“Indigenous
women
are
vulnerable to sexual violence.
In areas of conflict, indigenous
women often fall victim to abuse
by members of the military
and are subject to sexual
enslavement, forced pregnancy,
gang-rapes, sexual mutilation
and killing.”
concerns on the implications of climate change
policies on their livelihoods and cultures (UNESA, 2009).
Translating International Commitments
into Reality
Earlier, only in Schedule areas did tribals have
ownership over the forest and natural resources.
This anomaly has been corrected to a great extent
through the Forest Rights Act of 2006. In Schedule
VI areas, the rights over resources and their
ownership were granted to indigenous peoples.
But the Supreme Court of India took away all such
rights (T. N. Godavarman vs. Union of India, 1996).
Therefore, on one hand the sovereign rights of
the state have been asserted.At the same time,
through the Rio Declaration, the rights of the
indigenous people and the approach to judiciary
and transparency had to be ensured. However,
the sovereign right over the resources was only
seen in the context of outside claims rather than
the claims of its own natives over the resources.
This selective asserting of rights of the state while
ignoring treaties on autonomy of indigenous
peoples smells of a double standard.
54
Indigenous women are vulnerable to sexual
violence. In areas of conflict, indigenous women
often fall victim to abuse by members of the
military and are subject to sexual enslavement,
forced pregnancy, gang-rapes, sexual mutilation
and killing. “In times of crises, indigenous women
are often forced to leave their communities and
search for shelters and jobs elsewhere, which
results in cultural and spiritual isolation as
well as their exposure to sexual trafficking and
prostitution and exploitation as domestic workers”
(International Women’s Forum, 2006:48).
Article 256 of the Constitution of India
empowers the government to make laws to
honor commitments made at the international
level. However, since most of the international
commitments are not translated in the rule of
the land, they cannot be judicially challenged.
Implementation of most of the non-legally binding
instruments also remains largely on paper.
Dams and power plants are being constructed
with alarming regularity without a thought
being given to sustainable development.
Professionals and contractors are reaping the
‘benefits’ – urbanities far away in Delhi get
electricity, politicians get kickbacks and applause
for the clearance of projects. Organizations and
communities who protest for their rights are
considered ‘anti-national.’
National
laws,
policies,
structures, and mechanisms
programs,
Provision under Article 275
of the Constitution of India
This section provides for grants to certain states
that may be charged to the Consolidated Fund
of India as grants-in-aid each year, as decided
by Parliament. The purpose is to meet the
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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