Tourism Vs. Indigenous Rights: A Critical Analysis Of Legal Safeguards In India
- IJLLR Journal
- May 24
- 1 min read
Deepanshu Rawat, Law College Dehradun, Uttaranchal University, Dehradun.
Prof (Dr.) Anil Dixit, Professor, Law College Dehradun, Uttaranchal University, Dehradun.
ABSTRACT
Tourism has proved to be an important source of economic development towards India especially ecologically sensitive areas with unique cultures of people residing in these areas. Nevertheless, such growth in the tourism industry is usually associated with displacement, cultural commodification, and degradation of the environment negatively impacting such communities. The paper is a critical analysis of whether the legal protections are sufficient to defend against indigenous rights victimization when it comes to the development of tourism. It considers both the legislations including Forest Rights Act, 2006, the Panchayats (Extension to Scheduled Areas) Act, 1996, and the laws of the environment and the judicial interventions. The article relating to the insufficiency of conducting statutory protection as compared to its practical implementation is namely the absence of participation and meaningful consent of indigenous communities. It proposes more inclusive and rights-based approach to tourism governance including principles of Free, Prior, and Informed Consent. The paper concludes by giving some recommendations on how to ensure the law can be strengthened to develop with indigenous rights.
Keywords: Indigenous Rights, Legal Safeguards, Tourism Laws.
