CONSTITUTIONAL PROTECTION OF INDIGENOUS RIGHTS IN INDIA AND CANADA

AUTHOR – VINAY KUMAR SINGH CHAUHAN, RESEARCH SCHOLAR AT CENTRAL UNIVERSITY OF SOUTH BIHAR & ADVOCATE AT HIGH COURT OF DELHI.

BEST CITATION – VINAY KUMAR SINGH CHAUHAN, CONSTITUTIONAL PROTECTION OF INDIGENOUS RIGHTS IN INDIA AND CANADA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 948-954, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study provides a comparative analysis of the constitutional  protections of indigenous rights in India and Canada. The indigenous communities in both countries have faced marginalization  and discrimination in history. That led to the erosion of their traditional cultures, languages, way of life, and their connectedness to nature. This study focuses on the historical context in which the indigenous rights have evolved. In India, the constitutional provisions aimed to protect the Schedule Tribes are enshrined in Article 46 of the constitution which provide direction to the state and emphasize to promote the educational and economic interest of the ScheduleTribes. Schedule V, VI, and Article 244(1) of the Constitution provides for the special provisions for these communities and administration of scheduled and tribal areas. Canadian Constitution in Section 35 recognizes and affirms the existence of aboriginal people and treaty for the rights of indigenous peoples. Protecting the rights of the indigenous people is a complex and multifaceted issue in both the countries