The Government of India and the Indian constitution officially does not consider any specific section of its population as ‘indigenous peoples’ as generally understood and implied in its usage in the UN. Rather, the government claims and portrays all its peoples as indigenous.
They also wish ‘to maintain and strengthen their institutions, cultures and traditions’, desire ‘the demilitarization of the lands and territories’ for ‘peace, economic and social progress and development’. Their ‘knowledge, cultures and traditional practices contribute to sustainable and equitable development and proper management of the environment’.
However, operationally in many of its dealings, those sections of people declared as falling within the administrative category of ‘Scheduled Tribes’ (STs) are considered as indigenous peoples. Though STs are not coterminous with either the socially and historically accepted term ‘Adivasi’ (meaning indigenous or original people) or ‘tribal’, by and large it is accepted that the STs include mostly ‘indigenous peoples’’ in the Indian context. This ‘indigenousness’ is also recognized as distinct and different from ‘regionalism’ and finds clear and distinct expression in the constitution and laws.
The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) identifies ‘indigenous peoples’ as being the beneficiaries of the rights contained in the Declaration, without defining the term. The preamble of the Declaration103, however, makes reference to certain characteristics normally attributed to indigenous peoples.
The ‘indigenous peoples ‘consider themselves different’, have faced ‘historic injustices as a result of… their colonization and dispossession of their lands, territories and resources’ and ‘are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression’. Moreover, their ‘inherent rights…derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources’ and are ‘affirmed in treaties, agreements and other constructive arrangements with States’.
They also ‘possess collective rights which are indispensable for their existence, well-being and integral development as peoples’. Moreover, similar to ILO C169, UNDRIP recognizes the rights of indigenous peoples to determine their own identity or membership according to their customs and traditions while simultaneously enjoying citizenship of the States where they live.
UNDRIP recognizes that indigenous peoples have a right to maintain their distinct political, legal, economic, social and cultural institutions while retaining their right to participate fully in the political, economic, social and cultural life of the state (Article 5), and to participate in decision-making in matters affecting their rights (Article 18). The indigenous peoples can determine and develop priorities and strategies for their development (Article 23 and 32). The states are required to consult and cooperate with indigenous peoples (Article 19). Free, prior and informed consent of indigenous peoples is fundamental before adopting and implementing legislative or administrative measures that may affect them
India is home to the largest population of indigenous peoples of any country in the world. Roughly a quarter of the world’s indigenous population – around 80 million people – are scattered across India, their numbers a staggering diversity of ethnicities, cultures and socioeconomic situations. They range from some of the last uncontacted indigenous communities in the world, like the Sentinelese of the Andamans, to some of the largest, such as the Gonds and Santhals of central India
India is the home to large number of indigenous people, who are still untouched by the lifestyle of the modern world. It has the second largest concentration of tribal population which comes next to the African continent. The total Scheduled Tribe population in India as per 2011 census is 10.43 crore, constituting 8.6 % of the total population. Though, the percentage of this tribal population in India is very small, it represents an enormous diversity of groups. These tribal groups vary from one to another in terms of their language, physical features, size of population, the extent of acculturation, livelihood, economy, culture, social stratifications, ecological settings in which they live etc.
Tribal societies are small in scale, are restricted in the spatial and temporal range of their social, legal, and political relations, and process of morality, a religion and worldwide corresponding dimensions. Characteristically too, tribal languages are unwritten and the extent of communication in time is narrow. At the same time tribal societies exhibit a remarkable economy of design and have compactness and self-sufficiency lacking in modern society. The tribes of central India are no exception to it, they have interesting and colorful sociocultural life which are reflected in their daily life.
During the British period a number of rebellions and resistance movements were organized by the tribal communities against the British administration which are important aspects of history of modern India. After independence, the government of India initiated a number of plans and programmes for tribal development in the area which have far reaching consequences. These developments along with other factors have brought changes in the traditional structure of the tribal society.
| Subjective criteria | Objective criteria |
Indigenous peoples | Self-identification as belonging to an indigenous people | Descent from populations, who inhabited the country or geographical region at the time of conquest, colonisation or establishment of present state boundaries. They retain some or all of their own social, economic, cultural and political institutions, irrespective of their legal status. |
Tribal peoples | Self-identification as belonging to a tribal people | Their social, cultural and economic conditions distinguish them from other sections of the national community. Their status is regulated wholly or partially by their own customs or traditions or by special laws or regulations. |
Indigenous and tribal peoples are often known by national terms such as native peoples, aboriginal peoples, first nations, adivasi, janajati, hunter-gatherers, or hill tribes. Given the diversity of peoples it aims at protecting, the Convention uses the inclusive terminology of “indigenous and tribal peoples” and ascribes the same set of rights to both groups. In Latin America, for example, the term “tribal” has been applied to certain afro-descendent communities.
www.tribaltoursinindia.com © All Rights Reserved, 2021