Skip to main content

Proposed amendment to Odisha's immovable property regulation: implication for tribals

By Ashok Shrimali* 
In an important development, the Odisha government is coming up with a new amendment to the Odisha Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) regulations, 1956, which seeks to undermine the fifth schedule of the Indian constitution. The fifth schedule gives special rights to tribals over natural resources, including land, in tribal areas. The amendment, if pushed through, will be the first of its kind in India where the fifth scheduled tribal area land will be easily alienation to non-tribals. The land will be allowed to be sold to a mining company or a corporate house. The implications are grave: The amendment, if passed, will prompt other states too to follow the Odisha “model”.
The result will be, the tribal people will lose their inherent rights and provisions of scheduled area of constitutional safeguard. Already, local tribal groups of Odisha have decided to move to the Supreme Court against the proposed amendment. In a representation to the President of India, Deme Oram, chief coordinator, Adivasi Zamin Bachao Andolan, Sundargarh, Orisha, has demanded cancellation of the proposed amendment of the Odisha Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) regulations, 1956. Expressing “deep concern” over the proposed amendment, the representation insists, the tribal people’s rights over natural resources are “recognized by the Constitution of India’s Article 244 (1).”
The representation says, “After the Independence, government of of Odisha did not provided sufficient opportunities for the economic upliftment of the tribal people. In spite of sacrificing all natural resources (land, water, forest and air) by tribals of this region, they are all deprived from all kind of opportunities generated out of developmental projects. Land of the tribals was taken away through different acts and provisions. They have been uprooted from their ancestral homestead but not rehabilitated till now.”
It points towards how their means of livelihood for survival (forest) were taken away or destroyed by the nearby project areas. The fifth schedule, however, sought to protect and regulate the tribal land and other natural resources. Even then, “different mechanisms” were adopted to take away the tribals’ private land in order to alienate them. “At present the private land of tribals (agricultural land) is less than one percent but population statistic of scheduled tribe is 23 percent within Odisha”, it adds.
The representation say, during the settlement process all the government recorded land in the scheduled areas was transferred to non-tribals, “resulting in genocide of future generation of the scheduled tribe families, as we do not have any access on these lands, restricting the tribals’ growth.”
Speaking on behalf of the Odisha tribals, the representation says, “We strongly affirm that land is not the property of tribal families but it is a resource of our community. Land is our mother and hence it cannot be mortgaged; mortgaging the land means our cultural destruction / our identity will be lost. We will lose all land holdings as we do not know to manage the money.”
It advocates that the proposed amendment is also contravenes the provisions of the Panchayat (Extension to Scheduled Areas) Act (or PESA), 1996, which activates the firth schedule. It will disturb peace and good governance in scheduled areas will be disturbed as per fifth schedule. “Transfer of tribal land should not be allowed through any means (bank) to non-tribal, which contradicts the decision of Apex Court of India vide P. Rama Reddy & others”, it says.
The representation demands that the “limitation period of 30 years in case of adverse possession of a tribal land by non-tribal should be lifted and the period of unauthorized occupation be calculated with effect from 1956.” It quotes the judgment of the Supreme court vide Amrendra Pratap Singh vs Tej Bahadur Prajapati, which states that “ acquisition of title in favour of a non-tribal by invoking the doctrine of adverse possession over the immovable property belonging to a tribal, is prohibited by law and cannot be countenanced by the court.” It adds, the proposed amendment “contradicts the above fact.”
Calling the amendment as nothing but a lucrative offer, the representation says, “It will not solve any kind of tribal peoples interest in Odisha.” Asking the President to “stop the amendment bill of the Odisha Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) regulations, 1956 (Regulation 2 of 1956).” Already, proposals of the amendment were “deferred by the National Commission on Scheduled Tribe vide the minutes dated November 17, 2009.”
It further demands “restoration of all scheduled tribes land which were alienated earlier on an emergency basis. Land (which were recorded as government category) should be allotted to the scheduled tribe members only in the scheduled areas as per the Fifth Scheduled 5(2)(b).” Also, there should be immediately cancellation of “all the settlement records where government land was transferred to non-tribal members in the scheduled areas.”
Sent to the President via the district collector, Sundargarh, Odisha, and handed over at Rourkela, a a copy of the representation has also been sent to the ministry of tribal affairs, Government of India, National Commission of Scheduled Tribe, ministry of home affairs, Governmment of India, and the ministry of law and Justice, Government of India.

*Senior Gujarat-based activist

Comments

vipin kumar said…
I adore what you have got right here. You make it entertaining and you still manage to keep it smart.This is truly a great blog thanks for sharing. luxury apartments in bangalore for sale

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.