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The other type of land alienation which is prevalent in rural areas is basically among the poor tribals to meet day to day needs. In such type of alienation, the tribals either outright sale their land at very low rates or are trapped by illegal mortgagers. By asserting that tribal habitations and community infrastructure do not have to be removed to make room for conservation, the Court punctures the long-standing myth that development projects or ecological protections must necessarily override tribal rights. Instead, it demands that the State “educate the tribals/forest dwellers” about the rights they possess—a sharp reminder of the paternalistic governance systems that have kept tribal communities disempowered and uninformed. In connection with a case filed by two tribal people, Ponni and Kakki, over the encroachment of their land in 1987, the Kerala High Court had issued an order in 2000 that the alienated land belonged to the tribes. But even after the landmark judgment, there were no efforts from the side of the government to restore the alienated properties, Murugan says.

UPHOLDING INDIA’S CULTURAL LEGACY

• (a) There should be a formation of an appellate authority involving members from the judiciary revenue department and Scheduled Tribes department.
• The Morung Express is a people-oriented alternative newspaper based in Nagaland that was conceived from the Naga people’s historical realities and is guided by their voices and experiences.
• It was also approved by the TAC to be followed by the Cabinet’s move to give a go ahead.

Since the 1950s, Hindu missionaries have emulated them, by opening their own set of patshalas and clinics. The Maoists, for their part, do often attempt to get the tribals a higher wage for labouring in a landlord’s field, and higher rates for the collection of forest produce. (e)  Women have been kept away from their rights and land, as they have no right of inheritance or ownership on immovable properties. But the tribal societies have customary provision for safeguarding the rights of women. The Madhu Kishwar’s case, who filed a case on the behalf of a Ho woman in Supreme Court, becomes one of the important landmarks on the right and ownership of women over land. (a) There should be a formation of an appellate authority involving members from the judiciary revenue department and Scheduled Tribes department.

The Fifth Schedule provides for the administration of tribal Areas in ten states in India, including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana. One night, some of them opened fire on the small FUNAI station built on the reservation. They were repelled by four policemen who happened to be there on an annual visit. Ethnographer Sydney Possuelo, a leading authority on isolated tribes, is worried too.

“Cabinet approval is one step towards sending it to the Governor and then to the President for assent. Now that the move has been put on hold, the matter will be discussed again in the TAC and then, the proposal will be revisited,” an official said. The audit report revealed in absence of fixation of time limit for disposing of cases filed under the act, of the total 2,134 pending cases, 1,347 cases remained pending beyond 10 years and 391 cases were pending for six to 10 years. In 20 test-checked cases involving 66.57 acre of land, despite receipt of enquiry report from the tehsildar between July 2008 and September 2021, the cases had not been disposed of by the sub-collector concerned. Tribal India has increasingly become a theatre for the competitive harvest of souls. This is because the Maoists have behind them the power of the gun, whereas the Hindutva groups can command the power of the state apparatus.

Despite the current Acts restricting the transfer of tribal land, there are complaints that businessmen, builders, and powerful people are using their influence within the government system to acquire it. If such a law is introduced, it would be misused, and the tribal landowner will become landless,” said Gavit. We can still find the original name of the land owners if we check the village survey records. For example, in the survey documents the name will be Marutha, but the title deeds will say Maruthan Gountar,” https://gugobett.com/ explains Murugan, a tribal rights activist from Attappady. Interestingly, as can be observed from Figure 1, the states that have a preponderance of tribal populations also host major mineral reserves, often lying beneath India’s richest forests and watersheds.

Trouble in tribal lands of Odisha

To sell their land, members of ST communities will have to obtain written permission from the sub-collector. 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. For tribals land is very important, they are strong attached to their land and even emotionally. But the land alienation among the tribals, make them helpless and landless, leading to economical and mental insecurities.

Their forest rights are now in jeopardy following the Supreme Courts order directing states to evict tribes and other traditional forest dwellers whose claims for recognition of their rights have been rejected. The order is going to affect over 10 lakh families across 16 states, and may cover a much larger number considering that there are other states that are yet to make submissions to the apex court. It has come in the wake of petitions filed by Wildlife First, a non-governmental organisation and a few retired forest officials challenging the legality of the Forest Rights Act. At the time of going to the press, the Supreme Court has stayed this order and directed the states to submit details of the process adopted inrejection of claims under the Forest Rights Act. Activists, on the other hand, feared this will only open the floodgates unless strong checks and balances are put in place. “There have been multiple cases of illegal occupation of tribal lands in the past.

At a time when forests are shrinking, mining pressures are rising, and tribal cultures face existential threats, this judgment charts a new path. It shows that India can honour its ancient traditions, uphold constitutional promises, and pursue sustainable development—without succumbing to the greed of unregulated capitalism. The Saranda judgment is more than a legal decision; it is a moral and civilisational statement. It places tribal rights not at the margins of Indian law, but at its centre. It recognises that conservation without people is hollow, development without consent is unjust, and capitalism without checks is dangerous. Perhaps the most consequential impact of this judgment lies in its ability to act as a shield against predatory capitalism.

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