Under the act, if a non-tribal had acquired a land belonging to an ST between October 4, 1956 and September 4, https://gugobett.com/ 2002, he/she had to furnish a declaration to competent authority stating circumstances and manner of possession of land. The declaration had to be furnished within two years from September 4, 2002. In case, the declaration is found to be unsatisfactory or the possessor fails to furnish the declaration, the agricultural land should be given back to the original tribal owner. Since obtaining a loan by mortgage of land with a public financial institution is only limited for agriculture purposes, the financial institutions are not entertaining any other loan applications to deserving ST persons, it reasoned.

The Mahayuti government will soon enable the easy transfer of tribal land to non tribal, private entities on lease, which is currently legally restricted. Revenue Minister Chandrashekhar Bawankule stated on Friday that the government will soon introduce a law to this effect, enabling tribal landowners to benefit financially from it. Opposition leaders from the tribal community, as well as a BJP MLA from the tribal community, have raised their voices against the move.

The matter was placed before an inter-ministerial committee headed by the then revenue minister and later approved by the TAC. It is hard to see how, within the present configuration, the adivasi will ever be treated with the dignity and respect that Nehru called for. Short-sighted state governments will continue to dispossess tribals to humour urban populations or mining companies. Arrogant missonaries will continue to demand that tribals abandon their own culture to embrace that of the outsider. However, in tribal areas the VHP and the Maoists must be considered missionaries, too, in that they seek, by blandishments or by force, to convert the tribals to their own, alien, worldview. These three groups work energetically to augment their own flock at the expense of the others.

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• The documents clearly state that the Adivasi family had settled on this land, where they cultivated ragi and corn.
• Land alienation has been occurring on two levels, one is at individual level and the other one is at institutional level.
• Scheduled Tribes are one of the most disadvantaged, marginalised groups in India.
• Section 3 of the FRA protects a wide spectrum of rights—habitat rights, community rights, rights to live on forest land, conversion of leases, and access to forest resources.

In many cases it was reported that even the farmers had no idea about the loans, sometimes the loan was contracted by their previous generations too. Thus to stop such type of land alienations, laws need to be passed which would not allowed the interest to go beyond the principle amount of loan taken. (h)  Land alienation is so much prevalent among the rural people because of less or low return from the agriculture and poor irrigational facilities.

Traditional Authority over Tribal Land

Even today, taking advantage of their simplicity, land mafia, real estate dealers/owners find ways to take over tribal land. Once tribal to non-tribal land sale is allowed, the STs will be left with no land five years down the line,” said Rao. Rayagada MLA Markanda Muduli said banks do not sanction loans to tribals willing to mortgage their land because of their low value as compared to general land. There have been instances in the past when tribal land has been sold to non-tribals illegally for industrial and mining purposes. If the sale is legalised, it will only benefit tribals who are unable to do so due to the stringent law,” he added. Land rights activists say the amendment is in contravention of the PESA Act, 1996.

Notably, each group has a contempt for the history, the culture, the ideas, and the aspirations of the tribals themselves. In this way, the patwaries of the villages show some land to the tribals and allow them to cultivate it. But later, at onset of harvesting season, the patwaries gives the land to the influential farmers of the villages by the alienating land from the tribals. Many a times, the tribals are harassed and are deprived of basic rights and freedom through dispossession of their land, territories and resources.

It is surprising how the Law department did not point this out before the Cabinet approval to the proposed amendment to Regulation 2,” said Giri Rao, director, Vasundhara, a Bhubaneswar-based not-for-profit working on tribal land rights. He pointed out that no gram sabha was consulted about the proposed amendment. Whereas at sometimes, the identity and existing of the tribal groups becomes difficult because of various problems and obstacles faced by them.

In Kerala’s Attappady, illegal sale of protected tribal lands continues unhindered

He further disclosed that his complaint to the Asian Development Bank (ADB) led the bank to withdraw loans approved for the Assam Solar Plant project at Lahorijan, a Sixth Schedule area. It also took note of the submissions of Solicitor General Tushar Mehta that the Archaeological Survey of India (ASI) had referred to the difficulties with regard to protected monuments which are notified as waqf properties. The order said a declaration of a waqf in these areas was creating a serious threat to the existence of these cultural minorities, whose religious practices are distinct and who do not follow religious practices prescribed under the Islamic religion. Section 3E deals with the bar of declaration of any land in Scheduled or Tribal area as waqf. The restriction that only Muslims can create waqf was also held to be consistent with the religious nature of the institution. Sources in the ST and SC Development department said the amendment to Regulation 2 requires Presidential assent.

We must stand united to protect our lands, forests, and cultural identity. This is not just a fight for today, but for generations to come,” he asserted. Section 4 (m) (iii) of the PESA Act,1996 gives gram sabha the power to not only prevent alienation of land but also to restore illegally alienated land.