UNSPECIFIED
(2022)
Unpacking Indigenous Self-Governance amidst FRA: Comparative Insights from Nilambur and Sigur areas of the Nilgiri Biosphere Reserve.
[Report]
Abstract
Ambitious de jure legislations and less-than appealing de facto conditions portray a chasm. What causes for this chasm to become deeper and complex has been the subject of constant concern. One of the reasons consistently cited is reluctance on the state’s part to devolve powers to local institutions despite having progressive legislations, such as PESA, 1996, and FRA, 2006, in place. It is in this regard that it has previously been amply reiterated that equating ‘decentralization’ to “devolution of power” and a mere portrayal of engagement in “democratic” processes would be an oversimplification of the de facto workings of such legislations. Legal and democratic processes become further complicated when equally-relevant, pro-environmental exclusionary laws try to function in tandem with inclusive legislations.
Historically, indigenous persons have been subjected to bear the direct impact of colonialism and colonial policies around the world (C. Samsom, C. Gigoux 2017). Colonial policies primarily focused on dispossession of indigenous peoples from land, forced assimilation and sedentarization of mobile groups. More importantly land policies such as dispossession, forced relocation is shown to have a long-term impact on their social and psychological lives (C. Samsom, C. Gigoux 2017). The United Nations Declaration on Rights of Indigenous Persons (UNDRIP) is one of the most important instruments to formalise rights claims of indigenous persons in a post-colonial era.
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