Tribal Rights Research Articles

From ban to brand—Changing scenario of Mahua (Madhuca longifolia, Madhuca indica) in India and become the fulcrum for tribal communities

<p>Mahua is undergoing a rebranding, but India needs legislation to safeguard tribal rights. Mahua is entwined with the tribal world, yet incorrect colonial ideas about it as a toxic, lowly beverage still plague it. Mahua has a close relationship with Gond, Santhal, Baiga, Munda, Ho, Orao, and all other communities dispersed across at least 12 states. For instance, the social rites of Tonda (birth), Manda (marriage), and Konda (death) for a Gondi Adivasi would end in the absence of mahua. Mahua brewing was merely one more duty in an indigenous family’s home until the late 1800s. The British Raj considered this to be an unexplored source of income. With a series of laws, including the Bombay Abkari Act of 1878, the Mhowra Act of 1878, 1892, the Madhya Pradesh Excise Act of 1915, the Bihar and Orissa Excise Act of 1915, and the Government of India Act of 1935, they outlawed not only the production of mahua but also the gathering and storing of mahua flowers. They considered it a low-quality toxicant and labelled it as a threat to public health and morality. As a result, they could regulate the production of regional spirits and made money from the importation of alcohol from Germany and Britain. Following India’s independence, regulations changed but not entirely. Mahua and tribal people were affected by laws such as the Bombay Mahua Flower Rules of 1950, the Bihar Prohibition and Excise Act of 2016, the PESA of 1996, the Forest Right Act of 2006, and total prohibition, which included mahua distillation, which was enforced in Gujarat and Wardha in 1960. The average family in the Indian states of Maharashtra, Madhya Pradesh, and Jharkhand will make 10.5 K, 16.4 K, and 15.75 K ₹ annually. Mahua is included in the minimum Support Price by the Indian government. Mahua has an estimated potential production of 1.5 lakh MTs, valued at 122 ₹ Cr, in India; however, only 1.0 lakh MTs, valued at 81 ₹ Cr, are expected to be collected annually. Though there is a 1.63 lakh job potential, just 28.6 K, or 17.5%, of Indians are employed. Mahua appears to be gradually reclaiming its space after going extinct for decades. The British Raj previously outlawed mahua; today, it is one of India’s most prestigious brands, sold all over the world.</p>

Judiciary: The Protector of the Tribal Rights

Since its emergence after independence, the judiciary has played the role of protector of the Constitution. The framers of the Constitution have also made provision for the judiciary to discharge this role through various writs under Articles 32 and 226. To protect, promote and preserve the rights of the tribal communities various provisions are enacted in the Indian Constitution. The development of tools like Public Interest Litigation (PIL) by the judiciary in the late 70s has significantly contributed to the protection of public interests. In protecting the constitutional and fundamental rights of the helpless, deprived and displaced tribals, the judiciary has interpreted the constitution's right to equality under Article 14-18, right to liberty and livelihood under Article 19, right to life under Article 21, right to religious freedom under Article 25-28 etc. according to the times and circumstances. Through judicial activism and public interest litigation, the judiciary has provided justice to all the underprivileged, exploited, victims and poor of the country who did not have access to the courts. According to the 2011 census, there are about 8% tribal communities in the country. This community is not only uneducated but also an economically weaker section of the society. Most importantly, this tribal community is also the most affected by liberalisation and developmental works. Governments not only displace this community to exploit natural resources but in many cases neglect to allocate compensation. There are many cases where even after decades, the work of rehabilitation and resettlement has not been completed. In such cases, it is only due to the intervention of the judiciary that the deprived and displaced people can get justice. In many cases, after the decision of the judiciary, the development projects have been stopped and the rehabilitation works of the displaced people have been completed. Due to the socio-economic, cultural and political marginalisation of the tribal communities, the Judiciary has adopted a positive approach towards these people while delivering the judgement according to the provisions made in the constitution. In this research paper, I will look into the cases related to the tribals with non-tribals, civil society organisations, the state which are called in the context while dealing with the tensions and conflicts by the judiciary in its judgements in the tribal areas.

Introspecting on Adivasi Rights: A Critique of C K Janu’s Autobiography Mother Forest: The Unfinished Story of C K Janu

Mother Forest: The Unfinished Story of C.K Janu (2003) is an autobiography of C.K Janu, a tribal rights activist from Kerala. The paper examines how Janu narrates the essence of the tribal culture and its shared sense of mutuality with the environment. Describing the enriched experiences of the tribal society, achieved through ecological practices, Janu focuses on the fact that the tribal society maintains an inherent relationship with the forest. The indigenous philosophy of life and its impact on the sustenance of forest terrains, is highlighted in the narrative. The paper also examines the politics of power while analyzing Janu’s role as an activist for tribal land rights. The insensitivity of the system towards tribal culture and tribal land rights is critiqued against the backdrop of contemporary and contentious socio-political scenario.

FERC, hydropower, and tribal rights: Confrontations at the Little Colorado River

The Federal Energy Regulatory Commission (FERC) is well positioned to help advance the United States' clean energy transition through their management of energy projects. One obstacle to achieving the transition is meaningful consultation with Tribal Nations. Following decades of conflict between tribes and FERC regarding infrastructure development, the agency issued a "policy statement on consultation with Indian tribes" in 2003. The Policy acknowledges FERC's trust responsibility to tribes and seeks to work on a "government to government" basis with them, and recent amendments explicitly incorporate treaty rights into FERC's decision-making processes. Despite these interventions, tensions between FERC and tribes continue over the persistent lack of consultation and omission of government-to-government discussions regarding proposed hydropower. In this article, we question the application of FERC's decision-making powers as they intersect with tribal sovereignty via a discourse analysis of 'consultation.' The article applies an ethnographic perspective to explore the 'political' in political ecology and assess FERC's role in licensing the Big Canyon project, a proposed closed-looped pump hydropower project in Navajo Nation in Arizona. The project was proposed in 2020 without adequate consultation with the affected Diné peoples, illuminating significant gaps between FERC's stated policy on consultation and its operationalization. Compounding the situation further, the Big Canyon project would exacerbate human-water relationships by diminishing groundwaters in an area already facing aridification, thereby challenging the health of springs that feed the Little Colorado River, provide habitat for protected species, and are sacred to many Indigenous peoples. Studying the intersection of tribal rights and FERC presents a critical juncture for assessing the underlying power dynamics of decision-making processes regarding pumped storage hydropower in the United States, within the broad context of a clean energy transition. 

Weaponizing settler slogans to mandate colonial school policy in the Americas: Transformation through Indigenous futurity

The topic of this academic review is settler slogans that mandate colonial school policy in North America. Also discussed is Indigenous futurity as a strategy for transforming education and countering the educational harm that comes from weaponized language. Beginning in 1887, the US federal government authorized colonial schooling, using the dangerous educational cliché “Kill the Indian in him, and save the man.” The purpose of this article was to illuminate this weaponizing rhetoric in education, which served as a guiding principle for imposing Indigenous assimilation that manifested as federal policy in the Americas. Research questions were, How did the kill-and-save slogan shape US and Canadian education and policy? How can the concept of Indigenous futurity improve Indigenous education? Colonial settler efforts to control tribal nations with weaponizing rhetoric leveled at education policy, public perception,and compulsory boarding/residential schools are exposed. Peer-reviewed studies were read, with analysis of 51 sources, many authored by Indigenous academics. Resultant cultural genocide, systemic discrimination, and educational disparity are described. Indigenous resistance to settler ideologies, policies, and settlements, as well as assertions of tribal rights, freedom, and sovereignty, reflect patterns in the material analyzed. Modern-day empowerment of society’s most vulnerable ethnic group requires a deep rethinking of schooling processes. Debunking settler futurity, the lesser-known Indigenous view of futurity looks to sustaining Indigenous communities and calls on society for amends.

Role of Panchayati Raj Institution and Tribal Rights in Forest Resources Management: A Study of Mayurbhanj District of Odisha

Most tribal people have been living in forest areas but do not officially permit rights to their homes, lands and livelihoods. India is the land of tribes, constituting 8.6% of its population. Tribes have been closely related to the forest, and their life and livelihood depend on the availability of forest resources in India. Forest ecosystems are crucial for biodiversity, watershed protection and the livelihood of indigenous communities. In Odisha, the forest has become and is considered a potential natural resource. Forests have been interdependent and interrelated for the tribal people in Odisha for generations. According to the well-being of the tribal people, they have depended on their habits, culture and style of life in the forests through separable entities like forest and tribal culture. Everything in the forest has been fulfilled, including social, economic, cultural, religious and medicinal needs, which the forest dwellers require. Aside from the aspects mentioned above, the study investigates the role of Panchayati Raj institutions in managing forest resources for the benefit of tribal people. It focuses on the tribe members’ level of awareness following the passage of the Panchayat Extension to the Scheduled Area Act.

Electric School Bus Initiative Advocacy Stakeholder Analysis: A Baseline Report

This working paper focuses on the baseline advocacy stakeholder analysis of U.S.-based environmental, health, disability, and tribal rights and justice representatives. The publication provides highlights from stakeholder interviews, discusses insights from those interviews and provides recommendations to guide the next stages of the Electric School Bus Initiative's work.

Reading Mahasweta Devi’s Aranyer Adhikar Ecocritically

The novel Aranyer Adhikar by Mahasweta Devi is well-known due to its highbrow status of ecological consciousness. This study tries to scrutinize the novel Aranyer Adhikar from an ecocritical perspective. The researcher has deployed a close textual analysis approach to conduct this qualitative study. This novel incorporates and highlights the political struggles of the “de-notified” Munda tribes of India based on ecology. Ecocriticism challenges the anthropocentric attitude of human beings. The Indian Munda tribes relinquish their land due to the anthropocentric attitude of the colonizers and the local authorities. They have suffered environmental ruination as a consequence of colonial violence and exploitation. Moreover, the tribals face the threat of losing the traditional household wisdom of living pleasantly with nature. Additionally, in Aranyer Adhikar, Devi brings out the sufferings of the different tribes, such as Kol and Santhals, who have been socio-politically pauperized by the loss of forest land. It can be pointed out that Aranyer Adhikar is about striving for the social, economic and political freedom of the different tribes in India. Substantially, Mahasweta Devi records the “voices of tribal history” and offers “striking narratives” of the tribal rights over the forest

Development-Induced Displacement in India and the Tribal Rights: A Quest for Social Justice

Human population displacement from natural environments has a variety of socio-economic consequences. Displacement induced by larger projects has resulted in a transfer of resources from the marginalized to the more privileged sections of society in India’s development paradigm. Mega Projects like dams, Infrastructure, and Industries, in particular, subject certain sections of society and make them sufferers of development, primarily tribals who never receive the benefits of this kind of economic development. It would be apt to generalize that the size of the development project is directly proportional to its impact on tribals. Development initiatives have disproportionately impacted tribal people. This article aims to delve deeper into the impact of displacement on tribal communities’ livelihoods. It will identify the most pressing issues they confront due to development-induced displacement and rehabilitation. A study by the Centre for Policy Research concerning land rights reflects that nearly 55% of people have been displaced, citing reasons for developing industrial projects and dam building since independence. A detailed literature review was done by using major database like Scopus, Web of Science, and Google Scholar.

Pinah Laman: The Construction of Religious and Ethnic Identity Within the Mentuka Dayak of West Kalimantan

For the Mentuka Dayak tribe, Pinah Laman is a change in ethnic and religious identity. Pinah Laman in the Mentuka Dayak community is perceived as a cultural space for community members who convert to a particular religion. Generally, religious conversion occurs in this society from Catholicism to Islam. The new identity is given by the term ‘Sinan.’ But on the other hand, the Sinan identity has its own meaning. Sinan is a new identity given to those who have converted to another religion. Because of this Pinah Laman custom, they do not get their tribal rights, such as: performing the Mentuka Dayak traditional ceremonies. This article aims to explore the construction of a new identity from the construction process of religious identity, which involves custom. In addition, this article also explains the form of religious identity construction that occurs among the Mentuka Dayak tribe and the new converts who experience it. Religious conversion is inseparable from the driving factors for the emergence of a new identity and the implications of constructing a new identity due to the conversion process. This article was compiled from the results of research using the ethnographic method. The results of this research show that Pinah Laman is a conversion process of a Christian or Catholic Dayak to Islam. This impacts the social sanctions one receives from one’s social group. For the Mentuka Dayak people, when someone decides to change his religion, he must be willing to give up his Dayak ethnicity. One of the social effects felt by a new convert in the Dayak tribe is that he will be given a nickname or term ‘Sinan.’ Based on the results of this research, the term Sinan has a negative connotation. This is because those who change their religion are ultimately not given the freedom to practice Dayak customs as usual.

INDIAN FOREST ACT AND IT'S RELEVANCE AND SIGNIFICANCE FROM MULTIPLE PERSPECTIVES

The role of forests in providing ecological, economic, and social benefits is well-established. In India, the Indian Forest Act, 1927, has been a key legislation for forest management, but it has faced challenges in recognizing tribal rights, promoting community participation, and aligning with contemporary conservation principles. The act's future relevance and effectiveness can be enhanced through modifications that reinforce community rights, promote sustainable forest management, and integrate climate change considerations. Forests in the Indian Himalayan Region are particularly important for their environmental benefits, and there is a need for a paradigm shift in forestry research to address stakeholder needs. Forests in India play a vital role in the socio-economic development of the country, and their conservation and management are essential. Forest management is crucial for maintaining conservation values, and the ecosystem services provided by forests are diverse and essential.

INDIAN FOREST ACT AND IT'S RELEVANCE AND SIGNIFICANCE FROM MULTIPLE PERSPECTIVES

The role of forests in providing ecological, economic, and social benefits is well-established. In India, the Indian Forest Act, 1927, has been a key legislation for forest management, but it has faced challenges in recognizing tribal rights, promoting community participation, and aligning with contemporary conservation principles. The act's future relevance and effectiveness can be enhanced through modifications that reinforce community rights, promote sustainable forest management, and integrate climate change considerations. Forests in the Indian Himalayan Region are particularly important for their environmental benefits, and there is a need for a paradigm shift in forestry research to address stakeholder needs. Forests in India play a vital role in the socio-economic development of the country, and their conservation and management are essential. Forest management is crucial for maintaining conservation values, and the ecosystem services provided by forests are diverse and essential.

Tribal Rights in the Novel Uyarathin Thalvukal (Lows of Elevation)

Human rights are great. To make man live as a human being. It is common to all, regardless of country, race, language, or religion. The United Nations organization and the Constitution of India have taken various initiatives to protect these human rights. However, it can be seen here and there that the dominant class finds pleasure in suppressing the poor and exploiting their labour. The poor, who live in ignorance and fear, are subservient to the dominant class without even being aware of their rights. The only category of such simple people is the tribals living in the hills. Since neither the government's help nor the welfare schemes have reached these people, they are living in a very lower position than the common poor living on the plains. In his novel "Uyarathin Thalvukal", Su.Samudram has recorded the lives of Malayalis, the tribals living in the Kalvarayan Hills. This novel emphasizes that even though they live in the high mountains, their lives are at a very low level without any rights. The essence of their labour is absorbed into the luxurious life of the Jagirs living on the plains. Their lives were ruined by exorbitant taxation and harsh punishments. When they are freed from the Jagirs, their lives are filled with misery by the forest officials. The women of the Kalvarayan hills fall prey to the physical hunger of the dominant class. The purpose of this article is to examine and highlight the rights that have been violated in the lives of these people who have no food to eat and who do not have proper treatment for their ailments through the novel "Lows of Elevation".

Protection of plant varieties

A group of people dwelling within a common territorial boundary having common ancestors and mores, believing in common morals, distinct of other similar groups which existed even before the concept of nation states is viewed as Tribe. More often the tribes and tribal are discussed with an attitude of holier than thou approach of regulating deforestations, tribal rights, ownership of tribal lands and what not but the question always persist; are we honest to ourselves when we argue on these. The tribal rights include ownership over both the land and the cherished biodiversity. The statutory provisions are in place for the protection of extant varieties of plants; those existing in the nature, whose ownership lies with the indigenous people which includes their beneficial usages which come as something which may be termed as traditional wisdom. The rapid deforestation is not only endangering the flora, diminishing the genome treasure and even bringing an end to the tribal. In this research paper an attempt is made to critically appreciate the statutory provisions related to the protection of extant varieties of plants and to find out the measures which may be taken for achieving the legislative intent.

IMPACT OF MINING ON TRIBAL LIVELIHOOD: COMPARATIVE STUDY OF KEONJHAR AND KALAHANDI DISTRICTS

Keonjhar and Kalahandi districts fall under the purview of the Fifth Schedule of the Indian Constitution which entitles ownership right to tribal over their natural resources. It also ensures tribal rights to maintain their unique culture and language. In the Keonjhar district, mining has been carried out with remarkable speed for the longest period of time. It has been contributing immensely to the state's mineral output. But the district remained one of the poorest regions in Odisha and has maximum people living under high BPL (below the poverty line). Still, there have been no successful antimining protests taking place here. On the other hand, the Kalahandi district witnessed an organised successful protest by the Kondh tribes in opposing the Vedanta plan of extracting minerals from Niyamagiri mountain. The comparison is an attempt to explore diverse linkages of the impact of mining on tribal livelihood.

Stop drinking the waipiro! A critique of the government's ‘why’ behind Te Mana o te Wai

Stop drinking the waipiro! A critique of the government's ‘why’ behind Te Mana o te Wai

Life of Tribals during COVID-19 times

This paper, drawing on secondary sources and extensive fieldwork, grapples with the implications of lockdown for the tribal economy of Odisha. .Minor forest produce (MFP) is a critical component of the tribal economy in Odisha. COVID-19 and subsequent mitigation measures such as lockdown and restriction on movement coincided with the peak season for gathering of MFP. Lockdown, by disrupting collection and trading of MFP, has severely affected the livelihood base of the tribal people and other forest dwellers. Governments at the Centre and state have taken up several measures to deal with this difficult situation. Governments exempted work under Mahatma Gandhi National Rural Employment Act (MGNREGA) and collection of MFP during the second phase of lockdown. However, distress sale of MFP and loss of income have emerged as major concerns due to delay in policy decisions. Reverse migration of laborers to tribal villages poses the new challenge to state’s preparedness. At a broader level, the current crisis situation reminds us to seriously think in the direction of implementing tribal rights over forest and forest produce.

Adequacy of Indian Constitution in Protection of Tribal Rights

Adequacy of Indian Constitution in Protection of Tribal Rights

Tribal Land Rights: A Situational Analysis in the Context of West Bengal

Tribal communities in India are most deprived. Socio-economically, they are poor and marginalised. The root cause of socio-economic marginalisation can be attributed to alienation of tribal people from their land, territory and resources. The overall situation of the tribal population of West Bengal is not better than the national average, even more deprived than the tribal population of other states. Despite progressive land reform laws and political commitment to implement such laws, issues of tribal land rights have not been addressed adequately. There is no such exclusive study to understand the situation of tribal land rights in the state of West Bengal. This article analyses the status of tribal land rights in the state context and makes some suggestions for improving the situation. It is found that despite distribution of land titles, a large section of the tribal population remains landless. A sizable portion has not received received record-of-rights. Claims of many tribal people for forest patta remain pending or stand rejected. Tribal land alienation continues to be a matter of concern. The state has not taken any concrete steps for the restoration of unlawfully alienated tribal lands. A large section of the tribal sharecroppers in the state remain unrecorded.

Constitutional Provisions of Tribal Rights and Statutory Institutions

The founding fathers of the constitution including Bharat Ratna Dr. Babasaheb Ambedkar were aware of the political, social, and economic inequalities, which existed in the country due to historical reasons. They were aware of the prevailing miserable and appalling conditions of the Scheduled Tribes who had remained far behind and segregated from national life. It became imperative, therefore, to adopt a policy of protective discrimination as an equalizer to those who were too weak to compete with the advanced section of the society in the race of life. The constitutional provisions set forth a program for the reconstruction and transformation of Indian society of a firm commitment to raising the sunken status of the pathetically neglected and disadvantaged sections of our society. The provisions visualized by the founding fathers of our constitution reflected their anxiety and emotion to bring the poor tribals at par with the general social level and into the mainstream of Indian political and socio-economic life. This article analyses the legal protection afforded to the scheduled tribes in India by portraying the provisions pertaining to the recognition and protection of scheduled tribes embedded in the Constitution of India and by further analyzing the functioning of the institutional mechanisms provided therein. This article specifically explains what is called a ‘scheduled area’ and the criteria for declaring an area as a scheduled area. Further, it elaborates on the provisions of the fifth schedule and deals with its special provisions.