Legal interpretation of the sacred natural sites and cultural heritage of the Dongaria Kondhs in India
2016
In India, the natural environment worshipped by forest-dwelling communities is receiving
recognition and protection under the Scheduled Tribes and other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, which was passed in 2006. This piece of legislation, which
is commonly known as the Forest Rights Act, empowers vulnerable forest-dwelling
communities in India to protect their ‘natural and cultural heritage’ (Forest Rights Act, 2006:
Sec. 5). This chapter explores the question of the interpretation of ‘cultural heritage’, in the
specific legal context of the Indian Forest Rights Act. A case that illustrates the complexities
inherent in such a question is that of the mobilization of the Forest Rights Act to protect
the sacred Niyamgiri Mountain in India from mining. This chapter presents and discusses
this case with the view to examine the implications of sacred nature that does not fit easily
within site-specific boundaries.
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