A Critical Study of Statutory Protection to Indigenous People of India

Thesis, Ph. D, Alliance School of Law, Alliance University, 2021 Guide: Dr. Heena Ghanshyam Patoli Alliance School of Law

The research is undertaken on the concept of protection to indigenous people
and their development in the Indian scenario. The outlook of the research is a critical
study of Indigenous peoples, their Statutory Protection and contemporary conditions
prevailing to them across India and the rights of the Indigenous people all over the
Globe. Due to lack of knowledge, awareness and importance given to the Indigenous
people, they are not highlighted in a wider sense, though the strength of Indigenous
people's share is approximately 370 million worldwide, in over 90 countries.
Although they make up 5 percent of the global population, they account for about 15
percent who are extreme poor. Indigenous Peoples’ life expectancy is up to 20 years
lower than the life expectancy of non-indigenous people worldwide.
The study begins with the premise that International law guarantees rights to
indigenous peoples regarding their tradition, lands, knowledge, cultural preservation
and human security. This research has examined the sources of their rights and legal
remedies for violations of law, Protection of indigenous peoples’ cultures and
resources contribute to the protection of the global environment. In view of that,
"Indigenous peoples" as an international legal concept has been studied in detail.
Based on previous studies on life of indigenous peoples and their vulnerable
position due to socio-economic seclusion; a research inquest started to understand
thoroughly and to explore available domestic policy and legal framework in India.
Accordingly, an attempt is made to comprehend the lives and rights of
indigenous peoplesat both the national and international levels. A detailed analysis of
the wealth of long-established traditionalknowledge held and practiced by indigenous
peoples, the possibilities of protecting such knowledge from unauthorised
exploitation is made during the progress of t h i s research. Hence research aims
at critical assessment of the policies adopted by the Indian government since
independence, for the purpose of providing equality and equal protection of law to
the indigenous peoples in India. Study also duly considers how the protection
issue has become very crucialwhen there is a increased commercialisation tendencies
owing to modern Intellectual property (IP) regime.The method of research adopted in
this study is doctrinal in nature involving analysis and evaluation of both primary
and secondary legal materials. Philosophical and jurisprudentialdiscourses on the
ABSTRACT
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subject are examined based on review of literature. A review of the regulatory
frameworks at the regional, national and international level is undertaken in an effort
to put light on the nature and scope of the study. The national and international
practices were appraised on the basis of Indian and foreign case laws and case studies.
The thesis consists of six chapters inclusive of Introduction and Conclusion.
The Introductory chapter gives a basic insight on the research topic and its relevance.
This chapter gives a clear description about the Statement of problem, Aim of the
study, Hypothesis, Methodology, Scope and Limitation. An attempt is made to
understand the historical backgroundof Indigenous People and its justification in this
chapter.
The second chapter makes an analysis and growth of indigenous people and
their rights under various International conventions, treaties and conferences in
different parts of the world. The chapter provides a brief explanation about cultural
practices of Indigenous people, Implication of International law on Indigenous
population with reference to protection of their Rights and modern human rights
framework through international mechanism. The conceptual framework of
Indigenous peoples and various protections given to them under Indian law as wellas
the role of Judiciary and involvement of various commissions for upliftment of their
rights.
The third chapter deals with the conceptual framework of indigenous peoples
and it has provided details of specific indigenous communities that have existed in the
country. The crux ofthe chapter is a detailed analysis of the legislative, judicial and
executive responses to the rights of Indigenous peoples in the country. This has also
studied and scrutinised the effects that the legislations have had on Indigenous
peoples in India post-independence.
The fourth chapter has delved into a concept relating to indigenous peoples and
their intellectual property rights. Traditional or indigenous knowledge is the
knowledge of the members of a society, community or group, which has developed
over time, and handed down from generation to generation within the group and it
also deals with various case studies and analysed various Indian patent law for
preservation of Indigenous people’s traditional knowledge.
The fifth chapter plays a vital role in the entire thesis presentation as it tests the
current policy framework for Indigenous population in India and it has formed an
essential part of the work and it has focused on its overall objective of extending
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statutory protection to indigenous peoples in India. It has been initiated through a
discussion on the history of laws in India that concern indigenous peoples. The last
and final chapter deals with the conclusion, major suggestions and recommendation of
this study