Tribal Infrastructure as A Constitutional and Human Rights Imperative: A Comparative Analysis of Indian Jurisprudence and International Law

Abstract

Infrastructure development in tribal and indigenous regions is no longer a matter of administrative discretion but a legally enforceable human rights obligation. In India, Scheduled Tribes continue to face systemic exclusion from basic infrastructure such as roads, drinking water, sanitation, and connectivity, despite constitutional guarantees and targeted welfare schemes. This paper examines the constitutional foundations of tribal infrastructure rights in India, particularly under Article 21 of the Constitution, and analyses landmark Supreme Court judgments that have expanded socio-economic rights for Scheduled Tribes. The study further undertakes a comparative analysis with international legal frameworks, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), International Labour Organization Convention No. 169, and jurisprudence of international human rights bodies. Using doctrinal and comparative methods, the paper argues that denial of infrastructure to tribal communities amounts to structural discrimination and violates both domestic constitutional norms and international human rights standards. The paper concludes with policy and legal recommendations for harmonising Indian governance practices with global indigenous rights standards.