Rethinking the Preamble

It is an irony that much debate was required for the Government to say that the Constitution is our holy book. The treacherous remarks on secularism and socialism by the Home Minister created initial obfuscation that had to be erased by the Prime Minister’s assurance to stick on to the constitutional values. The Government ultimately acknowledged the distinction between conventional democracy and constitutional democracy, thereby hinting that the latter is not merely a device for majoritarian regime. Read more

Courtesy: livelaw.in

Prem Mardi vs Union of India :- Did the Court fail the tribes and adivasis?

It is the duty of all people who love our country to see that no harm is done to the Scheduled Tribes and that they are given all help to bring them up in economic and social status, since they have been victimized for thousands of years by terrible oppression and atrocities. The mentality of our country towards the tribal’s must change, and they must be given respect they deserve as the original inhabitants of India” – Supreme Court of India, in Kailas vs State of Maharashtra (2011) 1 SCC 793. Read more

Courtesy: livelaw.in

A glass half empty for Adivasis

Even as countrywide protests against the land ordinance gain momentum, Adivasi communities living in mineral-rich areas are apprehensive of what awaits them as the Mines and Minerals (Development and Regulation) Amendment Bill 2015 (MMDRA) has received presidential assent and the government has drafted Rules for some clauses of the Act. Read more

Courtesy: The Hindu

Right place, wrong arrangement

The targeted attack by Maoists in Chhattisgarh against the State Congress leadership in which V.C. Shukla, Mahendra Karma and the party’s other top leaders were killed has rekindled a familiar debate on the military aspects of counterinsurgency. However, the continuing cycle of violence in the State underscores the need for a closer examination of the social and political impact of the Fifth Schedule of the Constitution through which the tribal areas of peninsular India are governed. Read more

Courtesy: The Hindu

Of mines, minerals and tribal rights

Tribal and indigenous communities across the world have been asserting their rights to the mineral wealth often found under the land they own or possess or have traditional rights to. They have been historically denied even a share of that huge wealth, leave alone legal rights of ownership. Read more

Courtesy: The Hindu

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