Tribal Issues-I

IMPORTANT ISSUES CONCERNING TRIBALS

1. Land Alienation Problem
Amendment in Land Acquisition Act 1894 to make it compatible with PESA Act 1996 in respect of consultations with Gram Sabha in cases of resettlement and rehabilitation of displaced persons;
Amendment in Indian Forest Act 1927 to make it compatible with PESA Act 1996 in respect of Ownership of Minor Forest Produce;
Advise States to ensure compatibility of State legislation on Panchayats with customary law, socials& religious practices and the traditional management practices of community resources, and to take corrective action wherever required;
Need for early implementation of Land Ceiling Laws through Fast Track Courts/Mobile Courts;
State Govts. to ensure:-
(i) Suitable entries about allotment of Surplus lands (under Land Ceiling Act) to tribals and actual possession status;
(ii) Pattas to be granted to tribals who have been assigned land by Govt. or who have been cultivating land for more than 10 years;
(iii) Copy of Khasra Khatauni with Map of the Holding, on demand, to every tribal family without charging any fee;
(iv) Details of revenue records to be in Gram Panchayat;
(v) Entries in revenue records to be made by the Patwaris with the approval of the Gram Panchayat;
(vi) Consolidation of holdings for economic viability and convenient cultivation;
Uttranchal Govt. to restore lands to tribals which was illegally transferred to non-tribals under the provisions of law, and to register cases against non-tribals who are in illegal occupation of tribal land;
States to review laws to plug loopholes to prevent land transfer to non-tribals without observing the laid down procedure;
Harmonization of provisions of State land laws with PESA Act 1996 to endow powers to the Gram Sabhas;
State Govts. to amend their land laws on the lines done in Himachal Pradesh (Transfer of Regulation) Act 1948 (in January, 2003), making it mandatory to obtain previous permission of respective State Govts. for transferring any tribal land to a non- tribal;
Pending such an amendment, the State Govt. to instruct District Collectors/ Deputy Commissioners against delegation of authority to lower functionaries for granting transfer permission;
Need for extending application of PESA Act to Tribes residing outside Scheduled Areas;
State Govts. to ensure compliance of Court orders in regard to granting land possession within a reasonable time frame;
Bar on appeals in cases where Deputy Commissioner/ Collector has decided in favour of tribals in land alienation cases on the lines of Orissa where provision exists for only one appeal to the Revenue Court;
The Fifth Scheduled States to make provisions in their respective State Acts regarding conferring of ownership of MFP on tribals in conformity with PESA Act;
Tribals to be allowed collection of MFP from forests declared as Protected Forests;
Tribals to be allowed Collection of fuel wood/ dry wood from Protected Forests/ Wildlife Sanctuaries;
Ensure implementation of 1974 guidelines regarding making local tribal communities Co-sharer in the mining & industrial activities in the region;
Giving preference to STs in granting mining concessions in Scheduled Area;
States to ensure:-
(i) Compliance of directions of Supreme Court in Samatta case- Not to transfer Govt. land by way of lease etc. in Scheduled Areas to a non-tribal;
(ii) making consultations mandatory with Gram Sabhas before grant of lease about minor minerals;
Safeguarding the rights of the Tribals over water and other natural resources in Scheduled Areas;
2. Problem of Displacement of Tribals their Resettlement & Rehabilitation
Need for Central Legislation on Resettlement & Rehabilitation of persons likely to be displaced due to developmental projects, either exclusive or as part of Land Acquisition Act 1894;
The Resettlement & Rehabilitation package to provide for :-
(i) Giving similar quality & legal status as the land from where displaced or providing compensation in cash or kind, should the displaced person so desire;
(ii) Stable livelihood to all members of displaced families;
· The State Govts. to ensure :-
(i) that resettlement & rehabilitation of tribals is finalized to their satisfaction before the commencement of acquisition process of their lands;
(ii) determine compensation rates on the basis of prevailing market rates at the time of acquisition and the enhanced value on account of industrial status rather than the rates of old registries;
(iii) minimum displacement of tribals and their resettlement & rehabilitation in tribal belts to protect their cultural heritage;
(iv) preference by Project/ Industry authorities to affected tribal families for running tea shops/ snack bars/ canteens in the project area;
(v) the tribal families cultivating the assigned lands for 10 years or more are treated on par with holders of pattas or those having ancestral lands;