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Customary Law and Land Rights: The Cautionary Tale of India, Jharkhand, and the Chotanagpur Tenancy Act

  • Amrita Mukherjee
Chapter
Part of the Palgrave Socio-Legal Studies book series (PSLS)

Abstract

On 13 September 2007, India joined 142 other members of the United Nations General Assembly for voting in favour of the UN Declaration on the Rights of Indigenous Peoples. Article 26 of that document guarantees to Indigenous people the ‘right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired’, and obligates states to ‘give legal recognition and protection to these lands, territories and resources’. In providing this recognition, states should provide ‘due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned’.

References

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Legislation

  1. Chotanagpur Tenancy Act 1908.Google Scholar
  2. Constitution of India.Google Scholar
  3. United Nations Declaration on the Rights of Indigenous People.Google Scholar
  4. Wilkinson’s Rule (WR) 1837.Google Scholar

Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Amrita Mukherjee
    • 1
  1. 1.University of LeedsNewtownUK

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