TRIBAL RIGHTS STAND IN COUNTERPOISE TO WILDLIFE CONSERVATION STRATEGIES – THE NEED FOR ‘RIGHTS BASED’ APPROACH IN INDIA

Abstract

Wildlife conservation and the rights of tribals are often seen as mutually exclusive, as opposed to each other. When we say ‘wildlife conservation’, we do not tend to include the indigenous people within its ambit. Neither are they placed on the same pedestal as the fellow human beings when it comes to the protection of basic human rights. In this manuscript, the Authors would discuss the Indian perspective in balancing the rights of tribals and wildlife conservation. First, the authors would briefly showcase the history of wildlife conservation in Indian forests, the implementation of such laws and their impact on tribals. Then, the authors would enunciate the Constitutional and statutory protections available to the tribals, and the role of the judiciary in upholding tribals rights. Further, the authors would make a comparative study by referring to the laws regarding wildlife conservation in various countries. Finally, the Authors would reflect upon the drawbacks in the approach towards wildlife conservation in India in the light of ‘transformative Constitutionalism’ and would suggest that wildlife conservation need not be achieved at the cost of basic rights of tribals.