Several constitutional and legislative measures have been put in place to protect the land rights of tribals in the country.
Constitutional and legislative measures to protect the land rights of tribals
Part X of the Constitution contains special provisions relating to administration of Scheduled Areas and tribal areas. Sub-paragraph 2 of Paragraph 5 of Part B of Schedule-V, under Article 244 (1) of the Constitution provide that the Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area. In particular, and without prejudice to the generality of the foregoing power, such regulations may—
Prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area, regulate the allotment of land to members of the Scheduled Tribes in such area; regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area.
In making any such regulation, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question.
The Panchayats (extension to the Scheduled Areas) Act, 1996 provides for the extension of part IX of the Constitution relating to Panchayat to the Scheduled areas. The Act, inter-alia, provides that the Gram Sabha or Panchayats at the appropriate shall be consulted before making the acquisition of land in the scheduled areas for development projects and before resettling or rehabilitating persons affected by such projects in scheduled areas.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 seeks to recognize and vest the forest rights and occupation in forest land in forest dwelling STs and OTFDs who have been residing in forests for generations. The responsibility for implementation of the Act lies with the States/UTs. Section 4(5) of FRA, 2006 ensure that no member of a forest dwelling Scheduled Tribe or Other Traditional Forest Dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete.
In order to ensure fair compensation and timely and proper rehabilitation of displaced tribal people across the country, adequate provisions in the “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013” have been made. As per section 41 of the Act, as far as possible, no land is to be acquired in the Scheduled Area. In case acquisition or alienation of any land in the Scheduled Areas, prior consent of Gram Sabha or the Panchayats or the Autonomous District Councils, as the case may be, is required to be obtained. The Act also lays down procedure and manner of rehabilitation and resettlement (R&R) wherein R&R is an integral part of the land acquisition plan itself. Chapter-V and VI of the said Act contain detailed provisions of R&R awards and their implementation. As per the provisions of Section 48 of the RFCTLARR Act, 2013, a national Monitoring Committee is to be set up for reviewing and monitoring the implementation of Rehabilitation and Resettlement Schemes, looking into issues related to displacement of people, payment of compensation, rehabilitation and resettlement, and the status of land acquisition.
This information was given by the Union Minister of State for Tribal Affairs Shri. Sudarshan Bhagat in Rajya Sabha today .
****
NB/RN