Interdependency of tribal rights

Main Article Content

Vaishali Bahubalendra

Abstract

Rights being a bundle of interest are vested on individuals for their protection, as the state is under an obligation to protect their rights, this forming the genesis of the social contract theory. Every right has a corresponding duty, we as citizens have fundamental rights and the government has a duty to protect the rights. So far as the theory of capability by Amartya Sen is considered, on losing one thing one loses many others things as well, the meaning of which is if two rights are inextricably connected to each other than on the safeguard of one the other is already taken care or else safeguarding the other right become easy and feasible. On the touch stone of the theory of Capability by Sen, the researcher will conduct a doctrinal study as to interdependency of tribal social, economic and cultural rights with their right to food. The criteria on which interdependency is based will be a guiding light for our policy makers. Taking into purview the various statues encompassing various rights of tribals the researcher will analyse and try to find out the basis on which the rights have been based, tracing out its connectivity and linkage.   As it is very evident that vesting rights alone will not lead to development what is more important is the enforcement of this right. Rights without enforcement are just as Constitution bereft of Constitutionalism

Article Details

How to Cite
Vaishali Bahubalendra. (2023). Interdependency of tribal rights. Journal for ReAttach Therapy and Developmental Diversities, 6(1), 894–899. https://doi.org/10.53555/jrtdd.v6i1.2340
Section
Articles
Author Biography

Vaishali Bahubalendra

Assistant Professor Of Law, SOA National Institute of Law, SOA University, Odisha, India

References

Rights of Tribals

• Rights of tribals and indigenous persons in India by Aryan Mohindroo. < https://sociallawstoday.com/rights-of-tribal-communities-in-india/> accessed on : 24/07/23

• <https://www.legalserviceindia.com/legal/article-32-the-rights-of-scheduled-tribes.html> accessed on : 24/07/23

• <https://sociallawstoday.com/rights-of-tribal-communities-in-india/> accessed on: 24/07/23

• < https://www.iasexpress.net/tribal-rights-in-india-constitutional-legal/> accessed on: 24/07/23

Interdependency of Rights

• Tribal Rights, Dispossession and the State in Orissa Author(s): Jagannath Ambagudia: accessed on : 23/07/23

• < https://www.bu.edu/wcp/Papers/Huma/HumaWins.htm> accessed on: 24/07/23

• General Comments By The Islamic Republic of Iran Questionnaire concerning “A consultancy study on the contribution of development to the enjoyment of human rights:” (A/HRC/RES/41/19, para. 13)< https://www.ohchr.org/sites/default/files/Documents/Issues/Development/seminar-contribution-development/1st-study/states/iran.pdf>

• Interdependence of human rights by Bruce Porter

Capability approach

• Caroline Harnacke, Disability and Capability: Exploring the Usefulness of Martha Nussbaum's Capabilities Approach for the UN Disability Rights Convention, 41 J.L.MED. & Ethics 768 (2013).

• Carolyne Willow, Children's Rights and the Capability Approach. Challenges and Prospects, 25 INT'l J. CHILD. Rts. 268 (2017).

• David A. Crocker, Functioning and Capability: The Foundations of Sen's and Nussbaum's Development Ethic, 20 POL. THEORY 584 (1992).

• Mihaela Chircusi, Sen's Conception of the "Capability Approach" to Assessing Deprivation and Well-Being, 1 CONTEMP. Readings L. & Soc. Just. 126 (2009).