Implementation of Indigenous and Tribal Law in India: A Comparative Study on Legal Obligations

  • Dr. Sakshi Pathak
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  • Dr. Sakshi Pathak

    Assistant Professor of Law at Chotanagpur Law College, Namkum, Ranchi, India

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This research article undertakes a comprehensive comparative analysis of the implementation of indigenous and tribal laws in India, scrutinizing the legal obligations that govern these unique legal frameworks. India, with its diverse cultural and ethnic landscape, recognizes the significance of preserving and protecting the rights of indigenous and tribal communities. However, the effectiveness of implementing these laws remains a critical area of inquiry. The study initiates by providing an overview of the historical context and evolution of indigenous and tribal laws in India, highlighting the constitutional provisions and international commitments aimed at safeguarding the rights of these communities. It examines the legal obligations imposed on the Indian state to protect, promote, and implement these distinct legal systems, drawing parallels with global practices and standards. Through a comparative lens, the article analyzes case studies of different states within India, considering variations in the recognition and enforcement of indigenous and tribal laws. The research explores the challenges faced in integrating these legal systems into the broader national legal framework, with a focus on issues such as conflicting laws, jurisdictional complexities, and the role of customary practices. Furthermore, the article investigates the role of governmental institutions, judiciary, and other stakeholders in ensuring the effective implementation of indigenous and tribal laws. It critically evaluates the mechanisms in place for dispute resolution, resource allocation, and community empowerment within the context of these legal frameworks. The findings of this study contribute to the ongoing discourse on the intersection of indigenous and tribal rights with the mainstream legal system in India. The comparative approach allows for a nuanced understanding of the strengths and weaknesses in the implementation of these laws, offering insights for policymakers, legal practitioners, and academics to enhance the legal protection and empowerment of indigenous and tribal communities in the country.


Research Paper


International Journal of Legal Science and Innovation, Volume 5, Issue 6, Page 139 - 159


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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