Syllabus: GS-II & V: Issues related to SCs & STs

Why in the News?

Recently, the Gauhati High Court expressed shock over the allotment of nearly 3,000 bighas (around 1,000 acres) of tribal land in Dima Hasao district, Assam to Mahabal Cement Pvt Ltd, which was acquired earlier this year by JK Lakshmi Cement. During a hearing, Justice Sanjay Kumar Medhi questioned the legality of such an allotment.

The case has triggered widespread outrage among tribal communities across the Northeast, who see it as a direct threat to their ancestral land rights. While the media cycle has moved on, the incident has reignited debates on the adequacy of constitutional protections, the integrity of traditional land management systems, and the increasing intrusion of corporate and political interests in tribal areas.

Constitutional Safeguards to Tribal Land

1. Article 371(A) (Nagaland)

• Provides special protection for land and resources.
• No Act of Parliament relating to ownership and transfer of land and resources can apply to Nagaland unless the State Assembly approves it.

2. Article 371(G) (Mizoram)

• Similar provisions to protect Mizo customary laws and land ownership.

3. Sixth Schedule of the Constitution

• Applies to Assam, Meghalaya, Tripura, and Mizoram.
• Establishes Autonomous District Councils (ADCs) with legislative, executive, and judicial powers over land, forest, and resources.
• Tribal lands are meant to be managed by traditional authorities under community consensus, not by State governments or private entities.

4. Other Legal Safeguards

• Chotanagpur Tenancy Act (1908) and Santhal Parganas Tenancy Act (1949) (Jharkhand).
• PESA Act (1996), empowering Gram Sabhas in Scheduled Areas over land and resources.

Traditional Authority over Tribal Land

• Tribal lands are ancestral and communally owned, managed by clans, tribes, or village councils.
• These councils enjoy constitutional backing (Sixth Schedule, Article 371). 
• Historically, neither the British nor post-Independence governments directly interfered with these systems.
• Traditional authorities exercise legislative, judicial, executive, and financial powers in land-related matters.
• Consent and consensus were historically non-negotiable principles in alienating or leasing tribal land.
  

Current Erosion of Tribal Land Rights in Assam

1. Corporate Intrusion

• Allotment of tribal lands (e.g., Dima Hasao case) to private firms reflects a circumvention of Sixth Schedule protections.
• Earlier controversies: Karbi Anglong land alienation cases, large-scale acquisition for cement factories, plantations, and mining projects.

2. Weakening Traditional Authorities

• Many councils and village heads are either:
  • Unexposed and easily manipulated, or
  • Politically co-opted and corrupt, bypassing consensus in exchange for personal or political benefits.

3. Internal Greed & Monetisation of Land

• Land, once sacred, is increasingly seen as a monetisable asset.
• Younger generations often prioritize short-term monetary gain over ancestral and ecological values.

4. State and Central Political Pressure

• Traditional authority is often overwhelmed by State laws, bureaucratic overreach, and political enticements.
• Governments frequently prioritise corporate investment and industrial growth over indigenous safeguards.

5. Dilution of Customary Laws

• Customary land protection frameworks are increasingly altered or diluted to accommodate industrial projects.
  • Example: Displacement and environmental degradation in Karbi Anglong due to mining and plantation activities.

Way Forward

• Revisit and Strengthen Constitutional Safeguards
  • Amend the Sixth Schedule to include transparency clauses and mandatory consent verification mechanisms for land transfers.
  • Introduce independent oversight bodies to monitor council decisions.

• Capacity Building of Traditional Authorities
  • Mandate minimum educational qualifications or training programmes for council members.
  • Equip them with legal literacy to resist manipulation by external interests.
    
• Community Awareness and Accountability
  • Launch awareness campaigns about land rights, compensation norms, and corporate practices.
  • Institutionalise community-led social audits of land-related decisions.
    
• Transparency in Land Deals
  • Digitise land records within Sixth Schedule areas.
  • All proposed land allotments should be put through public consultations and scrutiny before approval.
    
• Alternative Development Models
  • Promote community-owned cooperatives, agro-based industries, and eco-tourism instead of leasing tribal land to corporate entities.
  • Encourage solar and green energy projects with local participation.
    
• Judicial Vigilance
  
  • The judiciary should continue to play a watchdog role, as seen in the Gauhati High Court’s intervention in Dima Hasao.
    

Conclusion

The Dima Hasao land allotment case is not an isolated episode but part of a larger trend where ancestral tribal land rights are being eroded through corporate intrusion, weak governance, and the commodification of land. Constitutional provisions such as the Sixth Schedule and Article 371 were designed to protect indigenous communities, but their efficacy depends on honest leadership, vigilant institutions, and community solidarity. Unless safeguards are strengthened and accountability enforced, tribal communities risk losing not just land, but their identity, culture, and ecological balance.

Mains Question (250 words / 15 marks)

“The recent controversy over allotment of tribal land in Dima Hasao district highlights the erosion of constitutional safeguards for indigenous communities in the Northeast.” Critically examine the adequacy of current protections for tribal land rights.

The Assam Tribune