Big landholders, outsider, institutions and various other actors have been grabbling large acres of land from the tribals either by using force or by manipulating them. According ministry of rural development, 2000, around 9, 15,442.57 acres of tribal land has been reported to be alienated. Fernandes, (1998) has talked about few amendments which were done in the Land Acquisition Act of 1894 by the government of India, so that it can provide a shield to protect the tribal land. The protection of tribal land rights represents not just a legal obligation but a moral imperative for a diverse and inclusive India. Despite comprehensive legal frameworks, the continued alienation of tribal lands highlights the gap between legislative intent and ground reality.

• In this way, the patwaries of the villages show some land to the tribals and allow them to cultivate it.
• Furthermore, if Scheduled Tribes or other traditional forest dwellers were illegally displaced from their forest land before December 13, 2005, they are entitled to rehabilitation, including compensation.
• The Santhal Pargana Tenancy Act operates on similar principles, with the additional stipulation that land cannot be sold even to fellow tribal members unless explicitly recorded in the Khatian (land records).

The scheduled castes and scheduled tribes are two specific groups that are recognised as being particularly vulnerable to discrimination and social exclusion. The scheduled castes are a mostbet india group of historically oppressed people who were once considered to be “untouchable” by the caste system. The scheduled tribes are a group of indigenous people who have traditionally lived in remote and marginalised areas.

In the case of St. Stephen’s College vs. University of Delhi (1991), the Supreme Court addressed whether minority educational institutions are permitted to allocate seats for students belonging to their own community. The court determined that minority institutions possess the authority to enrol students from their own community, as long as the admission procedures maintain fairness and transparency. Furthermore, if Scheduled Tribes or other traditional forest dwellers were illegally displaced from their forest land before December 13, 2005, they are entitled to rehabilitation, including compensation. When the British intervened in the tribal zone to plunder tribal natural resources during British colonialism in India, land alienation among tribes began. Furthermore, moneylenders, zamindars, and traders occupied tribal territories through loan advances, etc. The establishment of mines and a few factories in the tribal habitat provided wage labor as well as factory work opportunities.

The Act has also helped to strengthen the capacity of forest-dwelling communities to manage their own resources and to participate in decision-making processes that affect their lives and livelihoods. According to rural development institute, 2001, around 45 percent of the world’s population earn their food and livelihood from land. Land is not only a source of livelihood, but along with land holdings, and land ownership comes with social dignity, economic viability and a sense of security.

This case is a milestone in recognizing the importance of tribal control over land and resources and has had a lasting impact on land acquisition policies in tribal regions. The land distribution pattern is also responsible for tribal misery as it follows existing social hierarchy. No legislation yet has been able to halt to land alienation among these marginalised populations.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)

This would help in maintaining a proper record of the land and also help tribes to claim on their land. Many a times, the tribals are harassed and are deprived of basic rights and freedom through dispossession of their land, territories and resources. Perhaps the most significant challenge is the lack of political and administrative will to enforce existing laws. Forty percent of states with Scheduled Areas have not even formulated necessary rules for implementing PESA, even decades after its enactment. Governors, who have significant powers under the Fifth Schedule to regulate land transfers, have rarely exercised these powers independently.

Introduction to Tribal Rights and Indigenous Peoples’ Legal Framework

Strong laws that guarantee Adivasi land rights appear to exist on paper, but they have been implemented half-heartedly and with great variation between states and even across territories within states. The Adivasis are India’s indigenous tribes, and a clarion call for their rights and privileges has echoed throughout the country for a long time. Land as a social justice concern for Adivasis has a long history of rebellions and struggles throughout history. Tribals and forest rights issues are frequently seen in the news and hence important for the UPSC Mains. (g)  One of the major reasons for illegally alienating land has been the missing or mutilated land records because of which it becomes difficult for the tribes to claim their right on the land. Thus it becomes very essential that the land records at both district as well as circle level should be updated and upgraded using the help of computer technology.

Despite this constitutional framework, land remains a state subject under the Indian federal structure. Some states have been proactive in enacting rules and enforcing protections, while others have lagged significantly, leaving tribal communities vulnerable to continued exploitation. In response to this unrest, the British government introduced protective measures, beginning with the Wilkinson Rules in 1834.

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These include measures such as sensitization and training of public officials, mandatory reporting of such crimes, and the establishment of vigilance and monitoring committees at various levels. The Act also establishes a process for recognising and settling the rights of forest-dwelling communities and for resolving disputes over forest land and resources. The Scheduled Tribes and Other Traditional Forest Dwellers Act of 2006 (also known as the Forest Rights Act) is a landmark piece of legislation in India that recognises the rights of forest-dwelling communities to their traditional lands and resources. The Act acknowledges that forest-dwelling communities have a long history of sustainably managing and conserving forest resources, and that their rights should be respected and protected. Land alienation has been occurring on two levels, one is at individual level and the other one is at institutional level. Saran (2005), further explains land alienation at individual level through four cross sectional categories.