Development Induced Displacement- A Pitfall on the Land Rights of Tribal Communities in India?

In this era of artificial intelligence, tribal communities are those, who truly exist with their roots, ethnicity, tradition and simplicity and dedicated to maintain the same. Amongst several rights available to them, the land right including the forest right and some other customary rights is a pivotal one. Though there is subtle difference between the terms indigenous and tribal, both of them are used synonymously in the UN system. Land rights of the tribal community are quite protected constitutionally as well as legally in India except the man-made developmental issues often fail to secure the land rights and allied basic rights of this vulnerable class. Their Land rights have been strengthened by the Part XVI and Fifth and Sixth Schedules of the Indian Constitution, the Panchayat (Extension to the Scheduled Areas) Act,1996, and their Forest rights have further been safeguarded by the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.The system of land appropriation by the State for public purpose has aptly been overhauled by the all new LARR Act,2013 that preserves their land rights in a very protective way replacing the rigid 1894 Act. In practice, displacement or relocation with monetary compensation, rehabilitation and resettlement seem to be a gimmick without a proper implementation of legal safeguards. Law seems useless except an appropriate implementation. Scattered acceptance and implementation of the LARR Act all over India worsen the plight of this marginalized community. The doctrinal paper is in search of probable solution to safeguard the basic and customary interests allied to land of the tribal community on the basis of a socio-legal study related to the sufferance faced by the unfortunate victims.

Land Rights, indigenous community, Indian tribal people, poverty

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