India needs to balance economic growth with protecting indigenous rights and ensuring fair management of natural resources.
Authors
Pratik Purswani, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Adithi Rajesh, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Summary
The note discusses the changing role of the Indian State in the management of natural resources, specifically focusing on the principle of Permanent Sovereignty over Natural Resources (PSNR). PSNR was seen as an economic corollary of decolonisation and self-determination, aiming to ensure the economic independence of developing states and the self-determination of colonised peoples. India, a developing democracy at the time, voted in favour of the UNGA resolution on PSNR, which recognised the sovereignty of States and peoples over their natural wealth and resources. However, there has been some tension between the State and non-State actors in the exercise of this sovereignty, especially in terms of the well-being of all its people. Focusing on Adivasis in India, we argue that economic growth has often favoured certain sections of society at the expense of indigenous peoples, leading to dissent and conflicts of interest. We analyse this oppression through tools at the hand of the State, for instance, in the concept of PSNR and the Public Trust Doctrine (PTD), which considers the State as the trustee of all natural resources meant for public use and enjoyment. However, in several resource-rich regions in India, private economic interests frequently lead to the mismanagement and exploitation of natural resources, disproportionately affecting indigenous and marginalised communities. This note highlights the need for fair and equitable treatment, transparency, and non-discrimination in the management of natural resources to ensure the well-being and rights of all stakeholders.
Published in: Jindal Global Law Review
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