Third generation rights in contrast to first and second generation rights, based on 'fraternity' and they do not deal with 'rights of individual'. They can be realized by the combined efforts of all social actors: individuals, states, public and private associations, and the international community. This paper will examine 'folk music' as a form of third generation human rights: to link the cultural practices and social activities surrounding the human act of music making, music as a form of cultural property to assert identity that can be controlled or owned.

In the context of Assam, due to the political manipulation by the colonial power, densely populated Rajbonshi territories were bifurcated to create Assam and Bengal. After the territorial split, the Rajbonshis living in both the states lost their language, culture as well as their civilizational roots. Renowned folk singer, late Pratima Barua Pandey emerged at a juncture from Western Assam when the Koch Rajbonshis had to encounter a phase of crisis. Her songs became the instruments of effective intervention to usher in a path of hope for those people who desperately needed a direction for possible redemption of their socio cultural identity.

In the world history indigenous people have been the natural owners of their habitat areas like hills, forest and river etc. and there is no exception for the tribal communities in India also. They have been living in peace and harmony with their rich environment across India. However, their situation has started worsening with the intervention of kings and in the later period by the colonial rulers whose primary motive was to gain income from the taxes and exploit the natural resources of forest for their commercial benefit.

The constitution of India when it was formulated has provided complete autonomy in the scheduled areas where tribal people are the natural inhabitants. In the process of implementing democratic governance at the grass root level the constitution was amended (73rd amendment) by introducing three tier Panchayat Raj system in the rural areas in India. However, the policy makers in India later extended the same system to the tribal areas also through PESA (Panchayat Raj Extension to Scheduled Areas) act in the year 1996. Hence, it becomes very necessary to study the impact of such kind of interventions by the government among the indigenous communities.

The present paper is an ethnographic account of Bhil tribes and it specifically looks into the impact of PESA act among their traditional management of land and local governance practices. This paper is an attempt to understand this process of alienation and loss of self governance in a historical method.

Affirmative policies are formulated considering the vulnerability of certain groups juxtaposition to other groups which are more affluent socially, economically and politically. It sought to safeguard and promote the interests of the vulnerable groups. However, fallibility of state policies is understandable in cases where members of the concerned group are not in the position to put forward their concerns in time of the formulation of the policies. Though the framers of policy might have framed it with good intention but could end up the other way round. Possibilities are also there for authorities or bodies concerned to have formulated such policies deliberately to achieve default results, like in case of nation building process in developing nation-states or in setting out terms of federation in federal states to accommodate dissidents yet with a motive to rein the latter.

In this paper I would argue that fallibility of the state policy cannot be denied so also the ulterior motive of the policy framers to achieve preset goals. However, the ever increasing divide between tribals and non-tribals in Manipur could largely attribute to the manipulation of the existing laws or policies by non-tribals to maintain hegemonic control over the tribals, their land and resources by means of amendments to the principal acts/policies. Amendments were passed with ease in the favour of the non-tribals as they are disproportionately represented in the Manipur Legislative Assembly.

Indigenous/tribespeople hold indigenous knowledge (IK) of ecology, plants, animals and medicines, but intellectual property rights (IPR) do not provide protection to products. Survival of these people depends on protection of IK and IPR. Geographical Indication (GI) is best suited for such protection. Goods thereby indicate quality and geographical origin. GI protection pertains to IPR. TRIPS recognizes its geographical origin. Numerous Declarations ( United Nations) call attention to the unique features of Indigenous intellectual property systems and asking to recognise and protect these. The GIGA 1999 protects the GIs in India. There are several instances when local products have been commercialized in India without sharing benefits with knowledge holders. To understand this predicament 'Source Sink' model ( stakeholders remain 'Source' and the fragile situations denote 'Sink') seems appropriate. Geographical indication as an element of intellectual property is provided to substantiate the amount of protection against the jeopardizing of the commercial value of the indigenous knowledge. Role of Geographical indications protection role against unauthorized commercialization of Indigenous Knowledge is the framework of this paper. The paper will examine the Indigenous Knowledge governance and survival through Geographical Indications and concentration knowledge with the endorsed producers of Indigenous Knowledge. In the above context the paper examines Arogyapacha and Navara rice, which is used for treatment for of disorders such as arthritis rheumatism, back ache and other age related problems. Here we intend to compare Arogyapacha and Navara rice studies placing it in the global context of indigenous peoples' rights, consent and benefit-sharing.

A prominent feature of indigenous agricultural practices amongst Naga tribespeople in North-East India is its high degree of agro-biodiversity. Traditional agriculture, an indigenous form of farming is the result of the co-evolution of local, social and environmental systems. It exhibits a high level of ecological rationale expressed through the intensive use of local knowledge and natural resources, including the management of agro-biodiversity in the form of diversified agricultural systems. Farming families, in order to sustain their livelihood, adopt and maintain diverse forms of agricultural practices, mainly (i) terrace rice cultivation (TRC), (ii) shifting (jhum) cultivation, (iii) home garden and (iv) firewood reserve forests, simultaneously. The greatest challenge to understand how indigenous farmers maintain, preserve and manage biodiversity is to recognize the complexity of their production systems. Today, it is widely accepted that indigenous knowledge is a powerful resource in its own right and complementary to knowledge available from western scientific sources. Therefore, in studying such systems, it is not possible to separate the study of agricultural biodiversity from the study of the culture that nurtures it.

The diversified indigenous agricultural practices of Naga tribespeople is threatened by the introduction of mono-culture for commercialization of selected marketable items displacing the normal indigenous crops that are cultivated for subsistence. Yet, the fact that farmers are continuing to practice traditional agriculture alongside adapting to modern agriculture indicates its hidden strengths and innovations. This paper is an attempt to understand the pressing necessity of documenting indigenous knowledge on agricultural practices amongst Naga tribespeople for further applications and replications.

Globally, the forest resources is very important and vital to some 90 percent of the 1.2 billion people living in extreme poverty; indirectly support the natural environment that nourishes agriculture and the food supplies of nearly half the population of the developing world; and constitute a major source of national wealth. Yet, forests continue to be poorly managed and indiscriminately felled at unsustainable rates. The indigenous peoples control most of the world's remaining natural forest areas either consciously or unconsciously through their traditional practice and often have strong conservation ethics. Little known is the fact that forest also serves as a cultural milieu, especially for the indigenous people and characterizes the traditional way of life. Forest management systems are referred to as indigenous, when they are primarily based on local experience of the specific society and have evolved over time and transmitted from generation to generation by word of mouth or by practice. Indigenous knowledge in forestry has always been ignored and critique as a slash and burn cultivation, which in essence is more of a traditional farming and not forestry. The paper seeks to analyse what are these indigenous knowledge of forest in Northeast India that characterizes the traditional lifestyle of the people and how it has led to land alienation of the indigenous people and therefore, the need for an inclusive policy to address the marginalization as well as the exclusion of the indigenous people.

In plateau region of Central India, particularly in Satpura and Vindhya mountainous ranges, more than a hundred of different clusters of rock shelters and caves are marked with prehistoric rock art. The rock art available in the entire region may further be classified into three major successive periods. The imagery initially began with hunting - gathering phase which is gradually succeeded and overlapped by the dominating pastorals and in final phase battle - scenes and its varied manifestations are thematically predominant. Such visual document is an ethnic memory on conflict and struggle that the indigenous communities had encountered during early historic period. Such visual memory of conflict is viewed by elites as historic evidences in support of the hypothesis on Aryan invasion and Aryan - Non Aryan clashes. Such idea o0n societal conflict has generation - wise created a prolong rivalry between different opposing and contrasting ethnic entities such as tribal - non - tribals, between lower caste and higher caste and indigenous dalits against colonial invaders. Such contrasting and bipolar ethnic entities claim those evidences of visual imagery as basis in support of social hierarchy resulting in animosity. Such ethnic view and rivalry significantly influences the modern political system and communal rivalry in contemporary India. A critical assessment of the tangible visual narratives explain the myth as unjustified, biased and baseless. Such assumed view of social fragmentation and ethnic rivalry threatens the integrity and social fabric of the nation.

Throughout Asia the state policies have been designed to 'assimilate' indigenous people into the national society. Elevation of indigenous rights as an international concern has made Asian/ Indian tribes/indigenous people to push for rights, local autonomy and even secession, such as in Nagaland. Tribes of India, regarded as Adivasi (original inhabitants) in peninsular India are articulating indigeneity argument in their struggles by addressing the issues of poverty reduction, indigenous knowledge, biodiversity and forest ecosystem protection, Intellectual Property rights and natural resources Practices. India's indigenous tribes range from world's most 'un-contacted' communities, like the Sentinelese, while some are advanced. The close association between Indigenous peoples, their environment, and indigenous knowledge and the threats faced by them are part of a global concern. Demise of indigenous languages, folklore and religion, faith- conversion, are other concerns. Though India is signatory to many global agreements, yet it discards some ILO Conventions and also very term 'indigenous peoples', insisting that all Indians are indigenous. Over eighty per cent of tribes, mostly below the poverty line, are subjected to large scale displacement and biological decline, in some cases. After centuries of administrative oppressions, cultural-assimilation and market penetration, a new forest law (Forests Rights Act of India, 2006) aims to accommodate demands for self-rule and people's councils are empowered to control forest land, small water bodies, minor forest products and rights on mining use of natural resources. Implementing the new law is a concern as some regions in India have obstructed the execution.

Land tenure and ownership rights of tribes of India were seriously neglected during colonial regime and this agony continued in post independence era. The tribals became victim of successive stringent Forest Acts and policies and their land ownership rights were perpetually jeopardized. In the absence of proper cadastral survey and inadequate settlement records in many tribal areas, the tribals remained deprived of accessing land records or record of rights (RoRs). Such non-recognition of landholding rights in vast parts of tribal India amounted to grave historical injustice. Paradoxically there emerged instances when tribals having possession to land access had no land records and ownership rights; while there were tribals having land records but no land possession. These factors gradually led to systematic exclusion and alienation of tribespeople and encouraged displacement and dispossession. Battles over forcible acquisition of tribal agricultural land for industry are raging across India. Successive efforts have been made to strengthen tribal legal rights. Theoretically, the tribes have legal protection but they have been hardly implemented pragmatically. Therfore this paper critically scrutinizes various provisions of livelihood securities and ameliorative strategies introduced in contemporary era with focus on land ownership rights in both Vth and VIth schedule areas. These include Forest Rights Act (FRA)-2006, National Land Records Modernization Programme (NLRMP) 2008, and Land Titling Bill, which is about conclusive rights over land.

Orissa is made to known to the national imagination through the discourse of poverty and malnourishment. In fact in the last few decades, it has become almost a synonym for 'Hunger' and 'Poverty'. The tribal region is rich in natural resources. Timber, mine ores, water streams, and other natural entities are qualified and documented, according to the possible value generating possibility.

So a mega project, the Vedanta Aluminium Company, which has ventured into mining, in collision with the state is on a spree to buy the natural resources. Their promise is to offer the conversion of Lanjigarh into London, by their very magic of private investment.

The struggle of the tribals is to protect their livelihood and habitat, For Adivasis, mountains are spiritual entities, at the apex of the natural order that sustains them. They are spiritually attached to their lands. The paper thus looks into different articulations of life styles by tribals who see it as their homeland, and also by the functionaries of the state and the MNCs who envision the possibilities of creating a dreamland for Adivasis by converting their socio economic life as merchants, factory workers and coolies with proper monetary systems for exchange. This paper also discusses the struggle by the Dongria Kondhs to protect their Lord of law that is Niyamgiri. This paper intends to compare pro company and anti company movement in the Lanjigarh area of Kalahandi in its final analysis.

The affinity with land and forests is implemented among the Khasis of Meghalaya in the form of traditionally allocated 'sacred' forests. The matrilineal Khasis subscribed to a form of religion which promoted the brotherhood of humans with all beings and aspects of nature. In realisation of this interaction, administrative decisions seem to have been taken in form of fixing certain geographical areas for specific purposes under the supervision of persons responsible for that domain of activity. The sacred forests, locally called Law Kyntang, consist of a forest area ranging from .01ha to 900ha which are scattered all over Khasi and Jaintia hills of Meghalaya. They are managed by an efficient traditional forest management system.

The sacred forests of the Khasis today are considered a very important traditional eco- preservation site, a major help to the botanists. However, the system itself is of significant importance to economics, political system and the very identity of the Khasis. In keeping with the tourist interest and much emphasized ecology sustainability Khasi culture has become a saleable item, especially items like the sacred forest being mined by individuals and groups. The traditional purpose of the sacred forest, the very empathy of the people towards nature is nowadays relegated to a more functional purpose. The paper intends to look at the working of the sacred forest, the context of sacredness of the forest and how the sacred nature of the forest takes second place to immediate and everyday practical requirements of the tribals.

The Gandhamardan Surekhya Andulan - the Gandha Mardhan Protection Movement (Gandha=medicine; mardhan= mountains) of western Orissa demonstrates how an indigenous discourse on sacred landscape has become a meaningful tool for environment protection, political resistance and a significant symbol of regional and ethnic identity. The struggle for conservation of the forest and the mountains represents a cultural symbol of local resistance against ecological and cultural destruction through ruthless industrialisation. Until today the successful Gandha Mardhan Movement means not only the conservation of the forest but also political agency and cultural survival of the indigenous population of the region. The saved landscape mirrors the local struggle for eco-justice and cultural identity fought by local communities in western Orissa.

For almost two centuries now, Adivasis have been a witness to collapse of their multiple relationships with land, forest and among themselves. The basis of their cultural ethos and their system of meanings have faced collective onslaught of outsider-exploiters, the 'foreign' models of economic development that have been conceived without their participation and implemented without their consent.Through repressive acts like Land Acquisition Act and Indian Forest Act, pre and post Independence Indian state have total control over forest resources that constitute the basis of tribal economy. Only recently the Indian state has recognized the injustice done to tribals through enacting two important acts in favour of tribal communities i.e. Panchayat Extension to Scheduled Area Act (PESA)-1997 and Forest Right Act (FRA)-2006. Both the acts have been enforced and implemented in tribal dominated Districts and Blocks. In Gujarat also these acts are enforced by the State. Like many others such acts these two acts also not made any dent in the life of tribals. In spite of prolong struggles and mobilization by tribals still these acts are not being implemented in true spirit. It would be worth assessing the road blocks in implementation of these acts. This will further provide understanding of political climate of the state and its commitments towards most venerable section of Gujarati society, which comprises 15% of the total population. In this paper we will try to historically asses the genesis of these two acts and its present status.

The indigenous people and their survival issues are the most debated subjects in international fora.Indigenous peoples draw their cultures and livelihoods from their lands and resources. States have enacted laws and policies unilaterally depriving indigenous peoples of their lands and marginalizing them in their own countries. The non-recognition of indigenous land and resource rights is the cornerstone of indigenous self-determination. The fundamental problem at the core of both historic and modern indigenous struggles, that of State claims of ownership or control over the lands and resources belonging to indigenous peoples. However, the principle of self-determination, poses no real threat to the States. It is more likely that States oppose indigenous claims of self-determination because recognizing such claims could lead to a loss of control over the valuable natural resources which remain on indigenous traditional lands. States would do better to move into a new era of relations with indigenous peoples, rather than continue to expropriate lands and resources which have never belonged to them and perpetuate the violence and impoverishment inflicted upon indigenous peoples for the centuries. The issues of state injustice towards indigenous communities are the central focus of this paper. This paper will examine the debate over the self determination of indigenous people and the effect of this debate on indigenous resources rights and land rights. In view of the above conceptual backdrop the Indian experiments with federal devolution of power and recognition of rights will be discussed citing cases.

In Assam there is a rich heritage of mask making. The mask makers of Assam have shown great resourcefulness in selecting and combining the available materials, bamboos, cane, clay, cloth, pith plant ( Aeschynomene indica), wood, etc.,. Morphological features of the mask are derived from natural forms. In Assam mask is an integral object of satras wherein many demon, serpent, incarnation of Lord Vishnu are knitted and portrayed in dances and dramas. Vaishnavite masks are made of woven bamboo splits covered with cotton cloth and clay, so that they remain light in comparison to their size. Generally the morphological features of masks are derived from natural form. Masks which possess human features are known as anthropomorphic and those with animal features are known as theriomorphic. In the satras of Majuli both anthropomorphic and the theriomorphic masks are made, though some are combined ones. Occasionally pliant masks are used in performing arts of the satras of Majuli. Majuli is a river island, where there are 22 satras among whom four (Alengi Narasimha Satra, Bihimpur Satra, Chamaguri Satra and Natun Chamaguri Satra) have praiseworthy tradition of mask making. The available mask of the Satras of Majuli are good examples of this tradition which continuing from the ancient past to the present period. This paper attempts to give an appraisal of the continuity and change of mask making tradition of Nature Chamaguri satra of Majuli.

In Assam there is a rich heritage of mask making. The mask makers of Assam have shown great resourcefulness in selecting and combining the available materials, bamboos, cane, clay, cloth, pith plant ( Aeschynomene indica), wood, etc.,. Morphological features of the mask are derived from natural forms. In Assam mask is an integral object of satras wherein many demon, serpent, incarnation of Lord Vishnu are knitted and portrayed in dances and dramas. Vaishnavite masks are made of woven bamboo splits covered with cotton cloth and clay, so that they remain light in comparison to their size. Generally the morphological features of masks are derived from natural form. Masks which possess human features are known as anthropomorphic and those with animal features are known as theriomorphic. In the satras of Majuli both anthropomorphic and the theriomorphic masks are made, though some are combined ones. Occasionally pliant masks are used in performing arts of the satras of Majuli. Majuli is a river island, where there are 22 satras among whom four (Alengi Narasimha Satra, Bihimpur Satra, Chamaguri Satra and Natun Chamaguri Satra) have praiseworthy tradition of mask making. The available mask of the Satras of Majuli are good examples of this tradition which continuing from the ancient past to the present period. This paper attempts to give an appraisal of the continuity and change of mask making tradition of Nature Chamaguri satra of Majuli.

The recent unrest among the tribal of the Koraput district particularly in the Narayanpatna, the abduction of one Member of State Assembly & district Magistrate by Naxalites has received a great attention in the state & nation. The tribal outfit known as Chasi Mulia Adibasi Sangh (CMAS) has raised a century old "Land issue" of tribal. The CMAS members are reclaiming the land from the landlords & their argument is that they are cheated in past. Two leaders have lost life in police firing and hundreds are in jail. Several non-tribal families have left their villages in fear.

The land issue of the tribals of Koraput is complex, the result of centuries-old negligence of the revenue administration. To understand the land issue of the region, it needs to understand the history & land revenue administration from the Kings/Zamidars till to the present regime.

Tribal uprisings resulted in Land reform Acts in past but these Acts didn't brought any visible changes on ground. It is found that land which was distributed to families is either unsuitable for use or never demarcated. Families have only the piece of paper without possessing the land.

The inflow of immigrants into the region has increased the land issue in the area & inflow will be manifold with the mining and other so-called development activities. In this situation there is a need to have special protection and the political will to safeguard the interest of the tribal people, particularly the land resource.

Survival concerns and rights issues of indigenous/tribespeople are much debated topic. Policies in theory claim to have safeguarded the native rights over resources. Sadly the precise forms of such rights are yet to be determined. Fact remains that misappropriation of products of traditional knowledge treating them as commercial assets, and imposing restrictions on native users have jeopardized human rights. Present IPR regime favours multinationals and other non-indigenous interests. The tribespeople fail to satisfy the requirements for protection under existing IP law.  Strict clauses to gain intellectual property status trounces native efforts. Here lies the relevance of the Sui generis model which offers a unique type of IPR different from the classical IPR. Indigenous/Tradional knowledge of the people, though non-codified, is a property which sustains survival, rather than promoting individual economic gain. They are governed by customary laws. The paper will critically examine TK's placement within Intellectual property law domain and its adverse implications on local communities and environment. Discussion will focus on the historical evolution and use of 'Traditional knowledge concept' as a counter-IP argument. Paper will conclude by revealing the fallacy in equating 'traditional knowledge' with Intellectual property as enforced in contemporary era and its implications in terms of survival issue of indigenous/tribespeople and recognizing their right for self-governance. The paper will also examine the scope of federal policies, introduced from time to time, for the protection of indigenous knowledge particularly in State of Kerala.

The rising of forest degradation has led to reduction of natural resources which impacts immediately on women from poor and tribal families in Odisha, India. In Daspalla area, the Kondh women are very much sufferer because the degradation of forest has been increased day by day. Here, women are the main earner and contribute substantially to the family. So due to the reduced availability of forest products, Kondh women have to go the distant forest for collecting NTFP. They take protective measures by their own traditional knowledge and there has been also emerged movement for the maintenance of forest resources. So they demand strong laws for forest protection and management. Sometimes there emerged conflicts in between govt. and local people. The present study empirically concerns the role of women for forest management and why they demand for strong laws to sustain their own mechanism of forest protection and conservation.