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Theme: Indigenous Law and Customary Rights

Recognition and Derecognition of Customary Law and Rights of Indigenous People

Tribal communities in India have their own history of struggles for identity, citizenship, survival, representation and pro-people development. Jharkhand is characterized with unique history of mobilization and assertion for ethnic identities and control over resources and self-determination. In the quest of governing the tribal territories the tribes evolved their own system of governance for the purpose of regulating the individual and communal behaviour of the people in the society. Central India and North-East India are reported with the tribal groups having their traditional social institutions – called traditional self-governance (TSG) institutions - with well-structured customary law and a strong concept of democratic participation and governance. With the growing changes in the societies and the formulation of modern governance systems in the country the TSG institutions and customary legal structures underwent a decay process; however, the traditional institutions at some places developed resilience and considerably overcome the erosion.

First phase of research was completed in 2005, now the second phase of research is in starting stage focusing the “recognition and derecognition of customary law and rights of indigenous people” in North-East India.
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