Navigating The Intersection Of Sovereignty And Humanity: International Jurisprudence On Indigenous And Migrant Rights In Assam
- IJLLR Journal
- 38 minutes ago
- 2 min read
Ms. Tonmoyee Duarah, LLM (Human Rights), AIALS, Amity University, Noida, Uttar Pradesh.
ABSTRACT
This article explores the intricate connection between Assamese regional law and international human rights law. Assam is molded by waves of migration, a patchwork of cultures, and tenacious struggles to preserve indigenous identities; it is more than just another Indian state. The stakes are high in this situation because authorities have to balance the fundamental rights owed to migrants with the collective rights of Assam’s “original inhabitants.” It’s a difficult balancing act.
Declaration on the Rights of Indigenous Peoples, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights. These tools have a real impact on how India’s constitution is understood; they are more than just lofty ideals. The Supreme Court of India has demonstrated extraordinary ingenuity by frequently citing Article 21 to protect livelihood and dignity by incorporating international standards into its rulings, despite the country’s formal separation of international law from domestic law.
The essay goes beyond legal philosophy. It delves into concepts like “progressive realization” and “meaningful participation”—doctrines that encourage inclusive and equitable policies. The premise is straightforward: everyone wins when Assam bases its policy on universal principles rather than caving in to transient political pressures. The only viable solution appears to be a rightsfocused strategy that recognizes both the collective land and cultural rights of indigenous people and just procedures for migration. This vision is the most promising approach to maintaining peace and upholding the dignity of every Assamese group that is at risk; it is not wishful thinking.
Keywords: International Human Rights Law, Assam, Indigenous Rights, Migrant Protection, Judicial Creativity, UNDRIP, Constitutional Law, Social Harmony.
