Empowering Energy Law with Indigenous Ecological Knowledge: A Legal Framework for Sustainable Development
Year: 2026
Type: article
Abstract: This paper explores the integration of Indigenous Ecological Knowledge (IEK) into legal structures for renewable energy, with specific focus on India and South Asia. The research examines current statutes, judicial decisions and policy frameworks that either assist or hinder the recognition of traditional knowledge systems in energy governance. This paper presents a comparative legal analysis and case studies from India, Nepal and Bangladesh to demonstrate that, while there has been some progress in the recognition of indigenous rights, there are considerable gaps in translating this recognition into meaningful legal protection. This paper suggests a comprehensive legal framework that incorporates IEK as an inherent component of sustainable energy development, arguing that this incorporation would result in improved environmental justice, greater climate resilience and better sustainable resource management. Proposed reforms include constitutional amendments, statutory provisions recognizing rights of nature, procedural safeguards in environmental impact assessments and benefit-sharing mechanisms acknowledging the contributions of indigenous communities to ecological conservation.
Source: Asia Pacific Law & Policy Review
Authors: Sahil Asiwal, Shivani Srivastava
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7214587859