Nilgiris Biosphere Reserve - Equitable Tourism Options

169, is yet to be ratified by the Gbvernment of India. There are. of
course. Customary Laws of the indigenous/tribal peoples in every
indigenous community which need to be considered in a broader
perspective. This paper aims at evoking a discussion on the areas
concerning the Fifth Schedule and the Panchayats Extension Act,
1996, of the Constitution of India and its relevance to the rights of
indigenous peoples in general. Secondly, this paper tries to explain
the perspective of the peoples' movements which have fought
against the policies of the present Government, such as the efforts
to amend the Fifth Schedule to the Constitution. Thirdly, this paper
also focuses on the perspective of tribal and indigenous peoples
pertainingJo their rights.
The Fifth Schedule
The Fifth Schedule is incorporated in the Constitution of India to
allow the character and life oftribal peoples to exist side by side with
the general population. Article 244(1) of the Constitution
encompasses the wordings of the Constitution makers that
convincingly expressed the tribal people of the Scheduled Areas
having distinct identity, their rights need to be protected. and
therefore, special provisions laid down in the Fifth Schedule to the
Constitution. The said Article of the Constitution includes the rights
of the tribal people, with special mention of the land of the tribal
peoples and related regulation. Section 5 (2) of the Fifth Schedule
refers to land and its ownership as follows:
5. Law applicable to Scheduled Areas -
(2) The Governor may make regulations for the peace and good
government of any area in a State which is for the time being a
Scheduled Area. In particular, and without prejudice to the generality
oftheforegoing power, such regulations may
(a) prohibit or restrict the transfer of land by or among members of
the Scheduled Tribes in such area;
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