Daijiworld Media Network - New Delhi
New Delhi, Oct 14: India has rejected what it described as an “unsubstantiated reference” in a report by the United Nations Special Rapporteur on the rights of Indigenous Peoples, defending its constitutional safeguards and legal framework for protecting Scheduled Tribes.
Anuj Swarup, First Secretary at India's Permanent Mission to the United Nations, presented India's response during the 81st session of the United Nations General Assembly's Third Committee.
The objection relates to a report issued in August 2025, which questioned whether India's constitutional provisions for Scheduled Tribes offer substantive, rights-based protection or primarily serve administrative purposes.
Rejecting the assessment, India highlighted its legal mechanisms for recognising tribal rights, particularly those concerning land and forests. It maintained that the country's constitutional and legal framework safeguards tribal communities and supports their social and economic development.
India cited the implementation of the Forest Rights Act, 2006, which recognises the rights of eligible forest-dwelling Scheduled Tribes and other traditional forest dwellers over forest land and resources. The legislation provides for the recognition of individual and community forest rights, including rights over land under occupation and access to forest resources.
The government presented the Act as evidence that protections for tribal communities are rooted in legal rights rather than being limited to administrative measures. It also highlighted constitutional safeguards and welfare programmes aimed at improving the living conditions of Scheduled Tribes and other disadvantaged communities.
India said its approach, guided by the principle of “Sabka Saath, Sabka Vikas”, emphasises inclusive development and equal opportunities. The government maintained that these measures demonstrate its commitment to safeguarding tribal interests while promoting their social and economic advancement.
The response also reiterated India's longstanding position on the use of the term “Indigenous Peoples” in the country's context. While reaffirming its support for the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), India maintained that its entire population was indigenous at the time of independence.
The exchange underscores continuing differences between India and the UN Special Rapporteur over the interpretation of international standards and India's domestic legal framework concerning the rights and status of tribal communities.