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VOL. 12, ISSUE 2 (2026)
Normative guarantees and ground realities: A Socio-legal inquiry into indigenous land and forest rights in India
Authors
Preeti Bhagat
Abstract
The paper critically examines the constitutional, statutory, and
judicial framework governing tribal and Indigenous rights in India, with
particular emphasis on land, cultural autonomy, and self-governance. While the
Indian Constitution provides special protections to Scheduled Tribes under
Articles 15(4), 16(4),46, 244, and the Fifth and Sixth Schedules, and
Parliament has enacted protective legislation such as the Panchayats (Extension
to Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006, the implementation of
these safeguards reveals a persistent gap between normative guarantees and
ground realities. Empirical data demonstrates the structural vulnerability of
tribal communities. According to the 2011 Census, Scheduled Tribes constitute
8.6% of India’s population, yet various government and academic studies
estimate that tribals represent a disproportionately high share of
development-induced displacement, particularly due to dams, mining, and
protected area expansion. As per data placed before courts and parliamentary
committees, over 1.8 million forest rights claims have been rejected
nationally, raising concerns about procedural irregularities and narrow
evidentiary standards contrary to the spirit of the FRA. Furthermore, the 2019
Supreme Court proceedings in Wildlife First v. Union of India which initially
directed eviction of forest dwellers whose claims were rejected highlighted the
fragility of tenure security when administrative rejections are treated as
conclusive, prompting nationwide review processes. This paper undertakes a
doctrinal and socio-legal analysis of statutory interpretation, executive
practice, judicial trends, and commission reports, including findings of the
National Commission for Scheduled Tribes (NCST). It argues that bureaucratic
control over verification processes, restrictive readings of community rights,
and prioritisation of extractive development undermine constitutional morality
and tribal self-determination. The research concludes that meaningful
realisation of Indigenous rights requires strict adherence to Gram Sabha
consent under PESA, transparent adjudication of claims, strengthened
institutional accountability, and a rights-based development paradigm that
reconciles environmental governance with social justice.
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Pages:28-34
How to cite this article:
Preeti Bhagat "Normative guarantees and ground realities: A Socio-legal inquiry into indigenous land and forest rights in India". International Journal of Law, Vol 12, Issue 2, 2026, Pages 28-34
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