The Role Of The Constitution And The Judiciary In Transformative Justice For Indigenous Communities
- IJLLR Journal
- Jan 21
- 1 min read
Antara Gupta, National Academy of Legal Studies and Research (NALSAR), Hyderabad
ABSTRACT
Tribal experience in India is diverse and rooted in paradox. Indigenous communities face challenges of displacement, socio-economic exclusion, and environmental degradation-induced loss of habitat, which are further compounded by epistemic injustice. This article focuses on the role of the judiciary and a ‘Living Constitutionalism’ approach to constitutional interpretation in addressing systemic issues. Through the analysis of landmark judgments like the Samata Judgement and the Narmada Bachao Andolan Judgment, the article highlights contrasting judicial approaches to tribal rights. The article underscores the need for a purposive interpretation of the Constitution by the judiciary to ensure transformative justice and promulgate counter-dominant discourses that are a step towards preserving the socio-economic and cultural identity of the communities and towards advocating inclusivity in policy, academia and public discourse.
