DOUBLE DISCRIMINATION: THE LIMITATIONS IN ADDRESSING THE INTERTWINED THREATS OF CLIMATE CHANGE AND SOCIAL DISCRIMINATION AGAINST INDIGENOUS SOCIETIES IN INDIA

AUTHOR – G DARSHITA, SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – G DARSHITA, DOUBLE DISCRIMINATION: THE LIMITATIONS IN ADDRESSING THE INTERTWINED THREATS OF CLIMATE CHANGE AND SOCIAL DISCRIMINATION AGAINST INDIGENOUS SOCIETIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 291-297, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Indigenous communities, already marginalized and discriminated against as minorities, face a double burden with the escalation of the climate crisis. Indigenous communities across the world are disproportionately affected by the adverse impacts of climate change, as they depend heavily on natural resources for their livelihood and have a strong cultural and spiritual connection to their land. In India, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and various International Conventions. They recognize and uphold the rights of forest-dwelling indigenous communities. This paper delves into the complex nexus of climate change and pre-existing social discrimination faced by indigenous communities in India, focusing on the limitations of legal frameworks in adequately addressing their intersecting vulnerabilities through quantitative research.  They often lack access to adequate healthcare, education, and socio-economic opportunities, further exacerbating their vulnerability. This paper argues that these issues are intertwined, with social marginalization leaving indigenous communities more vulnerable to climate-induced disasters and resource depletion. The paper examines the limitations of the current legal framework in addressing this double discrimination. It analyses existing legislation while highlighting their shortcomings in effectively protecting indigenous rights and mitigating climate change impacts. To address this issue, it is crucial to strengthen the implementation of these legislations and ensure that indigenous communities have effective participation in decision-making processes related to climate change adaptation and mitigation efforts. It is important to recognize and respect their traditional knowledge and practices, as they have proven to be sustainable and resilient over centuries. By examining the limitations of existing legal frameworks and advocating for inclusive, community-driven solutions, this paper aims to contribute to a more just and equitable approach to addressing the intertwined challenges faced by indigenous societies in India. Empowering these communities through stronger legal frameworks and proactive measures will not only ensure their resilience in the face of climate challenges but also uphold their human rights.

Keywords: Indigenous communities, Double Discrimination, Climate Change, Sustainable Development, Inclusion.