Author
Asst Prof Dr. Aditi Nidhi
Organisation/Institution
Mahindra University, Hyderabad
Country
INDIA
Panel
Environmental Law
Title
Indigenous Rights and Environmental Governance: A Comparative Study of India and Indonesia
Abstract
Indigenous Rights and Environmental Governance: A Comparative Study of India and Indonesia Abstract India and Indonesia share rich Indigenous cultures and biodiverse landscapes, but both experience intense conflicts over land and resource governance. This comparative study examines legal and constitutional protections, environmental laws, and customary governance affecting tribal peoples in both countries. In India, the Forest Rights Act 2006 was enacted to vest tribal land and forest rights and redress colonial injustices. Indonesia’s Constitution (Art. 18B-2) and subsequent laws recognizes customary law communities and a 2013 Constitutional Court affirmed Indigenous collective land and forest rights, citing UNDRIP and ILO 169 (though ILO 169 remains unratified by both countries). Socio-political dynamics include robust Indigenous activism and enduring customary practices. In India, tribal movements – for example, Odisha’s Dongria Kondh – pressed for community consent in the Niyamgiri mine saga, and grassroots mobilization (e.g. Campaign for Survival and Dignity) led to the Forest Rights Act. Nevertheless, many Adivasi communities still face large-scale mining, dam projects and plantation expansion without genuine free, prior and informed consent (FPIC). In Indonesia, national Indigenous networks (such as AMAN) and local communities – for example Dayak villages in Kalimantan – have mobilized for formal recognition of adat forest titles to protect land from logging and palm-oil expansion. Moreover, the key issues include legal exclusion (many tribal territories lack formal title or recognition), severe environmental degradation of ancestral lands, and chronic neglect of consultation rights in development planning. Marginalisation manifests in poverty, erosion of customary livelihoods, and weak political voice for Indigenous groups. The literature lacks comparative analysis of these contexts. To address this research gap, the paper juxtaposes case studies to analyze how national laws, customary norms, and international instruments intersect. The study will also propose harmonized policy reforms and empowerment strategies grounded in rights-based governance approaches to indigenous development. Keywords: Indigenous; Customary Norms; Development; Comparison; Reforms
Biography
Dr Aditi Nidhi is currently an Assistant Professor of Environmental Law at the Mahindra University School of Law, where she joined in July 2023. With over nine years of enriching academic experience across reputed Indian universities, her prior appointments include the School of Law at Christ (Deemed to be) University, Bengaluru and the ICFAI Law School, Hyderabad. Dr Nidhi earned her PhD in 2024 from the Gujarat National Law University (GNLU), Gandhinagar. Before that, she completed her LL.M. in 2016 from Hidayatullah National Law University (HNLU), Raipur, and her B.A.LL.B.(Hons.) in 2015 from Dr. Ram Manohar Lohia National Law University (RMLNLU), Lucknow. Her research interests span Environmental Law, International Environmental Law (IEL), human rights, e-commerce law and legal methods. She has made significant contributions to peer-reviewed journals indexed in SCOPUS and UGC-CARE, and has presented papers at both national and international conferences. Beyond her teaching, Dr Nidhi has played key institutional roles: coordinating the Centre of Excellence for Environment & Forest Laws at both ICFAI and Christ University, and serving as Faculty Coordinator for the Internal Quality Assurance Cell (IQAC) and strategic planning at Christ University — in that capacity helping the law school secure national accreditation. She is regularly invited as a resource person, judge for moot court competitions (notably in environmental law), and participates actively in faculty development programmes. Dr Nidhi brings to her role both academic rigor and a commitment to cultivating the next generation of legal professionals focused on environmental challenges.
