 1908

16. The Code of Criminal Procedure, 1973

17. The Constitution of India, 1950

18. The Constitution (Eighty-Ninth Amendment) Act, 2003

19. The Indian Easement Act, 1882

20. The Indian Evidence Act, 1872

21. The Limitation Act, 1963

22. The Orissa Gram Panchayat (Amendment) Act, 1997

23. The Panchayat (Extension to the Scheduled Areas) Act, 1996

24. The Protection of Civil Rights Act, 1955

25. The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996

26. The Indian Registration Act, 1908

27. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

28. The Scheduled Castes and Scheduled Tribes (Identification) Act, 1994

29. The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976

30. Untouchability (Offences) Amendment and Miscellaneous Provisions Act, 1976

31. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

32. The Explosives Act, 1884

33. The West Bengal Land Reforms Act, 1955

34. Tripura Land Revenue and Land Reforms Act, 1960

35. West Bengal Premises Tenancy Act,1957

36. West Bengal Premises Tenancy Act,1997

37. The Protection of Human Rights Act, 1993

38. The Wildlife Protection Act, 1972

39. The Manipur Land Revenue & Land Reform Act, 1960

40. The Manipur (Village Authority in Hill Areas) Act, 1956

41. Representation of the People Act, 1951

42. Naga Hills Tuensangs Area Act, 1957

43. Government of India Act, 1919

44. The Scheduled Districts Act, XIV of 1874

B. FOREIGN STATUTES

1. Australian Constitution

2. Racial Discrimination Act, 1975 (Australia)

3. Constitution of the United States of America

4. Indian Reorganization Act, 1934

5. Public Law 280, 1953

6. The General Allotment Act (Dawes Act), 1887

C. INTERNATIONAL INSTRUMENTS

1. Indigenous and Tribal peoples Convention, 1989

2. Indigenous and Tribal Population Convention, 1957

3. The General Conference of the International Labour Organization:

4. The UN Declaration on the Elimination of All Forms of Racial Discrimination, 1969

5. The Universal Declaration of Human Rights.

6. UN Declaration on the Rights of Indigenous peoples.

7. International Covenant on Civil and Political Rights, 1966

8. International Covenant on Economic Social and Cultural Rights, 1966

ABBREVIATIONS

INTRODUCTION

There has been a plethora of laws made by some people of the world for the ors with little knowledge of the beneficiaries. The former thought that they are superior, rightly in the position of making laws in the form of rules and regulations. They assume rights upon themselves to decide who their subjects are, with no respect and honour for those millions. This is the story of the modern legal history of tribals and indigenous peoples across the world. Such application of laws and enactments in force has successfully left majority of these people homeless with no livelihood and sustainability. Their futile resistance turned and proved to be wrong and suppressed with much vigour and power. The modern advocates are supposed to plead these laws as true and basic for the development of modern civilization. Those would be termed terrorists or to the least as criminals, under these laws, who would try to explain the true story of hypocrisy and fraud that has been continuously played by those men in power. However, in the later part of the 20th Century, various Indigenous movements have to a great extent materialised forcing various changes and shifting of power from colonial laws to those uplifting human rights and rule of law in the true sense of the term. The contribution of the UNO and its various organs are indispensible as they have played a vital role in making a substantial change in the laws of the tribal and indigenous communities in the later years. The Supreme Court at times has also come to their rescue in many important and critical cases. The most important of the various rights that needs immediate protection by various domestic laws today are those relating to the economic and social aspects of these people. The author and this book would make an effort towards this end with the vision of uplifting the human rights of the tribals and indigenous peoples in existence in India with special reference to the state of West Bengal where an empirical study has been conducted unearthing interesting facts. Therefore, the economic and social rights of the tribal and indigenous communities must be protected in India with the incorporation of new laws which will be in tune with and also in furtherance of the human rights movements across the world.

Tribes and tribal peoples are to be found in every part of the world as well as in every state of our country. Even when their number is not dangerously decreasing, their culture and indigenous knowledge are. The causes and consequences of such decline depend upon various socio economic factors as well as the political intent of the government and their various national and international policies. It also depends upon the steps taken by the various governments with the objective of protecting these least developed sections of our society. There have been many factors, general and specific that has caused great impact and turbulence to the tribal communities of different countries including that of ours. Some of the major factors being inter alia, exploitation, drainage of wealth, neglect. There have been instances of mass destruction in the veil of development. It is those developmental projects, which is one of the primary reasons behind the elimination, eradication and displacement of thousands of members of indigenous communities in India.

These people for ages have been considered to be having very limited potential of contributing towards national income or towards social upliftment of the country. Even the projects and proposals for their improvement were intended to provide them some institutional care, medical support or providing financial assistance. However, these measures virtually backfired leading to greater isolation and making them even more vulnerable to the issues relating to human rights violation.

The problems in respect of tribals are aplenty. Majority of them emanates from the so called symbolization of tribals as undeveloped and uncivilised. This