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Tribal women of India: International and national safeguards– a comparative study.

Authors :
Rakshita, Pragya
Source :
Commonwealth Law Bulletin. Mar2021, Vol. 47 Issue 1, p143-174. 32p.
Publication Year :
2021

Abstract

Tribal population is scattered throughout the world, but, though their varied cultures are highly talked about, their rights are often ignored. Tribal women, living through two degrees of vulnerability, one due to their tribal roots and another due to their biological sex, receive an even rawer end of the deal. The Commonwealth nation of India has a substantial tribal population. This paper analyzes the international and national safeguards available to India's tribal women, and compares the extent of the justiciability of these legal instruments. The resources used for this purpose are mainly primary, as the focus has been on the text of these instruments and some landmark cases. It was found that there is a shocking absence of international legal instruments specifically for tribal women, and the applicability of those for tribal population or women is limited since India has not ratified their Optional Protocols. Though, on the national level, India's dedication towards protecting its tribal population is apparent in the presence of specific statutes, and there are ample legal provisions specifically for safeguarding the rights of tribal women. Lastly, the paper suggests that India should deliberate on ratifying the international instruments that it has not ratified already. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
03050718
Volume :
47
Issue :
1
Database :
Academic Search Index
Journal :
Commonwealth Law Bulletin
Publication Type :
Academic Journal
Accession number :
149380818
Full Text :
https://doi.org/10.1080/03050718.2020.1812414