Unheard Voices: Expanding The Constitutional Protection For Indigenous People

Indigenous communities worldwide share a profound connection with their land, treating it as both a cultural identity and a resource for survival. This paper examines how the Indian Constitution, particularly Article 21, can be expanded to recognize and protect Indigenous sovereignty over their natural resources and environment. It explores the challenges Indigenous communities’ face, such as climate change, industrial encroachment, and limited legal protections, focusing on case studies like the Dongria Kondh, Ladakhi protests, and global parallels such as the Māori guardianship in New Zealand. The paper critiques existing constitutional provisions in India and highlights the gap in recognizing Indigenous rights as part of environmental justice. Drawing lessons from international frameworks, it advocates for actionable reforms, including the extension of Sixth Schedule provisions, granting legal personhood to sacred landscapes, and embedding Free, Prior, and Informed Consent (FPIC) in Indian law. By aligning constitutional frameworks with the realities of Indigenous communities, this research aims to integrate cultural preservation with sustainable development.