Tribes as ‘Indigenous Peoples’: Revisiting Indigeneity Debate in India

Abstract

In recent past, indigenous peoples’ struggle against historical injustices have been successful in realising a distinct international legal regime regarding the rights of ‘indigenous peoples’. As a result, the claim for ‘indigeneity’ has dramatically increased as part of global indigenous politics. In India, determination of ‘tribal people’ as ‘indigenous peoples’ remains a highly contentious issue. Academicians have been very much divided in their opinions. The present Article delves into the concept of ‘tribe’ in India and critically analyses the ‘indigeneity’ debate centred around. It argues that ‘indigeneity’ based on prior occupancy is ill-suited to the Indian context. However, ‘tribal people’ can be considered as ‘indigenous peoples’, if ‘indigeneity’ is considered as a social fact.