BALANCING JUSTICE: STATUTORY INTERPRETATION AND INDIGENOUS RIGHTS

AUTHOR – MR. AJAY GAVNER SARODE, STUDENT AT DES’s SHRI NAVALMAL FIRODIYA LAW COLLEGE, PUNE

BEST CITATION – MR. AJAY GAVNER SARODE, BALANCING JUSTICE: STATUTORY INTERPRETATION AND INDIGENOUS RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 475-485, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Balancing Justice: Statutory Interpretation and Indigenous Rights. Indigenous rights have a long and complex history. From the colonial era to modern times, indigenous communities worldwide have faced dispossession, discrimination, and marginalization. The struggle for recognition and justice has been ongoing, with significant milestones such as the United Nations Declaration on the Rights of Indigenous Peoples. Currently, indigenous rights are recognized at both national and international levels. Many countries have constitutional provisions, legislation, and court decisions that protect indigenous rights. However, challenges persist, including land disputes, cultural preservation, and economic empowerment. Statutory interpretation plays a crucial role in shaping the legal landscape for indigenous communities. It involves analysing laws and regulations to understand their intent and impact. In the context of indigenous rights, statutory interpretation can determine the scope of land rights, cultural protections, and access to resources. Despite legal advancements, grey areas remain. Questions arise about the adequacy of existing legal frameworks. Addressing conflicting statutes and cultural nuances. These gaps necessitate focused research to bridge the divide between legal theory and indigenous realities. Our hypothesis is that while current legal infrastructure provides a foundation, it falls short in addressing the unique challenges faced by indigenous communities. We believe that a deeper understanding of statutory interpretation can lead to more effective legal solutions. To enhance indigenous rights, we propose several reforms: Customary Law Integration to Recognize and incorporate indigenous customary laws alongside statutory provisions. Land Title Clarity to Clarify land title procedures to prevent disputes and ensure secure land tenure. Cultural Heritage Protection to strengthen legal protections for indigenous languages, traditions, and sacred sites. Our aim is to contribute to the ongoing discourse on indigenous rights. By researching statutory interpretation, we seek to raise Awareness and Highlight the importance of legal clarity for indigenous communities. Empower Advocacy and Equip policymakers, lawyers, and activists with insights to champion indigenous rights.

Keywords:Advancements, Customary Law, Culture, Indigenous Rights, Statutory Interpretation.