Land alienation in Scheduled areas

Land is not only a tangible asset but is the mainstay of most of the rural folks as they are dependent on agriculture and allied activities. The tribal economy is also primarily agro-based and they have emotional attachment to land. But, with the opening of the tribal areas, the tribal land is being alienated to the non-tribals. Consequently, a large number of tribal cultivators have been rendered landless labourers.

The incidence of land alienation varies from state to state. Laws have been enacted in all the states to deal with the problem of land alienation to the tribals.In the past, an Average tribal family had a fair size of land-holding which supported it even with primitive methods of cultivation. The increasing pressure of Population on land particularly from the advanced section of Society has forced the tribals to leave their land.

The tribal areas remained outside the land management system for a long time because of their inaccessibility. They developed their own traditional system of land management. The land ownership among the tribals broadly fell under three categories namely, (i) community land, (ii) land belonging to clans and (iii) individual holdings. Some of the tribal areas were also covered by the British system of land revenues and some of them were parts of Indian princely states. These states had no uniform land tenure system. Thus, due to the absence of a regular land settlement system or up to date record of land rights, the tribals were at the mercy of the petty revenue officers, Forest Departments and the landlords.

With the introduction of commercial orientation of land as a resource, there was a substantial increase in the pressure on the tribal land. The problem of land alienation started with the opening of the tribal areas as a result of developmental processes and setting up of various Irrigation, power, industrial and mining projects. The tribals could not take advantage of the legal remedies on account of illiteracy and POVERTY. In the post-Independence period the reorganization of the States and Scheduling of the areas had far-reaching implications on the tribal land. Many predominantly tribal areas which had remained outside the scheduled areas did not get the benefit of protective land-laws for quite sometime. Apart from alienation of tribal land to the non-tribals, its acquisition for various public and private purposes has also been allowed. The incidents of land alienation is more in areas which are rich in mineral and other natural Resources and where there are possibilities of increased agricultural production.

A sizeable area of the tribal land has been alienated. The causes are:

Indebtedness
Lacunae in the land laws
Acquisition of land for public purposes by the Government and other institutions
Encroachment and forcible eviction of tribals from their land.

Protective Provisions related to scheduled areas

ARTICLE 15(4): Promotion of Social, Economic and Educational Interests

Article 15 prohibits any discrimination on grounds of religion, race, caste, sex, or place of birth. Clause 4 of this Article empowers the state to make any special provision for advancement of the Scheduled Castes and Scheduled Tribes.

Article 16(4): Reservation in Posts and Services

Article 16(4) is another exception to the right of Equality of opportunity in the matters of public EMPLOYMENT laid down in clauses 1 and 2 of Article 16.

Article 19(5)

Safeguard of Tribal Interest in Property While the rights of free movement and residence throughout the territory of India and of acquisition and disposition of property are guaranteed to every citizen, special restrictions may be imposed by the State for the protection of the interests of the members of the Scheduled Tribes under Article 19(5).

Article 23

Article 23 prohibits traffic in human beings, beggars and other similar forms of forced labor. This is significant for the Scheduled Tribes as many of them are employed as bonded labor.

Article 29

Cultural and Educational Rights This Article provides protection to Scheduled Tribe communities to preserve their languages, dialects and cultures.

Article 46

This Article provides for promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

Article 164

This Article provides for a Minister in charge of tribal welfare in the states of Bihar, Orissa and Madhya Pradesh.

Article 320(4)

Article 320(4) provides that Public Service Commissions need not be consulted as respects the manner in which any provision referred to in Clause 4 of Article 16 may be made or as respects the manner in which effect may be given to the provisions of Article 335.

Articles 330, 332 and 334

Seats shall be reserved in the House of People for Scheduled Castes and Scheduled Tribes (Article 330). Seats shall also be reserved for Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of every state (Article 332).Such reservation shall cease to have effect if it expires a period of 40 years from the commencement of the Constitution,i.e., in 1990(Article 334).

Article 335

Limits of Reservation The claims of members of Scheduled Castes and the Scheduled Tribes shall be taken into consideration in the matter of appointment to the services and posts under the Union and the States as far as may be consistent with maintenance of efficiency of administration.

Article 338

Special Officer There shall be a special officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President.

Articles 371(A), 371(B) AND 371(C)

The Constitution contains special provisions under Articles 371(A), 371(B) and 371(C) with respect to the State of Nagaland, Tribal Areas of Assam and the State of Manipur respectively.

Article 339(1)

Appointment of a Commission The President may, at any time and shall, by order appoint a Commission to report on the administration of Scheduled Areas and the welfare of the Scheduled Tribes in the States (Article 339-1).,

Land alienation is the process by which tribal people lose their land to non-tribal people. This can happen through a variety of means, such as sale, lease, mortgage, or encroachment. Land alienation has a number of negative consequences for tribal people, including loss of livelihood, social disruption, and cultural erosion.

There are a number of factors that contribute to land alienation in Scheduled areas. These include:

Poverty: Tribal people are often poor and lack the resources to defend their land rights.
Lack of Education: Many tribal people are illiterate and do not understand the legal system. This makes them vulnerable to exploitation by unscrupulous land buyers.
Lack of awareness: Many tribal people are not aware of their land rights. This makes them easy targets for land alienation.
Government policies: Some government policies have contributed to land alienation, such as the Forest conservation Act of 1980, which restricts the rights of tribal people to access forest land.
Commercial interests: Commercial interests, such as mining companies and real estate developers, have also been a major cause of land alienation in Scheduled areas.

Land alienation has a number of negative consequences for tribal people. These include:

Loss of livelihood: Land is the primary source of livelihood for tribal people. When they lose their land, they are often forced to migrate to urban areas in search of work. This can lead to social and economic problems.
Social disruption: Land alienation can lead to social disruption, as tribal people are forced to leave their traditional homelands. This can disrupt social networks and lead to conflict between tribal and non-tribal people.
Cultural erosion: Land alienation can also lead to cultural erosion, as tribal people are forced to adopt new ways of life. This can lead to the loss of traditional customs and values.

A number of measures can be taken to prevent land alienation in Scheduled areas. These include:

Strengthening land rights: The rights of tribal people to land need to be strengthened. This can be done through legislation, such as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006.
Raising awareness: Tribal people need to be made aware of their land rights. This can be done through education and awareness campaigns.
Providing legal assistance: Tribal people need to be provided with legal assistance to help them defend their land rights. This can be done through legal aid clinics and NGOs.
Enforcing laws: The laws that protect the land rights of tribal people need to be enforced. This can be done by strengthening the judiciary and increasing the number of forest guards.

Land alienation is a serious problem in Scheduled areas. It has a number of negative consequences for tribal people, including loss of livelihood, social disruption, and cultural erosion. A number of measures can be taken to prevent land alienation, such as strengthening land rights, raising awareness, providing legal assistance, and enforcing laws.

In addition to the measures mentioned above, the following can also be done to prevent land alienation in Scheduled areas:

Promote community-based land management: Community-based land management can help to prevent land alienation by giving tribal people a greater say in how their land is used. This can be done through the formation of community-based organizations or through the development of land use plans that are developed with the participation of tribal people.
Strengthen the role of traditional institutions: Traditional institutions, such as village councils, can play an important role in preventing land alienation. These institutions can help to resolve land disputes and can also help to raise awareness of land rights among tribal people.
Provide training and support to tribal people: Tribal people need to be provided with training and support so that they can better understand their land rights and how to defend them. This can be done through training programs, workshops, and other forms of education and outreach.
Monitor land transactions: It is important to monitor land transactions in Scheduled areas to ensure that they are not fraudulent or illegal. This can be done by the government, NGOs, or community-based organizations.
Provide access to Justice: Tribal people need to have access to justice so that they can seek redress if their land rights are violated. This can be done by strengthening the judiciary and by providing legal assistance to tribal people.

Land alienation is a complex problem, but it is one that can be solved. By taking the measures outlined above, we can help to ensure that tribal people retain their land and their traditional way of life.

What is land alienation?

Land alienation is the process by which land is transferred from the ownership of one group of people to another, often through the use of force or coercion. This can happen through a variety of means, such as land sales, leases, or government expropriation.

What are the causes of land alienation?

There are many causes of land alienation, including:

Economic factors: Land can be alienated due to economic factors such as poverty, debt, or the need for cash.
Political factors: Land can be alienated due to political factors such as war, colonization, or government policies.
Social factors: Land can be alienated due to social factors such as discrimination, gender inequality, or caste systems.

What are the effects of land alienation?

Land alienation can have a number of negative effects, including:

Poverty: Land alienation can lead to poverty, as people who lose their land often have difficulty finding other sources of income.
Social unrest: Land alienation can lead to social unrest, as people who lose their land often feel angry and resentful.
Environmental Degradation: Land alienation can lead to environmental degradation, as people who lose their land often have less incentive to protect it.

What are the solutions to land alienation?

There are a number of solutions to land alienation, including:

Land reform: Land reform is a process of changing the ownership of land, often through the redistribution of land from large landowners to small farmers.
Community-based land management: Community-based land management is a process of managing land by local communities, often through the use of traditional land tenure systems.
Legal protections: Legal protections can be put in place to prevent land alienation, such as laws that prohibit the sale of land to non-indigenous people.

What is the role of the government in addressing land alienation?

The government can play a role in addressing land alienation by:

Enacting laws that protect land rights
Providing financial assistance to people who have lost their land
Promoting community-based land management
Providing education and awareness-raising about land rights

Which of the following is not a scheduled area?
(A) Andaman and Nicobar Islands
(B) Lakshadweep
(C) Nagaland
(D) Sikkim
Which of the following is not a provision of the Fifth Schedule of the Indian Constitution?
(A) The Governor of the State shall have special responsibility for the peace and good government of the Scheduled Areas and the welfare of the Scheduled Tribes in the State.
(B) The Governor may, with the Consent of the President, make regulations for the peace and good government of the Scheduled Areas and for the welfare of the Scheduled Tribes in the State.
(C) The President may, by public notification, direct that any provision of any law made by Parliament shall not apply to a Scheduled Area or any part thereof, or shall apply to such area or part thereof subject to such exceptions and modifications as he may specify in the notification.
(D) The President may, by public notification, direct that the provisions of any law made by the State Legislature shall not apply to a Scheduled Area or any part thereof, or shall apply to such area or part thereof subject to such exceptions and modifications as he may specify in the notification.
Which of the following is not a provision of the Sixth Schedule of the Indian Constitution?
(A) The Governor of the State shall have special responsibility for the administration of the tribal areas in the State.
(B) The Governor may, with the consent of the President, make regulations for the peace and good government of the tribal areas.
(C) The President may, by public notification, direct that any provision of any law made by Parliament shall not apply to a tribal area or any part thereof, or shall apply to such area or part thereof subject to such exceptions and modifications as he may specify in the notification.
(D) The President may, by public notification, direct that the provisions of any law made by the State Legislature shall not apply to a tribal area or any part thereof, or shall apply to such area or part thereof subject to such exceptions and modifications as he may specify in the notification.
Which of the following is not a right of the Scheduled Tribes under the Indian Constitution?
(A) The right to conserve their distinct culture, language and script.
(B) The right to practice and propagate their own religion.
(C) The right to develop their own literature and art.
(D) The right to establish and administer educational institutions of their choice.
Which of the following is not a provision of the Forest Rights Act, 2006?
(A) The Act recognizes and vests the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forest for generations but whose rights have not been recorded.
(B) The Act provides for the constitution of a Forest Rights Committee at the village level to investigate and recommend the recognition and vesting of forest rights.
(C) The Act provides for the constitution of a State Level Forest Rights Committee to review the recommendations of the Forest Rights Committees and to recommend the final recognition and vesting of forest rights.
(D) The Act provides for the constitution of a Central Empowered Committee to monitor the implementation of the Act.
Which of the following is not a provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?
(A) The Act prohibits the commission of any offense of atrocity against a member of a Scheduled Caste or a Scheduled Tribe.
(B) The Act provides for the punishment of any person who commits an offense of atrocity against a member of a Scheduled Caste or a Scheduled Tribe.
(C) The Act provides for the appointment of Special Police Officers to investigate and prosecute offenses under the Act.
(D) The Act provides for the establishment of Special Courts to try offenses under the Act.
Which of the following is not a provision of the Right to Education Act, 2009?
(A) The Act provides for free and compulsory education to all children of the age of six to fourteen years.
(B) The Act provides for the establishment of elementary schools within one kilometer of every habitation.
(C) The Act provides for the appointment of qualified teachers in all elementary schools.
(D) The Act provides for the provision of mid-day meals to all children in elementary schools.
Which of the following is not a provision of the National Food Security Act, 2013?
(A) The Act provides for legal entitlement of food grains to certain categories of households.
(B) The Act provides for the distribution of food grains at subsidized rates to these households.
(C) The Act provides for the establishment of a National Food