The concept of "terra nullius" was used by European colonizers to justify

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BPSC AE Paper III General Studies 18 Dec 2024 Official Paper
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  1. Establishment of trading posts
  2. Land appropriation from indigenous people
  3. Forced religious conversion
  4. Slave trade

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Option 2 : Land appropriation from indigenous people
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The correct answer is Land appropriation from indigenous people.

Key Points

  • The term "terra nullius" translates to "land belonging to no one," implying that land is uninhabited or unused, thus available for appropriation.
  • European colonizers used the concept of terra nullius to justify seizing land from indigenous populations by declaring such territories "empty" or unclaimed.
  • This legal doctrine ignored the existence and rights of indigenous people, who often had rich cultural, spiritual, and economic ties to the land.
  • Historical examples include the colonization of Australia, where the British declared the land terra nullius despite Aboriginal peoples living there for tens of thousands of years.
  • The doctrine of terra nullius was later challenged and invalidated in various legal systems, such as the landmark Mabo decision in Australia (1992), which recognized native land rights.

Additional Information

  • Colonial Expansion
    • European powers engaged in aggressive territorial expansion during the Age of Exploration (15th-17th centuries).
    • Doctrines like terra nullius and the "Doctrine of Discovery" were used as tools for legitimizing colonial rule.
    • These policies often led to the dispossession, exploitation, and marginalization of indigenous populations globally.
  • Indigenous Land Rights
    • Indigenous land rights refer to the legal and moral recognition of native people's ownership, stewardship, and cultural connection to land.
    • Various international bodies, such as the United Nations, advocate for the protection and restoration of indigenous land rights.
    • The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) emphasizes the need for governments to respect indigenous sovereignty over their lands.
  • Mabo Decision
    • The Mabo decision (1992) by the High Court of Australia overturned terra nullius in Australia.
    • It recognized native title and affirmed that Aboriginal and Torres Strait Islander peoples had lived in Australia long before British colonization.
    • This landmark case established legal precedents for indigenous land claims globally.
  • Impact of Colonization
    • Colonial policies like terra nullius caused widespread displacement of indigenous communities.
    • Loss of land often resulted in economic, social, and cultural disruptions for native populations.
    • Efforts to reclaim indigenous lands continue to be a critical issue in post-colonial societies.
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