Legal Strategies For Defending Indigenous Land Rights In India: Successes, Challenges, And Pathways Forward

Dr. Shikha Dubey, Indore Institute of Law, Anjali Dubey, Indore Institute of Law

ABSTRACT:

This paper intricately examines the complex dynamics surrounding Indigenous land rights, economic interests, cultural preservation, and environmental sustainability, particularly within the context of the natural resource industry. It illuminates the enduring traditions and unique ways in which Indigenous Peoples worldwide interact with their environments, underscoring the significance of these practices in shaping their identities and livelihoods. Through an in-depth analysis of international treaties, agreements, case studies, and empirical research, the study elucidates the economic implications of Indigenous land rights and the diverse impacts of resource extraction on social structures and cultural heritage. Moreover, the paper scrutinizes the legal strategies employed by indigenous communities in India to assert their land rights amidst encroachments, development projects, and governmental policies. It highlights the pivotal roles played by litigation, public interest litigation (PIL), and advocacy for policy reforms in this endeavour. By conducting a comprehensive assessment, the study evaluates the successes, challenges, and limitations associated with these legal mechanisms, offering nuanced insights into the intricate dynamics at play. The research not only examines the economic ramifications of Indigenous land rights but also delves into the broader social and cultural implications of resource extraction on indigenous communities. It explores how these activities can either contribute to the preservation of traditional knowledge and practices or pose significant threats to their survival and well- being. Through the analysis of case studies and empirical evidence, the study underscores the urgent need to address these challenges in a holistic manner, balancing economic development with cultural preservation and environmental sustainability.