The Governmental-Naxal-Tribal Conflict: Looking at Rights Through the Lens of Cultural Relativism

Journal of Indian Law and Society, Vol. 2, p. 27, Winter 2010

37 Pages Posted: 14 Sep 2011

See all articles by Smarika

Smarika

National Law Institute University

Date Written: 2010

Abstract

This paper examines the growing foothold of Naxalism in the country today by analysing the varying perspectives in which rights are viewed. The main argument is that apart from an implementation gap in the government’s policies, governmental conflict with Naxalism exists because of the difference in the value structure of the government and Naxal ideology, so that what appear as indispensable rights to one, are not so much of consequence for the other. The implications of the justiceability of Fundamental Rights, while Part IV remains non-enforceable under express provisions of the Constitution, is discussed in this context- arguing that while the present State setup emphasises upon individual rights, the Naxal vision of State puts economic and social rights at the fore. Further, the paper differentiates between the Naxal and tribal understandings of rights, aiming to enlighten upon that Naxalism is not exactly a representative of tribal vision of rights, because like the present system, Naxalism also envisions a State, whereas tribal imagination functions outside the boundaries of the State. Thus, a distinction has been attempted between the elite and subaltern version of rights the fundamental point being that mere extermination of Naxalism is not a worthy enough goal if one desires peace in light of an inclusive regime. To resolve the conflict between different cultural understandings of rights, the mechanism of Capability Approach is suggested, while examining how far the present legal system is conducive for the same.

Keywords: cultural relativism, tribal, Naxalism, capability approach

Suggested Citation

Kumar, Smarika, The Governmental-Naxal-Tribal Conflict: Looking at Rights Through the Lens of Cultural Relativism (2010). Journal of Indian Law and Society, Vol. 2, p. 27, Winter 2010, Available at SSRN: https://ssrn.com/abstract=1927419

Smarika Kumar (Contact Author)

National Law Institute University ( email )

Kerwa Dam Road
Kerwa Dam Road,
Bhopal, Madhya Pradesh 462044
India

HOME PAGE: http://nliu.com

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