More rights, less justice: Tribal communities and the Indian republic

Singh, Prashant and Sharma, Meghna (2020) More rights, less justice: Tribal communities and the Indian republic. Oxford Monitor of Force Migration, 8 (2).

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Abstract

The recent judgment of the Indian Supreme Court announcing the eviction of over one million forest dwelling and tribal communities from their ancestral lands sent shockwaves across the world. The order was directed at individuals and groups whose claims for property rights over inhabited lands were rejected under the contested Scheduled Tribes and Other Traditional Forest Dwellers Act (2006), commonly referred to as the Forest Rights Act (FRA). As per Section 3 of the FRA, forest rights are guaranteed to ‘forest dwelling Scheduled Tribes and other traditional forest dwellers.’ While the Court has stayed the judgment, over one million persons from forest dwelling Scheduled Tribes continue to face a legal protection black hole in India. This article explores the marginalising effects of the claim adjudication process under the FRA and the ensuing displacement crisis affecting tribal communities in India. This article also brings to the foreground an oft-ignored kind of displacement: forced displacement resulting from denial of tenure security and land access rights of forest communities.

Item Type: Article
Keywords: Tribal | India | Rights
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 29 Mar 2022 09:05
Last Modified: 16 Dec 2022 06:00
Official URL: https://www.oxforcedmigration.com/post/more-rights...
URI: https://pure.jgu.edu.in/id/eprint/1919

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