India has established a multi-layered framework of constitutional provisions and legislative acts to protect and safeguard the land rights of Scheduled Tribes (STs) against alienation, displacement, and exploitation.
Constitutional Safeguards
- Fifth and Sixth Schedules (Article 244): The Fifth Schedule provides special administration and governance for tribal-majority areas in peninsular states to prevent land transfer to non-tribals, while the Sixth Schedule sets up Autonomous District Councils in northeastern states for regional self-governance.
- Article 46: Directs the State to promote with special care the educational and economic interests of weaker sections, specifically Scheduled Castes and Scheduled Tribes, and to protect them from social injustice and all forms of exploitation. [1]
- Seventh Schedule (State List, Entry 18): Places land and its management under the exclusive jurisdiction of State Legislatures, enabling states to enact localized tenancy and land-transfer restriction laws.
- Article 244(1) and Special Provisions: Empowers Governors to modify central or state laws to restrict the transfer of tribal land, alongside specific state provisions like Articles 371A, 371B, and 371C.
Legislative Measures
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA): Recognizes and vests forest rights, individual/community habitation rights, and livelihood access to forest land for forest-dwelling STs, preventing arbitrary evictions. [1, 2]
- The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA): Extends Part IX of the Constitution to Fifth Schedule areas, giving Gram Sabhas direct powers to safeguard community traditions, manage minor forest produce, and provide mandatory consultation for land acquisition and development projects. [1]
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR): Mandates social impact assessments, restricted acquisition of multi-cropped irrigated land, and specific rehabilitation guarantees for displaced tribal families. [1]
- State-Specific Tenancy Acts: Laws such as the Chota Nagpur Tenancy Act (CNT) and Santhal Pargana Tenancy Act (SPT) in Jharkhand explicitly prohibit the sale or transfer of tribal land to non-tribals.
