Purswani, Pratik and Rajesh, Adithi
(2025)
From trusteeship to kleptocracy? The changing role of the Indian state in natural resource (mis)management.
Jindal Global Law Review.
pp. 1-14.
ISSN 0975-2498
(In Press)
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Abstract
The note discusses the changing role of the Indian State in the management of natural resources, specifcally focusing on the principle of Permanent Sovereignty over Natural Resources (PSNR). PSNR was seen as an economic corollary of decolonisation and self-determination, aiming to ensure the economic independence of developing states and the self determination of colonised peoples. India, a developing democracy at the time, voted in favour of the UNGA resolution on PSNR, which recognised the sovereignty of States and peoples over their natural wealth and resources. However, there has been some tension between the State and non-State actors in the exercise of this sovereignty, especially in terms of the well being of all its people. Focusing on Adivasis in India, we argue that economic growth has often favoured certain sections of society at the expense of indigenous peoples, leading to dissent and conficts of interest. We analyse this oppression through tools at the hand of the State, for instance, in the concept of PSNR and the Public Trust Doctrine (PTD), which considers the State as the trustee of all natural resources meant for public use and enjoyment. However, in several resource-rich regions in India, private economic interests frequently lead to the mismanagement and exploitation of natural resources, disproportionately afecting indigenous and marginalised communities. This note highlights the need for fair and equitable treatment, transparency, and non-discrimination in the management of natural resources to ensure the wellbeing and rights of all stakeholders.
Item Type: | Article |
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Keywords: | Public Trust Doctrine | Natural resource management | Permanent sovereignty over natural resources | Environmental justice | Indigenous rights |
Subjects: | Social Sciences and humanities > Economics, Econometrics and Finance > Economics Social Sciences and humanities > Social Sciences > Geography Social Sciences and humanities > Social Sciences > Demography |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Mr. Luckey Pathan |
Date Deposited: | 28 Jun 2025 07:14 |
Last Modified: | 28 Jun 2025 07:14 |
Official URL: | https://link.springer.com/article/10.1007/s41020-0... |
URI: | https://pure.jgu.edu.in/id/eprint/9682 |
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