The Indigenous World 2024

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THE

INDIGENOUS
WORLD 2024
198 IWGIA – The Indigenous World – 2024

India
PART 1 – Region and Country Reports – India 199

In India, some 705 ethnic groups are listed as Scheduled Tribes.


In central India, the Scheduled Tribes are usually referred to
as Adivasis, which literally means original inhabitants, Indig-
enous Peoples.1 With an estimated population of 104 million,
they comprise 8.6% of the total population. There are, howev-
er, many more ethnic groups that would qualify for Scheduled
Tribe status but which are not officially recognised and conse-
quently, the total populations of the Scheduled Tribes are high-
er than the official figure.
The largest concentrations of Indigenous Peoples are
found in the seven states of north-east India, and the so-called
“central tribal belt” stretching from Rajasthan to West Bengal.
India has several laws and constitutional provisions, such as
the Fifth Schedule for central India and the Sixth Schedule for
certain areas of north-east India, which recognise Indigenous
Peoples’ rights to land and self-governance. The laws aimed at
protecting Indigenous Peoples have numerous shortcomings
and their implementation is far from satisfactory.
The Government of India has increasingly been using the
term “Indigenous Populations” in official notifications such as
the establishment of a High-Level Committee to look into the
“social, economic, cultural and linguistic issues of the indige-
nous population in the State of Tripura”2 or in its justification for
the Citizenship Amendment Bill, 2019. The State government of
Jharkhand declared the International Day of the World’s Indig-
enous Peoples, celebrated on 9 August every year worldwide, a
state holiday.3

The right to land and forest resources, and free,


prior and informed consent diluted

T
he rights of Indigenous Peoples to land and forest resources have
been increasingly targeted through changes to forest and con-
servation laws.
200 IWGIA – The Indigenous World – 2024

On 4 August, despite stiff opposition from scientists, conservation-


ists, activists and Indigenous people, the Government of India passed
the Forest (Conservation) Amendment Act, 2023.4 The Act empowers
the central government to divert land without forest clearance from cer-
tain categories of forest lands. It provides exemptions from the man-
datory requirement of forest clearance for security-related linear pro-
jects within 100 kilometres of international borders or up to 10 hectares
for construction of defence-related projects or camps for paramilitary
forces or public utility projects in Left-Wing Extremism-affected areas.
The Act also allows for land acquisition for development, eco-tourism,
mining and security projects.5
The FCA Amendment Act, 2023 violates the forest rights of the
Scheduled Tribes and the right to free, prior and informed consent
(FPIC) of the Gram Sabhas under Section 4(e) of the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 20066 (FRA) and Section 4 of the Provisions of the Panchayats (Ex-
tension to the Scheduled Areas) Act, 1996 (PESA).7
The FCA Amendment Act, 2023 came into force on 1 December. A
Public Interest Litigation (PIL) was filed in the Supreme Court of India
challenging the constitutional validity of the amendments. However, on
30 November, the Supreme Court refrained from staying the amend-
ments after the central government assured that no ‘precipitative ac-
tion’ would be taken until guidelines had been framed for an exemption
from the definition of forest under the new law.8
Across India, the forest rights of Indigenous Peoples were thus vi-
olated. In the Parsa East and Kanta Basan (PEKB) coal mining project
being operated by the Adani Group in Hasdeo Arand forest in Chhattis-
garh, Indigenous communities face renewed onslaught.9 In December
2023, tree felling for the project started despite protests. Several Indig-
enous activists travelling to the area to protest against the large-scale
felling of trees were detained by the police on 22 December. Phase 2
of the mining for PEKB will affect Ghatbarra village, which will be “dis-
placed entirely”. However, as of today, the Ghatbarra Gram Sabha has
not given its consent for mining in the area. Previously, the tribals had
alleged that fake consent was obtained from the Gram Sabhas in the
Hasdeo Arand area.10
PART 1 – Region and Country Reports – India 201

Contradictory policy developments: the case of


Indigenous communities on the verge of extinction

Of all the Indigenous Peoples in India, some 75 groups are identified


as Particularly Vulnerable Tribal Groups (PVTGs) by the Government of
India, effectively on the verge of extinction. The total population of the
PVTGs as per the 2011 Census was 1,702,545, spread across 18 States
and the Union Territory (UT) of Andaman and Nicobar.11
On 15 November, Prime Minister Narendra Modi launched the Rs
240,000 million Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan
(PM-JANMAN) scheme for the PVTGs of India12 to provide a number of
facilities including housing, drinking water, sanitation, access to edu-
cation, health, nutrition, roads, telecom connectivity, and sustainable
livelihood opportunities.13
On the other hand, the government has continued with the
much-criticized Rs 72,000 crore (EUR 8,116.42 million) mega project on
Great Nicobar Island, which threatens the survival of two Indigenous
tribes – the Shompens and Nicobarese – who are classified by the Gov-
ernment of India as “PVTGs”. The first phase of the International Con-
tainer Transhipment Port (ICTP) project is to be commissioned in 2028
and the Detailed Project Report of the ICTP project is under finalization
to invite tenders in early 2024.14 Apart from ICTP, three other compo-
nents involve building an international airport, a township and a power
plant over 16,610 hectares of the Island.15
On 3 March 2023, the National Green Tribunal (NGT), a statutory
body that deals with the expeditious disposal of complaints related to
environmental protection and other natural resources temporarily put a
hold on the mega project on Great Nicobar Island while hearing a peti-
tion challenging the hasty clearances given to the project. The NGT con-
stituted a High-Powered Committee (HPC) to revisit the Environment
Clearance (EC) granted to the project.16 However, the NGT refused to in-
terfere with the environmental or forest clearances, saying the project
is of great significance not only for economic development but also for
defence and national security. The NGT’s stand was criticized by activ-
ists and conservationists.17
On 20 April, the National Commission for Scheduled Tribes (NCST)
also intervened in the matter by directing the administration of Anda-
man and Nicobar Island to submit facts and an “action taken” report.
202 IWGIA – The Indigenous World – 2024

The Commission also stated that the project was being undertaken
without “prior consultation with the NCST”.18
The Government of India also failed to submit any information to
the UN Committee on the Elimination of Racial Discrimination (CERD
Committee). In April 2022, the CERD Committee asked the govern-
ment to submit information, by 15 July 2022, on the measures adopted
to prevent any adverse and irreparable impact of the mega project on
the PVTGs.19 On 8 December, the CERD Committee expressed its regret
about the lack of response from India and urged the Government of In-
dia “to adopt all necessary measures to address the allegations men-
tioned above and to protect the rights of the PVTGs in Andaman and
Nicobar Islands.”20
Across India, alienation of the land rights of the tribals continues
unabated. On 14 November, the Odisha government decided to amend
the Odisha Scheduled Areas Transfer of Immovable Property (by STs)
Regulation, 1956, allowing the tribals to transfer their land to non-tribals
in Scheduled Areas with a written permission from the Sub-Collector. It
also allows the tribals to mortgage land with any public financial insti-
tution for purposes other than agriculture.21 On 24 November, the Odis-
ha government withheld its decision to amend the Regulation following
stiff opposition from tribal groups and opposition political parties. The
matter was referred to the Tribes Advisory Committee (TAC) for recon-
sideration of the decision. However, the decision was only “withheld”
and the TAC was headed by the Chief Minister, who approved the 14 No-
vember decision.22

Violations of Indigenous Peoples’ rights by security


forces and armed opposition groups

With the exception of Jammu and Kashmir, armed conflicts in India are
concentrated on the territories mainly inhabited by Indigenous Peoples.
Indigenous Peoples were the victims of human rights violations in 2023,
including death in custody and torture.
Some of the cases reported included torture such as rubbing of
green chilies in the eyes and private parts of seven Indigenous men,
including a minor, aged 17, by police during their illegal detention in Vil-
lupuram, Tamil Nadu from 25 to 28 February on charges of theft;23 kill-
PART 1 – Region and Country Reports – India 203

ing of an 18-year-old Indigenous man by police firing during a protest


in Madhya Pradesh on 15 March;24 torturing to death of a 23-year-old
Indigenous man by police officers and Forest Department officials in
Uttarakhand on 20 March;25 killing of a 33-year-old Indigenous man
by police firing during a protest in West Bengal on 27 April;27 custodial
torture of a 40-year-old Indigenous man by a police officer in Madhya
Pradesh for refusing to pay a bribe to settle a case related to an illegal
liquor sale on 7 July; death in custody of a 41-year-old Indigenous man
from Manipur after his arrest in Andhra Pradesh on 16 July;28 arrest of
a 30-year-old forest rights activist after allegedly implicating him in a
false case for protesting against the illegal felling of trees by timber ma-
fia in Madhya Pradesh on 29 August;29 death of an Indigenous man due
to lack of timely medical care during judicial custody in Chhattisgarh
on 4 September after his arrest in connection with a case of alleged
encroachment on land;30 and death of a 30-year-old Indigenous man
following alleged torture by police after he was detained for creating a
ruckus in Madhya Pradesh on 23 August.31
A number of Indigenous Peoples in the North-Eastern region and
the Naxalite-affected areas in the “tribal belt” were victims of human
rights abuses in 2023, including extrajudicial killings by security forc-
es. The incidents included the killing of an Indigenous man by police in
a case of mistaken identity during an encounter in Assam on 24 Feb-
ruary;32 killing of two Indigenous men by security forces in an alleged
fake encounter in Chhattisgarh on 5 September;33 killing of a 24-year-
old Indigenous man from Arunachal Pradesh by officials of the Assam
Forest Department due to disproportionate use of firearms in Assam on
18 September;34 and death of three Indigenous men and injuries to five
others in the custody of the Army due to alleged torture during ques-
tioning in connection with the killing of four soldiers by militants in Jam-
mu and Kashmir on 23 December.35
Armed opposition groups (AOGs), especially the Maoists, contin-
ued to target Indigenous Peoples during 2023 on charges of being “po-
lice informers”, in clear violations of international humanitarian laws.
The victims of Maoist violence included a tribal man who was beaten
to death with sticks in Andhra Pradesh on 4 January;36 a 26-year-old
tribal student killed after he was abducted in Maharashtra on 9 March;37
a tribal man killed in Odisha on 10 May;38 a 40-year-old tribal man killed
in Odisha on 19 October;39 a 32-year-old tribal man killed following ab-
204 IWGIA – The Indigenous World – 2024

duction in Maharashtra on 15 November;40 and a tribal man also killed in


Maharashtra on 24 November.41
In north-east India, killings of Indigenous People by AOGs were
largely reported from Manipur, where ethnic violence is ongoing be-
tween the majority Meitei community and Kuku-Zo tribals since 3 May
following the Meiteis’ demand for Scheduled Tribe status. Instances in-
cluded three Kuki tribal men, aged 20, 31 and 35, who were allegedly
tortured, stabbed and their limbs dislocated before being shot at close
range by suspected militants in Ukhrul district on 18 August while they
were guarding their village;42 killing of three tribals belonging to the Kuki-
Zo community, and the killing of another two Kuki-Zo men allegedly by
suspected militants in Kangpokpi district.43, 44 Armed groups belonging
to Kuki-Zo tribes were also allegedly involved in targeting and killing of
Meitei people in the continuing ethnic violence.45 In Arunachal Pradesh,
a tribal leader and former Member of the Legislative Assembly was shot
dead by a suspected militant on 16 December.46

Situation of Indigenous women

The individual and collective rights of Indigenous women and girls are
regularly denied or violated in private and public spaces. Sexual vio-
lence, trafficking, killing or being branded a witch, militarization or State
violence, and the impact of development-induced displacement re-
main major issues faced by women and girls.
In its latest report “Crime in India 2022”, published on 3 December
2023, the National Crime Records Bureau (NCRB) recorded a total of
1,347 cases of rape against Indigenous women and girls in 2022.47 The
sexual assaults were perpetrated by both civilians and security forces/
government officials.
On 18 July, a horrific video of two Indigenous women being paraded
naked and sexually assaulted by a mob in Manipur amid the ongoing
ethnic violence sparked nationwide outcry. The mob also killed two In-
digenous men who tried to protect the women. The victims were report-
edly abducted from police custody in Kangpokpi district on 4 May but
the incident came to light only on 19 July. The police did not act after the
first complaint was lodged on 18 May and did not arrest the culprits even
after the First Information Report (FIR) was transferred to the nearest
PART 1 – Region and Country Reports – India 205

police station on 21 June. The first arrest was made on 19 July, 77 days
after the assault and a day after the video of the incident went viral.
Pursuant to a complaint filed by the Indigenous Lawyers Association
of India (ILAI), the Manipur government informed the National Human
Rights Commission (NHRC) during its open camp hearing in Guwahati,
Assam on 17 November that compensation of Rs. 1,300,000 each was
paid to the two sexual assault survivors and the criminal case was be-
ing investigated by the Central Bureau of Investigation (CBI).48
In another gruesome case from Manipur, two Indigenous women,
aged 21 and 24, were abducted, tortured, gang-raped and murdered by
a mob of some 100-200 persons in the state’s capital, Imphal, on 5 May.
There was serious police inaction despite a complaint being filed and a
FIR registered. This case is also being investigated by the CBI.49
Elsewhere, the trend of sexual violence against Indigenous women
and girls continued both on the part of security forces/government of-
ficials and non-tribals.
On 4 January, a 30-year-old Indigenous woman was raped and
murdered, allegedly by forest officials in a forest in Bihar when she went
to collect firewood.50 On 15 June, five Indigenous women from Tamil
Nadu were allegedly subjected to sexual harassment and torture by six
policemen in Andhra Pradesh after they were arrested.51 On 15 August,
a tribal woman was forcibly picked up, tortured and her modesty out-
raged by police in Telangana. The police claimed that the victim was
brought to the police station for creating a nuisance.52 On 18 November,
a young tribal girl was raped and physically assaulted by two Beat Con-
stables of the Forest Department in Madhya Pradesh. The victim was
called to the forest outpost by the two accused on the pretext of cook-
ing food for them.53
Some of the reported cases of Indigenous women/girls targeted
for sexual violence by non-tribals/upper castes during 2023 includ-
ed a 12-year-old tribal girl who was gang-raped by three youths from
a dominant caste in Madhya Pradesh on 15 January;54 a tribal woman
who was kidnapped and gang-raped by three youths in Odisha on 19
January;55 two young tribal girls, aged 14 and 17, who were gang-raped
by five men in Odisha on 16 April;56 a 20-year-old tribal woman gang-
raped in front of her husband by around seven individuals while return-
ing home after attending a fair in Jharkhand on 27 April;57 the rape of
four Irula PVTG tribal women, aged between 19 and 30 years, by their
206 IWGIA – The Indigenous World – 2024

employer, who kept them as bonded labourers and subjected them and
their families to ill-treatment, humiliation and torture at a woodcutting
unit in Tamil Nadu in May;58 a 16-year-old tribal girl who was abducted
and gang-raped by eight non-tribals while she was on the way from a
marriage function along with her uncle in Bihar on 6 June;59 a 15-year-
old tribal girl who was abducted and raped by two influential persons
in Maharashtra on 10 June;60 a 26-year-old tribal woman labourer was
gang-raped by her employer in Maharashtra on 19 June;61 a 50-year-old
tribal woman who was gang-raped and murdered by three non-tribals in
Madhya Pradesh on 22 June;62 two young tribal girls, aged 14 and 16, who
were gang-raped by seven individuals while they were grazing goats in
a forest area in Madhya Pradesh on 13 July;63 a 17-year-old tribal girl who
was raped, her eyes gouged out and killed for refusing sexual advanc-
es from two upper caste persons in Madhya Pradesh in the intervening
night of 24 and 25 August;64 and a 21-year-old tribal woman raped and
physically assaulted by a deputy Sarpanch (village head) under threat
in Madhya Pradesh on 20 November.65

Indigenous Peoples are the largest group of


Internally Displaced Persons in India

Apart from the Kashmiri pandits and Meiteis of Manipur, most of the
Internally Displaced Persons (IDPs), both conflict and development-in-
duced, are Indigenous Peoples. The Government of India does not have
any data on the number of Indigenous Peoples internally displaced by
industrial and infrastructure projects or armed conflicts.
In 2023, the ethnic conflict in Manipur, displaced around 70,000
people, mostly Indigenous people belonging to Kuki-Zomi tribe who
were forced to take shelter in relief camps in the state as well as neigh-
bouring states.66
Those displaced from Manipur were forced to live in pitiable condi-
tions with shortages of essential items, including food and medical sup-
plies in the relief camps. On 1 September, the Supreme Court directed
the central and state governments to ensure basic supplies of food and
medicine to the displaced people in Manipur.67 Some 12,000 displaced
Indigenous persons who had fled to Mizoram were living in deplorable
PART 1 – Region and Country Reports – India 207

conditions in relief camps due to the lack of assistance from the central
government despite the requests of the Mizoram government. Acting
on a complaint filed by ILAI, the Mizoram government confirmed to the
NHRC that it had received no assistance from the central government
and “has been managing the IDPs with monetary contribution from
MLAs, Corporators, Departments of Central and States Governments,
Churches, NGOs”. The matter is now under consideration of a full com-
mission of the NHRC.68
The resettlement of the Brus, also known as Reangs, who were dis-
placed from Mizoram due to ethnic violence in 1997, in Tripura was not
fully completed by the year’s end. In October, the general secretary of
Mizoram Bru Displaced Peoples’ Forum (MBDPF) alleged that over 600
Bru families, out of 6,953, had not been resettled in new areas.69 Further,
some 2,000 Bru families had not been paid their monthly allowance of
Rs. 5,000 since October 2022, thereby putting the displaced families in
great financial difficulty and distress.70
The displaced Gutti Koya Indigenous people from Chhattisgarh who
sought shelter in Telangana and Andhra Pradesh due to the conflict be-
tween the Salwa Judum and Maoists in 2005 continued to be at risk of
forcible eviction. Acting on a complaint filed by the ILAI on the eviction of
the Gutti Koya displaced persons, the NHRC directed its Special Rappor-
teur for Andhra Pradesh to make enquiries into the matter and submit a
report to the NHRC. Pursuant to the directions of the NHRC, the Special
Rapporteur submitted the enquiry report (30 January) confirming the
allegations of forced evictions to be “true”, together with molestation
of four Guthi Koya women, merciless violations of human rights on an
unprecedented scale, only 13,000 acres out of 1,024 million acres being
encroached, abysmal poverty and denial of fundamental facilities, stop-
ping of the issuance of the Scheduled Tribes certificates to Guthi Koyas
Tribes without any official communications etc., and no response from
the relevant authorities on sharing of policy document that reflect the
way and manner through which the field-level officers are handling the
Guthi Koya issue.71 The case is under adjudication and the NHRC also
directed that, without due process, the tribals should not be evicted.
The rights of Indigenous Peoples are often violated in the process
of evictions or acquiring of lands for business and infrastructure devel-
opment.
208 IWGIA – The Indigenous World – 2024

On 16 January, the National Commission for Scheduled Tribes


summoned the Collector of Jalgaon district, Maharashtra in connection
with a complaint alleging unlawful purchase of tribals’ land by a private
company with forged documents.72
On 11 April, 29 Indigenous families were forcibly evicted by Forest
Department officials in Manipur. The Forest Department also disman-
tled their houses claiming that they were forest land encroachers. How-
ever, the evicted tribals claimed that they had been living in the two vil-
lages since 1961.73
On 18 April, a 30-year-old Indigenous man belonging to the Jenu
Kuruba tribe died due to alleged torture by Forest Department officials
in Nagarahole Tiger Reserve, Karnataka, after he was caught fishing at
Kabini backwaters.74
On 24 May, an Indigenous man was killed and four others, including
two women, were beaten by non-tribals, including a police constable,
after they protested against the grabbing of their land in Jharkhand.
The accused police constable and his associates were trying to grab
the land. A police complaint was filed from the victims’ side but no ac-
tion was taken.75
On 13 August, a tribal couple attempted suicide, perturbed at the
forcible attempts by a government official and others to illegally grab
their land in Telengana. Prior to the suicide attempt, the couple had
submitted a number of representations to the officials concerned to
safeguard their land. And yet no prompt action was taken by the au-
thorities.76

NAGA HOMELAND

The Naga ancestral land is a geographically compact territory “strad-


dling the official boundary of India and Burma/Myanmar, from just
south of the Chinese border.”77 However, when the British colonial forces
intruded into Naga territory, they divided Naga land and placed it under
different powers to “satisfy their allies, and each time the lines inevita-
bly moved further inside the Naga country.”78 The international bound-
ary runs across Naga territory thereby separating the people between
two countries, India and Burma, who in turn further divide the Nagas
into different states and regions.79
PART 1 – Region and Country Reports – India 209

Naga Peoples and their lands – The soul of self-determination


Like most Indigenous Peoples, Naga peoples are intrinsically connect-
ed to their geography and their continuing history. This connection is
reflected in the Naga political identity, which is closely interwoven with
the Naga concept of land and territories. The land is far more sacred
and inclusive through Naga eyes, as it represents “territory, place,
homeland, culture, religion” and encompasses “water, forests, rocks,
stones on the ground, the mineral below ground, and the clouds and sky
above ground.”80
Land is not simply a commodity to be parcelled off, labelled and
exploited but is alive, life-giving, and in a relationship with humans.81
The land enables the Nagas to become “fully human as creators of
culture”.82 This fundamentally means that Nagas cultivate the land to
transform their lives and, by acting with it, create a new world.83
In the summer of 2023, the President of Konyak Union spoke on
the continuing violence and trauma of colonisation while interacting
with the Recover Restore and Decolonise Team of the Forum for Naga
Reconciliation (see more about this in the next section). He said, “These
divisions created since the British times continue to hurt us. First, we
were split into India and Burma. Later, we were further separated into
Assam, Nagaland, and Arunachal Pradesh by the Indian government.”84
He says this policy was a “colonial project, and the trauma of that divi-
sion continues to cause great suffering and grief to this day.”85
The violent division of the Naga territory by artificial boundaries
and the continuing militarisation has turned their land into one of the
most geographically divided and complex areas in the region. This so-
cial and territorial fragmentation impedes the Naga peoples’ identity
and right to self-determination by fracturing their relationship with his-
tory and geography, which is leading to a “steady de-recognition of the
peoplehood of the Nagas.”86

Interregnum and decolonisation


In many ways, 2023 was a continuation of 2022 with no significant shift
away from the existing macro trends of previous years. The 26-year-old
protracted peace process87 continued without leading to any genuine
resolution, thereby inducing an interregnum. Naga society continues
to be further entrenched with new divisions and alignments within the
Naga political movement and Naga civil society. In the absence of a po-
210 IWGIA – The Indigenous World – 2024

litical solution, “Nagas have been living within a culture of perpetual flux
which is eroding the core foundational values and worldviews of life and
co-existence” where “their culture and world are not defined and deter-
mined by themselves and for their own purposes,”88 but by State and
corporate interests that have filled the interregnum.
The weakening of Naga societal values and traditional institutions
has fuelled several phenomena, including the unchecked migration of
people, a consolidation of market forces with more multinational cor-
porations in Naga territories, an assimilation of culture, increasing pres-
sure on Indigenous land and resources, a growing drug trade and drug
abuse,89 and rising tensions between the idea of State-centric develop-
ment and Indigenous land ownership systems.
Despite these negative trends, the ceasefire between the Govern-
ment of India (GoI) and the various Naga political groups has held. While
the political solution remains elusive, the process did not lapse into
armed confrontation. Even though there were isolated incidences of
factional violence and splintering between some of the Naga groups,90
their resolve to support Naga reconciliation remained.
2023 was also a year that Naga women broke gender barriers
when Salhoutuonuo Kruse and Hekani Jakhalu became the first women
elected to the Nagaland Legislative Assembly, in which Kruse also be-
came the first Naga woman minister. This was the first time that wom-
en have been directly elected in parliamentary or assembly elections in
Nagaland.91
With the ceasefire holding, the democratic space has continued to
expand with vibrant dialogue and public engagement on critical social
issues. These conditions have created opportunities for Nagas to con-
nect with the outside world, in addition to opening many avenues for
building collaboration, partnerships and institutions, especially around
areas of education, business, entrepreneurship, creative arts, music
and tourism.
One critical intervention that broadened the scope of inter-gen-
erational dialogue in 2023 was through the Forum for Naga Reconcil-
iation’s (FNR) initiative called Recover Restore and Decolonise (RRaD).
FNR “has been facilitating a process to develop and enable a Naga
response around the future care of Naga ancestral human remains”92
taken during the British colonial period and which are currently housed
in the Pitt Rivers Museum in Oxford, UK. The RRaD Team visited Naga
PART 1 – Region and Country Reports – India 211

towns and villages where they engaged in a participatory process of


dialogue and storytelling. This experience enabled people to connect
the past, present and future around questions of colonisation, decol-
onisation, generational trauma of colonial violence, healing and unity,
identity, and territory.

Identity politics
In 2019, the Union Cabinet approved removing the generic term “any
Naga tribes” in Arunachal Pradesh and replacing it with the specific
names of the tribes.93 In 2023, questions about identity continued. The
Rengma Naga People’s Council of Karbi Anglong in Assam opposed re-
moving the word “Rengma” when East Rengma Mouza was renamed
East Mouza.94 The removal of the name “Rengma” denies their self-defi-
nition as Nagas in a relationship with their ancestral land, “alienating
them from their [I]ndigenous rights, and de-legitimizing their identity
as a people.”95 Removing the Naga identity in states like Assam and
Arunachal Pradesh where Nagas are a minority further fractures the
collective identity. This negates the Naga aspiration to live together as
a people and exercise their right to self-determination.
For the Nagas whose territory falls under the administrative state of
Manipur, 2023 was a year of anxiety and uncertainty. The identity-based
conflict between the Meitei and Kuki-Zo people in Manipur, which began
on 3 May 2023,96 has greatly impacted the Nagas. The ongoing conflict
has led to the loss of lives, gender-based violence, destruction of prop-
erties, distortion of history and the dehumanisation of each other.
This history of identity conflict was institutionalised during the
British colonial rule. What triggered the violence in Manipur was a rec-
ommendation made by the Manipur High Court to the state govern-
ment to include Meiteis in the Scheduled Tribe category.97 The conflict
involves questions of land, resources, identity, economics, and govern-
ance. One concern is that the violence will evict tribals from their land,
thereby making way for private industries and businesses for mining.98
The Naga people are not part of this ongoing conflict. However,
with violence also perpetuated in Naga territories, daily lives are affect-
ed. A few violent incidents against Naga individuals led to a loss of life.
While these incidents were seen as attempts to provoke and draw the
Nagas into the conflict, the United Naga Council, Manipur urged the
Meitei and Kuki-Zo people to refrain from “hostile acts and to hold an
212 IWGIA – The Indigenous World – 2024

immediate ceasefire from intermittent firing.”99 Furthermore, the Naga


Legislators Forum, Manipur told the Home Minister of India that “in the
event of any arrangements” between the Meitei and Kuki-Zo, “Naga ar-
eas should not be touched … Naga people should be consulted properly
… that arrangement for the Nagas should be as per the outcome of the
Indo-Naga Peace process.”100
Within Nagaland State, the Eastern Nagaland People’s Organi-
sation’s (ENPO) demand for a separate Frontier Nagaland state has
gained momentum.101 Following several years of rallies, petitions and
negotiations, ENPO accepted GoI’s proposal to form a Frontier Naga
Territory with legislative, executive, administrative and financial auton-
omy.102 Accordingly, the proposed set-up is to be reviewed after a period
of 10 years to assess its efficacy in fulfilling the people’s aspirations in
the region. The ENPO accepted the proposal “without insisting on di-
viding the Nagaland State” considering the Naga sentiments towards
unity and togetherness.103
Since 2021, Nagas in Burma have been directly impacted by the
military coup as the ongoing armed conflict has intensified. Many Na-
gas in the east of the Naga territories have been displaced and forced to
seek refuge, across the international border, with Nagas in the west.104
Burma’s volatile political situation continues to disturb the well-being of
the Nagas in Burma.
Consequently, the changing geopolitics of the South Asia and
Southeast Asia regions continues to affect the destiny of the Nagas.

Commodification of land, resources and development


Over the past decade, market forces have grown considerably and sys-
tematically consolidated their presence in Naga territories. This has
led to various trajectories around materialism, land commodification,
ownership patterns, land-based disputes, mono-cropping, State-cen-
tric development versus people’s development, and the question of
extracting minerals and other natural resources. Some examples from
2023 that demonstrate the increasing tensions are:

• The Forest (Conservation) Amendment Act, 2023, passed by


the Indian Parliament on 26 July 2023,105 is being contested
by the north-east states, including Mizoram and Nagaland,
who argue that the law undermines their autonomy in forest
PART 1 – Region and Country Reports – India 213

management, affecting special entitlements granted under


Article 371 and the Sixth Schedule of the Constitution. Local
councils fear a loss of decision-making power and threats to
traditional land ownership, while ecologists highlight the po-
tential impact on biodiversity and concerns over forest diver-
sions for commercial purposes.106 The Nagaland Community
Conservation Area Forum labels the Act as unconstitutional,
undemocratic, and unacceptable.107 The Nagaland Legislative
Assembly passed a resolution stating that the Forest (Con-
servation) Amendment Act, 2023, would be applicable only if
the constitutional guarantees provided for in Article 371A were
adhered to in order to safeguard tribal communities' existing
rights to forest lands and resources.108
• Land in Nagaland State is owned by the people. Because of
this landholding system, the Annual Administrative Report
2022-23 of the Planning & Coordination Department of the
Government of Nagaland said, “The issue of land ownership is
the biggest hurdle in taking up developmental activities. And
therefore, Government has to purchase land from private indi-
viduals for taking up of developmental activities.”109 Landown-
ers have often been told by the government not to “obstruct
progress”.110 The traditional landholding system has thus been
projected as an obstacle to development. There are concerns
angling to shift the land tenure from community-owned to pri-
vate ownership.111
• Significant push for oil palm cultivation in the north-east,
including in the Naga territories of Nagaland State and some
Naga districts in Manipur, which involves big companies. The
Kezekevi Thehou ba (Peace Morung) said the “bid to push
oil palm cultivation in North East rings alarm bells” and oil
palm plantation in Nagaland State, which began with 140 ha
in 2015-2016, had grown to 4,623 ha by 31 March 2021.112 As
of July 2023, the plantation area had increased to 5,423 ha,
which is a 39-fold growth since 2015.113
A report pointed out that the forest lands targeted for oil palm
plantation “are crucial for biodiversity, climate resilience and
protecting the interests of [I]ndigenous cultures, their life-
styles and livelihoods”.’114 It said that due to “ecological and
cultural significance, the North-East should be a ‘No-Go’ area
for oil palm cultivation.”115
214 IWGIA – The Indigenous World – 2024

• Oil and gas exploration in the Naga context is intimately “in-


tertwined with the Naga political issue.”116 For this very reason,
oil extraction in the villages of Changpang and Oil Tssori by the
Oil and Natural Gas Corporation Limited were halted in 1994
due to protests and opposition by communities and organi-
sations. In April 2023, the Assam and Nagaland governments
agreed in principle to resume oil and gas exploration in con-
tested areas while considering an out-of-court settlement for
their long-standing border dispute.117 According to reports, the
two governments proposed that they would equally share the
proceeds from the exploration, aiming to address economic
losses caused by the border dispute.118
The agreement to resume oil and gas exploration once again
brought the question of oil to the fore. Public opinion differed
among several civil society organisations and business as-
sociations as well as others. The National Socialist Council
of Nagalim (Isak Swu and Th. Muivah) stated that: “Unless an
honourable political settlement between the Nagas and Gov-
ernment of India is reached, no exploration of oil and natural
gas in Naga territories in any form shall be allowed.”119 Simi-
larly, the Working Committee of the Naga National Political
Groups said, “As and when political Agreement is inked, nat-
ural resources including fossil fuels will be explored, extracted
and utilised for the benefit of Naga people.”120

Conclusion: Just peace and self-determination


The events and trends of 2023 are once again a reminder that a reso-
lution of the Naga political question is imperative because Naga polity
and future revolves around it and requires finding a new path forward.
The Naga conflict is “one of the world’s least-known, but long-
est-running and bloodiest armed conflicts,”121 and “one of the most
persistent and least-known struggles of [I]ndigenous [P]eoples in the
world today.”122
In response to the colonial incursions into their territories, the Na-
gas initiated “their own national movement for regaining of their sover-
eignty”123 and is “the oldest of the self-determination struggles.”124
India’s position was (and remains) “that the Indian Union legally
includes all the territories formerly embraced by British India”125 and it
PART 1 – Region and Country Reports – India 215

claims that “Nagaland forms an integral part of India and that complete
independence for the Nagas is a preposterous proposition.”126 The Na-
gas maintain that: “When the British left India, Nagaland was not part of
India, but under direct occupation”127 and that their struggle for self-de-
termination was “part of the unfinished decolonization of the Indian
subcontinent.”128
Over the decades, the Indo-Naga relationship has been an inter-
play of statecraft, militarisation, and some form of peace agreements.
Despite appeals and petitions for a final solution to the current In-
do-Naga political negotiations,129 the outcome of the 26-year-old peace
process remained elusive throughout 2023. Now, the peace process
seems to be frozen.
In December 2023, Naga National Political Groups (NNPGs) stated
that Indo-Naga political negotiations had been “concluded, not dead-
locked”130 while the National Socialist Council of Nagaland (NSCN), in its
last round of formal talks on 14 November 2023, said it was “not conclu-
sive but not deadlocked.”131
The Indo-Naga process offered an opportunity to imaginatively ex-
plore creative ways of finding resolutions to self-determination and sov-
ereignty-based conflicts. However, over the years it has become more
apparent that the GoI’s approach is designed to manage the conflict
through a State-centric bureaucratic negotiating process that focuses
on short-term gains without making concessions rather than addressing
the core political issues in order to find sustainable resolutions. There is
an increasing need to shift away from the current Westphalian approach
of peace towards one in which a relational understanding of territory,
justice and self-determination is the cornerstone of a just peace.
In the Naga cultural worldview, it is the people who define the land
and its destiny based on the historic continuity and relationship they
share. However, the question as to whether or not the Naga people can
determine the destiny of their land and territories continues to decisive-
ly impact on the present, and will also shape their polity in the coming
years. The Naga peoples’ ability to cultivate, interact and be interrelated
and interdependent with their land defines their self-determining ca-
pacities which, in turn, empowers the Nagas’ ability to be self-trans-
forming. When Indigenous Peoples freely exercise their self-deter-
mining ability over their land, then just peace, renewal, healing and
reconciliation processes will emerge.132
216 IWGIA – The Indigenous World – 2024

Notes and references


1. Since the Scheduled Tribes or “tribals” are considered India’s Indigenous
Peoples, these terms are used interchangeably in this text.
2. Government of India, Ministry of Home Affairs, North East Division.
11011/53/2012-NE-V. 27 September 2018. https://mha.gov.in/sites/default/files/
filefield_paths/HLC_Tripura.PDF
3. “World Indigenous People’s Day: Jharkhand CM declares public holiday,
Congress plans grand celebration.” The Times of India, 9 August 2020.
https://timesofindia.indiatimes.com/city/ranchi/world-indigenous-
peoples-day-cm-declares-public-holiday-cong-plans-grand-celebrations/
articleshow/77438738.cms
4. The Forest (Conservation) Amendment Act, 2023, https://egazette.gov.in/
WriteReadData/2023/247866.pdf
5. Ibid
6. The Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006. https://www.indiacode.nic.in/
bitstream/123456789/8311/1/a2007-02.pdf
7. The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.
https://www.indiacode.nic.in/bitstream/123456789/1973/1/A1996-40.pdf
8. “SC refrains from staying amendments to Forest Conservation Act.”
Hindustan Times, 30 November 2023. https://www.hindustantimes.com/
india-news/screfrains-from-staying-amendments-to-forest-conservation-
act-101701337562226.html
9. “Hasdeo Arand Deforestation Raises Questions of Adivasi Justice for
Chhattisgarh’s First Tribal CM.” The Wire, 2 January 2024. https://thewire.in/
rights/hasdeo-arand-deforestation-raises-questions-of-adivasi-justice-for-
chhattisgarhs-first-tribal-cm
10. Ibid
11. “Advisory on protection of Human Rights of the PVTGs amid Covid-19.” NHRC,
3 June 2021. https://nhrc.nic.in/sites/default/files/NHRC%20Human%20
Rights%20Advisory%20for%20PVTGs%20amid%20Covid-19.pdf
12. “PM Modi launches Rs 24,000-crore scheme for vulnerable tribal groups.”
The Indian Express, 16 November 2023. https://indianexpress.com/article/
india/pm-modi-launches-rs-24000-crore-scheme-for-vulnerable-tribal-
groups-9028379/
13. “Cabinet approves Rs 24k-cr tribal welfare scheme.” The Indian Express, 30
November 2023. https://indianexpress.com/article/india/cabinet-rs-24k-cr-
tribal-welfare-scheme-9047521/
14. “NGT’s Stand on Nicobar Mega Project Disappointing, Say Conservationists.”
The Wire, 8 April 2023. https://thewire.in/environment/ngt-great-nicobar-
project-disappointing#:~:text=Kochi%3A%20The%20National%20Green%20
Tribunal,affect%20indigenous%20communities%20and%20damage
15. Ibid
16. Ibid
17. Ibid
18. “Great Nicobar project: NCST launches probe into allegations of ‘adverse’
impact on local tribals.” The Print, 20 April 2023. https://theprint.in/india/great-
nicobar-project-ncst-launches-probe-into-allegations-of-adverse-impact-on-
local-tribals/1547332/
19. INT_CERD_ALE_Ind_9556_E. April 29, 2022. https://tbinternet.
PART 1 – Region and Country Reports – India 217

ohchr.org/_layouts/15/treatybodyexternal/Download.
aspx?symbolno=INT%2FCERD%2FALE%2FInd%2F9556&Lang=en
20. INT_CERD_ALE_IND_9937_E. 8 December 2023. https://
tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.
aspx?symbolno=INT%2FCERD%2FALE%2FIND%2F9937&Lang=en
21. “Odisha govt allows ST people to sell their land to non-tribals; can also
mortgage for non-agriculture purpose.” The Indian Express, 15 November 2023.
https://indianexpress.com/article/cities/bhubaneswar/odisha-govt-st-sell-
land-non-tribals-mortgage-non-agriculture-purpose-9026912/
22. “Orissa rescinds decision on sale of tribal land to non-tribals amid criticism.”
Hindustan Times, 24 November 2023. https://www.hindustantimes.com/india-
news/orissa-rescinds-decision-on-sale-of-tribal-land-to-non-tribals-amid-
criticism-101700817585135.html
23. NHRC Case No. 1356/22/42/2023 filed by ILAI on 2 May 2023
24. “MP teen dies in police firing during stir over death of tribal woman.”
Hindustan Times, 16 March 2023. https://www.hindustantimes.com/cities/
delhi-news/mp-teen-dies-in-police-firing-during-stir-over-death-of-tribal-
woman-101678989970615.html
25. NHRC Case No. 217/35/9/2023 filed by ILAI on 22 March 2023.
26. NHRC Case No. 1222/25/16/2023 filed by ILAI on 27 April 2023.
27. NHRC Case No. 1803/12/25/2023 filed by ILAI on 17 July 2023.
28. “Vijayawada -Three policemen suspended after Kuki tribal man of Manipur
dies in custody.” The Hindu, 23 July 2023, https://www.thehindu.com/news/
national/andhra-pradesh/vijayawada-custodial-death-of-a-kuki-tribe-of-
manipur-creates-tension-in-police-station-three-policemen-suspended-four-
sent-to-vr/article67112356.ece
29. NHRC Case No. 2168/12/52/2023 filed by ILAI on 31 August 2023.
30. NHRC Case No. 493/33/25/2023-AD filed by ILAI on 8 September 2023.
31. “MP: Tribal Man Detained By Police Found Dead At Home In Raisen.” The Free
Press Journal, 25 August 2023. https://www.freepressjournal.in/bhopal/mp-
tribal-man-detained-by-police-found-dead-at-home-in-raisen
32. “Udalguri encounter: Justice sought for Dimbeswar Muchahary’s family.” The
Sentinel, 5 April 2023. https://www.sentinelassam.com/guwahati-city/udalguri-
encounter-justice-sought-for-dimbeswar-muchaharys-family-644062
33. “Chhattisgarh: Families of two ‘Maoists’ killed allege police staged ‘fake encounter.’”
Scroll.in, 13 September 2023, https://scroll.in/latest/1055910/chhattisgarh-
families-of-two-maoists-killed-allege-police-staged-fake-encounter
34. “Youth fatally shot near reserved forest area; locals accuse Assam’s forest
battalion.” The Arunachal Times, 20 September 2023. https://arunachaltimes.
in/index.php/2023/09/20/youth-fatally-shot-near-reserved-forest-area-locals-
accuse-assams-forest-battalion/
35. “Army faces flak over custodial death of three tribal Gujjar men in Jammu and
Kashmir.” Telegraph India, 24 December 2023. https://www.telegraphindia.
com/india/army-faces-flak-over-custodial-death-of-three-tribal-gujjar-men-
in-jammu-and-kashmir/cid/1988995
36. “Maoists brand tribal as police informer, kill him.” The New Indian Express, 6
January 2023. https://www.newindianexpress.com/states/telangana/2023/
jan/06/maoists-brand-tribal-as-police-informer-kill-him-2535208.html
37. “Maharashtra: Maoists killed a tribal student after branding him a police
informer in Gadchiroli.” Organiser, 14 March 2023. https://organiser.
org/2023/03/14/164839/bharat/maharashtra-maoist-killed-a-tribal-student-

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