Doddasampige | ದೊಡ್ಡಸಂಪಾಗೆ
Doddasampige | ದೊಡ್ಡಸಂಪಾಗೆ |
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KODIVERI, A. (2021). BEING, BECOMING AND (UN)BECOMING INDIGENOUS? INDIGENEITY, HUMAN RIGHTS, AND CLIMATE CHANGE IN INDIA. Wisconsin International Law Journal, 38(2), 232–268. Added by: Prashanth NS (08/06/2023, 22:00) |
| Resource type: Journal Article ID no. (ISBN etc.): 7437951 BibTeX citation key: KODIVERI2021 Email resource to friend View all bibliographic details  |
Categories: Health Keywords: ADIVASIS, INDIGENOUS ethnic identity, LEGAL status of indigenous peoples Creators: KODIVERI Collection: Wisconsin International Law Journal |
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| Abstract |
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"Is conservation a choice for our community or is it our duty in exchange for rights?" asked a young Adivasi from Kondingamali, a bauxite-rich hill range in the eastern Indian state of Odisha.' This brief encounter with a young Adivasi in Kodingamali brings to light that the Indigeneity embodied in India's legal regime and international law hinges on two fundamental markers: namely, their cultural attachment to land and their cultural backgrounds that make them naturally attuned to conserve. The idea of Indigeneity is transforming in India and elsewhere as forest- dwelling communities increasingly migrate to cities or engage with extractive or other economic activities. In this paper, I argue that the notion of Indigeneity embedded in this approach is removed from the everyday reality of Adivasi and forest-dwelling communities in India. Through empirical evidence from my fieldwork in the eastern state of Odisha, this article brings to light the challenges associated with rigidly framing Indigeneity in climate change law and policy. I then proceed to offer two pathways out of this bind. First, this article suggests that expanding the right to Indigenous participation in legal deliberations can act as a basis to reconfigure Indigenous involvement in the law and its implementation. Second, this article argues that the rights of future generations should be incorporated into climate change law and policy as a way to prevent deforestation beyond reliance merely on community-based conservation efforts. [ABSTRACT FROM AUTHOR]
Added by: Prashanth NS |
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Publisher: Wisconsin International Law Journal
Added by: Prashanth NS |