The Supreme Court on 3rd
July declared the forest area inhabited by Jarawa tribes a ‘no go’ zone for
tourists or any other person. The court asked the Andaman administration to
strictly implement this order and also said that any violation shall be
punishable as a contempt of court. The order was taken to stop the exploitation
of the tribal men and women by the tourists and forest guards. Videos showing
Jarawa women dancing before tourists had prompted the enquiry.
Protection of indigenous groups
under the law
The working group on indigenous
population was established in 1982 by the sub commission on prevention of
discrimination and protection of minorities and it prepared a draft declaration
on the rights of indigenous people. The Draft Declaration on the Rights of
Indigenous Peoples grants the right to enjoy all human rights, the right to
equality and self determination, the right to nationality and the right to
special protection during armed conflict. Under the declaration, indigenous
people have a right to live in peace and to maintain their distinct culture. They
have a right to dignity and to practice their traditions and customs.
International humanitarian law
demands that the indigenous groups are protected in their natural habitat along
with the preservation of their cultural practices.
Under the Constitution of India,
right to movement can be reasonably restricted in tribal zones. The protection
and preservation of tribal groups is a valid ground for restricting people from
visiting their area.
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