The Rights of Indians and Tribes


Book Description

The Rights of Indians and Tribes explains Federal Indian Law in a conversational manner, yet is highly authoritative, containing over 2000 footnotes with citations to relevant court decisions, statutes, and agency regulations. Since its initial publication in 1983 it has sold over 150,000 copies. It is user-friendly and particularly helpful for tribal advocates, students, government officials, lawyers, and members of the general public. The book uses a question-and-answer format and covers every important subject impacting Indians and tribes today and discusses which governments-tribal, state, and federal-have authority on Indian reservations. This fully-updated fifth edition provides a Foreword by John Echohawk, Director of the Native American Rights Fund, and covers the most significant legal issues facing Indians and Indian tribes. This includes the regulation of non-Indians on reservations, definitions of important legal terms, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act.




The Rights of Indians and Tribes


Book Description

Previous editions published : 2nd (1992), and 1st (1983).




Tribal Rights in India


Book Description

The world is falling apart. People are forgetting their basic values. Morality and law has parted ways, since some time now. But it was not long when humanity reigned supreme. The world decided to change and the change came at a price. The irretrievable socio economic conditions of the original and aboriginal people of the planet, which grew with the planet itself, had to pay the ultimate price. The systematic annihilation of the third world countries and their resources by the first world has left them only to die the death that follows hunger and starvation. They have been waiting for death. But their spirit and courage and their motivation to survive has led to come out of debris to generate and build great international movements which forced the world to accept the fact that they are the deprived lot and the subjects of violation. World today has a different light to show, the light which leads the way to the new world. The modern civilization and the new world need these people to be part of the whole and not someone different in the struggle to survive the ordeal the future has stored for the human civilization.




Adivasi Rights and Exclusion in India


Book Description

This volume examines the processes and impacts of exclusion on the Adivasis (tribal or indigenous people) in India and what repercussions these have for their constitutional rights. The chapters explore a wide range of issues connected to the idea of exclusion — land and forest resources, habitats and livelihoods, health and disease management, gender relations, language and schooling, water resources, poverty, governance, markets and technology, and development challenges — through case studies from different parts of the country. The book argues that any laws intended to safeguard the fundamental rights of Adivasis must acknowledge the fact that their diverse and complex identities are not homogenous, and that uniform laws have failed to address their systemic marginalisation since the colonial era. This work appeals for a serious and meaningful political intervention towards tribal development. The volume will be useful to scholars and researchers of tribal and Third World studies, sociology and social anthropology, exclusion studies and development studies.




The Indian Civil Rights Act


Book Description




Nightmarch


Book Description

Winner of the 2020 Association for Political and Legal Anthropology Book Prize Shortlisted for the Orwell Prize Shortlisted for the New India Foundation Book Prize Anthropologist Alpa Shah found herself in an active platoon of Naxalites—one of the longest-running guerrilla insurgencies in the world. The only woman, and the only person without a weapon, she walked alongside the militants for seven nights across 150 miles of dense, hilly forests in eastern India. Nightmarch is the riveting story of Shah's journey, grounded in her years of living with India’s tribal people, an eye-opening exploration of the movement’s history and future and a powerful contemplation of how disadvantaged people fight back against unjust systems in today’s world. The Naxalites have fought for a communist society for the past fifty years, caught in a conflict that has so far claimed at least forty thousand lives. Yet surprisingly little is known about these fighters in the West. Framed by the Indian state as a deadly terrorist group, the movement is actually made up of Marxist ideologues and lower-caste and tribal combatants, all of whom seek to overthrow a system that has abused them for decades. In Nightmarch, Shah shares some of their gritty untold stories: here we meet a high-caste leader who spent almost thirty years underground, a young Adivasi foot soldier, and an Adivasi youth who defected. Speaking with them and living for years with villagers in guerrilla strongholds, Shah has sought to understand why some of India’s poor have shunned the world’s largest democracy and taken up arms to fight for a fairer society—and asks whether they might be undermining their own aims. By shining a light on this largely ignored corner of the world, Shah raises important questions about the uncaring advance of capitalism and offers a compelling reflection on dispossession and conflict at the heart of contemporary India.







Land Alienation and Politics of Tribal Exploitation in India


Book Description

This book explores tribal land alienation problems in India and tribal agitation against land encroachment and alienation. It discusses India’s tribal land problem and explains how despite legislation to protect tribal lands, the problem has not been resolved since neither the letter nor the spirit of the law has been implemented. Due to continuous land encroachment and alienation by outsiders, the negligence of the revenue administration and the apathy of the central and state government, the situation concerning tribal land in the country have became precarious. In this context, the book highlights the process of land estrangement among the tribes and the related movements, focusing on the Narayanpatna land movement in the Koraput district of Odisha. It argues that land remains a central issue that is extremely important for tribes as it directly affects their life, livelihood, freedom and development, and that the cultural attachment of tribes and their views regarding the idea of ‘place’ (land) furnishes crucial perspectives in understanding the politics of collective resistance. It also discusses the politicization of group identity and material interest against the outside authority as the basis of the unrest among the tribes, and when the grudges of the people are hardened due to insensitivity and tyranny, the extent of tribal resistance escalates, leading to conflict between the state and its own people. Given its scope, this book is a valuable resource for students and research scholars, as well as for policymakers and anyone interested in Indian democracy and development in general, and tribal problems, issues and politics in particular.




The Functional Field of Food Law


Book Description

Two worlds that in academia remain largely separated are brought together in this book in a unique way; the world of food safety law and the world of the right to food. Key features include: (1) an up to date reflection of the status quo on food law related research written by those who are at the forefront of research in the functional field of food law; (2) a collection of contributions from all continents of the world; and (3) covering human rights, international law, European law and non-European law dimensions. This book is written as a Liber Amicorum in honour of Professor Bernd van der Meulen, who was the Chair of Law and Governance at Wageningen University (2001-2018), and established food law as an academic discipline in the Netherlands. In 29 contributions the functional field of food law is discussed. The contributors are researchers and academics from around the globe, and are above all friends who have worked with Bernd during his time at Wageningen University. In this book, they share their latest insights, research and thoughts on this fascinating and highly relevant field.




The Indian Civil Rights Act at Forty


Book Description

Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights--including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights--to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years--a period of growth, revitalization, and self-determination for many Indian nations.