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Papers by Kavita Soreide
Himalayan & Central Asian Studies , 2024
Gendered Impact studies under customary law and the Sixth Schedule of the Indian Constitution
Indian Journal of Public Administration, Dec 1, 2020
The legal-political discourse at the time of drafting of independent India’s Constitution resulte... more The legal-political discourse at the time of drafting of independent India’s Constitution resulted in a unique constitutional arrangement guaranteeing a model of self-government through setting up Autonomous District Councils (ADCs) for some of India’s designated tribal communities. This constitutional modality governing the tribal majority regions in India’s North-east is known as the Sixth Schedule. Given the pre-existing tribal institutions, it was implied that ADCs were to act as ‘bridges of governance’ between the state and traditional polity. This article tries to look at the nature of governance and gaps in governance through the lens of ADCs.
CMI Brief, 2013
Tribal marginalization in India: Social exclusion and protective law At the time of independence,... more Tribal marginalization in India: Social exclusion and protective law At the time of independence, India used protective law to address fears that its tribal majority regions would be marginalized visa -vis the larger, more developed states of the new nation. The 'Sixth Schedule' was written into the Indian Constitution to ensure rights of self-government for the tribal majorities in North Eastern Himalayas. This brief explores the context of the Sixth Schedule and highlights the challenges to its effectiveness in the North Eastern state of Meghalaya. The aim is to discuss the complexity of the situation where a modern state tries to engage traditional tribal societies in the process of nation building.
State Law and Adivasi Shifting Terrains of Exclusion, 2022
Sage, 2021
The legal-political discourse at the time of drafting of independent India's Constitution resulte... more The legal-political discourse at the time of drafting of independent India's Constitution resulted in a unique constitutional arrangement guaranteeing a model of self-government through setting up Autonomous District Councils (ADCs) for some of India's designated tribal communities. This constitutional modality governing the tribal majority regions in India's Northeast is known as the Sixth Schedule. Given the pre-existing tribal institutions, it was implied that ADCs were to act as 'bridges of governance' between the state and traditional polity. This article tries to look at the nature of governance and gaps in governance through the lens of ADCs.
Asia Dialogue, University of Nottingham, 2017
The problem of air pollution in Delhi is symbolic of the nightmares of an urban-centric notion of... more The problem of air pollution in Delhi is symbolic of the nightmares of an urban-centric notion of environmental catastrophe. With no fresh air left to breathe, the divide between the city’s rich and poor has shrunk. The ‘buy-out’ solutions possible in cases of other natural resources such as water and land, are not present in any effective way in case of air.
Occasional Paper, Nehru Memorial Museum and Library, 2020
The Sixth Schedule of the constitution applied in the case of tribal state of Meghalaya puts the ... more The Sixth Schedule of the constitution applied in the case of tribal state of Meghalaya puts the
three main tribes (amongst others in the Northeast of India) the Garo, Khasi and Jaintia
under the jurisdiction of ethnic bodies called the Autonomous District Councils (ADCs)1
.
Through these bodies, the Sixth Schedule grants two sets of exclusive representation and
governance rights to these tribal communities. The political contestations in Meghalaya today
are in many ways connected also with the discontent around the institutions of ADCs.
Exclusive representation rights for communities in Meghalaya (by the virtue of it being a
tribal majority state) are skewed. The trajectory of state reorganization politics led to the
ADCs in Meghalaya representing the majorities instead of minorities (often camouflaged
ones) hence favouring an ‘imagined majority’, under the umbrella of group rights that
structurally favours the few (such as men, traditional and new elite amongst the majority
tribal group). Further, the governance provisions of ADCs are problematic since the original
intention of ADCs promoting tribal local governance has an intrinsic anomaly of incoherence
between legal governance regimes (Federal- provincial - ADCs) and the traditional tribal
ones.This has consequences upon the logic and efficacy of these institutions.
In India, the historically disadvantaged groups of indigenous people categorised as the Schedule... more In India, the historically disadvantaged groups of indigenous people categorised as the Schedule Tribes have largely remained on the fringes of growth. There is a constitutional provision the Sixth Schedule applicable in certain areas of tribal territorial majorities in the North East of India that recognises the. The question is how effective these legal mechanisms are in protecting the tribal population against marginalization. This article presents a case study of the socio-political dynamics of community ownership and control of land in the Khasi Hills of Meghalaya, a state in North East India where the tribal people are in the majority. This work aims to analyse more closely the operations and efficacy of the Sixth Schedule as a land governance framework
Conference Presentations by Kavita Soreide
35 minutes onward. Co presenter Namita Wahi the first segment
See from 57 minute onwards. Co presenters - Hugo Stokke and Namita Wahi
Himalayan & Central Asian Studies , 2024
Gendered Impact studies under customary law and the Sixth Schedule of the Indian Constitution
Indian Journal of Public Administration, Dec 1, 2020
The legal-political discourse at the time of drafting of independent India’s Constitution resulte... more The legal-political discourse at the time of drafting of independent India’s Constitution resulted in a unique constitutional arrangement guaranteeing a model of self-government through setting up Autonomous District Councils (ADCs) for some of India’s designated tribal communities. This constitutional modality governing the tribal majority regions in India’s North-east is known as the Sixth Schedule. Given the pre-existing tribal institutions, it was implied that ADCs were to act as ‘bridges of governance’ between the state and traditional polity. This article tries to look at the nature of governance and gaps in governance through the lens of ADCs.
CMI Brief, 2013
Tribal marginalization in India: Social exclusion and protective law At the time of independence,... more Tribal marginalization in India: Social exclusion and protective law At the time of independence, India used protective law to address fears that its tribal majority regions would be marginalized visa -vis the larger, more developed states of the new nation. The 'Sixth Schedule' was written into the Indian Constitution to ensure rights of self-government for the tribal majorities in North Eastern Himalayas. This brief explores the context of the Sixth Schedule and highlights the challenges to its effectiveness in the North Eastern state of Meghalaya. The aim is to discuss the complexity of the situation where a modern state tries to engage traditional tribal societies in the process of nation building.
State Law and Adivasi Shifting Terrains of Exclusion, 2022
Sage, 2021
The legal-political discourse at the time of drafting of independent India's Constitution resulte... more The legal-political discourse at the time of drafting of independent India's Constitution resulted in a unique constitutional arrangement guaranteeing a model of self-government through setting up Autonomous District Councils (ADCs) for some of India's designated tribal communities. This constitutional modality governing the tribal majority regions in India's Northeast is known as the Sixth Schedule. Given the pre-existing tribal institutions, it was implied that ADCs were to act as 'bridges of governance' between the state and traditional polity. This article tries to look at the nature of governance and gaps in governance through the lens of ADCs.
Asia Dialogue, University of Nottingham, 2017
The problem of air pollution in Delhi is symbolic of the nightmares of an urban-centric notion of... more The problem of air pollution in Delhi is symbolic of the nightmares of an urban-centric notion of environmental catastrophe. With no fresh air left to breathe, the divide between the city’s rich and poor has shrunk. The ‘buy-out’ solutions possible in cases of other natural resources such as water and land, are not present in any effective way in case of air.
Occasional Paper, Nehru Memorial Museum and Library, 2020
The Sixth Schedule of the constitution applied in the case of tribal state of Meghalaya puts the ... more The Sixth Schedule of the constitution applied in the case of tribal state of Meghalaya puts the
three main tribes (amongst others in the Northeast of India) the Garo, Khasi and Jaintia
under the jurisdiction of ethnic bodies called the Autonomous District Councils (ADCs)1
.
Through these bodies, the Sixth Schedule grants two sets of exclusive representation and
governance rights to these tribal communities. The political contestations in Meghalaya today
are in many ways connected also with the discontent around the institutions of ADCs.
Exclusive representation rights for communities in Meghalaya (by the virtue of it being a
tribal majority state) are skewed. The trajectory of state reorganization politics led to the
ADCs in Meghalaya representing the majorities instead of minorities (often camouflaged
ones) hence favouring an ‘imagined majority’, under the umbrella of group rights that
structurally favours the few (such as men, traditional and new elite amongst the majority
tribal group). Further, the governance provisions of ADCs are problematic since the original
intention of ADCs promoting tribal local governance has an intrinsic anomaly of incoherence
between legal governance regimes (Federal- provincial - ADCs) and the traditional tribal
ones.This has consequences upon the logic and efficacy of these institutions.
In India, the historically disadvantaged groups of indigenous people categorised as the Schedule... more In India, the historically disadvantaged groups of indigenous people categorised as the Schedule Tribes have largely remained on the fringes of growth. There is a constitutional provision the Sixth Schedule applicable in certain areas of tribal territorial majorities in the North East of India that recognises the. The question is how effective these legal mechanisms are in protecting the tribal population against marginalization. This article presents a case study of the socio-political dynamics of community ownership and control of land in the Khasi Hills of Meghalaya, a state in North East India where the tribal people are in the majority. This work aims to analyse more closely the operations and efficacy of the Sixth Schedule as a land governance framework
35 minutes onward. Co presenter Namita Wahi the first segment
See from 57 minute onwards. Co presenters - Hugo Stokke and Namita Wahi