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Broken promises, betrayed rights: Constitutional violations in tribal India

By Raj Kumar Sinha 
Adivasi communities inhabit 15% of the land area of India. Projects involving forests, mines, dams, and other such developments have significantly impacted their lives and livelihoods. In the 58 tribal-majority districts, more than 67% of India’s forest cover is found. Large parts of these forests have been classified as Reserved Forests, Wildlife Sanctuaries, and National Parks. As a result, the Adivasis living in these areas are now considered as encroachers.
Most of the country's mineral wealth lies in tribal regions. To extract these resources, large tracts of forest land have been transferred for industrial use, causing severe environmental degradation. The destruction of forests has not only affected the livelihoods of tribal communities but also triggered displacement and unrest in these areas. Large dams are one of the biggest causes of displacement today. Due to various development projects, there has been massive displacement of Adivasis—nearly 30 million so far.
Since companies have come to know that forests are rich in natural resources—and thus in monetary value—there has been a consistent campaign to take control of these forested lands. Communities depend on these resources for their survival. When governments take control over them, the communities are forced to struggle for their rights and livelihoods.
In Chhattisgarh, forests in Hasdeo Aranya and Raigarh are being cut down for coal mining. People across the country have joined the local communities in protest. In the Narmada Valley, the proposed Morand-Ganjal and Basania (Odhari) dams will submerge nearly 5,000 hectares of dense forest and forest land. Adivasi communities are opposing these projects.
During the Jan Swabhiman Yatra in June, it was revealed that in Madhya Pradesh’s Balaghat district, 55 forest divisions in Baihar and Birsa blocks are being declared as Reserved Forests, affecting 40 villages and covering 36,833.672 hectares. Additionally, 250 hectares of forest land in the Lougur area of Paraswada block are being allocated for mining. Last month, in the midst of heavy rainfall, there was a major issue in Dewas district (Khate village, Khivni) and Dindori district (Karanjia block, Jarasurang) where homes were demolished and people were forcibly evicted from forest land. Tribal organizations strongly protested. In Khivni, people were being evicted for the establishment of Vallabhbhai Patel Wildlife Sanctuary. Following the protests, the forest division officer of Sehore was transferred, and the state government had to halt the sanctuary work.
Meanwhile, another issue has emerged. In Madhya Pradesh, a BJP MLA reportedly purchased around 795 acres of land since 2009 in Dindori district under the names of four Adivasi employees from Katni district. The land originally belonged to Baiga Adivasis and was acquired through fraudulent means. The MLA is preparing to obtain bauxite mining leases on these lands. All four tribal individuals in whose names the land was bought are listed below the poverty line. Tribal communities have come together to raise their voices against this fraud.
Such struggles are happening in various tribal regions of the country, and government repression against these movements is growing. Tribal areas are rich in minerals and other natural resources, and India’s major corporate houses have set their eyes on them. Several progressive organizations are standing up against this plunder, despite opposition from gram sabhas and tribal resistance. However, the government often steps in to protect corporate interests and suppresses dissent administratively.
In order to deprive Adivasis and other communities of their legal rights and displace them, all possible state power is being used. According to Article 244 of the Indian Constitution, the Fifth Schedule requires that any law proposed to be implemented in Scheduled Areas must first be referred by the Governor to the Tribal Advisory Council to assess its impact on tribal communities. Only after necessary modifications can it be implemented. Moreover, control over any land transfer from Adivasis falls under the Governor’s jurisdiction. Unfortunately, this constitutional provision is being ignored.
The administration in Fifth Schedule areas should function with the consent of the local community. The PESA Act provides for two important rights in tribal areas: first, that the management and control of natural resources within village boundaries shall lie with the gram sabha; and second, the gram sabha has the authority to resolve disputes through customary methods. But the ruling authorities have failed to grasp the spirit of the Constitution. As a result, laws that disregard and even contradict tribal traditions have been imposed in all tribal areas—except those under the Sixth Schedule.
India's highly centralized structure of power and administration further complicates matters. The central government holds the most power, followed by state capitals. Below them, actual power has not been devolved to gram sabhas, gram panchayats, municipalities, or municipal corporations. These bodies merely receive funds from above—and gain the scope to engage in corruption. When people in these areas raise their voices, the distant centers of power and lack of representation often result in their voices being ignored or silenced.
In reality, the use of natural resources is connected to all three dimensions of sustainability—social justice, environmental health, and economic development. Sustainable use of natural resources aims to balance these dimensions, ensuring long-term resource utilization while maximizing social benefits and minimizing environmental impact.
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*Bargi Dam Displaced and Affected Union

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