RECOGNIZING ROLE OF INDIGENOUS COMMUNITIES IN BIODIVERSITY CONSERVATION IN INDIA: AN ANALYSIS

Main Article Content

KAUMUDHI CHALLA, SHILPA SANTOSH SHARMA, SUKHVINDER SINGH DARI, DEEPTI KHUBALKAR

Abstract

The indigenous communities and biodiversity conservation are very closely inter-related and complementary to each other. Since ages, these communities have helped to evolve, nurture and protect the ecosystems in a sustainable manner. In India, since the ancient times, the indigenous communities have lived in harmony with nature and have played a vital role in protecting and conserving the forests and biodiversity. However, with passage of time and due to the socio-economic-political changes, the forests have become the property of the State and the indigenous communities have slowly been marginalised and separated from their traditional land and livelihood due to the developmental projects. This separation of the indigenous communities from land, forests and biodiversity has resulted in the destruction and deterioration of biodiversity. Thus, despite their critical role in conservation of biodiversity and ensuring resilient and healthy planet for people, the indigenous communities are often neglected and marginalized in environmental and developmental policies.
In contemporary times, as the legal discourses focus on biodiversity conservation and protection it is essential to recognise the role played by indigenous communities in biodiversity conservation. In this context, this article examines the various ways in which biodiversity was conserved and the role of indigenous communities in biodiversity conservation in India. It tries to identify the reasons for exclusion of indigenous communities and its impact on biodiversity. Further, it attempts to analyse whether the Indian legal framework, particularly the environmental legislations contain any provisions recognizing role of indigenous communities in biodiversity conservation. Lastly the article attempts to give pragmatic solutions to include indigenous communities in biodiversity conservation in India.

Article Details

Section
Intellectual Property Law
Author Biography

KAUMUDHI CHALLA, SHILPA SANTOSH SHARMA, SUKHVINDER SINGH DARI, DEEPTI KHUBALKAR

Dr. Kaumudhi Challa1*, Dr. Mrs. Shilpa Santosh Sharma2, Dr. Sukhvinder Singh Dari3, Dr. Deepti Khubalkar4

1*Hidayatullah National Law University, Nava Raipur,

2,3,4Symbiosis Law School, Nagpur

References

‘We’ll Lose Our Soul. Niyamgiri is Our Soul’ (Survival) <https://www.survivalinternational.org/tribes/dongria> accessed 25 January 2022

Bahuguna K., Ramnath M. et al. (2016), Indigenous people in India and the Web of Indifference https://www.downtoearth.org.in/coverage/india/indigenous-people-in-india-and-the-web-of-indifference-55223> accessed 10-08-2021.

Banwasi Sewa Ashram V. State of Uttar Pradesh, (1987) SC 374

Biological Diversity Act, 2002 (Section 18, 22, 23 and 41)

Bonta B (2011). The Kadar of Western Ghats.UNC Greensboro. https://peacefulsocieties.uncg.edu/2011/02/10/the-kadar-of-the-western-ghats/> accessed 24th January 2022;

Borde R. & Bluemling B. (2021). Representing Indigenous Sacred Land: The Case of the Niyamgiri Movement in India. Capitalism nature Socialism 32(1) <https://www.tandfonline.com/doi/full/10.1080/10455752.2020.1730417> accessed 24th January 2022

Francis Coralie v. Union of India, 1981 AIR 746

Global Environment Facility, Indigenous Communities and Biodiversity (2008) 1 <https://www.thegef.org/sites/default/files/publications/indigenous-community-biodiversity_0.pdf> accessed 10-08-2021.

Indian Forest Act, 1927 (Section 28)

Kermani V. (2017) ‘What Modern Ecology Can Learn from Ancient Hinduism’ (2017) <https://ecologise.in/2017/04/19/what-modern-ecology-can-learn-from-ancient-hinduism/> accessed 08-08-2021.

Online Etymology Dictionary (OED), Oxford University Press (2016) <https://www.oed.com/> accessed 09-08-2021.

PESA Act, 1996 (Section 4(d))

Ramakrishnan V. (2020). Conservation through private initiative: A case study in the Western Ghats, India. IUCN, 23rd Mar 2020 <https://www.iucn.org/news/commission-environmental-economic-and-social-policy/202003/conservation-through-private-initiative-a-case-study-western-ghats-india> accessed 24 January 2022

Seattle C. (1931) ‘Letter To All’ <http://www.csun.edu/~vcpsy00h/seattle.htm> accessed 09-08-2021.

Shanthakumar S. (2016), Introduction to Environmental Law 2nd edn, LexisNexis 75-76.

Singh B.P. (2018). Biodiversity, tribal knowledge and life in India 3(1), Whioce Publishing Ltd., <http://dx.doi.org/10.18063/ESP.2017.01.001> accessed 25 January 2022

Sobrevila C. (2008). The Role of Indigenous Peoples in Biodiversity Conservation. The International Bank for Reconstruction and Development 20.

Stidsen S. (2007) The Indigenous World. International Work Group for Indigenous Affairs.

The Biological Diversity Act, 2002 (Section 36)

Tripathi P. (2016) ‘Tribes and Forest: A Critical Appraisal of the Tribal Forest Right in India’ https://www.researchgate.net/publication/308794288_Tribes_and_Forest_A_critical_appraisal_of_the_tribal_forest_right_in_India> accessed 25 January 2022

Youth Ki Awaaz, (2018). ‘Adivasi Lives Matter, ‘Called ‘Backward’, 5 Ways Adivasis Are Far Ahead of Us in Protecting’ <https://www.youthkiawaaz.com/2018/06/adivasis-and-sustainable-living/> accessed 26 January 2022