Abstract
Environmental justice and human rights are intrinsically linked, particularly for indigenous groups facing systemic repression in the context of environmental governance and resource exploitation. This research examines the repression of indigenous communities in Nepal, such as the Bote, Majhi, Magar Tharu, Rai, Limbu, and other Janajati groups, alongside comparative cases from other regions. The study investigates how state policies, conservation initiatives, and climate change mitigation projects, such as Nepal’s REDD+ programs and hydropower developments, disproportionately marginalize indigenous groups, violating their land rights, cultural heritage, and livelihoods. Employing a political ecology framework and environmental justice lens, the research combines qualitative methods, including ethnographic interviews, policy analysis, and case studies, to highlight the interplay of social differentiation (caste, gender, ethnicity) and environmental dispossession. Findings reveal that indigenous groups face exclusion from decision-making, livelihood constriction, and cultural erasure, exacerbated by global environmental policies prioritizing carbon offsetting over local rights. The paper argues for a decolonizing approach to environmental justice that centers indigenous epistemologies and self-determination. Recommendations include reforming conservation policies, enhancing indigenous representation in governance, and aligning international environmental frameworks with human rights obligations. This study contributes to environmental justice scholarship by amplifying marginalized voices and advocating for inclusive, equitable environmental governance.

Concept of Environmental Justice and Human Rights
Environmental justice is concerned with the equitable sharing of environmental liabilities and benefits at the local, national, and international levels. The goal is to ensure that individuals most affected by environmental changes can participate in decision-making and that those who are negatively affected have access to compensation or other remedies.¹  Environmental injustice can thus be identified whenever there is inequality or unfairness in the distribution of environmental burdens, when people are excluded from the processes that determine how that distribution will be carried out, or when disproportionate distribution is not offset by adequate reparation. This includes possible inequalities between wealthy and developing countries, as well as between current and future generations. ²
Human rights are fundamental and inalienable rights that are necessary for human survival, irrespective of nationality, ethnicity, religion, or sex. These rights enable us to completely develop our human traits, intelligence, abilities, and conscience while meeting our bodily, spiritual, and other requirements. Human rights are frequently enshrined in a constitution and are called common rights because they are shared by all men and women globally. ³

Meaning of Indigenous Group
In Nepal, the phrase indigenous people (Adhibasi) refers to ethnic communities (Janajati). Nepal's Constitution recognizes indigenous people as Janajatis (Nationalities). The Foundation for Development of Indigenous Nationalities defines indigenous people as ethnic communities with their own language, customs, culture, social structure, and history.⁴  Indigenous peoples have been traditionally discriminated and marginalized by the dominant caste groups in terms of land, territories, resources, language, culture, customary laws, political and economic opportunities, and collective way of life. The International Labour Organization's Indigenous and Tribal Peoples Convention ⁵ indicates that the convention covers 'indigenous peoples' as people in independent countries are those whose ancestors lived in the country or geographical region prior to conquest, colonization, or the establishment of current state boundaries irrespective of legal status, individuals may maintain their own social, economic, cultural, and political organizations. ⁶

The Nexus Between Human Rights and Environment Justice
The protection of the environment is a crucial aspect of contemporary human rights doctrine, as it is inseparable from other rights like health and life itself. The damage to the environment can undermine all human rights mentioned in the Universal Declaration on Human Rights. 
The environmental aspects of current human rights can be classified as either direct or indirect: direct in the sense that a poor environment will directly restrict a person's or a community's ability to enjoy a particular right that is guaranteed to them, or indirect in the sense that a poor environment will affect a person's or a community's ability to realize their human rights generally, or impede a government's ability to protect and fulfill its citizens' rights.⁷ In this sense, environmental protection can be constructed as a prerequisite for the full enjoyment of human rights.
The connection between the environment and human rights in international law dates to the Stockholm Declaration and the Rio Declaration, which emphasize the right to existence in "harmony with nature." The Rio Declaration recognizes procedural rights, such as public participation, access to justice, and information on the environment. ⁸

Rights of indigenous rights
The International Covenant on Civil and Political Rights (ICCPR) guarantees that no one shall be denied the freedom to enjoy their unique identity, culture, or way of life, especially for ethnic, religious, or linguistic minorities.⁹ An ethnic minority's freedom to enjoy their culture is vital, particularly when that culture includes a way of life that is strongly tied to the utilization of resources and land, as is the case with many Indigenous peoples.¹⁰ More specific rights are outlined in the UN Declaration on the Rights of Indigenous Peoples and Convention No. 169 of the International Labour Organization (ILO). 
According to the United Nations' UNDRIP treaty, nations are required to acknowledge and defend Indigenous peoples' rights to their historically held lands, territories, and resources. Additionally, according to the UNDRIP, Indigenous peoples are entitled to support for the preservation and protection of their lands, territories, and resources. Despite not having legal force behind it, the UNDRIP has impacted how human rights organizations have interpreted treaties such as the American Convention, CERD, and ICCPR. ¹¹

Indigenous Groups of Nepal
According to the Central Bureau of Statistics 2021 Census of Nepal, the overall population of Indigenous Peoples in Nepal is 35.08%, or 29,164,578. However, Indigenous scholars and movement leaders claim they represent the majority. The government publicly recognizes 59 Indigenous Peoples in Nepal, while 19 more are identified in the 2021 census but have yet to be properly acknowledged.¹² The indigenous groups include Tharu, Limbu, Rai, Tamang, etc.

Challenges of Indigenous Communities in Nepal
The rights to consultation, participation, representation, and consent¹³  are crucial for protecting the dignity, autonomy, and livelihoods of Indigenous Peoples, especially in the context of environmental policies and projects. International instruments like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) explicitly establish these protections, mandating states to consult and cooperate in good faith with Indigenous communities to obtain their free, prior, and informed consent (FPIC) before enacting any legislative or administrative measures.¹⁴ However, environmental programs like the Green Climate Fund, National Adaptation Plans, and REDD+ have often failed to uphold this principle which leads to Indigenous Peoples being excluded from decision-making processes and their concerns seldom integrated into project proposals.¹⁵ Without these protections, environmental initiatives risk perpetuating structural inequalities and harming communities most intimately connected to their natural environments.
The National Parks and Wildlife Conservation Act of 1973 has marginalized Indigenous peoples in Nepal, limiting access to protected areas and impacting their traditional livelihoods.  Many people who have been displaced from their ancestral lands have been pushed into exploitative sharecropping arrangements that are controlled by social norms rather than legal ones.¹⁶ The militarization of conservation areas has resulted in arbitrary arrests, torture, and murder. Various reforms are needed to respect Indigenous land rights, promote conservation management involvement, and compensate for past injustices. 
In June 2020, the Bardiya National Park office issued a seven-day notice to 141 families in Barabardiya Municipality, Bardiya, threatening eviction if they left the forest area. Despite protests, an NHRC (National Human Rights Commission) intervention, and a PIL petition in the Supreme Court, the eviction was prevented. As of early April 2021, families continue to live in the area, awaiting the outcome of the case before the Supreme Court.¹⁷
In May 2017, the army set fire to over 100 Tharu families in an informal settlement in Jharniya, Magaradi Village Development Committee. After mediation, the army agreed to let the community stay in the buffer zone if they confirmed they were "real landless" and provided a recommendation letter from any political party. However, a new committee identified only 64 households out of 105 as landless dwellers, despite electricity payments.¹⁸

Indigenous Communities in India
The Indigenous society has suffered greatly in the past. Many Indigenous people have overcome great hurdles to achieve great things for their communities. Statistically, Indigenous people have poor health, educational opportunities, life expectancy, employment options and many live in very remote areas. Along with these issues, many still must deal with negative social attitudes. There are many things being done to help Indigenous peoples but there is still a lot more that could be done.¹⁹
Although most Indigenous people live in country towns and cities there is still a percentage that live in very remote areas. This remoteness creates many challenges for them as it limits access to necessary services, like health services and educational institutions. It also reduces employment opportunities, which results in high unemployment.²⁰
One of the major challenges that unfortunately still faces the indigenous community today are the negative social attitudes that are still common. Much has been done recently to create an understanding amongst non-Indigenous people about their past and how it still affects them today. Reconciliation has become important in creating better understanding of Indigenous culture and building stronger relationships within the whole community.²¹
The lack of international recognition greatly limits Adivasis' ability to protect their lands from industrial encroachments, mining, and deforestation through global legal frameworks. Unlike Indigenous peoples in other countries who can rely on international law to defend their territories, Adivasis in India face frequent violations of their land rights and struggle to access international legal support. Today, they face growing threats from both the Modi government and conservation efforts, putting their lives, lands, and survival at risk. In 2019, the Supreme Court of India ordered the eviction of 8 million people, and around the same time, Prime Minister Narendra Modi's administration pushed for stricter forest laws that would allow forest officials to use lethal force without accountability. These actions severely weaken the vital protections offered by the Forest Rights Act, leaving Adivasi communities more vulnerable than ever. ²² 

Legal Frameworks in context to Nepal

A. Constitutional provisions of indigenous people:
Nepal's 2015 Constitution empowers indigenous nationals to participate in communal decision-making and promote their identity, traditions, and culture through special provisions for benefits. The Constitution grants indigenous people the right to participate in public posts through the concept of inclusion ²³, while in other article protects the right to maintain and promote one's language, script, culture, civilization, and legacy.²⁴ The constitution established the Indigenous nationals Commission to encourage the growth of indigenous nationals while conserving their identity culture and mainstreaming development-related decisions. The constitution has provisioned that every person shall have the right to live in a clean and healthy environment as a fundamental right for the people.²⁵

B. The Adivasi Janajati Commission Act, 2074 BS:
The Adivasi Janajati Commission Act, 2074 BS, was passed by the Legislature-Parliament and ratified by the Hon’ble President on 2074/6/27. The act focuses on the history, culture, protection, and empowerment of the Adivasi Janajati community.²⁶ The Commission's functions include studying the community's situation, making policy, legal, and institutional reforms, and recommending national policies on empowerment. It also evaluates and formulates programs for the development and empowerment of economically or socially backward individuals within the Adivasi Janajati community. The Act also advises the government to end superstitions and exploitation, preserve traditional skills, technology, and specialized knowledge, and recommends the listing of surnames and museums. The Act also includes policies and programs to establish sites of origin, protect objects and sites, enforce a code of conduct for staff, and approve annual plans and programs.

C. Nepal Foundation for Upliftment/Development of Indigenous Nationalities.
In 2002, the Nepal Parliament established the "National Foundation for Upliftment/Development of Indigenous Nationalities (NFDIN)," which became operational in 2003. The NFDIN Act of 2002 formed the first a complete policy and institutional framework for Adivasis/Janajatis. The statute describes indigenous communities, also known as Adivasi Janajati in Nepali, as having its own land, mother tongue, traditions, cultural identity, social structure, and history. NFDIN has officially recognized 59 indigenous communities.

D. Forest Act, 2076
The current laws on forests should be amended and consolidated to manage national forests, including government-managed, forest protection zones, community forests, partnership forests, lease-hold forests, and religious forests, contributing to national prosperity by protecting wildlife, environment, watersheds, and biodiversity.
Nepal is also signatory to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and party to International Labor Organization (ILO) Convention (169) of 1989 ratified in September 2007. The ILO Convention no. 169 of 1989 is the most comprehensive legally binding treaty on the rights of indigenous peoples. The Convention includes provisions on cultural integrity, land and resource rights and non-discrimination, and instructs states to consult indigenous peoples in all decisions affecting them.

Legal Framework in context of India
In India, Indigenous people are referred to as ‘Scheduled tribes’ as it is an administrative term used to provide constitutional privileges, protection, and benefits for a specific section of people, who were considered underprivileged and backwards historically. Indian Constitution provides various provisions for the protection including: 
The State is empowered to make special provisions for the advancement of any socially and educationally backward classes of citizens or for (the Scheduled Castes) and the STs . The State, to promote with special care the educational and economic interests of the weaker sections of the people, and of (the Scheduled Castes and) the STs²⁷, and protect them from social injustice and all forms of exploitation.²⁸
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
This act was introduced by the Indian government to ensure forest dwellers various rights like self-determination, legal ownership over ancestral property, participation in decision-making, and FPIC. This act has the potential to democratize forest governance by recognizing community forest resource rights. It will ensure that the people get to manage their forest on their own, which will regulate the exploitation of forest resources by officials, improve forest governance and better management of rights of tribal people.

Mapping the Judicial Footsteps in Nepal
The Court has emerged as an essential locus of constitutional development. It has interpreted constitutional provisions, reviewed the constitutionality of legislative enactments, and delivered landmark decisions on cases regarding the formation and operation of government and parliament.²⁹ In the case, the supreme court held that the importance of environmental justice and inter-generational equity, acknowledging the increased vulnerability of the Chure region due to climate change.³⁰ Also, the court had affirmed the principle of inclusive democracy and indigenous peoples’ political rights.³¹
The Supreme Court directed the government to ensure that the Tharu people in the Tarai region were provided land titles and land reform measures that would give them proper legal ownership of their ancestral lands. It also emphasized that the Tharu people’s traditional knowledge, land use, and settlement patterns must be recognized in land administration policies.³² In this case, the case underscored the need for transparency and accountability in large infrastructure projects, especially those affecting Indigenous groups.³³

Recommendations
We respectfully request that the Indigenous Working Group Organizations, and the Human Rights Council urge the Government of Nepal to:
●    Take operational steps to implement the United Nations Declaration on the Rights of Indigenous Peoples, including the recognition of the right to land and natural resources of all Indigenous peoples in Nepal.
●    Evaluate and align all legislation and government programs with the UN Declaration on the Rights of Indigenous People.
●    Repeal all laws which provide unfair economic/social and environmental   advantages to the ruling caste at the expense of Indigenous groups.
●    Promotes education, environmental awareness, and sustainable development among indigenous communities. Foe e.g. through: (IPFEE).
●    Provide full political incorporation and participation of the National Dalit Commission and the National Foundation for Development of Indigenous Nationalities.
Conclusion:
At the heart of both environmental justice and human rights lies the dignity, identity, and survival of Indigenous peoples. In Nepal and India, Indigenous communities have long nurtured their lands, forests, and rivers not only as sources of livelihood but as integral parts of their cultural heritage and way of life. Yet, they continue to face displacement, exclusion, and systemic inequalities, often in the name of development and conservation.
Despite the presence of constitutional guarantees, international declarations like UNDRIP, and laws intended to protect Indigenous rights, the lived realities of these communities remain harsh. In Nepal, ancestral lands are still being taken without proper consultation or consent, while in India, policy changes and legal setbacks have left Adivasi peoples increasingly vulnerable. There’s a growing disconnect between the rights promised on paper and the justice experienced on the ground. True environmental justice isn’t just about protecting nature; it’s about protecting the people who have cared for it for generations. Indigenous knowledge systems, traditions, and community-based stewardship are essential for sustainable environmental practices, yet these are too often overlooked in decision-making spaces. Their voices must be heard, their rights respected, and their futures secured. Moving forward, it is essential for both governments to honor their national and international commitments. Laws must be reformed, discriminatory practices dismantled, and meaningful participation ensured in policies that affect Indigenous lives and lands. Only through such genuine, inclusive action can we hope to build a future where both people and nature thrives a future rooted in fairness, respect, and shared humanity.