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The Chota Nagpur Tenancy Act: Effects On Tribal Disparity And Indigenous Land Rights Through The Lens Of Ronald Dworkin's Theory And The Sustainable Development Goals




Shambhavi Tiwari, BA LLB (Hons.), CHRIST (Deemed to be University), Delhi NCR

Elavarasi V BA, BBA LLB (Hons.), CHRIST (Deemed to be University), Delhi NCR


ABSTRACT


The Chota Nagpur Tenancy Act, introduced during colonial rule in India, has had significant impacts on the land rights and socioeconomic status of indigenous tribal communities in the region. Through the theoretical framework of Ronald Dworkin's theory of rights, this paper will analyze how the implementation of this Act has contributed to the creation of disparity between tribal and non-tribal populations in the region. A preponderance of Adivasis inhabit remote, topographically challenging regions characterized by infertile, mountainous terrain, which often renders agricultural pursuits arduous and economically unviable. A disquieting trend is emerging among Adivasi households: the proportion of those with marginal land holdings (upto a hectare) is diminishing, concurrent with an augmentation in the percentage of landless households. This shift indicates a growing polarization in land ownership within Adivasi communities.


In this context, Dworkin's theory of rights provides a valuable analytical framework to understand the implications of the Chota Nagpur Tenancy Act on the land rights and socioeconomic status of tribal communities. Dworkin's theory emphasizes the importance of individual and group rights, and the need to protect these rights from the tyranny of the majority or the arbitrary actions of the state.




Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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