Tribal Rights In India

The world is falling apart. People are forgetting their basic values. Morality and law has parted ways, since some time now. But it was not long when humanity reigned supreme. The world decided to change and the change came at a price. The irretrievable socio economic conditions of the original and aboriginal people of the planet, which grew with the planet itself, had to pay the ultimate price. The systematic annihilation of the third world countries and their resources by the first world has left them only to die the death that follows hunger and starvation. They have been waiting for death. But their spirit and courage and their motivation to survive has led to come out of debris to generate and build great international movements which forced the world to accept the fact that they are the deprived lot and the subjects of violation. World today has a different light to show, the light which leads the way to the new world. The modern civilization and the new world need these people to be part of the whole and not someone different in the struggle to survive the ordeal the future has stored for the human civilization.

Covers a wide range of research articles on various aspects of tribal and indigenous communities of India.

This book is the only available comprehensive introduction to tribal law. It is an indispensable resource for students, tribal leaders, and professionals interested in the complicated relationship between tribal, federal, and state law.

"Federal Indian Law encompasses nearly 400 Indian treaties, hundreds of federal statutes, and thousands of court decisions. When the first edition of The Rights of Indians and Tribes was published in 1983, it firmly established itself as the only book explaining Federal Indian Law in a clear and easy-to-understand way for students and practitioners of Indian law, tribal advocates, government officials, and the general public. Numerous tribal leaders highly recommend this book. Incorporating a user-friendly question-and-answer format, veteran legal counsel Stephen Pevar addresses the most significant legal issues facing Indians and Indian tribes, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act. This fully updated new edition includes a wealth of new information on recent legislation and judicial decisions, and it also features an introduction by John Echohawk, Executive Director of the Native American Rights Fund"--

This volume examines the processes and impacts of exclusion on the Adivasis (tribal or indigenous people) in India and what repercussions these have for their constitutional rights. The chapters explore a wide range of issues connected to the idea of exclusion — land and forest resources, habitats and livelihoods, health and disease management, gender relations, language and schooling, water resources, poverty, governance, markets and technology, and development challenges — through case studies from different parts of the country. The book argues that any laws intended to safeguard the fundamental rights of Adivasis must acknowledge the fact that their diverse and complex identities are not homogenous, and that uniform laws have failed to address their systemic marginalisation since the colonial era. This work appeals for a serious and meaningful political intervention towards tribal development. The volume will be useful to scholars and researchers of tribal and Third World studies, sociology and social anthropology, exclusion studies and development studies.

Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. Frank Pommersheim, one of America's leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Broken Landscape challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.

Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights--including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights--to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years--a period of growth, revitalization, and self-determination for many Indian nations.

Resource added for the Paralegal program 101101.