Globalization and migration of indigenous people

The process of development involves change in the desired direction motivated by the interests of public welfare. Often such change brings in conflict of mutually opposite interests. In terms of theory of social engineering as propounded by Dean Roscoe Pound, the individual, social and public interests come into conflict with each other. These conflicts are to be taken care of by the legislators, law makers and policy makers.

The proposed paper deals with the how mega development projects (e.g., major irrigation dam projects, Special Economic Zones, real estate projects etc.) are promoted in the interests of corporate world or to serve larger public interests at the cost of individual interests of those who are settled on the land for past many generations. This development leads to displacement and migration of multitude of people losing their livelihood, hereditary habitat, culture and community life.

This paper is concerned with the rights of these migratory people in the wider context of post-independent Constitution and Law in a socio-legal perspective. This paper raises various legal issues pertaining to various constitutional provisions and human rights in this regard so as to analyze it in a holistic socio-legal perspective of the phenomenon.

Key words: Migration, Human rights, developmental projects