According to the most important laws of conventions 107 and 169 under the International labour Organisation (IlO), the Governments have to identify the lands, protect the tribal people’s rights and protect their natural resources. The tribals in our country are known as “Adivasis” in the ordinary usage of term. It is applied to people, who are considered primitive and who live in backward and hill areas.
Indigenous and tribal people have unique ways of life and a close relationship with land they traditionally use. The tribals were the early settlers in India. Not only did they lose most part of their habitat but also their economic condition was much ruined by the Zamindars, contractors, traders, revenue and police officials. In spite of all provisions against tribal exploitation, the practice continues as usual. This is partly due to the innocent nature of the tribals and partly due to the inaction of the Government.
The antiquity of Odisha is endorsed by her ancient people, designated as Scheduled Tribes who continue to inhabit in their traditional dwelling places in remote areas in the deep forests and hilly interiors. Most of the tribes are concentrated around the Eastern Ghat hill ranges in the region of Koraput who depend on shifting cultivation. Each of these tribal groups has its own indigenous customs and continues to practice them even today.
Undivided Koraput is classified under the V-Schedule of the Constitution. Agriculture is the source of livelihood of a great majority of the people of the district. Almost all the tribal people are involved in agriculture as ryots, tenants or otherwise as agriculture labourers. The issue of tribal land or specially that of land alienation has always been a matter of great concern to planners, policy makers, academicians and activists. To protect the poor innocent hill tribes from being deprived of their valuable lands which was their main source of livelihood and the homestead lands, the Agency Tract Interested and land Transfer Act (ATIlT Act) has been in force. Section 4 (1) of the ATIlT Act provides that any transfer of immovable property situated within the Agency Tract by a member of hill tribe shall be absolutely null and void, unless made in favour of another hill tribe or with the previous consent in writing of the Agency or any other prescribed officer.
The Orissa Scheduled Area Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 which is also known as Regulation-2 of 1956 came to force from October 4, 1956 which applies to the Scheduled Tribes of the scheduled area. The objective of the regulations is to have a common law for all the scheduled areas of the State and control and check the transfer of immovable property by the Scheduled Tribes in the scheduled area. The regulation mainly is intended to protect the tribals and their property from the hands of the moneylenders who grab the properties of the tribals by illegal means.
At present, the threat to tribal land has become more compounded than ever due to the onslaught of industrialisation, urbanisation, commercialization and infrastructure development. Displacement or forced eviction of tribals from their lands and natural habitats has for long been a serious problem. A comprehensive, self-contained and consolidated revenue code should be adopted for tribal land settlement.
In the name of development, tribal people have been pushed to the edge; their forest and water have been taken over by the market forces so that they have been deprived of everything. The coercive aspect of the State has impoverished the people through their ecological, economic, cultural and political marginalization, which prepares the ground for resistance.
In the process of development, the loss of private holding by tribals has been a cause of concern in spite of a number of laws being passed during the pre-colonial as well as post-colonial period to check land alienation. These laws suffered from many shortcomings and were unable to check the transfer of land from tribals to non-tribals.
The most marginalized and vulnerable communities are the indigenous people characterized by high level of proverty, illiteracy, unemployment, disease and landlessness. In spite of the Constitution provisions relating to the right to equality enshrined in Article 14 and the special provisions for the protection and upliftment of scheduled tribes and the welfare measures enshrined in Article 46 and 275 relating to promotion of their education and economic interests, the fact remains that the tribals in the district of Koraput are poor and exploited by the rich. Their land is being grabbed by the rich land holders and the moneylenders in many ways.
The present Naxalite movement like a cancerous sore has spread into the interior tribal village of Koraput and other tribal regions of Odisha. It aims to protect tribal property and restoration of the property usurped by the rich land holders. Human rights of tribals such as right to life, right to livelihood, right to property and right to education or welfare etc are violated even today. The rights and benefits for the tribal people embedded in the Constitution and law are not able to percolate down; lands alienation has gradually made tribals leave agriculture and become industrial labourers or migrant labourers. All these violate their basic rights to life.
Unscrupulous forest policy has led to poverty and violent unrest among the tribal population. Decentralised developmental process involving voluntary agencies at the grassroots level have made the tribals increasingly aware of their rights and privileges.
(Dr Maharana is faculty member, Jeypore law College, Koraput. Cell phone: 9438170563)