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VOL. 9, ISSUE 3 (2023)
The rights of indigenous peoples: constitutional and legal provisions for their protection and development
Authors
Dr. Vinod Kumar Bagoria
Abstract
Due to the notion that tribes had primitive
social structures, which implied that tribal people were at a lower level in
the evolutionary social hierarchy in terms of their socio-cultural
characteristics, economics, and political systems, the two ideas are connected.
A common stereotype about tribes was their simplicity and resistance to
regional government changes. Tribes are viewed as social groups in the Indian
context that exist independently of governmental and cultural organisations.
Each definition of a tribe emphasises a different aspect of tribal existence,
such as how the tribe engages with the state, civilization, and development
processes, as well as specifics on their culture, way of life, and economy. Yet
at this point, notions of "backwardness," "indigeneity,"
and "independence from the wider Hindu culture" began to predominate
concepts of tribe. The majority of tribes were identified by what they were
not: they did not practice Vedic Hinduism, they were not Muslims, there was no
economic or theological stratification in their society, and they did not
participate in "modern" culture or economy. The anthropological
understanding of tribes in the nineteenth century claimed that the term
referred to both a particular kind of civilization based on familial
relationships and a stage of evolution. In the first perspective, the tribe is
characterised by standard definitions as a social group having a distinct
geographic region, dialect, cultural homogeneity, and unifying social
organisation. Relative equality within the group, the absence of intricate
governmental systems, strong and practical familial ties, collaboration,
territorial integrity, cultural and linguistic diversity, and lower levels of
technology are only a few of the characteristics associated with tribal
communities. In the second situation, tribes are viewed as
"primitive" cultures in the sense that they lack all the
characteristics of contemporary, Western society, such as being illiterate,
"uncivilised," nonindustrial, rural, etc.
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Pages:46-51
How to cite this article:
Dr. Vinod Kumar Bagoria "The rights of indigenous peoples: constitutional and legal provisions for their protection and development". International Journal of Law, Vol 9, Issue 3, 2023, Pages 46-51
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