Title: Indian Civil Rights Act Of 1968 | Encyclopedia.com
Headings: Indian Civil Rights Act (1968)
Indian Civil Rights Act (1968)
Indian Civil Rights Act (1968)
EVENTS LEADING TO THE ACT
TRIBAL CIVIL RIGHTS AND LIBERTIES
BIBLIOGRAPHY
Section 202 of the Indian Civil Rights Act
Section 203 of the Indian Civil Rights Act
Indian Civil Rights Act
INDIAN CIVIL RIGHTS ACT
BIBLIOGRAPHY

Content: If the denial of rights is proven, the federal court orders a release from custody (jail). TRIBAL CIVIL RIGHTS AND LIBERTIES
The Indian Civil Rights Act does not allow a tribal member whose rights are violated to collect money damages against the tribal government. It does not even allow for an injunction (an order to quit violating the law). Because the only remedy is a writ of habeas corpus, a tribal member cannot even sue under the Indian Civil Rights Act unless he or she is being held in custody. One case decided under the Indian Civil Rights Act allows a writ of habeas corpus to challenge a banishment from the reservation. In that case, the "custody" is in the world outside the reservation rather than in a jail. What the Indian Civil Rights Act is best known for is extending part of the Bill of Rights to individual Indians against tribal governments. The parts of the Bill of Rights not included in this extension are those that would make no sense in the Indian government context. For example, the free exercise of religion is protected to account for the conflict between Christians and traditional religions where such conflict exists, but there is no ban on establishment of religion, since some tribes had traditional theocracies (government by religious leaders). The right to a lawyer in a criminal case is absent because lawyers are absent from many reservations.